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HomeMy WebLinkAbout2017 02 15NOTICE CALL OFA 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, FEBRUARY 15, 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: February 9, 2017 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 February 9, 2017. Alejandra Avila City Clerk FA r,. .14471 CITY COUNCIL SPECIAL Edi Please note time and FEBRUARY 15, 20 17 meeting ,�.�..-�~ " location 6:00 PM CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 ul�NFk� °. �� pai�,1 Ci � ril��� yyNM1 i fi I p a Mh, Manuel Lozano Susan Rubio Cruz Baca Monica Garcia Ricardo Pacheco - Mayor Mayor Pro Tem - Council member Council member Council member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPA GAR SUS TELEFONOS CELULARES V BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda, but only on any matter posted on this agenda. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish-speaking interpreter is available for your convenience COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar solamente sobre asunto publicado en esta agenda. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A Cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. 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 sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o f jar asuntos para tomar en consideracidn en juntas proximas. [Codigo de Gobierno §54954.2] OPEN SESSION/STUDY 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. 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: Potential Case(s): Two (2) 5. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: AA,gngy designated representatives: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney mplo ee Or+ianiz tions: 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 Unrejoresented Em to ees : City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director 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 February 9, 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 mall„ 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&bbal(fs it tI cprr?. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please ensure a' Z'i FEBRUARY 15, 2017 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Manuel Lozano - Mayor Susan Rubio - Mayor Pro Tem Cruz Baca - Council Member Monica Garcia - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cads persona se le permite hablar por fres (3) minutos. Hay un interprete para su conveniencia. A� d,by ",9 "d'ib' „r° i p$.irb'ir ie'y % X P i � itk"' brig"' N "v I -�'c ej,d � f itE:""?n Ix '"v� 13u � wSRNI of i'P .i' y M +.r i d''" rTle t'frfq 4'Dk° �hel Cd�"l bhat i hi tf7 �'OU✓'"w:^ POOti I(I lhat i,,00' be P)Y.ahi"n:b(r. t) �:�i!iYbtic 9�n' :, )e PI'on �: City, ��,r dba `�t^�% l d` '' G ? ys "i�w"r cc,;' : r`^�^6131 , y""ticd° fic d.�five�u Pi"e, �1!� J` "0or a`YIId�'F �i ,�'+x4"?�i �� ��1'd.�si'iil �s �PG�Pdb�ll' j(Py11 ?u ,'Jq,"y CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem Susan Rubio and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS o Presentation of a plaque expressing appreciation to Captain Joe Bartolotti for his service as the 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. PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETAR/A SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas, o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1.. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. TREASURER'S REPORT — DECEMBER 2016 Staff recommends that Council receive and file the Treasurer's Report. 3. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meetings held on September 21, 2016. 4. APPROVAL OF AN 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. 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. 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." 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. 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 City Council Agenda Page 3 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 COUNTYWIDE 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." 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." 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 Childhood Arrivals (DACA) Program and the Promise of a Future for All Residents, Regardless of Immigration Status." 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." PUBLIC HEARING None. REPORTS OF OFFICERS 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. 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. City Council Agenda Page 4 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. CITY COUNCIL J CITY' CLERK I CITY TREASURED f STAFF RE VESTS COMMUNICATIONS Reguest 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 Reg uest 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. • A report from the Chief of Police on recent public safety incidents and recommendations for identifying and addressing trends. Re uest 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). 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 �osted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 9t day of February, 2017. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each iters 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 aavilg@aldv iD ark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 5 ITEM NO. +-STAFF REPORT TO: Honorable Mayor and City Councilin ember a ,HU �3 � F rN� FROM: Rose Tam, Director of Finance • SAN cAB1 'L DATE: February 15, 2017 VALLEY . ' 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 $389,210.76 and the attached General Warrants Register were $606,191.92 for a total amount of $995,402.68. 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 198478 to 198498. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 253780 to 254044 for the period of January 15, 2017 through January 28, 2017, inclusive; these are presented and hereby ratified in the amount of $389,210.76. 2. General Warrants, including check numbers 213599 to 213766, in the total amount of $606,191.92 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. NJ N CQ N K) N r.Q r.Q r.13 N) K) Na W L,J w w uj (11 W w U., w Eli 0) 0% M. 01 M 0) 0) G) G� I CD CD C) EC) (D r. CD ? C) N) (D (n ^ 1 01 Yl 41 w K) F N) W ul Us, w U� W CJ Ur W m in -uz m ED F-= Ur w Ur w VI- (.1) -VI Ln 4a pay 'Pa I . . F. 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WALLY �` SUBJECT: TREASURER'S REPORT - DECEMBER 2016 SUMMARY Attached is the Treasurer's Report for the month of December 2016. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for December 2016. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. INVESTMENT DESCRIPTION State of California Local Agency Investment Fund City Housing Authority Certificate of Deposit__ _ Capital One Bank USA NATL ASSN Wells Fargo Bank NA SIOUX Falls JP Morgan Chase Bank NA Columbus Ally Bank Midvale CTF DEP ACT/365 CITY OF BALDWIN PARK TREASURER'S REPORT 12/31/2016 INTEREST PURCHASE MATURITY RATE', DATE DATE 0.72%, Varies Varies 0.72% Varies Varies 1.15% 9/14/2016 9/14/2018 1.15% 9/14/2016 9/14/2018 1.15% 9/16/2016 9/16/2018 1.15% 9/17/2016 9/17/2018 PAR CURRENT fALUE PRINCIPAL BOOK VALUE MARKET $ 15,266,837.49 $ 15,266,837.49 $ 15,266,837.49 $ 15,266,837.49 13,148.90 13,148.90 13,148.90 13,148.90 116,279,9R.3-9--16,279,986.39.........._. _.---15,,22 -.. 79, 986.39 15, 279,986.39 246,000.00 245,000.00 245,000.00 243,645.15 246,000.00 245,000.00 245,000.00 243,681.90 245,000.00 245,000.00 245,000.00 243,674.65 245,000.00 245,000.00 245,000.00 243,628.00 980,000.00 980,000.00 980 000.00 974,629.60 Fiscal Agent Funds - City Varies Varies Varies 2,421,954.99 2,421,954.99 2,421,954.99 2,421,964.99 Fiscal Agent Funds - Successor Agency Varies Varies Varies 2,936,980.65 2,936,980.65 2,936,980.65 2,936,980.65 ....__.� $ 21,618,922.03 $ 21,618,922.03 6,358,935.64 $ 21,613,551.63 Total Investments $ 21,618,922.03 Cash City Checking 3,708,632.53 Money Market Plus 9,015,396.10 City Miscellaneous Cash 83,196.50 Successor Agency 174,404.31 Housing Authority 546,487.81 Financing Authority 0.00 Investment Brokerage mmmmmITITmm 339.03 Total Cash13,628,456.28 Total Cash and Investments $ 35,147,378.31 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of December 2016 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING SEPTEMBER 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 at 7:05 p.m. INVOCATION The invocation was provided by Council member Baca PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano, ROLL CALL MEMBERS PRESENT: Mayor Manuel Lozano Mayor Pro Tem Monica Garcia Council Member Cruz Baca Council Member Ricardo Pacheco Council Member Susan Rubio REPORT ON CLOSED SESSION Mayor Lozano stated that by a vote of 3 — 2, Council chose to terminate without cause Michael Taylor from the Chief of Police position. ANNOUNCEMENTS Mayor Lozano requested that the meeting be closed in memory of Mark Shoenfield, whose mother passed away recently. Mayor Lozano recognizes several municipal officials, including Santos Hernandez and Carlos Lopez, both from Baldwin Park Unified School District, Brian Rioz, and Ed Chavez of the Upper San Gabriel District. Also present were Margarita Vargas and Al Contreras from Valley County Water District. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Employee Recognition — Retirement of long-time employee Gus Martinez, Public Works Department Mayor Lozano honored retiring employee Gus Martinez, presenting him with a plaque in recognition of his dedicated service to the Public Works Department and wished his well in his retirement. Farewell Certificate Recognition — Public Works Department Assistant Jesus Saenz Council member Pacheco presented a Certificate of Recognition to departing employee Jesus Saenz who has served as a Department Assistant in Public Works, thanking him for his dedicated service and wishing him well in his new endeavors. Presentation on Medical Marijuana businesses and related issues. This presentation was postponed and will be held at a future meeting.. Presentation on Measure M by Lilian De Loza-Gutierrez, LA Metro. This presentation was postponed and will be held at a future meeting. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications and noted that each speaker is permitted a total of three (3) minutes to speak. Jor e Rodrigg z, expressed concern regarding recent gas leaks throughout California and sought Council support for the Blue -Green Alliance which is spearheading a campaign that will encourage the Public Utilities Commission to establish a protocol for inspection of gas lines throughout the San Gabriel Valley. Arturo Luria, Baldwin Park resident, complained about a lack of response to requests for information; objected to condemning a banner that had been brought into the Council Chambers at a previous meeting, stating that it was a violation of the right to freedom of speech; opined that members of council are not properly representing the city. AI Contreras, Baldwin Park resident, began by noting Item No. 4 on this evening's agenda which pertains to fireworks, expressed support for the reduction of the number of days that fireworks are to be sold but asked that permits and fees also be reduced to coincide with the loss of proceeds; also noted that he is glad to see that Council is considering rules of conduct for managing council meetings. Tony Gonzalez, also spoke on Item No. 4 regarding the reduction of days for sales of fireworks; stated that the reduction of days would have a negative impact on proceeds generated for the wresting team. Daniel Lava,nos, representing One Legacy, an advocacy for organ donors; spoke in support of the act of donating organs and tissue and encouraged everyone to become a donor; invited the community to see the One Legacy float that would be participating in the Annual Rose Parade and invited the Council members to attend a ceremony in which they each would place a flower on the float. Dose Hernandez, treasurer of the Baldwin Park High School Band Booster Club, also spoke on Item No. 4 relating to a proposed amendment to the fireworks code, expressing her concern that scaling back the number of days allowed for sales would have a detrimental effect on the financial means needed to support the Baldwin Park High School Band. Juan Bios, Baldwin Park resident, opined that the majority (three) of council members are voting down items that would have benefitted the community and that alliance always revolves around the Mayor; stated that the Mayor needs to stand up for the residents of the city. September 21, 2016 Page 2 of 20 Ken Woods, Baldwin Park resident, commented that some council members having made insinuations that other council members are not "doing their homework" and that council should exercise better time management practices; opined that more time is spent talking about how there is too much talking; opined that some council members demonstrate offensive behavior on the dais. rattle, Baldwin Park business owner, editorializes various allegations of corruption and personal misconduct by some members of council. Jesse Plata, Baldwin Park resident, resides on Foster and stated that there has been a great deal of activity on a vacant lot near his home; expressed concern that it may be for the purpose of opening a commercial business because a fence has been erected around the property and there has seen a significant number of trucks and equipment going in and out of the property; objected to this because it is a residential neighborhood and inquired as to whether there had been a zone change, whether proper fees were being collected and whether such activity would contaminate the soil. Daniel Damian, Baldwin Park resident, provided to all council members, the CEO and city attorney copies of invoices issued by Infrastructure Engineers (aka Advanced Applied Engineers and aka AAE) to the City of South EI Monte which imply that one of the council members participated in business activities of a contractor that does business with the City of Baldwin Park; pointed out that the Meeting Minutes document that the council member did not abstain from voting on the projects that propose award to Infrastructure Engineers/Advanced Applied Engineers/AAE. P+argarita Varram, Valley County Water District board member, spoke on upcoming discussion of parliamentary procedures to be adopted by council; suggested that Robert's Rules of Order is the best procedure to adopt since these rules are easier to follow and most are familiar with them. Roman Rodriguez, Baldwin Park resident, alleged that a currently seated council member has repeatedly disregarding FPPC Conflict of Interest Regulations by not abstaining from discussion and vote on contracts with consultants to which the council member has had a professional relationship with and has represented that consultant on projects in another jurisdiction; asked that the council member resign and step down from the position. Sid Mous i, spoke in rebuttal to inflammatory allegations made about the services provided to the City by his company and stated that all of the allegations are false, unfounded and are not based on facts; stated that there is no working relationship between the council member that is the subject of discussion and the contractor referenced in the assertions. ,John Garcia, Baldwin Park resident, represented that he is speaking on behalf of many of the residents of Baldwin Park and that the residents want answers to the allegations that have been brought forward. Seeing no others wishing to speak, the Mayor closed Public Communications. Council Member Pacheco responded in rebuttal to comments made during public communications, responded to comments made about allegations reflected in invoices and opined that these statements are intended to be a smear campaign orchestrated by candidates (both elected and not elected) to discredit him. Mayor Pro Tem Garcia made comments in rebuttal, stated that, if there are real concerns, that those concerns should be brought to the District Attorney's Office and that a formal September 21, 2016 Page 3 of 20 investigation be initiated. Reiterated that legitimate concerns should be taken to the authorities and "the books will be open." Council Member Baca opined that allegations made against Council Member Pacheco, Mayor Pro Tem Garcia and Mayor Lozano are viewed as insults and political smear campaigns yet these same council members have to these members have accused she and Council Member Rubio of extortion and improper conduct in order to fund the campaign of state officials. Council Member Baca also stated that she had conversations with South EI Monte staff who expressed concern regarding the business activities involving other Baldwin Park council members and the potential of losing federal funding as a result those activities. Council Member Rubio reminded all present of a previous instance in which the Director of Public Works conducted a competitive bid, recommended for award a selected company and that recommendation was twice rejected by Council twice. Council Member Pacheco stated that he has not conducted himself in any way that is a conflict of interest and that he objects to the comments made by Council Member Baca. Council Member Rubio pointed out that she and Council Member Baca have repeatedly asked that an investigation be done and that she and Council Member Baca have yet to receive any information or justification of work performed as indicated on the invoices that she has been questioning; reiterated her support of an investigation and her continued objection to the increase of the contract threshold from $10,000 to $120,000; opined that there have been complaints about her raising questions on the dais and that she is concerned with the lack of information being provided to her or the residents of the community. Council Member Pacheco countered the comments of Council Member Rubio, stating that all invoices come before council and that the invoices are fully vetted by staff prior to payment, stated that investigations have been approved and are moving forward, deferring to Mayor Lozano to support the statement; Mayor Lozano expressed that he has no objection to the District Attorney conducting an investigation. Council Member Rubio asked why it should go to the point of an investigation by the District Attorney when staff can simply respond to the inquiries and provide documentation to support those invoices that are being questioned; pointed out that, per Council Member Pacheco's statement, invoices are being approved and paid by staff prior to Council ever seeing the documents; requested that Interim Director of Public Works Sam Gutierrez respond to some of the questions raised. Interim Director Gutierrez stated that contracts are presented to Council for approval but that invoices and "task orders" are not; explained that the consultant prepares invoices based on work performed, as outlined in the task orders, and the invoices are presented to staff to review and then forwarded to Finance for payment. Council Member Rubio also asserted that, at the last Council meeting, she provided copies of unexecuted contracts from which invoices were being paid prior to the contracts even being approved and signed; she opined that Council should be responsible for the decisions made on expenditure of such large amounts. September 21, 2016 Page 4 of 20 Mayor Pro Tem Garcia asked Chief Executive Officer Shannon Yauchzee to provide a report on the progress he has made in investigating the matter of unexecuted contracts as raised by Council Member Rubio at the last meeting. CEO Yauchzee reported that he has not yet concluded the investigation but has gathered documents and is preparing to interview two more staff members prior to preparing a formal report; summarized that the former Director of Public Works had authorized the work to begin but that, due to miscommunications, a formal task order was not completed prior to the first invoice being submitted; stated that the former Director had given a verbal authorization but erroneously did not follow up with an email to document the authorization. Mayor Pro Tem Garcia acknowledged that this was an error but asked that additional attention be paid to processing of task orders and payments; opined that council members should be reviewing the agenda materials prior to meetings and that she, when time permits, meets with department directors in order to get a better understanding of what is being presented for approval. Council Member Baca countered the comments of Mayor Pro Tem Garcia, pointing out that an investigation is underway at this time and that she and Council Member Rubio have been gathering volumes of records for review; stated that the issues seem to all lead back to the cap of $120,000 which was spearheaded by Council Member Pacheco; stated that much of the investigation seems to lead back to the same handful of consultants; stated that she directed the City Attorney to send out letters to consultants requesting that they provide a report to Council on October 5, 2016; named AAE, Infrastructure Engineers, Advanced Applied Engineering, AIMS, Del Sol, Kosmont and California Consulting; reiterated that the assertions are no allegations and that documentation supporting that there are discrepancies and the increase of the threshold to $120,000 has had a lot to do with these discrepancies going unnoticed. Mayor Pro Tem Garcia asked that CEO Yauchzee to state who voted for the $120,000, to which he response that he believes the item passed with a 4 — 1 vote, Council Member Baca abstaining. Council Member Baca asserted that it is the job of Council to insure that public funds are being accounted for. Council Member Rubio, referred to a comment of Mayor Pro Tem Garcia made about trusting staff's expertise, then pointed out that the former Director of Public Works had solicited bids, picked a consultant, vetted the company and brought his recommendations before Council. His recommendation was rejected twice, until the third recommendation called for award to a consultant that he did not select nor did he want selected; this third recommendation brought before Council and was approved; opined that Council should commit to trusting the expertise of staff wholly or not at all, noting that Council cannot pick and choose. Mayor Lozano asked that the discussion be suspended so that the meeting could continue and the presentation by L.A. Metro could commence. CONSENT CALENDAR Council pulled Items 4, 5, 6 7, 8, 9 and 10 from Consent Calendar for further discussion. September 21, 2016 Page 5 of 20 I. 