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Home My WebLink About2017 06 07NOTICE AND CALL OF A SPECIAL 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, JUNE 7, 2017 at 5:30 PM. at City Hall — 3 d 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. Dated: June 1, 2017 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING Manuel Lozano Mayor 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 June 7, 2017. Azx 4 Alejandra Avila City Clerk AMENDED AGENDA CITY COUNCIL SPECEE" Please meeting location J 79 2017 —-"" 5:30 P CITY HALL - 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDW/N PARK, CA 91706 (626) 960-4011 ' V L' 1 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 DEAPAGAR SUS TELEFONOS CELULARES YeEEPERSOURANTELA 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, podrcl 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 – 5:30 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 sercl 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. 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 consideracibn en juntas proximas. [Codigo de Gobierno §54954.2] OPEN SESSIO ISTUDY SESSION 1. PRESENTATION OF OPTIONS FOR DIGITAL MARQUES Presentation by Interim Public Works Director Sam Gutierrez with options for design and location of digital marques 2. PRESENTATION OF OPTIONS FOR BUS WRAPS Presentation by Interim Public Works Director Sam Gutierrez with options for bus wrap designs 3. PRESENTATION OF PROPOSED ORDINANCE FOR CULTIVATION OF MEDICAL CANNABIS Presentation by City Attorney Robert Tafoya on a proposed ordinance relating to facilities for the cultivation of medical cannabis. RECESS TO CLOSED SESSION 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v City of Irwindale Case No. BS163400 Case Name: Murillo v City of Baldwin Park Case No. 2:16 cv 05265 R (AJWX) Case Name: Tuttle v City of Baldwin Park Case No. 2:16 cv 09167 CAS GJS Case Name: Rivera-Crunk v City of Baldwin Park Case No. BC595720 5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) 6. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: &IgLicde i,gt1 t,c d representatives: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Enil? g)tg_Q QfgAiiizat.iohis: 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 Ur°,—re preenteEmrla c_: City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Chief Deputy City Clerk; 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 June 7, 2017. Alejandra Avila City Clerk f'Il::'ASE NOTE,, Copies of staff repoils and supporlrng documentation pertaining to each item on lhis agenda are available for publrr,, viewing and inspectiori at City ball, 2""J Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Parts. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 ore -mail waaw„rp1@_L l Jwrrap4nr .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 11) AMENDED AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING JUNE 77 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 cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. This agenda has been revised to add Item No. 16, APPROVE A RESOLUTION OPPOSING WITHDRAWAL FROM THE PARIS CLIMATE AGREEMENT which appears in Italics on Page 6 of this Amended Agenda vlotl n publlr r , (r'd rk"rinng lea rl�sa� l()r (.)pen sh' n ()[ (-F„g uk")rrnr r ling ()[ c ll�C(') fnCil r`i;=,lrrF,Auted lc) s rfl”' C(')ursCiI , /")OUr s'nee n g vv/11 be, 1()r-pub11 In,s;per 11(,)n s,rll"' in lt,fe �;Il„� �,lrs� rt'ess office at 144031 , l Iacific Avenue, Warr 1 loor during norn"ial 1,, ussAirrsWti s t,so rrs (lEvlrrirr es� CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem Susan Rubio and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation of Proclamation recognizing May 21 — 27, 2017, as National Public Works Week • Presentation by Shane Chapman, General Manager, Upper San Gabriel Valley Water District • Presentation by Jarret Barrios, Chief Executive Officer, and Norma Vega, Director of Government And Community Affairs, American Red Cross Los Angeles Region • Presentation by Gary Gero, Chief Sustainability Officer, County of Los Angeles, regarding the Los Angeles Community Choice Energy Joint Powers of Authority PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algana emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas, o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de 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. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Boyla, Boya Claimant alleges the onramp on Garvey Avenue westbound 1-10 freeway poses a dangerous condition of public property. Valdez, Candis Claimant alleges that the location 14404 Ramona Boulevard in the city poses a dangerous condition to public property. 3. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Housing Authority, Finance Authority and Special and Regular City Council Meetings held on April 19, 2017. B. Meeting Minutes of the Housing Authority, Finance Authority and Special and Regular City Council Meetings held on May 17, 2017. 4. APPROPRIATION OF ADDITIONAL FUNDS FOR INFRASTRUCTURE ENGINEERS BUILDING PLAN CHECK SERVICES Staff recommends that Council approve the additional appropriations in order to continue building plan check services through the end of the current fiscal year, June 30, 2017. 5. APPROVAL OF A 3 -PARTY AGREEMENT BETWEEN THE STETSON GROUP, INC., ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) AND THE CITY OF BALDWIN PARK FOR CEQA RELATED SERVICES FOR A PROPOSED SIX (6) STORY, 60,000 S.F. OFFICE AND MEDICAL OFFICE BUILDING WITH RETAIL USES AT 14614-14622 DALEWOOD STREET Staff recommends that Council approve the 3 -Party Agreement between The Stetson Group, Environmental Science Associates (ESA) and the City of Baldwin Park and authorize the Mayor to execute the Agreement. 6. APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE TELEVISION ACCESS SERVICES Staff recommends that Council approve the Fourth Amendment to the Professional Services Agreement for Video Production and Cable Television Services with Community Media of the Foothills (CMF) and authorize the Mayor to execute the Amendment. City Council Agenda Page 3 7. AUTHORITY TO SIGN ASSESSMENT AGREEMENT WITH THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY Staff recommends that Council approve the 2016-17 Assessment Agreement with the Independent Cities Risk Management Authority (ICRMA) and authorize the Mayor to execute the Agreement. 8. ADOPTION OF SALARY RESOLUTION NO. 2017-186 TO UPDATE THE COMPREHENSIVE PAY SCHEDULE TO INCLUDE A FIVE-STEP SALARY RANGE FOR DIRECTOR OF COMMUNITY DEVELOPMENT IN ACCORDANCE WITH CALPERS GUIDELINES Staff recommends that Council approve Resolution No. 2017-186, entitled "A Resolution Of The City Council Of The City Of Baldwin Park Adopting A Salary Resolution To Establish A Comprehensive Pay Schedule For All Full Time Employees, Part Time Employees And Elected Officials In Accordance With CalPERS Guidelines." 9. APPROVAL OF EMPLOYMENT AGREEMENT WITH GUSTAVO ROMO FOR THE POSITION OF COMMUNITY DEVELOPMENT DIRECTOR Staff recommends that Council approve the Agreement with Gustavo Romo for the position of Community Development Director (CDD). 10. APPROVAL OF ADDITIONAL FUNDING FOR CITY PROJECT NO. 2016-0152 CORAK AVENUE STORM DRAIN Staff recommends that Council: 1) Approve the appropriation of $57,400 for the additional work and construction engineering related to the project closeout work; and 2) Authorize the Director of Finance to make appropriate transfers and fund adjustments. 11. REFINANCING 2004 LEASE REVENUE BONDS Staff recommends that Council authorize preparation of documents required to refinance the outstanding Baldwin Park Financing Authority 2004 Lease Revenue Refunding Bonds, to be presented for approval at a subsequent meeting, and approve BOK Financial Securities, Inc. to underwrite the refunding bonds, Harrell & Company Advisors, LLC to act as financial advisor and Quint & Thimmig LLP to act as bond counsel. PUBLIC HEARING 12. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2017-191, ORDERING THE ASSESSMENTS FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR THE FY 2017-2018 Staff recommends that Council hold a public hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution No. 2017- 191, entitled, "A Resolution Of The City Council Of The City Of Baldwin Park, California, Ordering The Annual Levy And Collection Of Assessments Associated With Citywide Landscaping And Lighting Maintenance Assessment District For FY 2017-18, And Authoring The Los Angeles County Assessor To Add This Special Assessment To The Property Tax Bills." City Council Agenda Page 4 13. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2017-192, ORDERING THE ASSESSMENTS FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2017-2018 Staff recommends that Council hold a public hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution No. 2017- 192, entitled "A Resolution Of The City Council Of The City Of Baldwin Park, California, Ordering The Annual Levy And Collection Of Assessments Associated With The Citywide Park Maintenance District FY 2017-2018, And Authorizing The Los Angeles County Assessor To Add This Special Assessment To The Property Tax Bills." CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION REPORT OF OFFICERS SA -1 REPEAL SALES TAX ORDINANCE Staff recommends that the Successor Agency introduce the first reading of Ordinance No. 2, entitled "An Ordinance Of The Successor Agency To The Dissolved Community Development Commission Of The City Of Baldwin Park Repealing Ordinance No. 1 Regarding Sales And Use Taxes." REPORTS OF OFFICERS 14. A REQUEST FOR DIRECTION FROM THE CITY COUNCIL REGARDING EXISTING ON-CALL PROFESSIONAL SERVICES FOR THE PUBLIC WORKS DEPARTMENT AND COMMUNITY DEVELOPMENT (BUILDING) DEPARTMENT Staff recommends that Council provide direction: 1) Prepare and circulate an updated Request for Qualifications (RFQ) for General On -Call Professional Consulting Services for the areas noted above and extend the existing on-call professional listing until such time that the RFQ process is complete and a new listing for on-call professional services is established; or 2) Extend the existing on-call professional listing until June 30, 2019, and additional two years. 15. FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN Staff recommends that Council approve the Fiscal Year 2017-2018 CDBG Annual Action Plan with the contingency to adjust public service programs, and HOME and CDBG administration to remain in compliance with HUD maximum allowable requirements as well as possible Code Enforcement allocations once the final federal budget and allocations are approved. City Council Agenda Page 5 16. APPROVE A RESOLUTION OPPOSING WITHDRAWAL FROM THE PARIS CLIMATE AGREEMENT Staff recommends that Council approve Resolution No. 2017-193, entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, STATING ITS OPPOSITION TO PRESIDENT DONALD TRUMP'S WITHDRAWAL FROM THE PARIS CLIMATE AGREEMENT" CITY COUNCIL I CITY CLERK I CITY TREASURER I STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion and consideration: • Mayor Lozano would like discussion and direction to postpone appointment of an Interim Police Chief due to budget constraints and the current projected deficit. Request by Council member Garcia for discussion and consideration: Councilmember Garcia is expressing concerns and encouraging discussion related to the appearance of medians and streets in the city, specifically the median landscape project, and size of replacement trees. As follow up to previously agendized items, Councilmember Garcia is requesting a regular report from Public Works related to street improvements, and from the Police Department related to public safety. ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 1St day of June, 2017. r Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at aavila(Er baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 6 +-STAFF REPORT L 1LJUl OF THE' s� V TO: FROM: ITEM NO. Honorable Mayor and City Councilmembers Rose Tam, Director of Finance DATE: June 07, 2017 SUBJECT: WARRANTS AND DEMANDS. SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. FISCAL IMPACT The payroll for the last period was $410,316.83 and the attached General Warrants Register were $808,754.92 for a total amount of $1,219,071.75. 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 198664 to 198687. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 255624 to 255896 for the period of April 23, 2017 through May 06, 2017, inclusive; these are presented and hereby ratified in the amount of $410,316.83. 2. 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I . In 0 In o In O Ifi CD In cD C',I eq I C", I C', I I C, In C:, In o In C) Lf) 0 Lr) 0 fPt 0 r_j 0 H CD -, CD -I CD 1-1 cq 00 co m OD O W 00 "I' 0� co Lr! r1 r� 00 r CD OD OD Ln m W W W W 1-4 h kom (n -I w w w 11 a, r -I M V)- w vl- m U2 V2 ri) ED N Ef) H H 0 H N 0 P14 cq m In I'D 0 1-4 v A H 0 Ln In In Ln In 1--i r -i r -I 11 rl E�- C9 cq clq CN cq 0 0 ft Q 0 H STAFF REPORT ITEM NO. .2 TO: Honorable Mayor and City Councilmembers FROM: Andrea Cutler, Interim Human Resources & Risk Manager DATE: June 7, 2017 )JtM1A1'/ SUBJECT: CLAIM REJECTION SUMMARY This report requests the City Council reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. FISCAL IMPACT Fiscal impact is unknown at this time. RECOMMENDATION Staff recommends that City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant(s): Boyla, Boya Valdez, Candis Claimant alleges the onramp on Garvey Avenue westbound I10 freeway poses a dangerous condition of public property. Claimant alleges that the location 14404 Ramona Blvd. in the city poses a dangerous condition of public property. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. LEGAL REVIEW Any specific questions should be referred to the City Attorney. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received. MINUTES ITEM NO. SA BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING APRIL 19, 2017, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:03 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano A motion was made by Lozano, seconded by Pacheco, and carried (5 – 0) to recess to Closed Session immediately following Public Communications and reconvene to Open Session immediately after Closed Session. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:03 p.m. Loins Mato, New Beginnings Community Ministry, spoke of the ministry's work in the community and suggested a partnership between the ministry, the City and the Police Department to assist in helping at -risk youth and neighborhoods. Seeing no others wishing to speak, Public Communications closed at 6:07 p.m. OPEN SESSION 1. CITY POLICY City Policy Study Session by City Attorney Robert Tafoya RECESS TO CLOSED SESSION', 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): 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: Tuttle v. City of Baldwin Park, et al Case No. 16-09167CAS Special Meeting of 4/19/17 Page 1 of 2 4. THREAT TO PUBLIC SAFETY OR FACILITIES Pursuant to Government Code §54957(a) Security briefing by Chief of Police 5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) 6. PUBLIC EMPLOYEE DISMISSAL/RELEASE (GC §54957) Title: Chief of Police 7. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Title: Chief of Police RECONVENE IN OPEN SESSION ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:09 p.m. REPORT ON CLOSED SESSION* Mayor Lozano reported out of Closed Session that Council voted (3 — 2; Garcia and Lozano voted No) for the termination of David Salcedo as Chief of Police. Mayor Lozano also stated that reports of discrimination within the department may be referred to the Attorney General for investigation. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 4/19/17 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING APRIL 19, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Pro Tem Rubio at 7:15 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Rubio. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio ABSENT: Council Member Monica Garcia (left the meeting at 7:18 p.m.) Mayor Manuel Lozano (left the meeting at 7:17 p.m.) REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that Council voted (3 — 2; Garcia and Lozano voted No) for the termination of David Salcedo as Chief of Police. ANNOUNCEMENTS Mayor Lozano expressed his disappointment at the decision to terminate David Salcedo. He noted that this is the second Latino that was terminated without cause and that he had been informed by several officers that there are allegations of discrimination in the department with regards to promotions. He also stated that he may be seeking assistance from the State Attorney General's Office to conduct an investigation. Council member Garcia also expressed her disappointment at the decision. She opined that Mr. Salcedo took on the new role admirably. She stated that she was also informed of allegations of discrimination in promotion of officers. She pointed out that she has been approached by citizens in the community that expressed admiration for the new chief and his proactive involvement in the community. Mayor Lozano then announced that he is leaving the Council meeting in protest of the decision to terminate David Salcedo. The Mayor left the dais at 7:12 p.m. Council member Garcia also stated that she is also leaving the Council meeting in protest of the decision to terminate David Salcedo. Council member Garcia left the dais at 7:13 p.m. Mayor Pro Tem Rubio commented in response to the statements made by Mayor Lozano and Council member Garcia; noted that there have been ten Caucasian police chiefs that have been terminated in the past; noted that scoring for selection of the police chief was shared closed session but only represented scoring for one of two interview panels; stated that she was approached by another member of Council and was urged to vote in a particular manner to avoid repercussions. Council member Baca announced that two Baldwin Park students have won a History Day competition and will be going on to complete at a state level. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Presentation by Phil Hawkey, San Gabriel Valley Council of Governments with a Governing Board Status Report Phil Hawkey, Executive Director of the San Gabriel Valley Council of Governments, narrated a PowerPoint presentation and highlighted the accomplishments of the Council of Governments and Baldwin Park's contribution to those accomplishments. 0 Presentation of Proclamation in recognition of National Arbor Day Council member Baca presented a Proclamation to recognize April 28, 2017, as National Arbor Day. Mayor Pro Tem Rubio presented a Certificate of Recognition to Federico Viscata Carrillo for his accomplishments as a three -time Judo Olympian and the most decorated Judo champion in Mexico. PUBLIC COMMUNICATIONS Mayor Pro Tem Rubio opened Public Communications at 7:35 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Mark Schendpn, Baldwin Park resident, expressed great disappointment at the dismissal of Mr. Salcedo; opined that he was not given a chance to prove himself; asked the reason for the termination. Arturo LIL111 , Baldwin Park resident, commented on a recent article in the San Gabriel Tribune regarding attorney bills; opined that the funds spent on law suits is unwise use of City funds; inquired where all the money that is being spent is coming from; opined that code enforcement is ineffective. jupn Rios, Baldwin Park resident, opined that Code Enforcement is doing an admirable job and is generating revenue; noted that the Police Department is the right place for the program; opined that the allegations of racism by members of Council is unfounded. req Tuttle; Baldwin Park business owner, stated that the current contract for the July 4th event is costing as much as it did last year when the contract was done last minute; commented on the Resolution pertaining to the annexation into the San Gabriel Valley Mosquito and Vector Control District; inquired about expenditures made from the Business Improvement District fund; pointed out that business owners should be a part of the governing body. Regular Meeting of 4/19/17 Page 2 of 10 ML_ b 1, Baldwin Park business owner, asked why his business is being cited; opined that his business generates income for the city and there have never been problems before. Hector, Baldwin Park resident, opined that there is a great deal of mistrust of law enforcement in the city; expressed disappointment at the dismissal of Mr. Salcedo; pointed out that Mr. Salcedo has been doing community outreach and makes citizens feel safe; asked that Council reconsider Mr. Salcedo. Seeing no others wishing to speak, Public Communications closed at 8:16 p.m, CONSENT CALENDAR Council pulled Item Nos. 7 and 11 from Consent Calendar for further discussion. 1, WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to ratify the Warrants and Demands Register. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None 2. TREASURER'S REPORT — FEBRUARY 2017 Staff recommends that Council receive and file the Treasurer's Report for the month of February 2017. A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to receive and file the minutes. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None 3. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Regular City Council Meeting held on November 2, 2016. B. Meeting Minutes of the Special and Regular Meetings of the City Council held on November 16, 2016. C. Meeting Minutes of the Special Meeting of the City Council held on December 7, 2016. A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to receive and file the minutes. AYES: NOES: ABSENT: ABSTAIN Baca, Pacheco, Rubio None Garcia, Lozano None Regular Meeting of 4/19/17 Page 3 of 10 4. AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR NEW POSTAGE, FOLDING/INSERTER MACHINES Staff recommends that Council approve entering into a 60 -month Lease Agreement with MailFinance, Inc. (a Neopost USA Company). A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to approve entering into a 60 -month Lease Agreement with MailFinance, Inc. (a Neopost USA Company). AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None 5. ADOPTION OF RESOLUTION NO. 2017-179 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFONIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM Staff recommends that Council: 1) Authorize the Director of Recreation and Community Services to submit a grant application to the State of California Climate Investments Urban Greening Program Grant; and 2) Waive further reading, read by title only and adopt Resolution No. 2017-179 entitled, "A Resolution of the City of Baldwin Park Approving the Application for Grant Funds from California Climate Investments Urban Greening Program." A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to: 1) Authorize the Director of Recreation and Community Services to submit a grant application to the State of California Climate Investments Urban Greening Program Grant; and 2) Waive further reading, read by title only and adopt Resolution No. 2017-179 entitled, "A Resolution of the City of Baldwin Park Approving the Application for Grant Funds from California Climate Investments Urban Greening Program." AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None 6. AWARD OF CONTRACT FOR 4TH OF JULY PYROTECNIC SHOW WITH PYRO SPECTACULARS, INC. Staff recommends that Council approve the contract with Pyro Spectacular, Inc., for professional pyrotechnical services and authorize the Director of Recreation and Community Services to execute the agreement with Pyro Spectaculars, Inc. A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to approve the contract with Pyro Spectacular, Inc., for professional pyrotechnical services and authorize the Director of Recreation and Community Services to execute the agreement with Pyro Spectaculars, Inc. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None Regular Meeting of 4/19/17 Page 4 of 10 7. RATIFY THE CONTRACT AMENDMENT WITH SOUTHLAND TRANSIT, INC. Staff recommends that Council ratify the contract Amendment with Southland Transit, Inc., and authorize the Mayor to execute the amendment. A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to ratify the contract Amendment with Southland Transit, Inc., and authorize the Mayor to execute the amendment. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None 8. PURCHASE OF SPILLMAN COMPSTAT MANAGEMENT DASHBOARD MODULE AND SPILLMAN ANALYTICS MODULE Staff recommends that Council approve to: 1. Waive the formal bidding process pursuant to §34.23(6) of the Baldwin Park Municipal Code "when the supplies and equipment needed can be obtained from one source only." 2. Direct Finance staff to take the necessary action and make a budget appropriation of approximately $69,561 from Federal Asset Forfeiture fund (205-30-370-58110- 00000-2) toward the purchase of the Spillman CompState Management Productivity Dashboard Module and Spillman Ana lytics/CrimeMonitor Module. 3. Authorize the Chief of Police, or his designee, to make the above purchase through the procedures outlined above. A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to: 1. Waive the formal bidding process pursuant to §34.23(6) of the Baldwin Park Municipal Code "when the supplies and equipment needed can be obtained from one source only." 2. Direct Finance staff to take the necessary action and make a budget appropriation of approximately $69,561 from Federal Asset Forfeiture fund (205-30-370-58110-00000-2) toward the purchase of the Spillman CompState Management Productivity Dashboard Module and Spillman Ana lytics/CrimeMonitor Module. 3. Authorize the Chief of Police, or his designee, to make the above purchase through the procedures outlined above. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None Regular Meeting of 4/19/17 Page 5 of 10 9. AUTHORIZATION FOR A ONE YEAR CONTRACT EXTENSION TO COMPUTER SERVICES COMPANY (CSC) FOR TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE AND REQUEST FOR ADDITIONAL FUNDS DUE TO UNFORESEEN DAMAGE TO CITY STREET LIGHT POLES AND TRAFFIC SIGNAL CONTROLLERS Staff recommends that Council: 1. Authorize the Mayor to execute the contract Amendment No. 1 to extend the existing contract with Computer Services Company (CSC) for a period of one year; and 2. Authorize the Director of Finance to appropriate additional funds for RY 2017 to cover the increase in unforeseen costs; and 3. Authorize the Director of Finance to make necessary budget adjustments to allow payments as approved for FY 2017. A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to: Authorize the Mayor to execute the contract Amendment No. 1 to extend the existing contract with Computer Services Company (CSC) for a period of one year; and 2. Authorize the Director of Finance to appropriate additional funds for RY 2017 to cover the increase in unforeseen costs; and 3. Authorize the Director of Finance to make necessary budget adjustments to allow payments as approved for FY 2017. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None 10. RESOLUTION 2017-181 AUTHORIZING THE DIRECTOR OF PUBIC WORKS TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. P61 TO ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00378S FOR MAINE AVENUE COMPLETE STREETS PROJECT Staff recommends that Council waive further reading, read by title only, and adopt Resolution No. 2017-181, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute the Program Supplement Agreement No. P61 to Administering Agency -State Agreement for State Funded Projects No. 00378S." A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to approve and adopt Resolution No. 2017-181, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute the Program Supplement Agreement No. P61 to Administering Agency -State Agreement for State Funded Projects No. 00378S." AYES: NOES: ABSENT: ABSTAIN Baca, Pacheco, Rubio None Garcia, Lozano None Regular Meeting of 4/19/17 Page 6 of 10 11. APPROVE A RESOLUTION FOR THE JOINT TAX TRANSFER FOR ANNEXATION INTO THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Staff recommends that Council approve Resolution No. 2017-182, entitled "A Joint Resolution of the Board of Supervisors of the County of Los Angeles and the Governing Bodies of the San Gabriel Valley Mosquito and Vector Control District and City of Baldwin Park, Approving and Accepting the Negotiated Exchange of Property Tax Revenue Resulting from Annexation No. 2016-32 to the San Gabriel Valley Mosquito and Vector Control District." A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to approve and adopt Resolution No. 2017-182, entitled "A Joint Resolution of the Board of Supervisors of the County of Los Angeles and the Governing Bodies of the San Gabriel Valley Mosquito and Vector Control District and City of Baldwin Park, Approving and Accepting the Negotiated Exchange of Property Tax Revenue Resulting from Annexation No. 2016-32 to the San Gabriel Valley Mosquito and Vector Control District." AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None 12. APPROVE AND ADOPT A RESOLUTION SUPPORTING "WOMEN AND GIRLS IN SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMATICS (STEM)" WEEK Staff recommends that Council approve and adopt Resolution No. 2017-185, entitled "A Resolution of the City Council of the City of Baldwin Park supporting April 2, 2017 through April 8, 2017, as "Women and Girls in Science, Technology, Engineering and Mathematics (STEM)" Week. A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to approve and adopt Resolution No. 2017-185, entitled "A Resolution of the City Council of the City of Baldwin Park supporting April 2, 2017 through April 8, 2017, as "Women and Girls in Science, Technology, Engineering and Mathematics (STEM)" Week. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None PUBLIC HEARING 13. A REQUEST FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE AMENDMENT THAT WOULD MODIFY SECTION 153.170.105(H) ELIMINATING LANGUAGE TO ALLOW ALL NEW BILLBOARDS TO BE NO TALLER THAN 65 FEET IN HEIGHT REGARDLESS OF PROXIMITY TO A SOUND WALL AND A DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION OF ONE DOUBLE- FACED DIGITAL BILLBOARD (LOCATION: 1919 PUENTE AVENUE; APPLICANT: BECKER BOARDS SMALL, LLC; CASE NUMBERS: AZC-185 AND DA 16-01). Staff and the Planning Commission recommends that Council open the public hearing and, following the public hearing: 1. Adopt Resolution No. 2017-180, entitled "A Resolution Of The City Council Of The City Of Baldwin Park Recommending That The City Council Approve And Adopt (1) The Mitigated Negative Declaration Of Environmental Impact (2) An Amendment To Regular Meeting of 4/19/17 Page 7 of 10 The City's Municipal Code Relating To Development Standards For Billboard Uses; And (3) A Development Agreement For The Construction Of A New Digital Billboard (1919 Puente Ave); (Locations: Citywide And 1919 Puente Ave.; APN: 8558-033- 005; Applicant: Becker Boards Small, LLC; Case Numbers: AZC-185 And DA 16- 01);" and 2. Introduce for first reading, by title only and waive further reading, Ordinance 1398, entitled, "An Ordinance Of City Council Of The City Of Baldwin Park Amending Section 153.170.105(H) To The Baldwin Park Municipal Code Relating To Billboards;" and 3. Introduce for first reading, by title only and waive further reading, Ordinance 1399, entitled, "An Ordinance Of The City Council Of The City Of Baldwin Park Authorizing The City Of Baldwin Park To Enter Into A Development Agreement With Becker Boards Small, LLC For The Approval Of A New Digital Billboard Structure At The Real Property Located At 1919 Puente Avenue Along The 1-10 Freeway Within The City Of Baldwin Park." Mayor Pro Tem Rubio opened the public hearing at 8:14 p.m. and invited those wishing to speak in support of the item to come forward and be heard. ,jsgj�h White, Becker Boards, thanked Council for their consideration. Seeing no others wishing to speak, Mayor Pro Tem Rubio invited those wishing to speak in opposition to the item to come forward and be heard. Seeing no one come forward to speak in opposition, Mayor Pro Tem Rubio closed the public hearing at 8:15 p.m. A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to: Adopt Resolution No. 2017-180, entitled "A Resolution Of The City Council Of The City Of Baldwin Park Recommending That The City Council Approve And Adopt (1) The Mitigated Negative Declaration Of Environmental Impact (2) An Amendment To The City's Municipal Code Relating To Development Standards For Billboard Uses; And (3) A Development Agreement For The Construction Of A New Digital Billboard (1919 Puente Ave); (Locations: Citywide And 1919 Puente Ave.; APN: 8558-033-005; Applicant: Becker Boards Small, LLC; Case Numbers: AZC-185 And DA 16-01);" and 2. Introduce for first reading, by title only and waive further reading, Ordinance 1398, entitled, "An Ordinance Of City Council Of The City Of Baldwin Park Amending Section 153.170.105(H) To The Baldwin Park Municipal Code Relating To Billboards;" and 3. Introduce for first reading, by title only and waive further reading, Ordinance 1399, entitled, "An Ordinance Of The City Council Of The City Of Baldwin Park Authorizing The City Of Baldwin Park To Enter Into A Development Agreement With Becker Boards Small, LLC For The Approval Of A New Digital Billboard Structure At The Real Property Located At 1919 Puente Avenue Along The 1-10 Freeway Within The City Of Baldwin Park." AYES: NOES: ABSENT: ABSTAIN: Baca, Pacheco, Rubio None Garcia, Lozano None Regular Meeting of 4/19/17 Page 8 of 10 