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, Lozano, NOES: None. ABSENT: Lozano. ABSTAIN: None. 2. REJECTION OF CLAIMS Pacheco, Rubio Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Alvarez, Benito Claimant alleges that the police department towed and impounded his vehicle; while the vehicle was in storage, the claim alleges that money ($121.00) was taken from his ash tray. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to reject the claims listed on the Staff Report and direct staff to send the appropriate notice of rejection to claimants. AYES: Lozano, Baca, Rubio, Pacheco NOES: None. ABSENT: Garcia ABSTAIN: None. 3. SECOND READING AND ADOPTION OF NOISE ORDINANCE NO. 1388 WITH RESPECT TO TIME OF ENFORCEMENT Staff recommends that Council conduct a second reading, by title only and waive further reading, and following such reading, approve and adopt Ordinance 1388, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 130.31, 130.34, AND 139.37 OF CHAPTER 130: GENERAL OFFENSES, OF THE TITLE XIII OF THE BALDWIN PARK MUNICIPAL CODE WITH RESPECT TO NOISE REGULATIONS." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve and adopt Ordinance 1388, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Sections 130.31, 130.34, and 139.37 of Chapter 130: General Offenses, of the Title XIII of the Baldwin Park Municipal Code with Respect to Noise Regulations." AYES: NOES: ABSENT: ABSTAIN Baca, Garcia, Lozano, Pacheco, Rubio None. None. None. September 21, 2016 Page 6 of 20 4. AMENDMENT OF FIREWORKS ORDINANCE NO. 1390 IN ORDER TO REDUCE THE NUMBER OF SALES DAYS AND INCREASE THE FINE FOR VIOLATIONS Staff recommends that the City Council waives the First Reading and adopt by Title only Ordinance No. 1390, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 93.10 AND ADDING SECTION 93.13 OF CHAPTER 93: FIRE PREVENTION; FIREWORKS, OF TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE" Council Member Rubio began discussion by noting that many community non -profits have expressed concern about the loss of sales due to the reduction is the number of days that the sale of fireworks would be permitted; asserted that the real problem is the use of illegal fireworks which are much louder and more dangerous that safe and sane fireworks; suggested that the Ordinance be revised to return the permitted days for sale of safe and sane fireworks remain as has been previous practice but to amend the Ordinance and provide a "three strike" rule under which any person(s) cited for the use of illegal fireworks would, upon the third violation, be required to pay a fine of $2,000, increasing with each violation thereafter. Council Member Rubio made a motion to revise the Ordinance to repeal the number of days permitted for sale of safe and sane fireworks and to modify the Ordinance 1390 to implement a "three strikes" rule and fine offenders; Council Member Baca seconded the motion. Mayor Pro Tem Garcia asserted that the target should be those who are shooting off illegal fireworks and suggested that Council be thoughtful as to how these issues are addressed. Mayor Pro Tem Garcia amended the motion to ask that the Chief of Police survey other surrounding cities, gathering information as to their best practices, and come up with a better approach that will be more in line with what other cities are doing; suggested that this item be tabled until the Chief is able to do the research and develop a plan. Council Member Rubio stated that study of surrounding cities was conducted and results used to help develop this ordinance; stated that she would like to move forward with the item and a meeting can be arranged with the Chief after this is passed to further develop a process of addressing the issue. Council Member Rubio made a substitute motion asking that the item be passed as is; Council member Baca seconded the motion; Council member Pacheco voiced objection. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Baca, Rubio Noes: Garcia, Pacheco, Lozano Absent: None Abstain: None The Motion failed by a vote of 2 — 3. Council Member Baca asked about the descent vote of Mayor Pro Tem Garcia; stated that Council Member Rubio's suggestions and motion were in line with what Mayor Pro Tem Garcia had just expressed; September 21, 2016 Page 7 of 20 Mayor Pro Tem Garcia stated that she wants to see a more comprehensive approach and to hear from the Acting Chief of Police as to how enforcement would be handled. Mayor Pro Tem Garcia made a motion to continue the item, study it more and have the Acting Chief of Police present Council with a comprehensive approach. Council Member Pacheco seconded the motion. Council Member Rubio expressed objection. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Garcia, Pacheco, Lozano Noes: Baca, Rubio Absent: None Abstain: None The Motion passed by a vote of 3 — 2 to continue the item, study it more and have the Acting Chief of Police present Council with a comprehensive approach.. & REVIEW OF THE COST OF CITY FEE SERVICES BASED ON A STUDY PREPARED BY REVENUE & COST SPECIALISTS, LLC (RCS) Staff recommends the Council approve the proposed City Schedule of Fees and the corresponding Resolution No. 2016-147, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE ADOPTION OF A NEW SCHEDULE OF SERVICE FEES FOR ISSUANCE, PROCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY." Council Member Rubio expressed concern regarding the fee increases and the appearance that the City is being wasteful in its spending; stated that she would like to set this aside and hold a special meeting that would give the opportunity for Council to learn more and discuss the matter in depth. Council Member Rubio made a motion to hold this item over to allow for further discuss on the impact of the proposed fee increases. Council Member Baca seconded the Motion. Council Member voiced objection, saying that there has been plenty of time to ask questions. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Baca, Rubio Noes: Pacheco, Lozano Absent: Garcia Abstain: None Since Mayor Pro Tem Garcia had stepped away from the dais, the vote was a tied at 2 — 2. Council Member Pacheco subsequently made a motion to take a short recess, however Mayor Lozano, Council Member Baca and Council Member Rubio asked that this item be addressed rather than taking a recess. A short time later, Mayor Pro Tem Garcia returned to the dais. Upon her return, Council Member Rubio made a substitute motion to bring this September 21, 2016 Page 8 of 20 item back and suggested that a Study Session be held to gain a more in-depth understanding of the item. Council Member Baca seconded the motion, however Council Member Pacheco voiced objection to the motion. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are 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 to pass the item as presented, and the motion was seconded by Mayor Pro Tem Garcia. Council Member Baca voiced objection. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Garcia, Pacheco, Lozano Noes: Baca, Rubio Absent: None Abstain: None The motion carried by a vote of 3 — 2 to approve the proposed City Schedule of Fees and the corresponding Resolution No. 2016-147, entitled "A Resolution of the City Council of the City of Baldwin Park Approving the Adoption of a New Schedule of Service Fees for Issuance, Processing and Filing of Various City Services and Permits in the City." 6. ADOPTION OF RESOLUTION NO. 2016-148 APPROVAL TO APPLY FOR GRANT FUNDS FROM THE CALIFORNIA URBAN RIVERS GRANT PROGRAM UNDER THE WATER QUALITY, SUPPLY AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014 (PROPOSITION 1) FOR WALNUT CREEK NATURE PARK Staff recommends the City Council to: 1) Adopt Resolution No. 2016-148 entitled "Resolution of the City Council of Baldwin Park approving the application for grand funds for the California urban rivers grant program under the quality, supply, and infrastructure improvement act of 2014 (Proposition 1)" and 2) Authorize the Director of Recreation and Community Services and the Interim Director of Public Works to execute any further documents. Council Member Baca stated that she had received several inquiries from residents regarding the irrigation system on the Walnut Nature Creek Improvements project and asked whether these grant funds would help to fund completion of the irrigation system. Recreation and Community Services Director Manny Carrillo stated that these grant funds are intended to fund Phase III of the Walnut Creek project. September 21, 2016 Page 9 of 20 Interim Public Works Director Gutierrez confirmed that funds for completing the irrigation system would come from this grant. A motion was made by Baca, seconded by Garcia, and carried (5 — 0) to Adopt Resolution No. 2016-148 entitled "Resolution of the City Council of Baldwin Park approving the application for grand funds for the California urban rivers grant program under the quality, supply, and infrastructure improvement act of 2014 (Proposition 1)" and Authorize the Director of Recreation and Community Services and the Interim Director of Public Works to execute any further documents. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2016-0165 — CENTER MEDIAN LANDSCAPE IMPROVEMENTS PROJECT It is recommended that the City Council approve the plans and specifications for the Median Landscape Improvements Project (City Project No. 2016-0165) and authorize the Notice Inviting Bids. Council Member Rubio explained for the benefit of the community that the reason for turning off the water and allowing the vegetation in the street medians to brown was to adhere to the State water reduction directed by Governor Brown; explained that the purpose of this project is to improve and beautify the medians by replanting with water tolerant plants. A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to approve the plans and specifications for the Median Landscape Improvements Project (City Project No. 2016-0165) and authorize the Notice Inviting Bids. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. AMENDMENT TO WEST COAST ARBORIST CONTRACT FOR CITYWIDE TREE TRIMMING SERVICES It is recommended that the City Council: 1. Approve the amendment to the existing contract with West Coast Arborist, Inc. (WCA) for Citywide Tree Trimming Services, increasing rates by 31% over the next three years including two optional one-year renewal extensions with no rate increase; and 2. Authorize the Mayor to execute the attached Amendment to the Agreement. Council Member Rubio noted that this item is similar to the previous item on the agenda but that she had a question regarding the fee increases included in the September 21, 2016 Page 10 of 20 Amendment; noted that there is are fee increases indicated over the next three years but that, with the reduction of vegetation in the medians, she asked why the reduction in work (because of the replacement of trees) would not correlate with the increases. Interim Public Works Director Gutierrez explained that, with the mandated increase in the minimum wage, the Department of Industrial Relations reclassified many of the positions subject to prevailing wage standards and that increase is being compensated in the Amendment; noted that it only applies to certain workers and that fee increases would occur incrementally over the next three years. A motion was made by Baca, seconded by Rubio, and carried (5 — 0) to Approve the Amendment to the existing contract with West Coast Arborist, Inc. (WCA) for Citywide Tree Trimming Services, increasing rates by 31% over the next three years including two optional one-year renewal extensions with no rate increase and Authorize the Mayor to execute the attached Amendment to the Agreement. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. ADOPTION OF SALARY RESOLUTION NO. 2016-150 TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE OF ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALIPERS GUIDELINES It is recommended that the City Council approve resolution 2016-150, a resolution of the City Council of the City of Baldwin Park, to create and adopt the comprehensive Pay Schedule. Council Member Baca requested clarification as to the Resolution and additional details of its purpose. CEO Yauchzee explained that this Resolution will bring the City into compliance with CalPERS regulation that requires posting a [single] Resolution and list of salaries for all employees [in all bargaining units] on the CalPERS website; stated that Resolutions are supposed to contain all salaries whereas the City has been passing individual Resolutions for each negotiated union contract and the information was being published only on the City's website. A motion was made by Baca. Seconded by Lozano, and carried (5 — 0) to approve resolution 2016-150, a resolution of the City Council of the City of Baldwin Park, to create and adopt the comprehensive Pay Schedule. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. ADOPT RESOLUTION TO IMPLEMENT A POST EMPLOYMENT HEALTH PLAN FOR PUBLIC EMPLOYEES (PEHP) FOR THE CITY OF BALDWIN PARK It is recommended that the City Council approve resolution 2016-149 adopting a Post - Employment Health Plan and direct the City to move forward with the process of implementing the plan with the Plan Sponsor, Nationwide Retirement Solutions, Inc. September 21, 2016 Page 11 of 20 Council Member Rubio asked for clarification as to the details and how it impacts employees. CEO Yauchzee explained that this Resolution will provide this benefit to the Chief Executive Officer contract and will later be offered to all City employees; the nature of the Resolution is to offer the opportunity for City employees to put their own money into a retirement account, tax-free, and the employee could, upon retirement, draw money for use for medical purposes only; noted that the plan would take effect immediately for the CEO contract and will be offered to employees during the next round of Labor Union negotiations. In response to Council Member Rubio's inquiry, CEO Yauchzee explained that the offer will vary depending on the details and employee labor groups would have to determine who they wish to set up the account(s). Council Member Rubio opined that she would like the employees to have the option as to whether they choose to or not to participate. 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. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING THE LOS ANGELES COUNTY "SAFE, CLEAN NEIGHBORHOOD PARKS AND OPEN SPACE FOR ALL MEASURE" Staff recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2016-151 entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING THE LOS ANGELES COUNTY "SAFE, CLEAN NEIGHBORHOOD PARKS AND OPEN SPACE FOR ALL MEASURE" and 2) Authorize the Mayor to execute resolution, letters of support as needed and appropriate to demonstrate the City Council's support of the Los Angeles County Safe, Clean Neighborhood Parks and Open Space for all Measure on behalf of the City Council. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to Waive further reading, read by title only and adopt Resolution No. 2016-151 entitled, "Resolution of the City Council of the City of Baldwin Park Supporting the Los Angeles County "Safe, Clean Neighborhood Parks and Open Space For All Measure" and authorize the Mayor to execute resolution, letters of support as needed and appropriate to demonstrate the City Council's support of the Los Angeles County Safe, Clean Neighborhood Parks and Open Space for all Measure on behalf of the City Council. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. September 21, 2016 Page 12 of 20 12. 5 -YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET FOR FISCAL YEAR 2016-2021 Staff evaluated the 5 -year CIP program and found the projects as necessary expenditures to maintain infrastructure and improve the City's delivery of quality services to its residents and customers. Staff recommends that the City Council approve the 5 - year CIP program and additional appropriations for FY 2016-17. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the 5 -year CIP program and additional appropriations for FY 2016-17. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 13. PURCHASE AGREEMENT AND LOAN DOCUMENTS BETWEEN THE CITY OF BALDWIN PARK, RIO HONDO COMMUNITY DEVELOPMENT COMMISSION, CITY'S COMMUNITY HOUSING DEVELOPMENT ORGANIZATION'S (CHDO'S) AND THE HOUSING SUCCESSOR AGENCY FOR THE PROPERTY LOCATED AT 4500 BRESEE AVENUE, BALDWIN PARK Staff recommends the City Council: 1. Approve the Loan Documents of $252,622 from the HOME Fund (Fund #221) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 2. Approve the Loan Documents of $157,338 (Equity Lien) from the Housing Successor Agency (Fund #890) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 3. Approve the purchase agreement with Rio Hondo CDC for the property located at 4500 Bresee Avenue for the purpose of creating a single family affordable housing rental unit. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to: 1. Approve the Loan Documents of $252,622 from the HOME Fund (Fund #221) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 2. Approve the Loan Documents of $157,338 (Equity Lien) from the Housing Successor Agency (Fund #890) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 3. Approve the purchase agreement with Rio Hondo CDC for the property located at 4500 Bresee Avenue for the purpose of creating a single family affordable housing rental unit. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. September 21, 2016 Page 13 of 20 CITY COUNCIL ACTING AS SUCCESSOR AGENCY CONSENT'CALE'NDAR 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. (Attachment 3 to the Staff Report.) A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to 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, AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL ACTING AS HOUSING SUCCESSOR AGENCY CONSENT CALENDAR All items listed are considered to be routine business by the Housing 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. This Re ort is Listed under Consent Calendar See Item #13 HAS -1 PURCHASE AGREEMENT AND LOAN DOCUMENTS BETWEEN THE CITY OF BALDWIN PARK, RIO HONDO COMMUNITY DEVELOPMENT COMMISSION, CITY'S COMMUNITY HOUSING DEVELOPMENT ORGANIZATION'S (CHDO'S) AND THE HOUSING SUCCESSOR AGENCY FOR THE PROPERTY LOCATED AT 4500 BRESEE AVENUE, BALDWIN PARK Staff recommends the City Council: 1) Approve the Loan Documents of $252,622 from the HOME Fund (Fund #221) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 2) Approve the Loan Documents of $157,338 (Equity Lien) from the Housing Successor Agency (Fund #890) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 3) Approve the purchase agreement with Rio Hondo CDC for the property located at 4500 Bresee Avenue for the purpose of creating a single family affordable housing rental unit. September 21, 2016 Page 14 of 20 A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to: 1) Approve the Loan Documents of $252,622 from the HOME Fund (Fund #221) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 2) Approve the Loan Documents of $157,338 (Equity Lien) from the Housing Successor Agency (Fund #890) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 3) Approve the purchase agreement with Rio Hondo CDC for the property located at 4500 Bresee Avenue for the purpose of creating a single family affordable housing rental unit. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING None. REPORTS OF OFFICERS 14. SIX MONTH UPDATE ON GRANT WRITING ACTIVITIES FROM CALIFORNIA CONSULTING, AND DEL SOL SOLUTIONS It is recommended that the City Council provide staff direction. Steve Samuelion, California Consulting, noted that monthly activity reports are being submitted to the Chief Executive Officer; expressed appreciation to Council for approving the resolution to move forward with the grant application prepared by California Consultants; Associate David Marquez noted that City staff is very pleasant and helpful when preparing grant applications. Council Member Baca asked as to whether a presentation would be made by Del Sol at this evening's meeting, to which CEO Yauchzee responded by notifying Council that Mr. Solano was not able to attend due to a family emergency. Council Member Baca asked that invoice payments be held until Del Sol has come before Council to provide a report; noted that Council has not received any information as to what Del Sol has been working on. Council Member Baca made a motion to hold all payments to Del Sol until a report can be provided to Council to illustrate the work performed, providing a deadline of October 5, 2016, for response. Mayor Lozano seconded the motion. Council Member Rubio pointed out that the matter of Grant Writing Consultants had become a very serious issue and, once again, Mr. Solano has failed to attend Council meetings to respond to questions, has failed to provide requested reports September 21, 2016 Page 15 of 20 and has failed to be accountable to project expectations. Council Member Rubio went on to suggest that the grant writing contract with Del Sol be terminated and that California Consultants be commissioned to prepare all grant applications for a nominal contract price increase as discussed at a previous Council meeting. Council Member Pacheco inquired as to whether grant writing can be done exclusively in-house, to which Director Carrillo responded saying that some applications are complex and require the assistance of an outside consultant. Council Member Rubio made a substitute motion to move forward with terminating the contract with Del Sol and amend the contract with California Consultants to include grant writing for all City departments. Council Member Pacheco seconded the motion. City Attorney Robert Tafoya noted that his office will review the document to insure that termination of the agreement without cause it permitted and that no other action would be necessary. A substitute motion was made by Council Member Rubio to terminate the contract with Del Sol, contingent upon the City Attorney's review of the contract to insure there is no breach, and amending the contract with California Consultants to expand the scope of work to include grant writing services for all City departments. Council Member Pacheco seconded the motion. Mayor Lozano called for the vote and, seeing no objections, the motion passed (5-0). AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 15. PARLIAMENTARY PROCEDURE RULES TO BE CONSIDERED BY THE CITY COUNCIL Staff recommends that the City Council select form one of the following options: 1) Adopt Robert's Rules of Order as the official parliamentary procedures for all City Council meetings; 2) Adopt Rosenberg's Rules of Order as the official parliamentary procedures for all City Council meetings; 3) Direct the City Attorney to look for additional rules or draft a set of rules to use as the official parliamentary procedure rules for the City of Baldwin Park. A motion was made by Mayor Lozano to bring this item back because he had additional questions. Mayor Pro Tem Garcia seconded the motion, however, Council Members Baca and Rubio expressed objection. Council Member Rubio pointed out that the Robert's Rules of Order have been September 21, 2016 Page 16 of 20 referred to and informally used at previous meetings; asked that Council adopt the Robert's Rules of Order. Mayor Lozano noted that he still has questions regarding the options and would prefer to bring the item back after those questions have been addressed. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to bring this item back following satisfactory answers to Council questions. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request for Consideration by Councilmember Cruz Baca: • Councilmember Baca would like to have Council discussion regarding the Greenleaf contract that was terminated, September 7, 2016 and find out what is outstanding money owed to City of Baldwin Park, BPPD, and Vendors who purchased permits, licenses, and paid fees for duration of contract. And how will we/they get paid. Council Member Baca expressed strong objection to comments made by Greenleaf, blaming City staff for the failure of the street market program, in contribution to an article run by the Pasadena Star; noted that she and Council Member Rubio both pointed out that the vendor's proposed start date for the street fair was too early in the year, the weather would not be comfortable, and the event would suffer for it; opined that the vendor is trying to place blame on City staff in order to escape paying the City monies owed and reimbursing those who had paid for permits to participate in the market; request that staff craft a letter to the vendor to object to the comments and for staff to research and see if there is any additional money owed to the City or to the subcontracted vendors. Council Member Rubio pointed out that the Greenleaf representative was in attendance at the meeting where Council Members had expressed reservations as to the success and he assured Council that he would make the event a success; also pointed out that Greenleaf had bounced several checks and inquired as to whether restitution had been collected on those checks. Council Member Baca further pointed out that Greenleaf requested that the street fair be moved Fridays so that the vendor could hold a similar event as a neighboring city. Following discussion, there was consensus of Council to direct staff to prepare correspondence in objection to the allegations and activities of Greenleaf, and to seek payment on outstanding invoices and checks that were returned for insufficient funds. September 21, 2016 Page 17 of 20 Request for Consideration by Council member Susan Rubio: • Council Member Rubio requests City Council discussion and consideration to explore a special meeting to update the City Council on completed task orders, to review phase study reports and to discuss future projects. Council Member Rubio noted that her request for this meeting would provide an opportunity to address and clarify many of the questions and miscommunications surrounding project task orders and phase studies, pointing out that these activities had significant impact on City projects. Council Member Rubio then made a motion to direct the CEO to arrange and schedule an acceptable date on which presentations and discussions can occur. Council Member Baca seconded the motion. Council Member Pacheco then made a substitute motion that would move forward with setting a date and time for an informational meeting but that it would only cover the phase study reports and not the tsk order, citing that the task orders are too complex and it would take a great deal of time to go through them. Mayor Lozano called for a second (supporting vote) to Council Member Pacheco's motion, however none was offered. Mayor Pro Tem Garcia then asked how long it [the process] would take to which Council Member Rubio responded, explaining the amount of time it takes is irrelevant since this is in the interest of the community and tax payers. Council Member Rubio then made a substitute motion, that Council take as much time as is needed to review all reports and documents, not just the phase studies; Council Member Baca seconded this motion. Mayor Lozano restated the motion, noting that it supersedes Council Member Pacheco's motion. Council Member Pacheco voiced objection to this new substitute motion. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Baca, Rubio Noes: Garcia, Pacheco Upon Mayor Pro Tem Garcia's no vote, she stated for the record "I do have time to review city business — what I don't have time for is political grandstanding." [The vote was not completed and discussion continued at this point.] Council Member Rubio responded to Mayor Pro Tem Garcia's comment expressing objection to the allegation and stating that the Council is obligated to insure city funds are being spent properly and for the benefit of the citizens and taxpayers of the community; pointed out that, because some council members have inferred that it takes too much time during regular meetings, she is suggesting that a separate meeting be held, the time of which would be set up at the convenience of council. September 21, 2016 Page 18 of 20 Mayor Pro Tem Garcia opined that she is not convinced that there is any ill intent or misappropriate; stated that she would agree to one one-hour meeting to do a preliminary evaluation and, if it turns out there is grounds to take it further, she would be willing to dedicate more of her time to the matter. Council Member Baca asserted that, as elected officials, it is the duty of Council to understand the business of the City; opined that there is no ill intentions by this action but is meant to serve as a protective action in favor of the City; asserted that understanding and having the ability to explain to the constituency is more important that the time spent in the meeting. Council Member Rubio pointed out that Council Members are not forced to stay at meetings but that the activity needs to be addressed; stated that the assertion that Council Member Rubio is somehow trying to prove corruption is completely false and that the length of any meeting is at Council's pleasure and not the decision of any one person. Mayor Pro Tem Garcia recanted her commitment to one hour of time because she does not feel there has been any demonstrated reason to suspect misconduct, unethical behavior or corruption; asserted that, after having the meeting, if evidence becomes apparent, she will review what was found and will then be willing to meet to investigate things further. Council Members Baca and Rubio continued discussion on the importance of reviewing and understanding the documents and associated work being performed; asserted that Mayor Pro Tem Garcia has the prerogative on attendance and the meeting is meant to develop an understanding, not gather ammunition for accusations. The discussion concluded with the City Attorney announcing the motion for clarification: "Council Member Rubio then made a substitute motion, that Council take as much time as is needed to review all reports and documents, not just the phase studies; Council Member Baca seconded this motion" and noted that this substitute motion superseded Council Member Pacheco's motion. The vote stood at two (2) in favor (Baca and Rubio) and two (2) against (Garcia and Pacheco), and the deciding vote would be that of Mayor Lozano. Mayor Lozano voted no and the motion failed 2-3. AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None. Council Member Rubio voiced her opinion by saying "I would like to state for the record how disappointed I am that we're not given that opportunity to look at these items that have been such a big part of why we're having these discussions and these disagreements, but I will also state for the record that it is so inappropriate from Mayor Pro Tem Monica Garcia to keep saying that it's the Susan Rubio and Cruz Baca show every time we question legitimate concerns. At this point, I feel like we're not given that opportunity or the respect as elected officials to ask the question." Council Member Rubio further called upon the Mayor to direct Mayor Pro Tem Garcia from making derogatory remarks about her and about Council Member Baca; stated that Mayor Lozano previously committed to deterring derogatory language and defend members of council, and that he is failing to do so by allowing these comments to continue. September 21, 2016 Page 19 of 20 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Pacheco, seconded by Lozano, and carried to adjourn the meeting at 10:02 p.m. ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: September 21, 2016 Page 20 of 20 ITEM NO. STAFF REPORT ORT //„i. ,. ,i ,iii//�l R „l/,/,�i, ,//,�r�„J,� ✓l////n i , ;. � HUB' or ' TO: Honorable Mayor and Members of the City Council THE FROM: Sam Gutierrez, Interim Director of Public Works S o►r'iL DATE: February 15, 2017 A d YY” ��"' SUBJECT: Approval of an MOU with the LACMTA to Receive Funds for Transit - Services SUMMARY The purpose of this report is to request that the City Council consider approving the Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to allow that the City of Baldwin Park receives $131,737 of Proposition "A" discretionary funds for providing the MTA with National Transit Database (NTD) information about Baldwin Park's Transit Services. FISCAL IMPACT This MOU will provide the City of Baldwin Park with an additional $131,737 to be used to offset the operations of the City's transit services. RECOMMENDATION It is recommended that the City Council approve the attached MOU with the Los Angeles County MTA and authorize the Mayor to execute said agreement. LEGAL REVIEW Due to the recurring and unchanging nature of this item additional legal review is not required BACKGROUND Since the Baldwin Park Transit services were implemented in 1997, staff has been voluntarily reporting NTD statistics regarding our service to MTA. These statistics include the annual costs, revenues, passengers and service provided for the system. MTA's use of the data results in an increase in Federal dollars to the Los Angeles County region based on the ridership of local transit systems including Baldwin Park. On September 26, 2001, the MTA Board of Directors approved a process for providing local operators with their share of the funds generated for the region. ATTACHMENTS Memorandum of Understanding with MTA 910000000PAIBLDPK16 PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR 2014 This Memorandum of Understanding (MOU) is entered into as of May 21, 2016 by and between Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of Baldwin Park (the "City"). WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency's reported data; and WHEREAS, at its June 17, 2015 meeting, LACMTA approved the Fiscal Year FY 2015- 16 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2013-14; and WHEREAS, the City has been a participant in LACMTA's Consolidated National Transit Database (NTD) Reporters Random Sampling Program for FY 2013-14 and has voluntarily submitted NTD data to the LACMTA for FY 2013-14 which successfully passed independent audit without findings; and WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2013-14 Report Year (the "Project"); and WHEREAS, on February 9, 2016, the Federal Transit Administration (FTA) published in the Federal Register the FY 2015-16 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project. NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures: ARTICLE 1. TERM 1.0 This Memorandum of Understanding ("MOU") will be in effect from July 1, 2015, through June 30, 2017 at which time all unused funds shall lapse. MOU 14 Agreement NTD Prop A 910000000PAEBLDPK16 ARTICLE 2. STANDARDS 2.0 To receive payment for the submittal of the FY 2013-14 NTD statistics, the City warrants that it: A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics; B. Prepared and submitted the FY 2013-14 ANNUAL NTD REPORT of the City's fixed -route and/or demand response transit service to the LACMTA on or before September 30, 2014; C. Allowed the LACMTA to assign an independent auditor to review the submitted FY 2013-14 NTD statistics for conformity in all material respects with the accounting requirements of the FTA as set forth in its applicable Uniform System of Accounts. ARTICLE 3. PAYMENT OF FUNDS TO CITY 3.0 LACMTA shall pay the City for collecting and reporting FY 2013-14 NTD statistics. LACMTA shall pay the City for submitting the FY 2013-14 ANNUAL NTD REPORT for the applicable transit services as follows: MOTORBUS SER"VICE �..�...._� For City's motor bus service, L CMTA shall pay an amount equal to the 276,362 ryeverwe vehicle miles re,l oared by the City multiplied by the, FTA ,trrai.t value of $.4204547 per revenue vehicle mile, plus the 557,955 passenger miles reported, by the City squared,, divided by the $1,062,390 operating cost reported l)y tfie City, multiplied by the F`.rA gait value of $.0100494 less the cost of the $6,2:96 in audits paid by LACMTA. See Attachment A for detail. DIAL -A -RIDE SERVICE For City's dial -a -ride service, LACMTA shall pay an amount equal to the 47,114 revenue vehicle miles reported by the City multiplied by the FTA unit value of $.4204547 per revenue vehicle mile, plus the 55,254 passenger miles reported by the City squared., divided by the $229,037 operating cost reported by fbe City, multiplied by the F,rA unit value of $.0100494 less tlae cost of die $1,054 in audits paid by LACMTA. See Attacbment A for detail. 3.1 The City shall submit one invoice to LACMTA prior to December 31, 2017, in the amount of $131,737 in order to receive its payment described above. MOU 14 Agreement NTD Prop A 910000000PAIBLDPKI6 3.2 LNLV0II� '.. I. Y' �cl ' jyaz�c a,ll sc ntation to Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 accountspayable@metro.net Re: LACMTA MOU# 910000000PAIBLDPK16 M.S. Susan Richan (99-4-4) ARTICLE 4. CONDITIONS 4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics. 4.1 The City understands and agrees that I.ACM:". A sli.Al have no liability in connection with the Ciiy's use of the finds, The City shall indernnif , defend, and bold liar nl ss LACMTA and its officers, agents, and employees ftorn, and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU. 4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise. 4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board. 4.4 These expenditures will be subject to AUDIT as part of LACMTA's annual Consolidated Audit. ARTICLE 5. REMEDIES 5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA. ARTICLE 6. MISCELLANEOUS 6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein. MOU 14 Agreement NTD Prop A 910000000PA1BLDPKI6 6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority. ARTICLE 7. CONTACT INFORMATION 7.0 LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Susan Richan (99-4-4) 7.1 City's Address: Baldwin Park 14403 E. Pacific Ave. Baldwin Park,CA 91706 Attn: David Lopez dlopez@baldwinpark.com 4 MOU 14 Agreement NTD Prop A 910000000PAIBLDPK16 IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below: CITY: Los Angeles County Metropolitan Transportation Authority City of Baldwin Park By PHILLIP A. WASHINGTON Mayor/City Manager Chief Executive Officer Date:....Date:. __..._ APPROVED AS TO FORM: APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By..._ B Legal mCounsel " Date: Date: _ .......- 5 MOU 14 Agreement NTD Prop A Om snm Iqmmm W eo rl� "i C� Nlei r"L rl� q -i mmo cy� - Ili 'Ili III cli IQ On III On oa q Ili Oi It �q ;� V :� . . . 0 P m V m �2 - 0 � ;: v I V I �2 " I �; �? I v N VvwONN Woo mwmm M -WN 0 Do N ,I v �R v N I N N mom I. !,:.N ,�mo WN.N 0 mm — gid' 0 M N rmN 1, mmN0MNm� v. 0 0 - �2 1 - 0 � 1 �2 V 0 o 1 0 - - m - Z� I 1 0 �; � N 0 w m v� �Z 0 m N m N �3 I ' 0 - N Z: ��ew. No." M?g moNvo,.o an IQ - o. 11E R LQ - rl� qDaqqIl!l% _6.Rw - Gi _-DD N–o—o— o­oNw — No— w I_N_ Im — In N N In a w m I . In mN woo 9 m �2mN r momoN r cR r N NwN mor Do t9.... ....... NtltHe948 tf8 elm wm� m a N m w m O n m W r m m w a n r N n m w m o m m cW ..... N 1 1'2 N en 0..I.Wcm� N .;! . . 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M M M M M M M W M M M W M M M M M mb Of x M of M w M w Amb w M w M 0 W PAP, 0 w IL EL CL C5 It MO 'I ee t;' 0' n L) a 0 r 0 0 U r 00 – P P -E E'5�m ME L,us <M . 0 0 ; Q 0 0 0 = 3 a 0 z C, R Emu E E ITEM NO. sTAF " REPORT ,l TO: Honorable Mayor and City Councilmembers HUB OF � FROM: Shannon Yaucliree, Chief Executive Officer SAN res r L DATE: ebruary 15, X111.7 l+ VALLEY SUBJECT: APPROVAL OF HUMAN RESOURCES CONSULTANT "ED JAW5- SUMMARY CalPERS requires a Resolution to hire a retired PERS annuitant. Therefore the City Council must approve the Resolution to authorize the Chief Executive Officer to appoint a qualified individual to the position of Interim Human Resources Manager during the period of recruitment and training 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 Human Resources Manager 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 vacant Manager position. RECOMMENDATION 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. BACKGROUND Due to the departure of the appointed Interim Human Resources Manager in February of this year, and the unsuccessful recruitment for an experienced Human Resources Manager, and due to the high demands of this position, it is necessary to have additional help in Human Resources until such time as the permanent position can be recruited for and filled. 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 approve of Resolution No. 2017-170, the Chief Executive Officer and appoint an Interim Human Resources Manager with a contingency of working a limit of 960 hours per fiscal year 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 staff will continue operations without additional help. ATTACHMENTS #1 —Resolution No. 2017-170 #2 — Ca1PERS Retired Annuitant Letter Attachment # RESOLUTION NO. 2017-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE APPOINTMENT OF AN INTERIM HUMAN RESOURCES MANAGER 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 currently recruiting to fill the vacant Human Resources Manager position and an appointment is necessary in order for the City to effectively and efficiently assist with benefits inquiries, oversee continual and new recruitments, and manage personnel related topics that impact Staff; transition the new recruit, and WHEREAS, the selected Interim Human Resources Manager will have the necessary specialized expertise, prior human resources and risk management experience, and prior experience as a director or administrator with a municipality. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Authorize the Chief Executive Officer to appoint a qualified individual, Andrea Cutler, to the position of Interim Human Resources Manager for the City of Baldwin Park beginning March 6, 2017, or as soon thereafter as practical, up to no later than February 28, 2018, working for a period 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 $47.40 to $63.52 per 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 15th day of February, 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. 2017-170 was duly approved and adopted at a regular meeting of the City Council on February 15, 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS; ABSTAIN: COUNCILMEMBERS: Alejandra Avila, City Clerk Attachment #2 CaIPERS Retired Annuitant Letter March 1, 2016 To: Andrea Cutler From: Shannon Yauchzee, CEO RE: TEMPORARY RETIRED ANNUITANT — INTERIM HUMAN RESOURCES MANAGER 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 HR Manager, to commence on March 6, 2017, or as soon thereafter as practical, and shall terminate on or before February 28, 2018, depending on organizational needs. At no time will your hours exceed 960 hours in any single fiscal year. Your hourly rate range will $47.40 to $63.52 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 h W://www.calpers.ca gov. 