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-18 Staff recommends Council open the public hearing and, following the public hearing, approve the FY 2017-18 BIT Allocation Budget and approve Resolution No.2017-184, entitled "A Resolution of the City Council of the City of Baldwin Park, Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2017-2018." Mayor Pro Tem Rubio opened the public hearing at 8:17 p.m. and invited those wishing to speak in support of the item to come forward and be heard. Seeing no one wishing to speak, Mayor Pro Tem Rubio invited those wishing to speak in opposition to the item to come forward and be heard. rgq Tgttlt, Baldwin Park business owner, expressed objection to the assessment alleging that the only expenditures from the fund that have proven to be any benefit to local businesses has been the street market; implied that the money is used for events that have no impact on business development. Seeing no others wishing to speak, Mayor Pro Tem Rubio closed the public hearing at 8:21 p.m. A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to bring this item back at the next Regular Council Meeting on the date certain of May 3, 2017, for further consideration by Council. AYES: NOES: ABSENT: ABSTAIN REPORTS OF OFFICERS Baca, Pacheco, Rubio None Garcia, Lozano None 15. DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK TRANSIT BUS WRAPS AND SELECTION OF THE BALDWIN PARK COMMUTER CONNECTOR EXPRESS LINE TRANSIT BUS MODEL Staff recommends that Council: 1. Select and approve a bus wrap design for the Baldwin Park Transit Buses; and 2. Select and approve a transit bus model for the Baldwin Park Commuter Connector Express Line. A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to bring this item back at the next Regular Council Meeting. AYES: NOES: ABSENT: ABSTAIN Baca, Pacheco, Rubio None Garcia, Lozano None Regular Meeting of 4/19/17 Page 9 of 10 16. FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY Staff recommends that council receive and file the Fourth of July Safety Enhancement Report. A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to bring this item back at the next Regular Council Meeting. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None 17. JANUARY 2017 AND FEBRUARY 2017 CRIME STATISTICS Staff recommends that Council receive and file the report. A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia and Lozano absent) to bring this item back at the next Regular Council Meeting. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Rubio, seconded by Pacheco, to adjourn the meeting at 8:25 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Regular Meeting of 4/19/17 Page 10 of 10 MINUTES BALDWIN PARK FINANCE AUTHORITY APRIL 19, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Pro Tem Rubio at 8:25 p.m, ROLL CALL Board Members resent: Council Member Cruz Baca Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio ABSENT: Council Member Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Pro Tem Rubio opened Public Communications at 8:25 p.m. and seeing no one wishing to speak, Public Communications closed at 8:25 p.m. CONSENT CALENDAR TREASURER'S REPORT: FEBRUARY 2017 Staff recommends that the City Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (3 — 0 — 2; Garcia and Lozano absent) to receive and file the February 2017 Treasurer's Report. AYES: Baca, Pacheco, Rubio NOES: None. ABSENT: Garcia, Lozano. ABSTAIN: None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Rubio, seconded by Pacheco, to adjourn the meeting at 8:25 p. M. Mayor ATTEST: City Clerk APPROVED, MINUTES BALDWIN PARK HOUSING AUTHORITY APRIL 19, 2017, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Pro Tem Rubio at 8:25 p.m. ROLL CALL Board Members resent: Council Member Cruz Baca Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio ABSENT: Council Member Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Pro Tem Rubio opened Public Communications at 8:25 p.m. and seeing no one wishing to speak, Public Communications closed at 8:25 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: FEBRUARY 2017 Staff recommends that the City Council receive and file the Treasurer's Report. A motion was made by Rubio, seconded by Pacheco, and carried (3 — 0 — 2; Garcia and Lozano absent) to receive and file the February 2017 Treasurer's Report. AYES: Baca, Pacheco, Rubio NOES: None ABSENT: Garcia, Lozano ABSTAIN: None ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Rubio, seconded by Pacheco, to adjourn the meeting at 8:25 p. M. Mayor ATTEST: City Clerk APPROVED: MINUTES ITEM NO. 96 BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING MAY 17, 2017, 6:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:05 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:05 p.m. Seeing no one wishing to speak, Public Communications closed at 6:05 p.m. OPEN SESSION 1. DISCUSSION REGARDING MEDICAL CANNABIS Presentation by City Attorney Robert Tafoya City Attorney Tafoya provided a draft ordinance for Council consideration and noted that the draft was prepared as a culmination of research on similar municipalities' ordinances and industry information; suggested that Council review the ordinance and bring forward any feedback. As Council discussion continued, Mr. Tafoya stated that the ordinance is being drafted to follow the framework of state law, including the permit tiers outlined at the state level; council expressed the desire to limit the business operations to cultivation and manufacturing only. Council expressed the desire to hold community outreach workshops to provide information to the public that will clarify the narrow parameters being considered and receive any feedback; through discussion, tentative locations and a draft schedule were developed and staff was directed to implement a plan; once all workshops are concluded, the City Attorney bring forward a revised draft ordinance. RECESS TO CLOSED SESSION 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Community Development Director Public Works Director Special Meeting of 5/17/17 Page 1 of 2 ...ds'sig, _ntatives: Shannon Yauchzee and Robert Tafoya nLa te� A --t�E . 12(ese........ . - QEI.[f,J,'-)resenteqk-nIP-1 yp�t(§J: Chief Executive Officer; Community Development Director; Police Chief; Public Works Director; Finance Director; Recreation and Community Services Director; Human Resource Manager; City Planner; Chief Deputy City Clerk, Housing Authority Manager Significant exposure to litigation pursuant to paragof subdivision (d) of Giovernment Code Section 54956.9: Potential Case(s): Four (4) ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Baca, to adjourn the meeting at 7:13 p.m. REPORT ON CLOSED SESSION* Mayor Lozano reported out of Closed Session that, by a vote of 3 - 2 (Garcia and Lozano voting No), the decision was made to move forward with hiring a Community Development Director. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 5/17/17 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MAY 17,2017,7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:15 p.m. INVOCATION The invocation was provided jointly by Pastor Flores and Pastor Jackson, PLEDGE OF ALLEGIANCE The Baldwin Park Color Guard presented the City, State and National Flag The Mayor then led the Pledge of Allegiance. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that, by a vote of 3 — 2 (Garcia and Lozano voting No), Council voted to proceed with the hiring of a Community Development Director. ANNOUNCEMENTS Mayor Pro Tem Rubio wished all the mothers a [belated] Happy Mother's Day. Council member Pacheco thanked Recreation and Community Services staff for their work on the Mother's Day Dance event; commented on the decision to terminate David Salcedo and provided some of the issues that occurred which were factored in his decision. City Clerk Avila extended thanks to members of the Police Department who spent time at the Rachael Holiday Children's Care Center. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Presentation of Proclamation recognizing May 2017 as National Lupus Awareness Month Mayor Lozano presented the Proclamation to representatives from the Lupus Outreach Group from Kaiser Permanente and commented all those who provide support and aid to sufferers of Lupus. • Presentation of Certificates of Recognition to Sharon Stone, Sierra Vista High School Student, and Damaris Garcia, Baldwin Park High School Student, as recipients of the Mark Daniel Flores Music Scholarship. Following a performance by Sharon Stone on the flute and a song by vocalist Damaris Garcia, Mayor Lozano presented Certificates of Recognition to each performer and congratulated them on their achievement and talents. • Presentation of Certificates of Recognition to Winners of the 2017 Arbor Day Celebration Art Contest. Mayor Lozano presented Certificates of Recognition to each of the Art Contest Winners in categories ranging from Kindergarten to Sixth Grade. • Introduction of new sworn officers of the Baldwin Park Police Department. Captain Doug Parnell introduced each of the newly sworn officers, providing a brief biography on each, and welcomed them to the City's Police Department. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:11 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. ,ArmtLio hur�a, Baldwin Park resident, commented on the City's current financial state and alleged that Council mismanages the City's finances. Gabriel mir z, EI Monte resident, spoke in support of reinstating the Police Helicopter Program (Item No. 8). jrjq.r7,,,l,_p, Baldwin Park resident, commented on the qualifications of interview panelists who participated in the interview process for the Police Chief position; pointed out that the executive staff that served as panelists have no knowledge of police department operations. grqq Tuttlp, Baldwin Park business owner, voiced objection to the proposed increase to the Business Improvement Tax (BIT) and how the funds are spent; opined that none of the expenditures benefit the local businesses; asserted that David Salcedo was a "rogue cop" and supports bringing back Michael Taylor. A concerned citizen asserted that the community needs to come together; opined that members of the audience should treat Council with respect despite differences. M rggrit V [g , noted that Council is not following the order of the agenda; stated that the parking area around the WalMart is badly in need of maintenance. d, lgtfgs opined that some Council members are trying to smear the reputation of David Salcedo; opined that Council should have disclosed openly the reason for the dismissal of Mr. Salcedo. Hector, Baldwin Park resident, apologized to Council members for previously asserting his opinion aggressively; pointed out that David Salcedo consulted with police captains prior to sending the letter of cancellation of the police helicopter program; expressed support for Mr. Salcedo. Vice Chair for the Latino Business Association, expressed disappointment in the dismissal of David Salcedo from the Police Chief position and encouraged his reinstatement; opined that leadership should be setting an example. A concerned citizen made derogatory comments about Council members and asserted that there