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 March 1, 2017. Reviewed and Acknowledged: Andrea Cutler Signature Date CC: Personnel File and Employee S"T"AFF REPORT o' UB OF THE SAID CABRIEL � VALLEY ' TO: FROM: DATE: Item No. a ✓% i/rIS G �9�, iqi i��u�.m, 9i mr��' i VIIIIIIII Iiiiiiiiipuup iu �°V m Ell Honorable Mayor and Members of the City Council Shannon Yauchzee, Chief Executive Officer Robert N. Tafoya, City Attorney February 15, 2017 SUBJECT: A RESOLUTION OF THE CITY OF BALDWIN PARK DECLARING ITSELF A SANCTUARY CITY SUMMARY ed Resolution declares the City of Baldwin Park as a Sanctuary City. A Sanctuary Cityt supports the idea that all persons should be treated with respect and protected regardless of their immigration status and that no City resources should be used in enforcing federal immigration laws which are in the exclusive authority of the federal government. FISCAL IMPACT There is no fiscal impact to the City if it adopts this Resolution. RECOMMENDATION Steall,rccominends lhat the City Council 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." BACKGROUND 196, e U.S. Congress passed two laws that prohibit state or local governments from restricting communication with the federal government regarding the immigration status of any individual: section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1644, and § 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IRRIRA), 8 U.S.0 § 1373. These laws were passed to authorize state and local law enforcement agencies to communicate with federal immigration authorities regarding the status and presence of unauthorized immigrants in their jurisdictions. While neither of these statutes mandates cooperation or sharing of information with federal immigration authorities, both do prohibit any restriction on information sharing between the federal government and state or local government entities or officials. By declaring itself a Sanctuary City, the City adopts a policy applying to all City departments prohibiting such departments, officers, employees or agents from inquiring into, maintaining or disclosing sensitive information about residents except to the extent necessary to provide the service in question or as required by law. Sensitive information includes information of a personal nature or about private attributes, such as status as a victim of domestic violence or sexual assault, status as a crime witness, sexual orientation, immigration status, disability status, or status as a recipient of public assistance. Furthermore, the City would adopt a policy affirming its commitment to preventing biased -based policing and disallowing the use of any City monies, facilities, property, equipment, or personnel, unless contractually obligated. Finally, the City would adopt a policy to encourage and guide officers in continuing to exercise discretion in determining whether to cite and release individuals or book them into a local detention facility or county jail based on the nature of the crime committed. Resolution No. 2017-171 Page 2 LEGAL REVIEW VIE The City Attorney has prepared this staff report and Resolution 2017-171. ALTEIINA IVI+ The City Council may choose any of the following: 1) Adopt the Resolution; 2) Reject the Resolution; or 3) Take no action. ATTAC IM""I.° 1. Resolution 2017-171 RESOLUTION NO. 2017-171 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 WHEREAS, The City of Baldwin Park has long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large immigrant population; WHEREAS, the City of Baldwin Park welcomes, honors and respects the contributions of all of its residents, regardless of their immigration status; WHEREAS, immigrants and their families in Baldwin Park contribute to the economic and social fabric of the City by establishing and patronizing businesses, participating in the arts and culture, and achieving significant educational accomplishments; WHEREAS, fostering a relationship of trust, respect, and open communication between City Officials and residents is essential to the City's mission of delivering efficient public services in partnership with our community, which ensures public safety, a prosperous economic environment, and opportunities for our youth and a high quality of life for residents; WHEREAS, the City of Baldwin Park desires to address the fears and concerns of its residents in relation to an individual's immigration status while at the same time being mindful that it must maintain positions on federal policy that do not affect the financial stability of the City of Baldwin Park in ways that are detrimental to the health and safety of its residents; WHEREAS, the City of Baldwin Park seeks to continue to foster trust between City Officials and residents to protect limited local resources, to encourage cooperation between residents and City officials, including law enforcement officers and employees, and to ensure public safety and due to process for all; WHEREAS, many cities and towns throughout the United have adopted resolutions, ordinances, policies, and practices to demonstrate their commitment to equal, respectful and dignified treatment of all people, regardless of their immigration status, and as result may be referred to as "Sanctuary Cities"; and NOW THEREFORE, the Baldwin Park City Council does hereby resolve as follows: Section 1. The City of Baldwin Park supports the concept of providing a sanctuary for all its residents, regardless of their immigration status. Resolution No. 2017-171 Page 2 Section 2. The City of Baldwin Park shall take all of the following actions: (1) Protect Sensitive Information: The City adopts a policy applying to all City departments prohibiting such departments, officers, employees or agents from inquiring into, maintaining or disclosing sensitive information about residents except to the extent necessary to provide the service in question or as required by law. Sensitive information includes information of a personal nature or about private attributes, such as status as a victim of domestic violence or sexual assault, status as a crime witness, sexual orientation, immigration status, disability status, or status as a recipient of public assistance. (2) Restrict Use of City Resources: The City of Baldwin Park adopts a policy affirming its commitment to preventing biased -based policing and disallowing the use of any City monies, facilities, property, equipment, or personnel, unless contractually obligated, for the following: (a) Immigration Enforcement, including but not limited to: Identifying, investigating, arresting, or detaining any person solely on the basis of a suspected violation of immigration law; Honoring any civil immigration detainer or request to detain or notify federal authorities about the releases of any individual for immigration purposes; and Providing federal authorities with non -publicly available information about any individual for immigration purposes. (b) Enforcement of any federal program requiring the registration of individuals on the basis of religious affiliation, national or ethnic origin. (3) Discretion in Policing: The City of Baldwin Park adopts a policy to encourage and guide officers in continuing to exercise discretion in determining whether to cite and release individuals or book them into a local detention facility or county jail based on the nature of the crime committed. (4) Training and Oversight: The City of Baldwin Park will ensure that the policies called for in this Resolution are disseminated and appropriate training is provided to all affected officers, employees and agents of the affected City. Section 5. Nothing in this Resolution shall be construed or implemented to conflict with any obligation imposed by federal law. Section 6. The Clerk of the Council shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Resolution No. 2017-171 Page 3 Section 7. This Resolution shall take effect immediately upon its adoption. Section 8. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. Approved and Adopted on the 15th day of February, 2017. MANUEL LOZANO MAYOR ATTEST; STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK ) I, ALEJANDRA AVILIA, City Clerk of the City of Baldwin Park, hereby certify that the foregoing Resolution was duly adopted and regularly approved and adopted by City Council of the City of Baldwin Park at a regular meeting of the City Council held on February 15, 2017 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILIA CITY CLERK ITEM NO. s,rA. ��,F w 4, OR r, TO: Honorable Mayor and Members of the City Council "HU or , ' rH r I/ FROM: Manuel Carrillo Jr., Director of Recreation & Community Services(," SA lEl DATE: February 15, 2017 axawa�, SUBJECT: 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. SUMMARY The purpose of this staff report is for the City Council 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 (HRP) Program Grant and adoption of Resolution No. 2017-167. FISCAL IMPACT There is no fiscal impact by this action at this time. RECOMMENDATION Staff recommends the City Council: 1) 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 2) Adopt Resolution No. 2017-167 Application to participate in the Housing Related Parks Program. LEGAL REVIEW The City Attorney has reviewed as to form. BACKGROUND On November 16, 2016 the Department of Housing and Community Development (Department) announced and released a Notice of Funding Availability (NOFA) for the 2016 funding round of the Housing Related Parks Program. The HRPP Program is an innovative program designed to reward local governments that approve housing for lower-income households and are in compliance with State housing element law with grant funds to create or rehabilitate parks and/or recreational facilities. Approximately $35 million is available for the 2016 funding cycle and it is anticipated this will be the final HRP Program NOFA. According to the 2016 NOFA it will award HRP Program funds to eligible jurisdictions on a per -bedroom basis for each residential unit affordable to very low- and low-income households permitted during the Designated Program Year (DPY) as defined below. In addition, units substantially rehabilitated, converted from market -rate to affordable (multifamily rental units only), and preserved with certificates of occupancy issued during the DPY are also eligible to receive funding provided they meet the requirements of paragraph (2) of subdivision (c) of Section 65583.1 of the Government Code. The base and bonus fund award amounts per bedroom are set forth in the Program Guidelines, Sections 105 and 106. Adopt Resolution No. 2017-167 February 18, 2017 Page 2 The HRPP grants were offered to local jurisdictions that approved housing complexes that were reserved for occupancy by lower income households during the period of January 1, 2010 through December 31, 2016. In addition, applicants submitted an application for prior funding cycles may apply for additional funding for DPY 2016 if there were additional eligible units that would have qualified but were not included in the previous funding round applications. The City met those minimum qualifications for Metro Village/ROEM and the Baldwin Park LLC. properties on Foster Avenue, and Idaho Street. Through these projects the City can receive funding of at least $75,000. Upon approval of the City's application the Department will confirm the award amount. Upon receipt of grant amount notification, a list of eligible projects will be presented at a City Council Meeting for consideration. ALTERNATIVES The alternative is not submit the grant application or adopt the Resolution No. 2017-167.. ATTACHMENT 1) Resolution No. 2017-167 RESOLUTION NO. 2017-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE APPLICATION FOR HOUSING RELATED PARKS PROGRAM GRANT WHEREAS, The State of California, Department of Housing and Community Development (the "Department') has issued a Notice of Funding Availability dated November 16, 2016 (NOFA), under its Housing -Related Parks (HRP) Program; and WHEREAS, the City of Baldwin Park (the "City") desires to apply for a HRP Program Grant and submit the 2010 through 2016 Program Year Application Package released by the Department for the HRP Program; and WHEREAS, the Department is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement; and NOW, THEREFORE, BE IT RESOLVED THAT THE BALDWIN PARK CITY COUNCIL DOES RESOLVE AS FOLLOWS: The City is hereby authorized and directed to apply for and submit to the Department the HRP Program Application Package released November 16, 2017 Program Year. If the application is approved, the City is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement), and any and all other documents required or deem necessary or appropriate to secure the HRP Program Grant from the Department, and all amendments thereto (collectively, the HRP Grant Documents") 2. The City shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset projects expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City hereby agrees to use the funds for eligible capital asset(s) in manner presented in the applications as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. 3. To the extent permitted by law, the Director of Recreation and Community Services is authorized to execute in the name of City the HRP Program Application Package and the Grant Documents as required by the Department for participation in the HRP Program. Resolution No. 2017-167 Page 2 Approved and Adopted on the 15th day of February, 2017. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK ) I, ALEJANDRA AVILIA, City Clerk of the City of Baldwin Park, hereby certify that the foregoing Resolution was duly adopted and regularly approved and adopted by City Council of the City of, Baldwin Park at a regular meeting of the City Council held on February 15, 2017 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILIA CITY CLERK STAFF REPORT TO: FROM DATE: ITEM NO. %=' Honorable Mayor and Members of the City Council Manuel Carrillo Jr., Director of Recreation & Community Services February 15, 2017 SUBJECT: AUTHORIZATION TO ADVERTISE THE REQUEST FOR PROPOSAL FOR PROFESSIONAL PYROTECHNIC SERVICES RELATED TO THE 4TH OF JULY FIREWORKS CELEBRATION SUMMARY The purpose of this report is to receive authorization from the City Council to advertise for Request For Proposals (RFP) for professional pyrotechnic services related to the 4th of July Fireworks Celebration. FISCAL IMPACT The funding source can be determined at a later date. The proposals shall not exceed $20,000. RECOMMENDATION Staff recommends the City Council: 1) To authorize the adve;rtiserneivi of the 1�egtlest for Proposal (RFP) for professional pyrotechnic service related to the 4th ()1°,lr,rly fireworks Celcbratioll, LEGAL REVIEW The City Attorney has reviewed the Request for Proposal (RFP) and approved it as to form. BACKGROUND The I)epartriierit of Recreation and Conu�nuiiity Services is seeking, a protessiotial pyrotechnic coinpany to perforin the 4"' of July Spectacular Pyrotechnic 'show, The companies' proposals will include an 18 -minute custom designed, synchronized and choreographed sky concert. The show will be electronically fired and include musical and narrative scores, a show director and will have a minimum of 2,000 -fired pieces. The proposals will include all the necessary permits, insurances and licensed pyrotechnic and sand free firing racks. In an attempt to increase the potential vendor pool, phone calls will be made to encourage vendors to participate, as well as letters will be mailed, emailed and faxed to professional pyrotechnic companies. Proposals will be due to the Department of Recreation & Community Services by March 16, 2017. Vendors must meet all tile requirements set forth by the City, comity, state and federal guidelines. The pyrotechri:ic show will be cot�i.ducted at Sierra Vista High School Atliletic Field. The 4th of July Spectacular event attracts over 6,000 spectators and is viewed as the official summer kick-off in the community. ALTERNATIVES 1) The City Council may elect not to host the event. ATTACHMENT 1) Request for Proposals (RFP) CITY OF BALDWIN PARK 4T" OF JULY SPECTACULAR 2017 REQUEST FOR PROPOSALS (RFP) The City of Baldwin Park (City) conducts an annual 4ta'of July Fireworks show (Show) as part of its 4th of July Spectacular. The Show is held at the Sierra 'Vista High School. The campus is used throughout the 4th of July Celebration for various other activities and entertainment.. The City wishes to enter into a one-year contract for a professional show with at least the following pyrotechnic displays: The show must be at least approximately 18 minutes in length without breaks with appropriate patriotic music accompaniment. The contractor will not be responsible for the sound system although must provide the audible portion of the show. FIREWORKS SPECIFICATIONS: Base Bid 1. Duration of display - 18 -minute minimum. 2. Show will have a minimum of 2,000 -fired pieces. 3. Fireworks Bid not to exceed $20,000. 4. Fireworks ignition — electronic. 5. $5,000,000 single limit liability insurance naming the City, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees and volunteers additional insured. 6. Maximum shell size: 3". 7. Sand free firing racks. 8. No ground set pieces. 9. Music and voice narration CD provided. 10. Fall out zone to comply with National Fire Protection Association Code 1123, Los Angeles County Fire Department and any other government agencies. DELIVERABLES: Base Bid 1. Vendor and fireworks must arrive no later than 9:00 am, July 4, 2017 at Sierra Vista High School, 3600 Frazier Street, Baldwin Park, CA 91706. Fireworks show to start at 9:00 pm sharp. 2. Vendor must provide all safety equipment for themselves and their crew. (Ear plugs, hard hats, eye protection, gloves, long sleeve protective clothing, etc.). 3. Vendor must provide all supplies needed for set-up and show which include but are not limited to: hammers, racks, fuses, fire extinguishers, and anything needed to provide a successful show. PERMITS: 1. Vendor MUST obtain any and all permits or licenses required by law. Cost must be included in bid. 2. Vendor must obtain a business license permit from the City of Baldwin Park. The business license permit can be purchased at: City of Baldwin Park City Hall — 2nd Floor 14403 E. Pacific Avenue Baldwin Park, CA 91706 Business Hours — Monday - Thursday 7:30 am to 6:00 pm Phone- (626) 960-4011 Extension, 214 1 Vendor MUST abide by all rules and regulations imposed by law including National Fire Protection Association Code 1123 and California Code of Regulations, Title 19, Chapter 6 and the California Health & Safety Code 12500-12726. Please note the vendor will be responsible for all permit fees required by Los Angeles County Fire Department and any other Government Agencies. The City is to be informed of any additional fees. MEETINGS: 1. PRIOR to being awarded the contact, a representative must meet with City for a site inspection. 2. Meet with the City a minimum of two times prior to the event. Pyrotechnic shooter must be present to review site with City representatives one of these times. INSURANCE: 1. Provide insurance from a company authorized to do business in the State of California. 2. Must agree to hold harmless, indemnify and defend the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees and volunteers and as additionally insured. 3. Vendor shall obtain at its sole cost and file with the City of Baldwin Park, City Clerk's Office; a policy or policies of insurance or a certificate of insurance and Vendor must obtain a business license permit from the City of Baldwin Park: a. Naming the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, its officers, agents, employees and volunteers and as additionally insured. b. Provide that said policy or policies shall contain a clear cancellation and/or reschedule provision, as to the City's options in case of inclement weather or severe wind. C. Each policy of insurance must be issued by an insurance company, which is authorized to do business in the State of California. d. Insurance with the following limits. (1) Workers Compensation: Before beginning work, vendor shall supply proof of full workers compensation insurance for all persons to be employed directly in carrying out the work as specified in accordance with the laws of the State of California. (2) Comprehensive General Liability: (Bodily Injury and Property Damage) which shall include limits of at least $5 million single limit. PAYMENT: 50% to be due June 16, 2017 and balance due on July 14, 2017. PROPOSALS: Proposals must be submitted as follows: 1. Description of the proposed show indicating size and type of devise planned. 2. Contractor qualifications including required licenses (and expiration date) and references of other local municipalities served (minimum of three). 3. Proposed staffing with descriptions of experience and qualifications with Name and Contact numbers. 4. Proof of insurance or insurability. 5. Assurances that the proposal will comply with each of the requirements. 6. Quote for year, if the City chooses to extend the contract for one year. 7. Assurances as to quality of show and customer satisfaction. Please submit (2) two copies of your proposals by Thursday, March 16, 2017 at 10:00 am to: City of Baldwin Park Department of Recreation & Community Services 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 Attention: Manuel Carrillo Jr. Proposals will be opened in public at the above address on Thursday, March 16, 2017 at 10:00 am. Proposals will be evaluated first on compliance with the requirements established in this request for proposal, safety record, training, and price. The City of Baldwin Park reserves the right to reject any and all bids for any reason. Any questions regarding this request for proposals, please contact Manuel Carrillo Jr., Director of Recreation & Community Services, at (626) 813-5245, Ext. 314 or electronically at Mcarrillop_balwinpark.com. ITEM NO. SrrA F REPORT TO: Honorable Mayor and Members of the City Council 1, U8 of 4 TI4E FROM: Shannon Yauchzee, Chief Officer Executive SAN GAB I L V DATE: February 15, 2017 VALLEY s"" 01 SUBJECT: 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 COUNTYWIDE TRANSACTIONS AND USE (SALES) TAX TO PREVENT AND COMBAT HOMELESSNESS TO BE HELD IN THE COUNTY OF LOS ANGELES AND CONSOLIDATING THE SPECIAL TAX ELECTION WITH OTHER ELECTIONS TO BE HELD ON MARCH 7,2017." SUMMARY The purpose of this staff report is for the City Council to 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 to of a special tax election on a Countywide transactions and use (sales) tax to prevent and combat homelessness to be held in the County of Los Angeles and consolidating the special tax election with other elections to be held." FISCAL IMPACT There is no fiscal impact by this action at this time. RECOMMENDATION Staff recommends the Council 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 to of a special tax election on a Countywide transactions and use (sales) tax to prevent and combat homelessness to be held in the County of Los Angeles and consolidating the special tax election with other elections to be held on March 7, 2017." LEGAL REVIEW The City Attorney has reviewed and approved it as to form, BACKGROUND On August 17, 2015, the Los Angeles County (County) Board of Supervisors (Board) launched the Homeless Initiative to combat the homeless crisis that pervades its communities. The County Homeless Initiative conducted an inclusive and comprehensive planning process, including 18 policy summits on nine topics from October 1 to December 3, 2015, which brought together 25 County departments, 30 cities and other public agencies, and over 100 community partners and stakeholders. The Homeless Initiative generated a powerful set of 47 coordinated and integrated strategies divided into the following six areas, which are each key to combating homelessness: Prevent Homelessness, Subsidize Housing, Increase Income, Provide Case Management and Services, Create a Coordinated System; and Increase Affordable/Homeless Housing. Resolution No. 2017-169 February 17, 2017 Page 2 On February 9, 2016, after hearing the testimony of elected officials and representatives of over fourteen cities from throughout the County who pledged their support and commitment to working collaboratively with the County, the Board adopted the Chief Executive Officer's Homeless Initiative's 47 strategies (Strategies). The Board also approved new, one-time funding of $100 million to initiate the implementation of these strategies; however, the Board will soon need to replenish these one-time funds. The community-based organizations that participated in crafting the Strategies strongly advocated that the Board needed to secure additional, ongoing, annual funds to implement the Strategies in the years to come. The best budget projections make it very clear that current County resources are not sufficient to fund County -wide initiatives and services to combat homelessness on an ongoing basis at the levels required to address the current crisis within the County. The passage of Proposition HHH in November 2016 will allow the City of Los Angeles (City) to leverage resources and finance about 8,000-10,000 units of permanent supportive housing over the next 10 years. Furthermore, the State of California's "No Place Like Home" bond would also leverage resources and finance about 5,700 permanent supportive housing units over four funding cycles across all 88 cities and unincorporated areas of the County. Finally, in addition to other local, state and federal grant solicitations, the County's Community Development Commission also provides capital development funds for construction of permanent housing set aside for special needs and homeless populations. As a leader in the regional strategy to address homelessness, the Board is committed to securing annual, ongoing revenue to fund the essential support services that would complement these permanent supportive housing units and associated rental subsidies. To that end, on October 25, 2016, the Board unanimously approved a motion to craft the framework for a proposed Memorandum of Understanding that would facilitate a coordinated county -wide strategy on construction of permanent housing, allocation of rent subsidies and provision of supportive services. The County has diligently examined existing programs and reallocated funds to high -performing, effective programs that have shown the best outcomes. The County has also set aside General Funds to implement innovative programs, such as C3 street engagement teams, rapid rehousing and landlord incentive programs. The County has already taken steps through the Whole Person Care application to secure $90 million in federal funding for the next five years, a portion of which will help finance supportive service needs for homeless persons eligible for Medicaid. However, an ongoing revenue measure is critical if the County is to fully honor any long-term commitments to address the regional homeless crisis consistent with the strategies for combating homelessness developed through the Homeless Initiative adopted by the Board. The County is authorized to impose a retail transactions and use (sales) tax in the incorporated and unincorporated territory of the County to generate revenue dedicated to preventing and combating the homelessness crisis and to fund the County's Homeless Initiative Plan. In order to meet the urgent need of the people of this County to combat the homeless crisis, this Board must place a '/4 -cent special sales tax on the ballot at the next available election to be held on March 7, 2017. The Los Angeles County Board of Supervisors adopted the attached resolution calling and giving notice of the special election on a countywide sales tax measure, that will be levied for a period of ten (10) years, to generate ongoing revenue dedicated to preventing and combating the homeless crisis and to fund the County's Homeless Initiative Plan, to be held in Los Angeles County on March 7, 2017, and consolidating the Resolution No. 2017-169 February 17, 2017 Page 3 special election with other elections to be held on March 7, 2017. Therefore, a resolution has been prepared to seek the support of the City Council of the City of Baldwin Park to establishing a partnership with the County of Los Angeles in support of Measure H. ALTERNATIVES City Council may choose not to adopt Resolution No. 2017-169. ATTACHMENT 1) Resolution No. 2017-169. RESOLUTION NO. 2017-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF THE BOARD SUPERVISORS OF THE COUNTY OF LOS ANGELES CALLING AND GIVING NOTICE OF A SPECIAL TAX ELECTION ON A COUNTYWIDE TRANSACTIONS AND USE (SALES) TAX TO PREVENT AND COMBAT HOMELESSNESS TO BE HELD IN THE COUNTY OF LOS ANGELES AND CONSOLIDATING THE SPECIAL TAX ELECTION WITH OTHER ELECTIONS TO BE HELD ON MARCH 7, 2017 WHEREAS, the County of Los Angeles ("County") is facing a pervasive and deepening homeless crisis, which currently endangers the health and safety of tens of thousands of residents, including veterans, women, children, LGBTQ youth, persons with disabilities, and seniors; and WHEREAS, the tremendous scale of homelessness in the County threatens the economic stability of the region by burdening emergency medical services and the social services infrastructure; and WHEREAS, according to the 2016 Homeless Count released by the Los Angeles Homeless Services Authority (LAHSA), the number of homeless persons in the County on any given night is roughly 47,000, including over 6,000 parents and their children; and and WHEREAS, over 3,000 of the homeless in the County are veterans; and WHEREAS, since 2013, the number of homeless women has risen 55 percent; WHEREAS, the number of homeless persons living in encampments, tents and vehicles increased by a staggering 123 percent from 2013 to 2016, from 5,153 persons to 11,472; and WHEREAS, homelessness is also increasing in the suburbs of the County. The homeless population has grown by 35 percent in the San Fernando Valley from 2015 to Resolution No. 2017-169 Page 2 2016 , from 5,424 to 7,334, and in the South Bay, homelessness increased by 10 percent, from 5,351 to 5,913 during the same period; and WHEREAS, many homeless people are facing severe threats to their health and safety on a daily basis; recent research has demonstrated that homeless persons are 3 to 4 times more likely to die than members of the general population, and studies indicate that premature death most often results from acute and chronic medical conditions aggravated by homeless life; and WHEREAS, on August 17, 2015, the County Board of Supervisors launched the Homeless Initiative to combat the homeless crisis that pervades our communities; and WHEREAS, the County Chief Executive Officer's ("CEO") Homeless Initiative conducted an inclusive and comprehensive planning process, including 18 policy summits on nine topics from October 1 to December 3, 2015, which brought together 25 County departments, 30 cities and other public agencies, and over 100 community partners and stakeholders; and WHEREAS, the Homeless Initiative generated a powerful set of 47 coordinated and integrated strategies divided into the following six areas, which are each key to combating homelessness: • Prevent Homelessness; • Subsidize Housing; • Increase Income; • Provide Case Management and Services; • Create a Coordinated System; and • Increase Affordable/Homeless Housing; and WHEREAS, the recommended strategies of the Homeless Initiative reflect the following key principles: o Homelessness is an extraordinarily complex problem which necessitates active, sustained countywide collaboration amongst the County, cities and other public agencies, and a wide array of community partners; o The web of established collaborative relationships in Los Angeles County provides a very strong foundation for the implementation of these strategies; Resolution No. 2017-169 Page 3 o These recommended strategies must strengthen and build upon current County efforts by: Directing more resources to proven strategies; Integrating existing programs and services more effectively; Enabling cities to jo in the County in combating homelessness; and Identifying opportunities to leverage mainstream criminal justice , health, and social services; and WHEREAS, on February 9, 2016, after hearing the testimony of elected officials and representatives from over 14 cities from throughout the County who pledged their support and commitment to working collaboratively with the County, the Board of Supervisors adopted the CEO's Homeless Initiative strategies; and WHEREAS, for fiscal year 2016-17, the Board of Supervisors approved new, one-time funding of $100 million to initiate the implementation of the strategies developed by the Homeless initiative; however, this funding will not sustain the recommended strategies through 2017. The Board will soon need to replenish the $100 million dollars in one-time funds allocated to fund the Homeless initiative strategies. The community-based organizations that participated in crafting the Homeless Initiative strategies strongly advocated that the Board of Supervisors needed to secure additional, ongoing, annual funds to implement the Homeless Initiative strategies in the years to come; and WHEREAS, the best budget projections make it very clear that current County resources are not sufficient to fund countywide initiatives and services to combat homelessness on an ongoing basis at the levels required to address the current crisis within Los Angeles County; and WHEREAS, this past winter, both the County and the City of Los Angeles declared local states of emergency as it relates to the lack of shelter for homeless persons within the County and the City; and WHEREAS, the Board of Supervisors unanimously voted to seek a statewide declaration of emergency for the State's homeless crisis. The County's petition to get the Governor to declare a state of emergency on homelessness has garnered over 27,000 signatures. The State Assembly overwhelmingly passed a resolution urging the Resolution No. 2017-169 Page 4 Governor to declare a state of emergency for homelessness. The City of Los Angeles, City and County of San Francisco, and the City of Santa Rosa have also passed similar resolutions urging the Governor to declare a state of emergency for homelessness; and WHEREAS, thirty-two members of Congress have signed a joint letter urging the Governor to augment annual funding to address the homeless crisis and Congress members Hahn, Napolitano, Sanchez, and Lowenthal have all also urged the Governor to declare a state of emergency for homelessness. The Governor has refused, however, to declare such an emergency, and therefore, local governments, like the County, must take immediate action to address the homeless crisis in their own jurisdictions; and WHEREAS, the passage of Proposition HHH in November 2016 will allow the City of Los Angeles to leverage resources and finance about 8,000-10,000 units of permanent supportive housing over the next 10 years. Furthermore, the State of California's "No Place Like Home" bond would also leverage resources and finance about 5,700 permanent supportive housing units over four funding cycles across all 88 cities and unincorporated areas of the County. Finally, in addition to other local, state and federal grant solicitations, the County's Community Development Commission (CDC) also provides capital development funds for construction of permanent housing set aside for special needs and homeless populations. As a strong partner in the regional strategy to address homelessness, the Board of Supervisors is committed to securing annual, ongoing revenue to fund the essential support services that would complement these permanent supportive housing units and associated rental subsidies. To that end, on October 25, 2016, the Board of Supervisors unanimously approved a motion to craft the framework for a proposed Memorandum of Understanding that would facilitate a coordinated countywide strategy on construction of permanent housing, allocation of rent subsidies and provision of supportive services. To ensure the success of these permanent supportive housing units, and to fully implement the Homeless Initiative and other promising practices, the County has an urgent need to provide prevention, crisis, and support services, including healthcare, mental health services, and substance abuse treatment for homeless children, families, foster youth, seniors, battered women, disabled individuals, veterans, and other homeless adults; and WHEREAS, LAHSA has estimated that $450 million a year (not counting construction costs) in services funding is required to make serious strides to address homelessness across the County. LAHSA calculates that over 15,000 units of permanent supportive housing are needed to aid persons who are living with disabilities Resolution No. 2017-169 Page 5 and have had long durations of homelessness; the $450 million estimate includes supportive services and rental subsidies for these proposed permanent supportive housing units; and WHEREAS, while the key to ending homelessness is linking individuals and families to permanent housing, not all persons experiencing homelessness need permanent supportive housing. Many families and individuals can be linked to permanent housing and services through rapid rehousing programs. Additionally, the County's Homeless Initiative is implementing prevention, outreach, employment and bridge housing and other critical strategies that will need to be sustained and expanded in the coming years; and WHEREAS, the County has diligently examined existing programs and reallocated funds to high -performing, effective programs that have shown the best outcomes. The County has also set aside general fund money to implement innovative programs, such as C3 street engagement teams, rapid rehousing and landlord incentive programs. The County has already taken steps through the Whole Person Care application to secure $90 million in federal funding for the next five years, a portion of which will help finance supportive service needs for homeless persons eligible for Medicaid. However, an ongoing revenue measure is critical if the County is to fully honor any long-term commitments to address the regional homeless crisis consistent with the strategies for combating homelessness developed through the Homeless Initiative adopted by the Board of Supervisors; and WHEREAS, pursuant to Parts 1.6 and 1.7 of Division 2 of the Revenue and Taxation Code, the County is authorized to impose a retail transactions and use tax at a rate of 0.125% (or any multiple thereof) in the incorporated and unincorporated territory of the County to generate revenue for specific purposes ("special sales tax"); and WHEREAS, pursuant to Article XIII C, section 2(d) of the Constitution, and California Revenue and Taxation Code section 7285.5, a special sales tax is subject to approval by a two-thirds vote of the Board of Supervisors and by a two-thirds vote of the qualified voters voting in an election on the issue; and WHEREAS, pursuant Government Code section 53724(d), an election for the approval of a special tax may be held at any election date otherwise permitted by law; and WHEREAS, the County desires to impose a special retail sales tax at a rate of Resolution No. 2017-169 Page 6 one-quarter percent (0.25%) on the sale of tangible personal property and the storage, use, or other consumption of such property to generate revenue for the specific purpose of preventing and combating homelessness in Los Angeles County; and WHEREAS, the Board of Supervisors deems it necessary and essential to submit the question of the special sales tax to the qualified voters within the County at the regular election to be held on March 7, 2017, and to consolidate such election with the other elections to be held on that date; and WHEREAS, the City Council of the City of Baldwin Park wishes to support the Ballot Measure and the special sales tax is to generate ongoing funding to prevent and combat homelessness within Los Angeles County, including funding mental health, substance abuse treatment, health care, education, job training, rental subsidies, emergency and affordable housing, transportation, outreach, prevention, and supportive services for homeless children, families, foster youth, veterans, battered women, seniors, disabled individuals, and other homeless adults, consistent with the strategies developed through the Homeless Initiative adopted by the Board of Supervisors, and as otherwise directed by the Board to address the causes and effects of homelessness, as further described in the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BALDWIN PARK THAT: City Council hereby Endorses and Supports the Board of Supervisors of Los Angeles County 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 and Consolidating the Special Tax Election with Other Elections to be held on March 7, 2017. Approved and adopted the 15th day of February, 2017.. Resolution No. 2017-169 Page 7 I, the undersigned, hereby certify that the foregoing Resolution Number 2017-169 was duly adopted by the City Council following a roll call vote: MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2017-169 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on February 15, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK STAFF REPORT' TO: "rl, FROM: (,��S iu of rose DATE: or SUBJECT: ALLY Item No. Honorable Mayor and Members of the City Council Shannon Yauchzee, Chief Officer Executive February 15, 2017 A RESOLUTION OF THE CITY OF BALDWIN PARK IN SUPPORT OF THE SAFE AND RESPONSIBLE DRIVER ACT SUMMARY In 2013 the state legislature enacted AB 60: The Safe and Responsible Driver Act. Effective January 1, 2015, the Act aimed to make our roads safer by providing the opportunity for all residents, regardless of immigration status, to obtain a driver's license that was economically fair and accessible to everyone. FISCAL IMPACT There is no fiscal impact to the City if it adopts this Resolution. RECOMMENDATION Staff recommends that the City Council adopt the 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." BACKGROUND In 2013 the state legislature enacted AB 60: The Safe and Responsible Driver Act. Effective January 1, 2015, the Act aimed to make our roads safer by providing the opportunity for all residents, regardless of immigration status, to obtain a driver's license that was economically fair and accessible to everyone. A California State issued Driver's License is the best method to ensure that Baldwin Park drivers and all state residents know the rules of the road and are properly trained. This Resolution would provide that the City Council of the City of Baldwin Park extends its continuing support for application and enforcement AB 60: The Safe and Responsible Driver Act within the City of Baldwin Park and throughout the state to insure that all California drivers are properly licensed and operating lawfully under the laws of the State of California. LEGAL REVIEW The City Attorney has prepared this staff report and Resolution 2017-172. ALTERNATIVES The City Council may choose any of the following: 1) Adopt the Resolution; 2) Reject the Resolution; or 3) Take no action. ATTACHMENTS Resolution 2017-172 RESOLUTION NO. 2017-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING CITY COUNCIL SUPPORT OF THE SAFE AND RESPONSIBLE DRIVER ACT WHEREAS, the City Council of the City of Baldwin Park is committed to providing the best quality of life possible for all its residents; and WHEREAS, according to a report by the AAA Foundation for Traffic Safety, car crashes rank among the leading causes of death in the United States. Previous studies done by the foundation have found that approximately one in five fatal crashes in the United States involve an unlicensed driver; and WHEREAS, every resident of the City of Baldwin Park has a stake in ensuring that our highways and roads are safe; and WHEREAS, a California State issued Driver's License is the best method to ensure that Baldwin Park drivers and all state residents know the rules of the road and are properly trained; and WHEREAS, it is in the best interest of the City of Baldwin Park to ensure that all residents who are driving on the City's roads are properly trained and have valid insurance; and WHEREAS in 2013 the state legislature enacted AB 60: The Safe and Responsible Driver Act. Effective January 1, 2015, the Act aimed to make our roads safer by providing the opportunity for all residents, regardless of immigration status, to obtain a driver's license that was economically fair and accessible to everyone. AB 60 further provided for a form of identification that did not put people at risk of detention and deportation and respected the confidentiality of personal information. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Baldwin Park extends its continuing support for application and enforcement AB 60: The Safe and Responsible Driver Act within the City of Baldwin Park and throughout the Resolution No. 2017-172 Page 2 state to insure that all California drivers are properly licensed and operating lawfully under the laws of the State of California. PASSED AND APPROVED this day of _......_...., 2017. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on the day of .. __ , 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK STAFF R FPO T �zv TO: FROM: DATE: Item No �/i��JG` /� � ..