would be investigations; asserted that Latinos had been dismissed from key positions and that dismissal of Mr. Salcedo was a continuation of that trend. Seeing no others wishing to speak, Public Communications closed at 8:40 p m. Council members commented on testimony related to the dismissal of David Salcedo from the Police Chief position, both in support of and in objection to his termination; Mayor Lozano commented on the police helicopter program and its reinstatement CONSENT CALENDAR Council pulled Item Nos. 4-A, 8, 9, 10 and 11 from Consent Calendar for further discussion. Regular Meeting of 5/17/17 Page 2 of 9 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. TREASURER'S REPORT — MARCH 2017 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Springer, Victoria Claimant alleges the City has an agreement with Foothill Transit to provide regional transit services for the City. The Claimant was a passenger on a Foothill Transit bus where she claims to have been injured. Vargas, Michael Anthony Claimant alleges the police department illegally towed and impounded his vehicle A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Housing Authority, Finance Authority and Special City Council Meetings held on April 19, 2017. B. Meeting Minutes of the Special and Regular City Council Meetings held on May 3, 2017 A motion was made by Garcia, seconded by Pacheco, and carried (5 — 0) to bring Meeting Minutes identified as Item 4-A back at the next Regular meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the minutes identified at Item 4-13 Regular Meeting of 5/17/17 Page 3 of 9 AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. ACCEPT PLANS AND SPECIFICATIONS AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2017-0185 — ALLEYWAY STREET IMPROVEMENTS PROJECT Staff recommends that Council accept the plans and specifications, and authorize staff to advertise the Invitation to Bid. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to accept the plans and specifications, and authorize staff to advertise the Invitation to Bid for City Project No. 2017-0185 — Alleyway Street Improvements Project. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVAL TO ENTER INTO AN AGREEMENT WITH MT. SAN ANTONIO COLLEGE SCHOOL OF CONTINUING EDUCATION DIVISION FOR AN AQUATIC PROGRAM Staff recommends that Council approve and authorize the Director of Recreation and Community Services to execute the Use of Facilities Agreement with Mt. San Antonio College School of Continuing Education for the Baldwin Park Aquatic Center to create an aquatic program partnership. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and authorize the Director of Recreation and Community Services to execute the Use of Facilities Agreement with Mt. San Antonio College School of Continuing Education for the Baldwin Park Aquatic Center to create an aquatic program partnership. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2017-2018 Staff recommends that Council approve the Amendment to the Agreement with All City Management Services (ACMS) for crossing guard services for Fiscal Year 2017-2018; authorize the Mayor to execute the Amendment; and authorize staff to include the new contract price of $194,832 in the proposed budget for Fiscal Year 2017-2018 under account 100-30-390-51100- 13200-2. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve the Amendment to the Agreement with All City Management Services (ACMS) for crossing guard services for Fiscal Year 2017-2018; authorize the Mayor to execute the Amendment; and authorize staff to include the new contract price of $194,832 in the proposed budget for Fiscal Year 2017-2018 under account 100-30-390-51100-13200-2. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. REQUEST TO REINSTATE POLICE HELICOPTER PROGRAM Staff recommends that Council authorize the Acting Chief of Police to make all necessary arrangements with the EI Monte Police Department to immediately reinstate Baldwin Park's partnership in the helicopter program under the same terms of the FY 2016-2017 agreement most recently in effect. Regular Meeting of 5/17/17 Page 4 of 9 Mayor Pro Tem Rubio sought clarification from Chief Executive Officer (CEO) Yauchzee as to whether a department head has the authority to terminate such a contract without Council approval and whether he had been consulted and provided guidance to former Police Chief Salcedo on such a decision. Interim Police Chief Doug Parnell stated that direction had been given by the CEO to seek ways to cut expenses for a 2% budget reduction across the board; said that former Chief Salcedo had approached police captains asking for recommendations where costs could be reduced or eliminated department wide and among the suggestions was cancelling the helicopter program; at a subsequent budget meeting, the suggestion of cancelling the program was brought up but CEO Yauchzee stated directly that the program could not be cancelled without Council approval. Chief Executive Officer Yauchzee stated that the contract does state that the contract can be cancelled by the City, which is represented by the legislative body, and that he did not authorize cancellation of the contract; concurred that the item was discussed in a budget meeting and that it was made clear that cancellation required Council approval; stated that he was informed by department staff after dismissal of Mr. Salcedo that the letter of termination had been sent. Council member Garcia asked about the communication [letter] and staff provided a copy of the correspondence that was sent to the City of EI Monte and asked whether the communication would be binding. City Attorney Tafoya confirmed that cancellation of the contract is only valid if authorized by the City Council and that presenting to Council the approval to reinstate the program memorializes the City's intent to continue the relationship. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to authorize the Acting Chief of Police to make all necessary arrangements with the EI Monte Police Department to immediately reinstate Baldwin Park's partnership in the helicopter program under the same terms of the FY 2016-2017 agreement most recently in effect, AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. RESOLUTION NO. 2017-188, APPROVING THE ENGINEERS REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2017- 2018, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2017-188 entitled, "A Resolution Of The City Council Of The City Of Baldwin Park, California, Approving The Engineer's Report For The Citywide Landscaping And Lighting Maintenance Assessment District For FY 2017-2018, Declaring The Intent To Levy And Collect Assessments, And Setting A Time And Place For Public Hearing." Council member Baca asked for clarification of the funding source for the improvements, to which Interim Public Works Gutierrez responded by noting that this item will approve the engineer reports and will be brought back in a public hearing, A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to waive further reading, read by title only, and adopt Resolution No. 2017-188 entitled, "A Resolution Of The City Council Of The City Of Baldwin Park, California, Approving The Engineer's Report For The Citywide Landscaping And Lighting Maintenance Assessment District For FY 2017-2018, Declaring The Intent To Levy And Collect Assessments, And Setting A Time And Place For Public Hearing." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 5/17/17 Page 5 of 9 10. RESOLUTION NO. 2017-189, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2017-2018, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2017-189 entitled, "A Resolution Of The City Council Of The City Of Baldwin Park, California, Approving The Engineer's Report For The Citywide Park Maintenance Assessment District For FY 2017-2018, Declaring The Intent To Levy And Collect Assessments, And Setting A Time And Place For A Public Hearing." Council member Baca asked for clarification of the funding source for the improvements, to which Interim Public Works Gutierrez responded by noting that this item will approve the engineer reports and will be brought back in a public hearing. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to waive further reading, read by title only, and adopt Resolution No. 2017-189 entitled, "A Resolution Of The City Council Of The City Of Baldwin Park, California, Approving The Engineer's Report For The Citywide Park Maintenance Assessment District For FY 2017-2018, Declaring The Intent To Levy And Collect Assessments, And Setting A Time And Place For A Public Hearing." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 11. ACCEPT PLANS AND SPECIFICATIONS AND AWARD OF BID FOR CITY PROJECT NO. 2016-0135 — MORGAN PARK AQUATIC CENTER CEILING MAINTENANCE Staff recommends that Council approve and award the contract to Lucas Builders, Inc,, in the amount of $59,000, and authorize the Mayor to execute the contract. Council member Baca asked for clarification of the funding source for the improvements, to which Interim Public Works Gutierrez responded that this item had been previously identified and had budgeted funds. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to approve and award the contract to Lucas Builders, Inc., in the amount of $59,000, and authorize the Mayor to execute the contract. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. AUTHORIZATION TO PURCHASE POLICE VEHICLES WITH FEDERAL ASSET FORFEITURE FUNDS Staff recommends that Council: 1) Waive the formal bidding process for the purchase of three (3) vehicles and installation of the emergency equipment on the vehicles pursuant to Baldwin Park Municipal Code §34.23(c); and 2) Authorize the Police Department to work in conjunction with the Public Works Department to purchase the new vehicles; and 3) Authorize the Finance Director to complete a budget amendment for an amount not to exceed $78,129.89, from account 205-30-360-58110 and designate $78,129.89 for restricted purchase of the new Police Department vehicles; and 4) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. Regular Meeting of 5/17/17 Page 6 of 9 A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to: 1) Waive the formal bidding process for the purchase of three (3) vehicles and installation of the emergency equipment on the vehicles pursuant to Baldwin Park Municipal Code §34.23(c); and 2) Authorize the Police Department to work in conjunction with the Public Works Department to purchase the new vehicles; and 3) Authorize the Finance Director to complete a budget amendment for an amount not to exceed $78,129.89, from account 205-30-360-58110 and designate $78,129.89 for restricted purchase of the new Police Department vehicles; and 4) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-18 Staff recommends that Council: 1) Approve the FY 2017-18 BIT Allocation Budget; and 2) Restore the full rate and approve Resolution No.2017-184, entitled "A Resolution of the City Council of the City of Baldwin Park, Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2017-2018;" 3) Provide staff direction on the appointment of a member of the public or business community to the Committee. Finance Director Tam narrated a