�I uuuuuuuuuuuuuuuuum Honorable Mayor and Members of the City Council Shannon Yauchzee, Chief Officer Executive February 15, 2017 SUBJECT: A RESOLUTION OF THE CITY OF BALDWIN PARK URGING PROTECTION OF "DREAMERS" FROM DEPORTATION SUMMARY This Resolution urges the President to continue President Obama's Deferred Action for Childhood Arrivals program (DACA), which grants "Dreamers" — people who were brought into the country as children by their parents — a temporary reprieve from deportation. FISCAL IMPACT There is no fiscal impact to the City if it adopts this Resolution. RECOMMENDATION Staff recommends that the City Council adopt the 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 ARRIVAI,,S (DACA) PROGRAM AND THE PROMISE OF A FUTURE FOR ALL RESIDENTS, REGARDLESS OF IMMIGRAION STATUS." BACKGROUND This Resolution acknowledges that immigrants are vital to many of California's industries such as technology, healthcare, agriculture, construction, hospitality, and domestic services. Immigrants also represent a large percentage of California's new small business owners and create economic prosperity and needed jobs for everyone. The Institute on Taxation and Economic Policy has reported that undocumented immigrants in California paid $2.2 billion in state and local taxes in 2010, including $1.8 billion in sales taxes, $152.1 million in state income taxes, and $302.8 million in property taxes. Furthermore, this Resolution urges President Trump to continue President Obama's Deferred Action for Childhood Arrivals program (DACA), which grants "Dreamers" — people who were brought into the country as children by their parents � a temporary reprieve from deportation. Nearly one third of the nation's 742,000 Dreamers live in California where they have earned college degrees and found employment. LEGAL REVIEW The City Attorney has prepared this staff report and Resolution 2017-173 ALTERNATIVES The City Council may choose any of the following: 1) Adopt the Resolution; 2) Reject the Resolution; or 3) Take no action. ATTACHMENTS Resolution 2017-173 RESOLUTION NO. 2017-173 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 WHEREAS, the United States was founded on the principles of freedom and opportunity, a refuge for the oppressed, the persecuted, and those looking for a better life; and WHEREAS, immigrants have always played an integral part in American history; and WHEREAS, America's infrastructure and economic viability in its formative years depended largely on the energy of immigrant laborers and immigrants continue today to add to America's productivity, as well as its culture and economic standing in the world; and WHEREAS, the contributions of immigrants to the United States prompted former President Lyndon B. Johnson to say: "The land flourished because it was fed from so many sources- because it was nourished by so many cultures and traditions and peoples"; and WHEREAS, despite their undisputed contributions, immigrants continue to be vilified by some segments of our society as well as some politicians who seek to forward their ambitions through divisive and misinformed rhetoric; and WHEREAS, having learned the painful lessons from history that racial and ethnic discrimination hurts our residents and undermines our prosperity, the City of Baldwin Park stands unified in rejecting the politics of hatred and exclusion; and WHEREAS, nowhere else in the nation has been more enriched by the contributions of immigrants than California, particularly Southern California, home to more foreign -born residents than anywhere else in the country; and WHEREAS, California's diversity is a great source of innovation and industry, making California one of the largest economies in the world and an economic engine for the United States; and WHEREAS, immigrants are vital to many of California's industries such as technology, healthcare, agriculture, construction, hospitality, and domestic services. Immigrants also represent a large percentage of California's new small business owners and create economic prosperity and needed jobs for everyone; and WHEREAS, approximately one tenth of California's work force is undocumented and contributes $130 billion annually to its gross domestic product; and WHEREAS, the Institute on Taxation and Economic Policy has reported that undocumented immigrants in California paid $2.2 billion in state and local taxes in 2010, including $1.8 billion in sales taxes, $152.1 million in state income taxes, and $302.8 million in property taxes; and WHEREAS, contrary to California's continued push for thoughtful federal immigration reform, the President has announced that he will order the increased deportation of undocumented immigrants and that doing so will be a top priority. NOW, THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Baldwin Park as follows 1. That the Council condemns in the strongest terms bigoted, racist, or misinformed descriptions of the immigrant community that serve only to foment hatred and violence; 2. That the Council supports a comprehensive and workable approach to solving our nation's historically broken immigration system; and be it further 3. That the Council implores the President and Congress to develop rational immigration policies that recognize the contributions of immigrants to the nation, protects the economy, and are just and humane to immigrant families and children; and be it further 4. That the Council urges the President not to pursue mass deportation strategies that needlessly tear families apart or target immigrants for deportation based on vague and unjustified criteria; and be it further 5. That the Council implores the President to reject any expansion of the "expedited removal" process that operates without administrative oversight and robs individuals of due process; 6. That the Council urges the President to continue President Obama's Deferred Action for Childhood Arrivals program (DACA), which grants "Dreamers" — people who were brought into the country as children by their parents — a temporary reprieve from deportation. Nearly one third of the nation's 742,000 Dreamers live in California where they have earned college degrees and found employment. California needs college-educated young men and women to fuel our economy and cannot afford to lose our Dreamers to deportation; 7. This resolution shall become effective immediately upon its approval, 8. The City Clerk shall certify as to the adoption of this City Council Resolution, PASSED, APPROVED, AND ADOPTED this day of , 2017. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2017-173 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on the day of _ .....W®.......... , 2017 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK STAFF REPORT TO: 1„l.t,4� FROM: HUS of ^� T HE DATE: SAN GAMEL SUBJECT: c" VALLEY JANO W� Item No, ax m Honorable Mayor and Members of the City Council Shannon Yauchzee, Chief Officer Executive February 15, 2017 A RESOLUTION OF THE CITY OF BALDWIN PARK IN SUPPORT OF PLANNED PARENTHOOD SUMMARY This Resolution would offer the City's support for Planned Parenthood Los Angeles' healthcare professionals who offer safe, affordable and convenient health services for women at 20 health center locations and two Planned Parenthood Basics throughout LA County. FISCAL IMPACT There is no fiscal impact to the City if it adopts this Resolution. RECOMMENDATION Staff recommends that the City Council adopt the 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 WELLBEING." BACKGROUND Planned Parenthood Los Angeles provides health services to nearly 150,000 women, men and teens in Los Angeles County each year, 93% of whom come to Planned Parenthood for family planning services, and 77% of whom are at or below the federal poverty level. Planned Parenthood Los Angeles' healthcare professionals offer safe, affordable and convenient health services for women at 20 health center locations and two Planned Parenthood Basics throughout LA County, This Resolution would provide that the City Council of the City of Baldwin Park stands with Planned Parenthood and supports Planned Parenthood's mission to provide important health care services to families throughout Los Angeles. LEGAL REVIEW The City Attorney has prepared this staff report and Resolution 2017-174. ALTERNATIVES The City Council may choose any of the following: 1) Adopt the Resolution; 2) Reject the Resolution; or 3) Take no action. ATTACHMENTS Resolution 2017-174 RESOLUTION NO. 2017-174 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 WHEREAS, the City Council of the City of Baldwin Park is committed to providing the best quality of life possible for all its residents; and WHEREAS, Planned Parenthood Los Angeles is the largest provider of reproductive health care services in Los Angeles County; and WHEREAS, Planned Parenthood Los Angeles provides health services to nearly 150,000 women, men and teens in Los Angeles County each year, 93% of whom come to Planned Parenthood for family planning services, and 77% of whom are at or below the federal poverty level; and WHEREAS, Planned Parenthood Los Angeles' healthcare professionals offer safe, affordable and convenient health services for women at 20 health center locations and two Planned Parenthood Basics throughout LA County; and WHEREAS, Planned Parenthood Los Angeles's education and outreach programs deliver sexuality and family planning education to more than 78,500 teens, women and men each year, with programs including middle and high school responsible sexuality courses, parent-child communication programs, Promotoras Comunitarias (Latina community health educators), and teen education programs. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Baldwin Park stands with Planned Parenthood and supports Planned Parenthood's mission to provide important health care services to families throughout Los Angeles. PASSED AND APPROVED this day of ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK ) Resolution No. 2017-174 Page 2 .2017. MANUEL LOZANO MAYOR I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on the day of 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK ITEM NO. STAFF REPORT TO: Honorable Mayor and City Councilmembers 0,,,SANGABRIEL FROM: Robert N. Tafoya, City Attorney DATE: February 15, 2017 SUBJECT: CONSIDERATION OF EMPLOYMENT AGREEMENT WITH VALLEY 11 DAVID SALCEDO FOR THE POSITION OF CHIEF OF POLICE SUMMARY The attached agreement for Chief of Police with David Salcedo ("Agreement") is presented for consideration by the City Council. FISCAL IMPACT The annual salary can be absorbed by the current annual fiscal budget. RECOMMENDATION It is recommended that the City Council consider and discuss the Employment Agreement with David Salcedo for the Position of Chief of Police. BACKGROUND David Salcedo was appointed to the position of Chief of Police to serve at the pleasure of the City Council and that position will be formally ratified by approval of the attached Employment Agreement. The material terms of the Agreement such as salary and severance pay are left blank in the Agreement and are subject to City Council consideration and discussion. The City Attorney is prepared to take direction from the City Council concerning the material terms of the Agreement LEGAL REVIEW The City Attorney has reviewed the attached form Agreement. ALTERNATIVES The City Council may choose not to approve the attached Agreement or modify the terms thereof. ATTACHMENT Form Agreement AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Baldwin Park, a general law City (hereinafter "City") and David Salcedo (hereinafter "Employee"). Section 1. Duties a. City agrees to employ Employee as Chief of Police with the responsibility to perform all of the usual and customary duties of a California Chief of Police, including as more particularly set forth in the Baldwin Park Municipal Code and the Police Department Manual, as well as such other legally permissible and proper duties and functions the City Council may from time to time assign (collectively, the "Employment Duties"). b. Employee shall satisfactorily perform the Employment Duties with a high degree of professionalism and shall work the schedule needed to ensure accomplishment of that performance. Employee shall report directly to the City Council with respect to the Employment Duties and shall keep the City Council informed in a timely and reasonable manner. c. Employee shall perform other related and necessary duties as required by law and designated by the City Council. d. The City Council and Employee shall mutually establish performance goals and objectives to be met by the Employee for each year of this Agreement. Said objectives shall be established as part of the evaluation process. The City agrees to conduct a performance evaluation after one year from the date of this Agreement, and also upon each annual anniversary of this Agreement. C. Section 2. "c mp r on/Benefits a. Notwithstanding anything to the contrary in the presently effective City Salary Resolution, for satisfactory performance of all the Employment Duties, Employee's base annual salary shall be City's payment towards Health Insurance Plan and cell phone _ shall be paid directly to salary and shall be considered a part of annual base pay, Said amounts paid to salary (base annual pay), Health Insurance Plan and cell phone, shall not be reduced; however, and may be increased by agreement of the City and Employee. The base pay shall automatically increase annually (fiscal year) in an amount or equal to the Consumer Price Index as measured by the Los Angeles/Long Beach Index, whichever is higher. Employee's base annual salary may hereafter be modified, from time to time as approved by the parties by formal written amendment to this Agreement or by an amended Salary Resolution of City. Any such modification shall be based on the City Council's evaluation of Employee's performance, in consultation with the Chief Executive Officer. The evaluation shall be based on criteria determined by City in consultation with Employee. b. City shall provide to Employee all fringe benefits as are now, and as may hereafter be given to all department heads of City, as detailed in the attached "Executive Employee Benefit Matrix," with the exception that Employee shall receive and accrue upon execution of this Agreement, a banked three weeks of vacation [INCLUDE??????]. C. Salaries for Captains shall maintain the same difference as currently exists as of the execution of this Agreement. If Captains receive an increase in base pay then Employee shall receive the same increase in order to avoid compaction of salaries. INCLUDE??? d. If any part of this Agreement differs with the "Executive Employee Benefit Matrix," then the provisions of this Agreement shall govern and supersede the attached "Executive Employee Benefit Matrix." INCLUDE??? Section 3. No 1 erin.ol I'mrrent a. There is no term of employment under this agreement because Employee serves at the will of the City Council and is an "AT WILL" employee. Employee acknowledges that he is an "AT WILL" employee and can be terminated at any time for any reason or no reason at all. Employee shall serve at the pleasure of the City Council and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee for any reason, with or without cause, at any time, subject only to the provisions set forth in Subsection "b," below and Section 4 of this Agreement. b. Termination of this Agreement shall require a majority vote of the City Council. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from his position with City, by submitting written notice at least thirty (30) days prior to resignation. Section 4. everrNracc Iqty In the event the City Council terminates Employee's employment as Chief of Police pursuant to this Agreement, and if Employee is not otherwise in breach of the terms of this Agreement, City shall pay a lump sum cash payment equal to ..._(6) months aggregate base salary ("Severance Pay); provided, that City shall be relieved of its obligation to pay Severance Pay if Employee is terminated for malfeasance in carrying out the duties obligated under this Agreement, or if the Employee is convicted of any illegal act involving moral turpitude or personal gain. In addition, Section 5. General Provisions a. This Agreement shall constitute the entire agreement between the parties regarding Employee's employment as Chief of Police. b. This Agreement shall be effective as of the date of February 2017, the date of Employee's appointment as Chief of Police. Section 6. Terrllrn��l� on and Severance Pay a. In the event Employee is not in breach of this Agreement, and is terminated by the City Council for reasons other than malfeasance in office, the City shall pay Employee a severance payment equal to six (6) months of actual pay IF AND ONLY IF EMPLOYEE SIGNS A COMPLETE WAIVER INCLUDING, BUT NOT LIMITED TO A CIVIL CODE SECTION 1542 WAIVER, RELEASING THE CITY OF ALL LIABILITY TO EMPLOYEE. In the event Employee is terminated because of malfeasance in office, including, but not limited to, his PA conviction of any illegal act involving moral turpitude or personal gain to him, City shall have no obligation to provide any severance pay as described herein and may terminate Employee immediately without any severance pay. Section 7. General Provisions a. The text herein shall constitute the entire Agreement between the parties. b. This Agreement shall be effective as of , or such later date, as Employee shall have successfully completed a background check. C. This Agreement shall only be modified in writing signed by the Mayor of Baldwin Park. CITY OF BALDWIN PARK Mayor ATTEST: City Clerk EMPLOYEE David Salcedo .... ITEM NO. 14 . . .... . . . ......... . . .... ......... _.... FF �LE REPO�RT/ i��, i,, i/01,��,e, , . . . .......... TO:: _ HonorableMayorand City Councilmembers (HUB OF or FROM: Rose Tam, Finance Director THE'n' SAN�.DATE: February 15, 2017 V LILEy , ASUBJECT: FY 2016-17 MID -YEAR BUDGET PRESENTATION dr.(5 JChWb"" 13A 1���iTA/V;L/ The purpose of this report is to provide City Council with the mid -year budget performance and a projection for the remaining fiscal year. FISCAL IMPACT Based on projections, General Fund revenue will increase by $111,389 mainly due to the expected increase in property tax; expenditures will increase by $363,468. Thus, the General Fund expenditures will exceed revenue by $324,081. The Gas Tax Fund revenue will be reduced by $89,500 due to lower fuel prices. The Surface Transportation Program Fund will increase by $1,140,887 from a reimbursement for rail crossing improvement/quiet zones. The General Plan Fee Fund expects an increase of $118,000. The Housing Asset Fund received revenue totaling $363,829 which includes the sale of property for $202,074. RECOMMENDATION It is recommended that the City Council review the mid -year analysis and approve the mid -year revenue and expenditure projections for fiscal year ending June 30, 2017. LEGAL REVIEW None required. BACKGROUND A mid -year budget review is a tool that provides City Council and staff an opportunity to review the status of the current budget and determine if any mid -course adjustments are necessary. Additionally, the City's Fiscal Accountability Policy states that a mid -year budget review is to be prepared by staff and presented to the City Council. The mid -year budget report estimates the revenues, expenditures, and projected fund balances at June 30, 2017. Overview Since most of the City's operating services are provided through the General Fund, the focus of this report and the power point presentation will be on the General Fund. The General Fund represents about one-half of the City's total budget and is composed of revenues that are not restricted or committed as to how they can be used. Based on the fiscal year's financial activities and trends ended December 31, 2016 the General Fund expenditures are projected to exceed revenue by $324,081. Revenues Total General Fund revenues are projected to increase by $111,389. The Property Tax is expected to increase by $199,123. The Fines and Penalties will be off by $182,000 mainly due to decrease in revenue from vehicle code fines. The Use of Money and Property from facility rental are projected to be $30,000 less from the original budget. The projected increase of $53,092 from the Charges for Services are mainly from the increase FY 2016-17 Mid -Year Budget Presentation Page 2 in revenue from plan check fees, latch -key childcare; this also includes the $22,050 advertisement revenue received from the BP NOW which was not included in the original budget. The increase of $71,174 in the Miscellaneous category is largely due to the additional distribution from the Successor Agency (formerly RDA) property tax trust fund from the County. Expenditures The General Fund expenditures are projected to be $27,410,360 with an increase of $363,468. The primary increase is mostly due to legal services not related to the City Attorney billings which have been constant. These legal services include personnel, public record request, and litigation. It also includes the minor increase of $4,788 from Social Media Outlet project. Special Funds Most special funds are within their approved budgets. The Surface Transportation Program Fund will increase by $1,140,887 from a reimbursement for rail crossing improvement/quiet zones. The Fleet Services expenditure will increase by $50,000 mainly from auto servicing. We anticipate the revenue from the Gas Tax Fund to have a decrease of $89,500 due to lower fuel prices. There will be $80,000 increase in AQMD Fund revenue and Gas Tax Fund expenditures due to funding reallocation for the purchasing of two trucks. The General Plan Fee Fund expects an increase of $118,000 due to increased construction activities. Conclusion The Executive Team and City staff will continue to monitor and control expenditures and strive to seek additional revenue to achieve balanced budget. We will continue to provide assistance to the City Council as we work together towards a better future for the Citizens and Business Owners of Baldwin Park. We would like to thank the members of the Executive Team and the Finance Department staff members who assisted with the preparation of this mid -year budget. We would also like to thank the Mayor and Members of the City Council for their efforts and continued time commitment to the budget process. ALTERNATIVES ATTACHMENT 1. General Fund Performance Overview 2. Projected Revenue 3. Projected Expenditures 4. Projected Fund Balance Attachment # d u r� d 0 v C w E 0 a E 0 U C m i L d Q 0 C 0 U- L d V 00 CD CD co co .O c M " M r V'3 a et M O N O r M N ^ O O' O O 'COO M Go it CMO M to N iL aLti ce aY CD 0 CO + CD CO O cc to O > 7 C O C N N N m w Q d! O 0 Q 44 N V► VT O) OCS).. 