PowerPoint presentation and responded to questions from Council. Council member Baca asked what the projected balance of the fund would be at the beginning of Fiscal Year 2018, after all expenditures are deducted, taking into consideration the inclusion of or elimination of the July 4 Celebration event; asked what percentage of the fees paid for business licenses is deposited into the Business Improvement Tax (BIT) Fund and how much goes into the General Fund; asked why it appears that the contract for pyrotechnics for 2017 appear to be more expensive than last year's "last minute" contract Finance Director Tam explained that the BIT assessments are deposited into the designated fund and none goes to the General Fund; explained that projections provided are based on the current reduced tax rate; Recreation and Community Services Director Carrillo responded to Council member Baca's inquiry into the cost differences. Council member Baca suggested that there may be other options to fund some of the desired events; suggested that options for funding the banner program, the parade and the July 4 event should be explored, possibly through corporate/business sponsorships, particularly with the possible budget shortfall. Mayor Pro Tem Rubio suggested that staff work on engaging local talents and businesses when planning next year's events; requested that a workshop be held well in advance of presenting the BIT Allocation Budget item to allow business the opportunity to provide input and to examine by line item the suggested expenditures. Regular Meeting of 5/17/17 Page 7 of 9 A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to: 1) Approve the FY 2017-18 BIT Allocation Budget; and 2) Restore the full rate and approve Resolution No.2017-184, entitled "A Resolution of the City Council of the City of Baldwin Park, Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2017-2018;" 3) Bring back at a future meeting the appointment of a member of the public or business community to the Committee. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 14. DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK TRANSIT BUS WRAPS AND THE BALDWIN PARK COMMUTER CONNECTOR EXPRESS LINE TRANSIT BUS MODEL Staff recommends that Council: 1) Select and approve a bus wrap design for the Baldwin Park Transit Buses; and 2) Select and approve a transit bus model for the Baldwin Park Commuter Connector Express Line. Dan Bartenson, Evans Brooks and Associates, reviewed a PowerPoint presentation with the vehicle selection options and the costs associated with each purchase; briefly discussed color/bus wrap options available for each model; responded to questions from Council. A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to 1) Direct staff to bring back at a future meeting the options for bus wrap designs for the selected vehicle; and 2) Select and approve the purchase of two Trolley model busses for the Baldwin Park Commuter Connector Express Line. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 15. A REQUEST FOR DIRECTION FROM THE CITY COUNCIL REGARDING EXISTING ON-CALL PROFESSIONAL SERVICES FOR THE PUBLIC WORKS DEPARTMENT AND COMMUNITY DEVELOPMENT (BUILDING) DEPARTMENT Staff recommends that Council provide direction. 1) Prepare and circulate an updated Request for Qualifications (RFQ) for General On -Call Professional Consulting Services for the areas noted above and extend the existing on-call professional listing until such time that the RFQ process is complete and a new listing for on- call professional services is established; or 2) Extend the existing on-call professional listing until June 30, 2019, and additional two years. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to bring this item back at the next Regular meeting for further consideration. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 5/17/17 Page 8 of 9 16. FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY Staff recommends that council receive and file the Fourth of July Safety Enhancement Report. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the Fourth of July Safety Enhancement Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK I CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion and consideration: • Mayor Lozano would like discussion and direction to postpone appointment of an Interim Police Chief due to budget constraints and the current projected deficit. Mayor Lozano requested that this item be discussed at the next Regular meeting. Request by Mayor Pro Tem Rubio for discussion and consideration: Mayor Pro Tem Rubio would like discussion and direction to approve a Resolution appointing Council member Cruz Baca as the primary representative for the San Gabriel Valley Council of Governments. Mayor Pro Tem Rubio suggested that Council member Baca be designated as the primary representative since she has been attending many of the meetings and has the flexibility to attend meetings on a consistent basis. A motion was made by Rubio, seconded by Baca, and passed (3 — 2; Garcia and Lozano voting No), to approve Resolution No. 2017-190, which designates Council member Cruz Baca as the Representative and Council member Monica Garcia as the Alternate for the City of Baldwin Park's seat on the San Gabriel Valley Council of Governments. AYES: Baca, Pacheco, Rubio NOES: Garcia, Lozano ABSENT: None ABSTAIN: None ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Baca, to adjourn the meeting at 9:52 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Regular Meeting of 5/17/17 Page 9 of 9 MINUTES BALDWIN PARK FINANCE AUTHORITY MAY 17, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 9:53 p.m ROLL CALL Board Members rerrt: Board Member Cruz Baca Board Member Monica Garcia Board Member Ricardo Pacheco Vice Chair Susan Rubio Chair Manuel Lozano PUBLIC COMMUNICATIONS Chair Lozano opened Public Communications at 9:53 p.m. and seeing no one wishing to speak, Public Communications closed at 9:53 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: MARCH 2017 Staff recommends that the Board receive and file the March 2017 Treasurer's Report. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Baca, to adjourn the meeting at 9:54 p.m. Chair ATTEST" Secretary APPROVED. MINUTES BALDWIN PARK HOUSING AUTHORITY MAY 17, 2017, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Chair Lozano at 9:54 p.m. ROLL CALL Board Menij? r present: Board Member Cruz Baca Board Member Monica Garcia Board Member Ricardo Pacheco Vice Chair Susan Rubio Chair Manuel Lozano Chair Lozano opened Public Communications at 9:54 p.m. and seeing no one wishing to speak, Public Communications closed at 9:54 p.m. 1. TREASURER'S REPORT: MARCH 2017 Staff recommends that the Board receive and file the Treasurer's Report, A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to receive and file the Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. MENT Thee be Ng no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Rubio, to adjourn the meeting at 9:55 p.m. Chair ATTEST; Secretary APPROVED°, STAFF WKPORT SUMMARY TO: FROM: ITEM NO. Honorable Mayor and City Councilmembers Amy L. Harbin, AICP, City N DATE: June 7, 2017 SUBJECT: APPROPRIATION OF ADDITIONAL FUNDS FOR INFRASTRUCTURE ENGINEERS BUILDING PLAN CHECK SERVICES. The purpose of this staff report is to request additional funds in the total amount of $50,000.00 for Building Plan Check Services FISCAL IMPACT Approval of this request for the additional funds for Building Plan Check Services will not impact the General Fund. Invoices from Infrastructure Engineers for off-site building plan check are paid through the plan check fees collected from the Applicants. RECOMMENDATION It is recommended that the City Council approve the additional appropriations in order to continue building plan check services through the end of the current fiscal year, June 30, 2017. BACKGROUND/DISCUSSION In June 2014, the City Council approved and subsequently amended in September 2015 an on- call professional service agreement with Infrastructure Engineers for Building Plan Check/ Interim Building Official Services for the Community Development Department and Design Services, Project and Construction Management for the Public Works Department. This fiscal year has seen a welcome increase in the number or larger scale projects approved by the City and submitted to the Building Division for plan check review, including: (1) Kaiser Permanente -500 Space Parking Structure, (2) Bulletin Displays six (6) digital billboard structures, (3) Williams Homes Indigo Project—thirteen single-family detached dwelling units, (4) Baldwin Park Homes—fourteen single-family detached dwelling units, and (5) 6,000+ s.f. retail building on the Oval Site adjacent to LA Fitness. April's invoice from Infrastructure Engineers is $41,158.07, and it is anticipated that the May and June invoices will average about $11,000 each. Staff is requesting an additional appropriation of $50,000.00 which will be paid from the plan check fees paid by the Applicant and will allow plan checking services to continue. LEGAL REVIEW None required. Budget Appropriation Infrastructure Engineers June 7, 2017 Page 2 ENKMAIM _ Should the City Council decide not to approve the additional funds, the city would be unable to continue providing building plan check services for Applicants. ATTACHMENTS #1, Table showing payments made to date to Infrastructure Engineers for Building Plan Check Services. TO INFRASTRUCTURE ENGINEERS FOR BUILDING PLAN CHECK SERVICES. INVOICES PAID TO INF IIASTI UCTURE ENGINEERS FOR BUILDING PIAN CHECK SERVICES DATE DESCRIPTION T m ........ 8/4/16 Inv. 21822—July m...-. - - - $11,787.87 . _ __..................... 9/13/16 Inv. ._ _ $8,010.52 10/5/16 .21863—August .... m........ Inv. 21922—September _..._ $871.47 10/10/16 Inv. 21935—Kaiser .. _ ..._ __.... Parking Structure #I Plan Check $10,710.00 _ 11/7/16 Inv. 21965—October ._._._._............................... ,.......... . $17,287.45 _ 11/19/16 n.m._._.. _-_......_ Inv. 22035—Kaiser g Plan ........................ Parkin Structure #2 n Check ------ ----- $10,430.00 _. ............. 1/9/171-- 1 /9/ 17 Inv. 22077—December ..__.. - -- .. .._------ $8,987.17 ..,.......�_ 2/8/17 22100—January ...........�,.. ... ....... ......................... -�,m�. $6,399.67 ............................... 3/13/17 .... ...Inv. ..µ. ....._..- .�. 1 Inv. 22194—Kaiser ............................. ........................... Parking Structure #3 Plan Check .........._ .,__ $5,250.00 4/11/17 Inv. 22206—March $22,161.89 �r............�.....�. 5/17/17 .. ,,,. ,,,,,m.... Inv. 22279—April ................ (Partial Payment) ------- ...._.1- $18, 103.96 ......... ...... —_ TOTAL PAID TO DATE: _ $120,000.00.. ITEM NO. STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS r'E FROM: AMY L. HARBIN, AICP, CITY PLA'NNII� °m -- 1 ,r ABRAHAM TELLEZ, ASSOCIATE PLANNER4.1- SA �i.7Ii�� E n r DATE: JUNE 7, 2017 SUBJECT: APPROVAL OF A 3 -PARTY AGREEMENT BETWEEN THE STETSON GROUP, INC., ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) AND THE CITY OF BALDWIN PARK FOR CEQA RELATED SERVICES FOR A PROPOSED SIX (6) STORY, 60,000 S.F. PROFESSIONAL OFFICE AND MEDICAL OFFICE BUILDING WITH RETAIL USES AT 14614-14622 DALEWOOD STREET SUMMARY This report requests City Council approval of a 3 -party Agreement between The Stetson Group, Inc., Environmental Science Associates (ESA) and the City of Baldwin Park. ESA is proposed to be contracted to prepare the California Environmental Quality Act (CEQA) paperwork associated with the entitlements for the proposed six story, 60,000 s.f. professional office and medical office building with retail located at 14614- 14622 Dalewood Street. FISCAL IMPACT There is no fiscal impact to the General Fund as the fees cover the City's costs. LEGAL REVIEW The City Attorney has reviewed the 3 -Party Agreement and it has been approved as to form and content. RECOMMENDATION Staff recommends that the City Council approve the 3 -Party Agreement between The Stetson Group, Inc., Environmental Science Associates (ESA) and the City of Baldwin Park and authorize the Mayor to execute the Agreement. BACKGROUND Arvind Lapsiwala, representing The Stetson Group, has submitted plans for Design Review and has obtained tentative approval for a proposed 6 -story, 60,000 s.f. office and medical office building with retail proposed for the properties located 14614-14622 Dalewood Street. Through the Design Review process it has been determined that the following entitlements are necessary to approve the project: 1) a�A�� tdol,e; Are��1itco to change the required parking stall size from 10 feet by 20 feet to 9 feet by 18 feet; and 2) Zone Variance to combine three lots into one with less than the minimum required lot size, lot width, and lot depth within the Freeway Commercial zone. The applicant is also request the zone variance to reduce the amount of required parking from 247 to 217 parking stalls; and 3) '��' e iitativ�. P' t c,c I 'hip to combine the three subject parcels into one. 3 -Party Agreement City, ESA, and The Stetson Group, Inc. Page 2 In addition because the project is considered a discretionary project, the project is subject to the California Environmental Quality Act (CEQA) and will, at a minimum, require a Mitigated Declaration of Environmental Impact. In order to facilitate CEQA review Arvind Lapsiwala has agreed to hire ESA to prepare the related CEQA documentation for the above listed entitlements for public hearing purposes. Additionally, Mr. Lapsiwala will pay for the consultant's work in addition to the City's 50% administration fee. In the attached 3 -Party Agreement, each entity has the following responsibilities: 1) City's Responsibility: Prepare, post, and mail public hearing notices, review consultants work product, monitor contract, and pay invoices submitted by consultant pursuant to 3 - Party Agreement. 2) Developer's Responsibility: Payment as stipulated in 3 -Party Agreement to the City, in the amount of $107,751 (Contract Price)' and review of work product and invoices submitted by consultant. 3) Consultant's Responsibility: See Attachment #2 for specific details. ALTERNATIVES There are no viable alternatives to not approving this agreement. Since Planning Division Staff does not have the level of expertise required to prepare defensible CEQA documentation, and such documentation is routinely contracted out to qualified consulting firms. ATTACHMENTS #1, 3 -Party Agreement #2, Proposal from ESA GAABRAHAM%EntitlementstZV-711 PM -1432 14614-22 Dalewood SRReports and Resolutions0alewood 3 -party Agreement CC Staff Report doc 3-PA,Rrl,,Y AGREEMENT THREE -PARTY CONSULTANT AGREEMENT Environmental (CEQA) Related Consultant Services This three -party agreement (hereinafter referred to as this "Agreement") is made and entered into by and among the City of Baldwin Park, a municipal corporation, (hereinafter referred to as "CITY"), Arvind Chimanlal Lapsiwala, MD representing The Stetson Group, Inc. (hereinafter referred to as "DEVELOPER") and ESA (hereinafter referred to as "CONSULTANT'). (Hereinafter, CITY, DEVELOPER and CONSULTANT are also referred to individually as "Party" or collectively as "Parties.") WHEREAS, to allow for DEVELOPER to: construct a six (6) story, 60,000 s.f. office and medical office building with retail uses. Floor areas and uses are broken down as follows; 8,000 s.f. is proposed for medical office, 1,200 s.f. for retail, and 50,566.47 s.f. is proposed for general office. The project proposes to provide 195 surface parking stalls and 22 subterranean parking stalls. DEVELOPER seeks a zoning code amendment to change the required parking stall size from 10 feet by 20 feet to 9 feet by 18 feet, a zone variance to combine three lots into one with less than the minimum required lot size, lot width, and lot depth within the Freeway Commercial zone, a zone variance to reduce the amount of required parking from 247 to 217 parking stalls and a tentative parcel map to combine the three subject parcels into one (hereinafter referred to as the "PROJECT'); WHEREAS, in order for CITY to be able to review and proceed with all necessary actions required as a result of the PROJECT, CITY has determined an agreement is needed for California Environmental Quality Act ("CEQA") related consultant services (herein after referred to as "Services" and as further defined below at paragraph 1) to review and process the PROJECT, and DEVELOPER has agreed to pay for the Services; WHEREAS, the parties understand this Agreement does not commit CITY to approve the PROJECT; WHEREAS, CITY desires to contract with CONSULTANT to conduct the Services, as described in this Agreement and DEVELOPER desires to join in this Agreement to agree to pay CONSULTANT and CITY for such Services. NOW, THEREFORE, the Parties agree as follows: 1. SCOPE OF SERVICES. CONSULTANT shall provide all the professional work (i) necessary for the satisfactory completion of the Services, as described in Exhibit "A," attached hereto and incorporated herein, and (ii) related to the PROJECT as reasonably needed and requested by CITY'S Community Development Director, or his/her designee. The requested work shall be deemed part of the Services (the above described scope of services shall be referred to herein as the "Services"). CITY retains full authority and discretion to review and approve, conditionally approve or deny the PROJECT. 2. TERM OF AGREEMENT. The Services shall be provided during the term of this Agreement which shall begin on the Effective Date, as defined in Paragraph 19 of this Agreement, and end not later than one hundred eighty (180) days after the Commencement Date (as defined in Exhibit B), unless otherwise terminated or the time is extended consistent with the provisions of this Agreement (the "Term"). After consultation with DEVELOPER, the Term may be extended by letter in the reasonable discretion of CITY'S Community -2- Development Director his/her designee, or by formal amendment to this Agreement executed by the Parties. CONSULTANT acknowledges and agrees the 180 -day term is an estimate only and CITY desires the Services be completed in a diligent and expeditious manner and within approximately ninety (90) days after the Commencement Date. 3. CONSULTANT REPRESENTATIVE. CONSULTANT'S professional services shall be performed by or shall be immediately supervised by Michael Houlihan, AICP, Principal Managing Associate, who shall act as CONSULTANT'S representative. Any change in CONSULTANT'S representative shall require prior written approval by CITY'S Community Development Director, or his/her designee, which approval shall be made in his/her sole discretion. 4. CONTRACT PRICE For all labor, materials and services provided by CONSULTANT, including all out-of-pocket expenses and reimbursables, CITY shall pay CONSULTANT a total fee not to exceed Seventy -One Thousand Eight Hundred Thirty Four dollars ($71,834.00) (hereinafter referred to as "Not -to -Exceed Fee"); provided, that the Parties understand and agree CITY shall have no obligation to pay CONSULTANT unless CITY has received from DEVELOPER sufficient funds to make any payment to CONSULTANT. Such fee shall not be exceeded without the express prior written consent of CITY'S Community Development Director, or his/her designee, after consultation with DEVELOPER. In addition, CITY shall charge DEVELOPER an administrative oversight fee of Thirty Five Thousand Nine Hundred Seventeen Dollars ($35,917) if CONSULTANT does not exceed the Not -to -Exceed Fee (hereinafter referred to as "Minimum Administrative Oversight Fee") or fifty percent (50%) of CONSULTANT'S total cost if CONSULTANT exceeds the Not -to -Exceed Fee ("Exceeded Administrative Oversight Fee") DEVELOPER shall pay to CITY, within five (5) days following the execution of this Agreement, the Not -to -Exceed Fee and the Minimum Administrative Oversight Fee together totaling One Hundred Seven Thousand Seven Hundred Fifty One Dollars ($107,751) (herein referred to as the "Contract Price"). In the event the CONSULTANT'S total fee exceeds the Not -to -Exceed Fee ("Exceeded Fee"), DEVELOPER shall pay to City the difference between the Not -to -Exceed Fee and the Exceeded Fee and the difference between the Minimum Oversight Fee and the Exceeded Administrative Oversight Fee. DEVELOPER acknowledges CITY will not authorize CONSULTANT to proceed under this Agreement until DEVELOPER has paid CITY the Contract Price. 5. PAYMENT SCHEDULE CONSULTANT shall submit invoices for work satisfactorily rendered to CITY. CONSULTANT shall submit invoices to CITY on a monthly basis, which shall contain a reasonably detailed statement of each task for which work was performed, the number of hours for such task, the professional who performed the task, his or her hourly rate and the cost of materials. Prior to paying CONSULTANT any such cost or expense for Services, CITY shall provide DEVELOPER a copy of the invoice for its review. DEVELOPER shall have the right to object to the payment of any invoice by written notice to CITY'S Ell Community Development Manager delivered within ten (10) days after delivery of the subject invoice to DEVELOPER. Those invoices not objected to by DEVELOPER within ten (10) days after delivery of the subject invoice shall be deemed approved by DEVELOPER and may be paid by CITY. Each invoice shall be paid by CITY within thirty (30) days after approval from CITY and DEVELOPER. 6. ADDITIONAL SERVICES. In the event CITY determines additional services, not covered by Services described in Exhibit 'A," are needed for the PROJECT, then CITY shall consult with DEVELOPER. CITY shall not authorize CONSULTANT to proceed with any additional services unless DEVELOPER has agreed to pay for the additional services in writing, whose approval shall not be unreasonably withheld. 