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CO M LO (D m OQ m M (D N r- N N Q 3 C C Q C C CD O rn �p O O a H tm c .O U- R C-) j I,F- CD Q- C9 0 O O O` a_ U Cn CU N N cn N a C U_ N X ,, Nm C N U CL C _� U N cn =O U- C H (n L N Cv Cd ,cn d C CO Q N N �-� ._ Q C ' fin C C (U N d O (U C 2) U O EL EL f6 C/)Cl L O N Ll m U J C LL Cn 2 -c- U to a C 7 Ll C E U C co L LU C 7 E E O U O a C 7 LL C E 0- LL - L) LL - U O C Cl) N O a d f�6 N iE F- N O Z N C a) t v Q Attachment #3 IM 7 LL ami E U C CD L C a .0 E E O U 0 C LL C a) E 0- .2 N CDCD 0 LL a) 4:-: a) U C O c a) 0 a) Cn FL- 0 O Z L N O 00 00 ,,,,,, ccO M> 0o cc y co cc W M cc I � M 0 1 > C C00 U') m CO CMO r M M M d y y (L ts, LO C=) � v:0 ti) �cc cc� 0 C G U7 N LO N = U) N rr>OC O m > +y+ a o Q d Q u O v to a (D CD LO M CO N U7 r14 CO M U) Tr ` N co 00O O� cn O� O LO co c CO LO co O O N M T co _ 0 ti O O LO --ell'j 00 M O N N N Or- O v a` w LO Ln c0 14t d C M N N N N a CL tss W ocr�R�MU - y N m 'd CND N r- fsr r- CD is CD Fl -M M Lr LO 00 O 00 � CO C.0A cc r --O O 000 C ` O N LO O I` O O N r- LO I` O 00 O 00 00 CO C_ u W co O co T CO &= p O O M T M T R E is C. V OO CO N � CO t- O N W d D 00 '..... LO O f� L N O to d 7 CD 0 Or- M4 m U7 0 LO M M O O O 00 N_ N O) v ti N >3) -,t r -- 00 O -4' LC) T U.) CO O H 7 M O U7 N 00 m > N N N ,.. CD N P- N � C C ...CO ..tet C O N M f- CO O N N y m 000 O � N .6 00 0 a0 U') U') MO O O O N N N M y LO O 000 � O N 00 N .a Ci) co M 00 N LC) 06 U6 0 'et O N M O O LO 0 0 O O. m N N IZ CO A O '0 N N N C a C C a N t>9 U d w O C/) R C �%' r c C a) c O v o w 0 cc 0 c co m c U' U CT (D C O Q E N Y O a) O U O 0 C C O Ca N E a) N a) c Q N a- 0 - U U = CL0:� H 7 LL ami E U C CD L C a .0 E E O U 0 C LL C a) E 0- .2 N CDCD 0 LL a) 4:-: a) U C O c a) 0 a) Cn FL- 0 O Z L N a 00 f ccO M> O y co N_ >-tm 0 C C M LO O 0 d Co w N M (L ts, LO C=) �D cc 0 C G U7 N LO M O 2 7 > +y+ a o Q a to (D CD LO M CO N U7 r14 CO M U) Tr ` N co 00O O� cn O� O LO co c O 00 N -t c M N a` w tss CO ocr�R�MU - y N m 'd CND N r- m r- CD t00 CO �_. C Fl -M 00 C.0A O M T E C_ u W d D is OO CO N � CO t- O N d 00 '..... LO O f� L N O to d 7 CD 0 Or- M4 m 000 c 000 N O O v ti N f� O C C Q ...CO ..tet O N M f- CO O N N y m 000 O � N .6 00 0 CD C) '..... f-- Or- 00 I� CV -Ri d 7 O 000 000 N O O O N ' C a � C a N U O C/) C �%' r N E C a) cu 0 o 0 m 0 > m c U' U (D C O Q E N Y C m c O 0 OO Q U 0- c ii o Z = CL0:� a) Attachment #4 City of Baldwin Park Fiscal Year 2016-2017 Projected Fund Balance Projected 2017 2017 2017 2017 Projected Fund Balance Projected Projected Projected Projected Fund Balance Fund Fund Description06/30/2016 Revenues Transfers in Expenditures Transfers Out 06/30/2017 General Fund: 100 General Fund* 200 Future Development Fund" 210 Community Enhancement Fund** Subtotal - General Fund Internal Services Funds: 401 Information and Support Services 402 Fleet Services 403 Internal Insurance 404 Capital Equipment Subtotal - Internal Services Funds Sltp_cditIRasv(r tud)0yyllll;,; 205 Federal Asset Forfeiture 206 State Asset Forfeiture 207 [,coal Law Enforcement Block Grant 210 Community Enhancement Fund 220 Community Development Block Grant 221 H2OM.E (Home Investment Partnership Program) 222 CAL Home 223 Economic Development Act Revolving Loan 230 AS 1693 Business Improvement Fees 231 Air Quality Management 234 Park Fees (Quimby Act) 235 General Plan Fees 236 Public Art Fees 240 Gasoline Tax 241 Surface Transportation Program 242 "traffic Congestion Relief 243 Bicycle and Pedestrian Safety 244 Proposition A 245 Proposition C 246 AB939 Integrated Waste Management 247 Oil Recycling Grant 249 Storm Drains MPDS 250 Assessment District 251 Street Lighting and Landscape 252 Parks Maintenance Assessment District 253 Proposition A - Parks 254 Measure R Local Return 260 Summer Lunch Program 270 Grants Fund 271 Police Grants Fund 301 Building Reserve Subtotal Special Funds TOTAL GENERAL, INTERNAL SERV„ & SPECIAL FUNDS I it',rfirrc'dn � ey)17i fipy,l,ugrys.til+, 601 Debt Service 610 COP Lease Payment 625 Gas Tax Debt Service 630 Bond Issuance SGR Refi 635 BPFA/PM 2003 Tax Alloc 636 BPFA 1990 "tax Alloc 637 BPFA/CBD 1990 Refunding Loan 650 Pension Obligation Bond Subtotal Financing Authority Funds 21,813,131 27,086,279 0 26,564,548 845,812 21,489,050 7,651,129 20,000 0 446,796 0 7,224,333 0 . 366,400 ...._- 0 0 0 366,400 _ -_- $ 29,464,260 $ 27,472,679 $ $ 27,011,344 $ 845,812 $ 29,079,783 (177,901) 780,854 0 947,947 0 (344,994) (612,824) 1,079,120 0 1,266,035 0 (799,739) (247,655) 2,738,877 0 2,764,103 0 (272,881) 24t„799 0 4) 18,000 0 M3.799 -$-(7 96,581),IT$ 4.548,851 $ $ 5,016,085 �._. $ - $ (1,213,815). 246,085 182,000 0 14,289 0 413,796 152,717 53,600 0 0 0 206,317 14,606 100 0 0 0 14,706 0 366,400 0 0 0 366,400 (235,244) 1,750,359 0 1,343,473 406,457 (234,815) 232,363 1,014,853 0 1,014,639 0 232,577 16,086 360 0 0 0 16,446 516 0 0 0 0 516 309,868 65,800 0 202,070 0 173,598 250,457 97,900 80,000 255,114 0 173,243 328,218 696,980 0 361,000 0 664,198 832,940 232,200 0 279,650 0 785,490 243,251 240,594 0 0 0 483,845 2,025,211 1,608,500 0 2,637,308 480,511 515,892 680,757 1,142,387 0 1,822,638 0 506 213,232 10,000 0 158,289 0 64,943 3,550 50,665 0 140,000 0 (85,785) 297,845 1,452,178 0 1,389,282 0 360,741 2,721,534 1,176,949 0 2,205,546 0 1,692,937 23,173 327,700 0 319,604 0 31,269 52,820 22,000 0 20,000 0 54,820 8,050 91,328 0 81,800 0 17,578 374,837 12,430 0 0 0 387,267 (270,448) 1,788,000 0 1,592,353 0 (74,801) 0 717,086 145,204 843,393 0 18,897 37,240 64,360 0 133,750 0 (32,150) 2,173,833 880,747 0 1,981,651 0 1,072,929 0 168,000 21,578 189,955 0 (377) (220,685) 80,000 0 6,435,100 0 (6,575,785) 195,682 406,894 0 70,000 0 532,576 9,530 0 0 0 0 9,530 $ 10,718,024 $ 14,700,370 $ 246,782 $ 23,490,904 $ 886,968 $ 1,287,304 $ 39,385,703 $ 46,771,900 $ 246,782 $ 55,51&,33T 3 1,732,780 $ 29,153,272 34,420 34,150 406,457 406,457 0 68,570 1,625,760 0 679,030 679,030 0 1,625,760 7 50 400,511 400,511 0 57 0 0 0 0 0 0 564,145 0 0 0 0 564,145 475,762 0 0 0 0 475,762 (4,850) 0 0 0 0 (4,850) 277 1,833,028 0 1832,828 0 477 $ 2,695,521 11 1,867,228 $ 1,485,998 $ 3,318,826 $ $ 2,729,921 Attachment 4 City of Baldwin Park Fiscal Year 2016-2017 Projected Fund Balance 990 Low/Mod Income Housing TOTAL SUCCESSOR AGENCY FUNDS: louint,-AAomp!w.. 901 Housing Voucher Choice 905 Public Housing 910 CIAP Subtotal Housing Authority Funds COMBINED GRAND TOTAL - ALL FUNDS $ 8,663,773 $ 407,074 $ 368,150 $ - $ 8,702,697 $ 11,330,555µW-$ 2,723,051 11 3,754,342 $ 3,132,186 $ 3,754,342 $ 10,921,420 250,027 5,625,672 0 5,641,119 0 234,580 346,847 31,835 14,228 48,182 0 344,728 0 14,228 0 0 14,228 0 $ 596,874 $ 5,671,735 $ 14,228 $ 5,689,301 $ 14,228 $ 579,308 It 54,008,653 $ 57,033,914 $ 5,501,350 $ 67,658,646 $ 5,501,350 $ 43,383,921 * The Projected General Fund Reserve Balance at June 30, 2017 is $7,248,736 ** The Future Development Fund and Community Enhancement Fund were merged with the General Fund, However, these funds are committed for future /special projects pending City Council approval. Attachment 4 (Continued) Projected 2017 2017 2017 2017 Projected Fund Balance Projected Projected Projected Projected Fund Balance Fund Fund Description . . . . . Description . . .......... 06/30/2016 . Revenues ...... Transfers In Expenditures Transfers Out 06/30/2017 800 RDA Obligation Retirement $ 1,957,097 $ $ $ 1,95.7,097 0111iY11 1lkli1'eK4 801 SO River Capital Pri 296,363 0 0 16,075 0 280,288 802 Puente/Merced Capital Prl (5,977) 0 0 8,696 0 (14,673) 803 W Ramona Capital Pri 91,136 0 0 375 0 80,761 804 Cntrl Business Dist Capital Pri (15,863) 0 0 25,700 0 (41,563) 805 Delta Capital Pr ' i (2,171) 0 0 2,220 0 (4,391) 806 Sierra Vista Capital Pri 2,275,488 0 0 2 3 2A 19, 794,006 Subtotal Capital Projects $ 2,628,976 - $ - $ 285,485 $ 1,259,063 $ 1,084,428 Debt 'Se ' rvic e 831 SG River Debt Sery (647,465) 0 1,522,775 741,400 122,790 11,120 832 Puente/Merced Debt Sery 241,862 320,000 118,000 526,985 0 152,877 833 W Ramona Debt Sm (248,704) 0 0 0 0 (248,704) 934 Cntrl Business Dist Debt Sery (879,314) 38,800 748,432 642,231 0 (734,313) 835 Delta Debt Sery (149,397) 0 60,000 0 101,550 (190,947) 836 Sierra Vista Debt Sery 851,188 0 766,953 27,000 313,842 1,277,299 937 BP Merged 2000 Refinance 869,636 80 538,182 540,935 0 866,963 Subtotal Debt Service 37,806 $ 358,980 $ 3,754,342 $ 2,478,551 $ 538,182 $ 1,134,295 990 Low/Mod Income Housing TOTAL SUCCESSOR AGENCY FUNDS: louint,-AAomp!w.. 901 Housing Voucher Choice 905 Public Housing 910 CIAP Subtotal Housing Authority Funds COMBINED GRAND TOTAL - ALL FUNDS $ 8,663,773 $ 407,074 $ 368,150 $ - $ 8,702,697 $ 11,330,555µW-$ 2,723,051 11 3,754,342 $ 3,132,186 $ 3,754,342 $ 10,921,420 250,027 5,625,672 0 5,641,119 0 234,580 346,847 31,835 14,228 48,182 0 344,728 0 14,228 0 0 14,228 0 $ 596,874 $ 5,671,735 $ 14,228 $ 5,689,301 $ 14,228 $ 579,308 It 54,008,653 $ 57,033,914 $ 5,501,350 $ 67,658,646 $ 5,501,350 $ 43,383,921 * The Projected General Fund Reserve Balance at June 30, 2017 is $7,248,736 ** The Future Development Fund and Community Enhancement Fund were merged with the General Fund, However, these funds are committed for future /special projects pending City Council approval. Attachment 4 (Continued) ITEM NO. mmITITITmmmmmmITITITmm TO:m Honorable Mayor and City Councilmembers 601 4�1 NU6 of 46 H SANI GAEMEL a Vol L LFA` rE0 1A110 P' FROM: Joseph Bartolotti, Acting Chief of Police DATE: February 15, 2017 N SUBJECT: AGREEMENT WITH NATIONWIDE COST RECOVERY SERVICES VACANT AND ABANDONED PROPERTY REGISTRATION SUMMARY This report seeks direction from the City Council as to whether or not to enter into a contractual agreement with Neftali Cortez, dba Nationwide Cost Recovery Services (NCRS). The agreement is for the administration of the Vacant and Abandoned Property Registration Program. FISCAL IMPACT If the city enters into a contract with NCRS there would be a decrease of 50% of the funds recovered from the program. Based on a three year average of fees and penalties collected were $96,193.00. The estimated annual loss to the General Fund would be approximately $48,096.50, however staff would have more time to concentrate on other code enforcement duties. RECOMMENDATION Staff recommends the city council give further direction as to how the city manages and maintains the Vacant and Abandoned Property Registration Program. BACKGROUND In April 2009, City Council approved Ordinance 1325, which added Chapter 150.250 to the Baldwin Park Municipal Code (BPMC), requiring the owners of vacant and abandoned properties to register said property and to maintain the property in accordance with community standards in order to address the issues created by the foreclosure crisis. The chapter defines abandoned property as any property against which a Notice of Default (NOD) has been recorded by the lender. The adoption of BPMC Chapter 150.250 helped to mitigate some of the issues created by properties in foreclosure that became vacant and abandoned. In August 2013, the City Council approved Resolution No. 2013-031 Amending the Fee Schedule and Revising Fees for the Registration of Foreclosed Property and Approval of an Agreement with NCRS, for assistance with the Vacant and Abandoned Property Registration Program. The Code Enforcement Bureau has been maintaining and managing the Vacant and Abandoned Property Registration Program, since the original contract was not renewed in 2014. Since the last contract with NCRS, Code Enforcement staffing levels have increased from one full-time employee to four full-time employees. Code Enforcement officers receive regular notifications about the vacant properties from a contracted service, Property Radar, which in turn receives notifications of foreclosed property from the Los Angeles County Assessor's Office. The processing of each case takes approximately 1.5 hours of staff time from start to finish. The proposed NCRS contract calls for a 50%-50% sharing of revenues up to a ceiling of $120,000.00. Once that threshold is met, the contract calls for a revenue sharing of 60% to the city and 40% to NCRS. These terms are consistent with the terms of the last proposed contract with NCRS. VRATUM-91 Myoll . I MgMATMIJUMMUFM February 15, 2017 P I - �- The following is a list of the revenues that have been collected under the current program: 1. July 01, 2016 — Present Fiscal Year. • Fees collected: • Total registration: 1�' �i �-- M • Fees collected: • Total Registration: • Fees collected: • Total Registration collected would be $96,193.00. $46,77'0.00 (Projected: $93,540.00) (94) (Projected 188) $97,290.0:0 (2 09) :A 2 17 5 0-00 (192) LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. 1140PTIONS 1) Continue with the program, as is, having Code Enforcement Officers manage the program. ATTACHMENTS #1 Letter of Interest from Nationwide Cost Recovery Services (NCRS) #2 NCRS Consultant Services Agreement #3 NCRS Sc1pe 1f Services document Attachment # THIS AGREEMENT is made by and among the City of Baldwin Park, a municipal corporation, (hereinafter referred to as "City") and Nationwide Cost Recovery Services, LLC ,'hereinafter referred to as "Consultant"). k WHEREAS, to prevent the community from experiencing the blighting conditions that result when real property owners are in default on mortgages and their properties have been foreclosed on, are in the process of foreclosure, or are in imminent likelihood of the commencement of foreclosure proceedings ("Distressed Properties"), City adopted Chapter 150.029 of the Baldwin Park Municipal Code ("BPMC"); WHEREAS, BM[C Chapter 150.029 requires those with an interest in Distressed Properties within Baldwin Park, as a result of such things as deeds of trust, to inspect, and maintain those properties and register them with the City; WHEREAS, Consultant has experience in assisting cities in the San Gabriel Valley and other locations with implementing provisions similar to Chapter 150.029. Consultant shall assist City with implementation of Chapter 150.029 by providing the services described in Exhibit "A," which is incorporated herein by this reference. This Agreement shall commence on February _, 2017, and shall expire February _, 2022, W&Wffie herein. A. Consultant shall at all times, faithfully, competently, and to the best of its principals' abilities, experience and talents, perform all tasks described in this Agreement. B. Consultant shall be knowledgeable of and subject to all City rules and regulatio standard operating procedures, and the supervisory chain of command. I Consultant hereby agrees all work products produced pursuant to this Agreement shall be the sole property of City and ownership of said work products shall be retained by City. Consultant shall provide those products within ten (10) days after a written request from City and work to date will be paid in according with Section 7. Consultant may retain copies of those work products. 11 Consultant shall render no extra services beyond the Scope of Work described under this Agreement unless such extra services first shall have been duly authorized in writing by the Chief Executive Offices (the "CEO") of City. Additional services shall be subject to terms Ygreed to in writing by the City and Consultant. The CEO, or his/her designee, shall have the right of general supervision of all work performed by Consultant. No payment for services rendered under this Agreement shall be made without the prior approval of the CEO, or his/her designee. a. For Consultant's satisfactory completion of services required hereund.r, City agrees to pay Consultant a fee equal to fifty percent (50%) of the registration fees and penalties actually collected by City pursuant to Chapter 150.029 after the effective date of this Agreement (the "Collected Registration Fees and Penalties"); provided, that when the total amount of the Collected Registration Fees is equal to One Hundred Twenty Thousand Dollars ($120,000.00), that percentage shall be reduced to forty percent (40%). b. Consultant shall provide an itemized bill to City on the 10 th of each month for work completed in the previous month detailing the work satisfactorily performed, time spent to date, amount paid to date and total amount being invoiced. The total amount of fees billed and paid shall not exceed the maximum set forth in 7.a. Payment is due within thirty (30) days after approval of the bill by City. rl TIMM rIMM WMI I I I Ell City shall have the right to terminate this Agreement, with or without cause, for any reason within thirty days' (30 -days) written notice. Termination shall become effective thirty (30) days after delivery of written notice to Consultant and Consultant shall be due any and all aamnAs for Collected Regi of termination for services satisfactorily performed. In the event City does not exercise the right to terminate as set forth herein, the Agreement shall automatically terminate on the Expiration Date. 0 -- Consultant is and shall at all times remain, as to City a wholly Independent Consultant. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant excefod as ex=sslgi set forth inAhis-Agreement. Consultant shall not at anp time or in any fashion represent Consultant is in any manner an officer, employee or agent of City. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in this Agreement, City shall not pay salary wages, or other compensation to Consultant for performance hereunder for City. City shall not be liable for compensation to Consultant for injury or sickness arising out of performing services hereunder. ..... . .... Consultant shall at all times observe and comply with all applicable laws, ordinances, cI des and regulations of the federal, state and local governments including, but not limited to, the Baldwin Park Municipal code. City and its appointed or elected officers, employees, or this section. Consultant agrees to and shall defend, indemnify, protect, and hold harmless City, and each of its elected and appointed boards, officers, officials, employees, agents and volunteers (the "Indemnified Parties") from and against any and all claims, demands, lawsuits, defense cI sts, civil "I'll, causes of actionqfudgements at law or in e,,vuit�j or liabi i VI kind or nature ("Claims") which the Indemnified Parties may sustain or incur or which may be imposed upon them for injuries or deaths of persons or damage to property arising out of Consultant's performance related to this Agreement. This section does not apply to liability arising out of the sole negligence of any of the Indemnified Parties. A copy of a certificate of insurance insuring Consultant for general liability in the amount of at least Two Million Dollar ($2,000,000.00) per claim and policy provisions or endorsement(s) (i) naming the Indemnified parties as additional insureds, (ii) showing that insurance being primary, any other City Insurance being non-contributory and (iii) providing that insurance cannot be cancelled or materially modified without thirty -days (30 -days') prior written notice to City shall be provide f1r reasonable approval by City's City Attorney. This Agreement contains the entire understanding between City and Consultant related to the scope of work discussed herein and any prior agreements, promises, negotiations or representation not expressly set forth herein regarding that work are of no force of effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unforceable, then the remaining provisions of this Agreement shall be valid and binding. Waiver by any party hereto of any term, condition or covenant of this Agreement sh not constitute the waiver of any other term, condition or covenant hereof. I This Agreement shall be binding upon and shall inure to the benefit of the successors of each of the Parties hereto. EXREEZENg Ing This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. -- J191OWN101 If gation is reasonably required to enforce or interpret the provisions of this A , Va"Iw- 12�,Vam-,Y.Kch litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relieve to which it may be entitled. Ell M I IIIIII! i I M THEM 11 1 1 1 -2-1 ! 11-1-1 1 "CONSULTANT" Nationwide Cost Recovery Services, LLC Attn: Neftali Cortez 947 Longview Drive Diamond Bar, CA 91765 66CITY99 City of Baldwin Park Attn: Chief Executive Officer 14403 East Pacific Avenue, Baldwin Park, CA 91706 9 LDI �- W 10 Consultant shall not assign any right or obligation under this Agreement without the express written approval of City. Dated: 2017 IT 1 -0,11104 IMINy IMI ME= Dated: 2017 1 Shannon Yauchzee MMMM�` M Attachment #2 101,40811 Consultant shall administer and carry out the implementation of a BMC Chapter 150.029. Consultant shall implement a program to identify and notify beneficiaries of deed of trust which have caused a Notice of Default to be recorded on a property within City's Jurisdiction. Consultant shall utilize their technology and expertise to increase compliance with the Chapter 150.029. ------- -- --- 1. Preparation of a baseline which will include the completion of a Determination of Occupancy Inspection Report and a Property Condition report for all Distressed Properties within City's Jurisdiction. 