7. INDEMNIFICATION CONSULTANT shall protect, defend, indemnify, and hold harmless DEVELOPER, CITY, and each of their elected and appointed boards, officers, agents, attorneys and employees (hereinafter referred to collectively as "INDEMNIFIED PARTIES") from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorney fees and costs, for injury to or death of any person, and for injury to any property, including consequential damages of any nature resulting therefrom, to the extent arising out of or in any way connected with the performance of this Agreement, by or on behalf of CONSULTANT; provided, that CONSULTANT'S obligation to indemnify and hold harmless shall only be to the extent CONSULTANT or its employees, agents or officers causes the damages. CITY does not, and shall not, waive any rights against CONSULTANT because of the acceptance by CITY of the 162 insurance policies described in this Agreement. In the event any of INDEMNIFIED PARTIES are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONSULTANT or its employees, agents or officers, CONSULTANT shall not be relieved of its indemnity obligation to INDEMNIFIED PARTIES by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against INDEMNIFIED PARTIES. 8. INSURANCE Without limiting its obligations pursuant to Paragraph 7, CONSULTANT shall name INDEMNIFIED PARTIES as additional insureds on the policies listed in subparagraphs (b) and (c), below, and shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Professional/negligent acts, errors and omissions insurance in an amount of One Million Dollars ($1,000,000.00); (b) Comprehensive general liability in the amount of One Million Dollars ($1,000,000.00), including premises -operations, products/completed operations, broad form property damage and blanket contractual liability; and (c) Automobile liability for owned, hired, and non -owned vehicles in the amount Five Hundred Thousand Dollars ($500,000.00). A Certificate of Insurance for all the foregoing policies and an Additional Insured Endorsement for the general liability policy signed by CONSULTANT'S insurance carrier in a form approved by CITY'S City Attorney must be provided prior to payment of the Contract Price pursuant to this Agreement. 9. WORKERS' COMPENSATION INSURANCE. In addition to the insurance coverage in Paragraph 8 above, CONSULTANT shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in the statutorily required amounts. Neither the failure of CONSULTANT to supply specified insurance policies and coverage, nor the failure of CITY to approve the same, shall alter or invalidate the provisions of Paragraph 7 of this Agreement. 10. ASSIGNMENT. No assignment by CONSULTANT of this Agreement will be recognized by CITY and DEVELOPER unless such assignment has prior written approval of CITY and DEVELOPER. Any assignment without such consent shall be voidable and shall, at the option of CITY and DEVELOPER, terminate this Agreement. 11. TERMINATION OF AGREEMENT. CITY or DEVELOPER may terminate this Agreement at any time by giving the other party ten -working days' (10 -working days') prior notice in writing to all the Parties; provided, that CONSULTANT is entitled to payment for Services satisfactorily rendered prior to such termination based on time and materials actually expended, subject to the provisions of Paragraph 4 of this Agreement. 12. AMENDMENT Except to the extent expressly provided herein, this Agreement, and the provisions contained herein, may not be altered, changed or amended, except by mutual consent of the Parties, in writing and signed by all Parties. 13. INDEPENDENT CONTRACTOR STATUS. N At all times during the performance of this Agreement, CONSULTANT shall be an independent contractor of CITY, and shall not be (nor hold its employees, agents or officers out to be) employees, officers or agents of CITY or DEVELOPER. CONSULTANT shall at its own expense secure and be responsible for any and all payments of Income Taxes, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and all other payroll deductions required of CONSULTANT and its officers, agents and employees and penalties assessed for non- payment of the same. 14. SEVERABILITY. If any clause, provision or section of this Agreement shall be ruled invalid by any court of competent jurisdiction, then the invalidity of such clause, provision or section shall not affect any of the remaining provisions hereof. 15. GOVERNING LAW/COMPLIANCE WITH LAWS. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Parties agree to be bound by all federal, state and local laws, ordinances, regulations and directives pertaining to the Services. If litigation arises out of this Agreement, then venue shall be the Superior Court of Los Angeles County. 16. WAIVER. Waiver by CITY or DEVELOPER of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such terms, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. M 17. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the Parties for the Services and supersedes any and all prior negotiations, representations or agreements, either oral or written. 18. OWNERSHIP OF REPORT. Without prior written approval from CITY, CONSULTANT shall not provide any information, data or exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement to any person other than CITY. All such reports, information, data, and exhibits shall be the property of CITY. Upon demand, the original documents shall be delivered to CITY and a copy shall be delivered to DEVELOPER without additional cost or expense to CITY or DEVELOPER. CONSULTANT shall have the right to retain copies of CONSULTANT'S work upon completion of CONSULTANT'S services pursuant to this Agreement. All written documents shall be provided to CITY in digital and in hard copy form. 19. EFFECTIVE DATE. The effective date of this Agreement is the date it is signed on behalf of CITY (herein referred to as "Effective Date") 20. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. M DEVELOPER: Dated: By: Arvind Chimanlal Lapsiwala, MD The Stetson Group CONSULTANT: ESA Dated: µ._....... By .............._..._............... Deanna Hansen Vice President Dated: Attest: Alejandra Avila, City Clerk APPROVED AS TO FORM: Tafoya & Garcia By: . . . _ ___ ....... ._......._..................... Robert Tafoya, City Attorney CITY: THE CITY OF BALDWIN PARK, a municipal corporation By: ........... Manuel Lozano Mayor -10- Exhibit "A" Page 1 of 1 Exhibit "B" Schedule CONSULTANT will proceed with the Services pursuant to this Agreement within five (5) working days after receipt of written authorization from CITY (the "Commencement Date"). CONSULTANT acknowledges the 180 -day term to finish the Services is an estimate only. CONSULTANT shall in his best efforts in a diligent and expeditious matter to complete the Services within 90 days after the Commencement Date. CITY and DEVELOPER acknowledge the above are estimates only. Page 1 of 1 City of Baldwin Park Proposal for Environmental Consulting Services for 14614-14622 Dalewood Street Retail and Medical Office Building ))pop I ",' 626 Wilshire Boulevard vvw N ;��,o con) ` �L I/ Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 filaµ; January 30, 2017 Abraham Tellez, Associate Planner City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91765 Subject: Response to Request for Proposal for Environmental Consulting Services for 14614-14622 Dalewood Street Retail and Medical Office Building Dear Mr.Tellez: Environmental Science Associates (ESA) is pleased to submit this proposal to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) and related California Environmental Quality Act (CEQA) documentation for the proposed Retail and Medical Office Building project in the City of Baldwin Park. With more than 475 professionals on staff, ESA is one of the few firms remaining in the state that is focused solely on environmental services, compliance, implementation, and planning—it's our core business. Because of this, ESA has substantial in-house seasoned professionals uniquely capable of meeting the City's needs for environmental services. ESA brings recent and relevant expertise in environmental documents, especially IS/MNDs. We have a seasoned, respected management team and technical specialists that have years of experience working on land development projects. Our proposed team for the City of Baldwin Park 14614-14622 Dalewood Street Retail and Medical Office Building will be managed by staff from our Los Angeles and Irvine offices. To meet the City's need for responsive environmental consulting services for the preparation of environmental documentation for the project, ESA has assembled a team of management and technical professionals who have excellent and long-standing working relationships with our clients. Michael Houlihan will serve as the Project Director and provide strategic input, assist with scoping environmental documentation, and provide technical quality assurance and quality control of all work products. Mike has more than 30 years of experience as a CEQA practitioner, project manager, and project director with experience leading and overseeing preparation of EIRs and MNDs for a range of institutional, mixed use, commercial, and residential projects throughout southern California. He has recent experience working with City staff through the completion of a peer review of the Irwindale Materials Recovery Facility and Transfer Station EIR. Kimberly Comacho will serve as the Project Manager and the day-to-day point of contact for the environmental process. She will oversee preparation of the MND, manage technical product, facilitate communication and transfer of information, provide strategic advisory input, ensure budget and six-month schedule adherence, and provide quality assurance and quality control to ensure efficient and timely progress of project milestones. Kimberly will bring over 10 years of experience in the environmental review process and will be available to provide expertise related to all aspects of CEQA. I am an officer of the firm and am authorized to bind the firm to all commitments made in the proposal and to represent ESA in contracting. My contact information is: Deanna Hansen, Vice President 626 Wilshire Boulevard, Suite 1100 Los Angeles, CA 90017-2934 P: 213.599.4300 1 F: 213.599.4301 sincereiy,, °Mina Haiisen,, Cornmunity Deve loprrient 1)irect:or o y' Y IIII �I /4 Secllltilla�n Entity Background Environmental Science Associates (ESA) was founded in California, shortly before enactment of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) - landmark laws that have greatly influenced environmental planning and analysis across the country. Founded in 1969 by three scientists, the Foster City, California firm quickly became known for its high-quality CEQA documentation and science -based environmental impact analysis. in 1974, ESA srrorte tri toryby Arortrrctoq the brat environmental impact report on o work of art Chrrsto:ls Arrooing Fence EIR, now part lot' the Smithsonian. In the early 1980s ESA moved its headquarters to San Francisco. The firm prepared the landmark San Francisco Downtown Plan EIR and subsequent EIRs on many of the city's signature structures and shoreline—shaping the city's skyline while protecting its character. Since then, we've evolved into a broad -service environmental science and planning firm committed to sustainability, effective problem -solving, and delivering integrated solutions throughout the U.S. We assist clients in the earliest phases of project conception, through environmental review and regulatory approval, to project implementation and follow-through. As the fields of environmental science and community planning have grown more complex and controversial, we've stayed in the forefront by deepening key technical service capabilities. Beginning in the late 1970s we