3. Determination of condition of property. a. Document condition of Distressed Properties on baseline per "curb" inspection noting condition of the lawn, debris, broken windows/doors, graffiti, and presence of personal property. b. Submit report regarding un -maintained properties or cases of vandalism via e- mail and/or if available, City's online reporting system or secure incident management system. c. Weekly tracking of properties that have entered the foreclosure process with the Initial Notice of Default filed at the Office of the County Recorded shall be 4. Continue to perform a search of foreclosures filings within City weekly by searching for changes in the status of properties in foreclosure and checking auction schedules and document daily changes of status to bank -owned properties for proposed action at the discretion of City. 6. Constantly validate contact information of existing lenders of record by contacting via mail the trustee and/or the mortgage servicer. Make updated contact information, including telephone number, available to City. I a. Implement processes and procedures and provide oversight for preparation of correspondence on all properties that are on the foreclosure track in City. Maintain an updated profile on those beneficiaries that have not registered. b. Implement the methodology for checking the foreclosure status of all properties beyond the initial filing of the Notice of Default. c. Implement procedures and processes to contact via e-mail or telephone all beneficiaries not registered with City pursuant to Chapter 150.029 and open dialogue on payment of fees that are outstanding. d. Implement procedures and processes for placing cost recovery calls to trustees in order to open dialogue on the fees that are outstanding on unregistered properties in City. e. Create and implement a module for revenue recovery of the outstanding registrations, fees, and penalties by providing program development, managemenj and oversight as well as implementation of cost recovery methodologies to enhance compliance with Chapter 150.029 and to recover the cost of implementation of the program. 8. Cost of Printing and Mailing: Cost of printing, stuffing, and mailing shall be bome by the City from their share of the fees collected. 9. Sole Source: All cities in the State of California with a Foreclosed Property Registratio Notice of Default Program managed by a consultant providing Database Aggregatio Notification, Registration, Physical Property curbside inspections, and invoice an,�l payment oversight currently contract with Nationwide Cost Recovery Services, LL (NCRS). NCRS facilitates a turnkey services program including Foreclosure Datab___ Management, tracking, billing and Foreclosure Ordinance compliance of the Banks ans property owners throughout the foreclosure process. The services are unique because ( their availability and fitness for the Foreclosed Property Registration Program service: The services are available only from one source, NCRS. Ir OWWWrimrik"W. 10 In, 16111 4 payable to consultant within 30 days from receipt by the City of Invoice provided by the consultant. This agreement shall continue for a five-year period, renewable annually by mutual agreement. 'Me City of Baldwin Park shall pay to Consultants Neftali Cortez and Elias S. Cortez of Nationwide Cosl Recovery Services, LLC on a net 30 day period. Res eqffq11,y�ubtLijtti�', _0 I I 14M HOWIRIN 41 a a i1 i1 Date tSj�attjr�e:...._ Elias S Cortez F17 -0 M Attachment #3 0 i �R Nor t Foreclosed Property Registration Program Implementation and Oversight Express Letter of Interest January 31, 2017, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, CA 91706 Submitted by: Neftali Cortez DRE Lic. # 00560181 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 Phone: 909-762-8135 Fax: 909-752-3163 Nef.ncrs@gmail.com Elias S. Cortez, 20676 Center St, Riverside, Ca 92507 Phone: 909-800-8918 Fax: 909-752-3163 Eli.ncrs@gmail.com Services: Neftali Cortez and Elias S Cortez agree to provide development and implementation of a Foreclosed Property Registration Program in the City of Baldwin Park subject to the terms and conditions of this Agreement. The objectives of these services are to minimize neighborhood blight by identifying properties that are in distress and have entered the foreclosure process, and to proactively address the issues inherent in foreclosure property which negatively impact quality of life of the residents in the vicinity of homes in foreclosure. Neftali Cortez is a licensed Real Estate Broker, California Department of Real Estate license # 00560181. Mr. Cortez has worked fulltime in the Real Estate Brokerage and Financing Industries since being first licensed as a Broker in 1984. Mr. Cortez has over 20 years experience representing Banks in the sale of REO properties. The last five years have seen a tremendous increase of foreclosure sales, and Mr. Page I 1 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 ^4w+N 6: �, rho ��rfi�•k^,�w�mm% i�s�a�� personally handled over 200 transactions, being located at the epicenter of the foreclosure activity in Southern California. The area of coverage has included communities in Los Angeles, Orange, San Bernardino, and Riverside Counties. Elias S Cortez is currently Co -Owner of Nationwide Cost Recovery Services, LLC. Mr. Elias S. Cortez served as the State of California's Chief Information Officer from 1999-2003. Prior to his service at the state level, he served as the Chief Information Officer for the County of San Bernardino from 1997-1999. Mr. Cortez also served as a Director of Information Technology for Los Angeles Unified School District from 1992-1997. Elias attended USC School of Architecture from 1976-1981, and after graduation worked at Parsons Engineering. Extensive specialized Certification training in the REO (Real Estate Owned -Bank Owned) and the Distressed Property and Short Sales facet of the Real Estate field qualifies Mr. Neftali Cortez to provide this management oversight and program implementation initiative. Mr. Cortez is very familiar with the local real estate values and market trends, having covered the Southern California real estate market since being first licensed as a real estate salesman in May 1976. Mr. Cortez has managed and sold foreclosed properties for Bank of America, Chase Bank, and Wells Fargo as a Preferred Real Estate Broker. Mr. Cortez has also served as the founding President and Chairman of the Board of the Regional Chamber of Commerce -San Gabriel Valley, and continues to serve on the Government Affairs Committee. The City hereby acknowledges, as an item of disclosure only, that the Consultant is also licensed as a real estate broker in the State of California, and the City further acknowledges the performance by the Consultant of customary real estate professional broker services involving third party clients and lands which may be located in the City of City of Baldwin Park; provided however that for as long as the Agreement is in effect, the Consultant shall not participate in any real estate professional broker services or claim a real estate broker commission which is payable to the Consultant by either the City or a third party involving any parcel of land or property which is subject to the foreclosed property registration program provisions of the City of Baldwin Park without first obtaining approval from the City. Notwithstanding the provisions of section above, the City may hereafter request the Consultant to provide real estate professional consulting services to the City on a non-exclusive basis for which a real estate broker commission may be payable to the Consultant, in connection with the acquisition or disposition of real property by the City including property which is subject to registration with the City under the City of Baldwin Page 12 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 J Pare tegistration program. Each such request for professional real estate broker services shall be evidenced by a separate written real estate broker listing agreement by and between the Consultant and the City, which shall include terms which each party may accept or reject in its sole discretion. Scope of Work: Consultant shall Administrate and carry out the implementation of a Foreclosed Property Registration Program for the City of Baldwin Park, California. The Consultant shall implement a program to Identify and Notify Beneficiaries of Trust Deeds which have caused a Notice of Default to be recorded on a property within the City of Baldwin Park. The Consultant shall utilize their technology and expertise gained in the past 30 years in the Industry to increase Compliance with the City of Baldwin Park's Foreclosed Property Registration Ordinance. 5copg_pf Ir pll nerlta on Services 1. There have been 166 Properties that have had a foreclosure filing notice in the City of Baldwin Park within the previous twenty-four (24) month period. There have been 85 Notice of Default filings recorded in the last twelve (12) month period. 7 Properties have become Bank Owned in the last Twelve (12) months, and shall be baselined into the program. a. The baseline will include the completion of a Determination of Occupancy Inspection Report and a Property Condition report per property that has been registered.The objective of this program is to provide an immediate and continuing impact on the required maintenance and code compliance of the property by the foreclosing lender, and registration of the foreclosure properties. b. Consistent Documentation to enhance the City's ability to recover the registration fees and penalties for non-compliance with the City Foreclosed Property Registration ordinance. The proper implementation of this program will continue to assist to effectively notify and urge foreclosed property owner(s) to expedite maintenance and proper securing of the property for the safety of the community. 2. Initial Baseline Property Inspection of Preforeclosure and Trustee Sale or Auction status. The baseline will include the completion of a Determination of Occupancy Inspection Report and a Property Condition Report per property upon receipt of a completed Foreclosed Property Registration application and fee. There are 166 properties having had a Notice of Default filed in the previous twenty-four (24) months within the City of Baldwin Park, with approximately 128 of those with Page 13 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 r l� �e proceedings. There are currently 22 properties that have had a Notice of Trustee's Sale filed within the last four (4) months and are scheduled for Foreclosure Auction within the next 45 days. Determination of condition of property: a. Document condition of properties per "curbside" inspection noting condition of the lawn, debris, broken windows/doors, graffiti, and presence of personal property. b. Submit report regarding un -maintained properties or cases of vandalism via e-mail and/or if available, the City's online reporting system or secure incident management system. c. 6 inspections are included in this scope of work. If additional inspections are performed, they shall be billed to the Beneficiary/Owner of the property that has filed the Notice of Default and registered with the City of Baldwin Park. The fee billed to the Beneficiary/registrant shall be in the amount of $45.00 or as determined by the City of Baldwin Park. 3. Weekly tracking of properties that have entered the foreclosure process with the initial Notice of Default filed at the Office of the County Recorder shall be conducted as part of the process. This will enable the City of Baldwin Park to reach constituents in distress, identify specific unsafe and dangerous vacant properties that present health and safety risks, and contact the responsible lenders and institutions so as to inform them of the City ordinance requiring registration of foreclosure properties. This will ultimately enhance the City's program of property Code Compliance. a. Continue to perform a search of foreclosures filings within the City daily. b. Search for change in Status of property in Foreclosure. c. Check Auction Schedule and document daily change of status to Bank Owned for proposed action at the discretion of the City. 4. Updated Property Detail Report Constantly validate contact information of existing lenders of record by contacting via telephone or e-mail the trustee and/or the mortgage servicer. Make updated contact information available to the City. 5. Utilize the Proprietary Technology developed by Nationwide Cost Recovery Services, LLC to facilitate the online registration of properties by parties required to do so as per City Ordinance. The utilization of this technology enables the Page 14 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 r�i"W Beneficiaries to comply as required with greater degree of ease and improved accuracy, 6. Process and Procedures a. Implement processes and procedures and provide oversight for preparation of correspondence on all properties that are in the foreclosure process in the City of Baldwin Park. Maintain an updated profile on those Beneficiaries that have not registered. b. Implement the methodology for checking the Foreclosure status of all properties beyond the initial filing of the Notice of Default. c. Implement procedures and processes to call all Beneficiaries that have not registered with the City of Baldwin Park and open dialogue on payment of fees and fines that are outstanding. Provide oversight and perform implementation and execution of said procedures. d. Implement procedures and processes for placing Cost Recovery calls to Trustees in order to open dialogue on the fees that are outstanding on unregistered properties in the City of Baldwin Park. e. Cost of printing and mailing shall be borne by the City of Baldwin Park from their share of the fees collected. Page 15 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 J qj""'W,7MI Comensatton eement: The Consultant shall be paid 50% of collected amountsr obtained from the collected registration fees and penalties under the Foreclosed Property Registration Program. Said percentage of fees and penalties collected shall be payable to consultant within 30 days from receipt by the City of Invoice provided by the consultant. This agreement shall continue for a three year period, renewable annually by mutual agreement. Upon the Receipt by the City of a total of $120,000.00 under the program, the share of the fees collected shall adjust to 40% payable to the Consultant, and the City to retain 60% on the basis of fees and penalties collected on a monthly basis. The City of Baldwin Park shall pay to Consultants Neftali Cortez and Elias S Cortez of Nationwide Cost Recovery Services, LLC on a net 30 day period. I is e f lly Sgb ittt c Signature:_ Neft lu C r . I' rin i [ Date Signature: Elias S Cortez.-Princi al Date: Sign9ture: Chief Executive Officer: Shannon Yauchzee Date: City f...Baldwir Park Page 16 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 AGENDA BALDWIN PARK FINANCE AUTHORITY FEBRUARY 15, 2017 7:00 P REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Susan Rubio Cruz Baca Monica Garcia Ricardo Pacheco - Chair - Vice Chair - Board Member - Board Member - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdiccidn. Si usted desea la oportunidad de t;Iirigirse a la Agencia, podra hacerio durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un rntc�rprete p� cr convenienaa. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) ......n....n.... ,..... FINANCE AUTHORITY...... ................. ........ �m,,- REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Cruz Baca, Ricardo Pacheco, Monica Garcia Vice Chair Susan Rubio and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISItSN No se podra tomar acci6n en algun asunto a menos que sea incluido an la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. (Codigo de Gobiemo §54954.21 CONSENT CALENDAR 1. TREASURER'S REPORT — DECEMBER 2016 Staff recommends that Council receive and file the Treasurer's Report, ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 9'" day of February, 2017. Alejandra Avila Secretary PLEASE NOTE. Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public, viewing and inspection at City Hall, 2nd Floor Lobby Area or at file Los ArNgeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at t626) 960-4011 ext 466 or via e.- mail of riavilir(ra)trplidwirrl arta rom. 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) ITEM NO. STAFF REP01,T TO: Honorable Mayor and City Councilmembers JH U OF >�FROM: Rose Tam, Director of Finance' DATE: February 15, 2017 vA I.' SUBJECT: TREASURER'S REPORT -DECEMBER 2016 SUMMARY Attached is the Treasurer's Report for the month of December 2016. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for December 2016, BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 12/31/2016 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK ESTIMATE i) MARKET DE'SCRIPTYON' RATE DATE DATE _ VALUE PRINCIPAL VALUE VALUE State of California Local A snap Investmont Fund City 0.72% Varies Varies $ 16,266,837.49 $ 16,266,837.49 $ 16,266,837.49 $ 16,266,837.49 Housing Authority 0.72% Varies Varies 13,148.90 13,148.90 13,148.90 13,148.90 16, 279, 986.39 16, 279, 986.39 16,279, 986.39 16,279,986.39 Corhficate of Ds oalt Capital One Bank. USA NATL ASSN 1.16% 9/14/2016 9/14/2018 246,000.00 246,000.00 246,000.00 243,646.16 Wells Fargo Bank NA SIOUX Fails 1.16% 9/14/2016 9/14/2018 246,000.00 246,000.00 246,000.00 243,681.90 JP Morgan Chase Bank NA Columbus 1.16% 9116/2016 9/16/2018 246,000.00 246,000.00 246,000.00 243,674.66 Ally Bank Midvale CTF DEP ACT/366 1.16% 9117/2016 9117/2018 246,000.00 246,000.00 246,000.00 243,628.00 980,000.00 980,000.00 960,000.00 974,629.60 Fiscal Agent Funds -City Varies Varies Varies 2,421,964.99 2,421,964.99 2,421,964.99 2,421,964.99 Fiscal Agent Funds - Successor Agency Varies Varies Varies 2,936,980.66 2,936,980.66 2,936,980.66 2,936,980.66 $ 21 6189'22 03 $,ITIT 21,618,9 .,,922 03 6,368,936.64 $_21,613,661.63 Total Investments $ 21,618,922.03 Cash City Checking 3,708,632.63 Money Market Plus 9,016,396.10 City Miscellaneous Cash 83,196.60 Successor Agency 174,404.31 Housing Authority 646,487.81 Financing Authority 0.00 Investment Brokerage 339.03 Total Cash 13,628,466.28 Total Cash and Investments $ 36,147,378.31 Schedule of Cash and Investments Includes all financial assets as Included In the Comprehensive Annual Financial Report. There was no Investment maturity/purchase transaction made for the month of December 2016 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 63646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all Investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam 7" Director of Finance " -I"f " MAO, lq:is FEBRUARY 15, 2017 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Susan Rubio Cruz Baca Monica Garcia Ricardo Pacheco - Chair - Vice Chair - Board Member - Board Member - IBoard Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APA GAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por Cres (3) minutos. Hay un inrlr to plea„su conveniencia Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Cruz Baca, Monica Garcia, Ricardo Pacheco, Vice Chair Susan Rubio and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION No se podrxa fo(nar° acci6n en algOn asunto a rn000s que sea iocluido an lima agenda, o a menos que exista algrina emergencia o circunstancia especial, EI cuerpo legislativo y su personal podran° 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar on consider"aci6o en juntas proximal, [Codigo de Gobiemo §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT — DECEMBER 2016 Staff recommends that Council receive and file the Treasurer's Report. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 9th day of February, 2017. AlejAdr'a Avila Secretary PLEASE NOTE Copies of staff reports and supporling documentation pertaining to each item on this agenda are available for public viewing and inspection at City Mall, 2111r Roor lobby Area or at the Los Angeles County Public Library in the City of Baldwin flai* For further inforrnation regarding agenda items, please contact the office of the City Clerk at (828) 960-4011 ext 488 or w a e- mail at aavilaj@tlfaliduvira a Ldc- i 1y - In cornplibnce with the Amergirrans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Departrnent or Risk Mana,gvnlernt at (826) 980-4011. 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) ITEM NO. ST AFF POR' ' TO: Honorable Mayor and City Councilmembers FROM: Rose Tam, Director of Finance ...�� rrvt�aA ,r� DATE: February 15, 2017 r F` SUBJECT: TREASURER'S REPORT - DECEMBER 2016 SUMMARY Attached is the Treasurer's Report for the month of December 2016. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for December 2016. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 1 2/3112 01 6 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund_ City �._ 0.72% Varies Varies Housing Authority 0.72% Varies Varies SM59EMIUMM, Capital One Bank USA NATL ASSN 1.16%, 9/14/2016 9/14/2018 Wells Fargo Bank NA SIOUX Falls 1.16%, 9/14/2016 9/14/2018 JP Morgan Chase Bank NA Columbus 1.16% 9/16/2016 9/16/2018 Ally Bank Midvale CTF DEP ACT/366 1.16% 9/17/2016 9/17/2018 $ 16,266,837.49 $ 16,266,837.49 $ 16,266,837.49 $ 16,266,837.49 13,148.90 13,148.90 13,148.90 13,148.90 ........ 16 279,986.39 ......... 16,279,986.39 16,279,986.39 16,279,986.39 246,000.00 246,000.00 246,000.00 243,646.16 246,000.00 246,000.00 246,000.00 243,681.90 246,000.00 246,000.00 246,000.00 243,674.66 246,000.00 246,000.00 246,000.00 243,628.00 980, 000.00 980,000.00 ..0ww,629.....0 980,000.00 974,629.60 Fiscal Agent Funds - City Varies Varies Varies 2,421,964.99 2,421,964.99 2,421,964.99 2,421,964.99 Fiscal Agent Funds - Successor Agency Varies Varies Varies 2,936,980.66 2,936,980.66 2,936,980.66 2,936,980.66 - .. _ 21,618,922.03 $ 211618„922.03 $ ............... 6,368,936.64 $ 21,6°N3„661.63_ Total Investments $ 21,618,922.03 Cash _ City Checking 3,708,632.63 Money Market Plus 9,016,396.10 City Miscellaneous Cash 83,196.50 Successor Agency 174,404.31 Housing Authority 546,487.81 Financing Authority 0.00 Investment Brokerage339.03 Total Cash 13L628,466 28_ Total Cash and Investments $ 36,147,378.31 Schedule of Cash and Investments Includes all financial assets as Included In the Comprehensive Annual Financial Report. There was no Investment maturlty/purchase transaction made for the month of December 2016 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 63646 at seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all Investments are In compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance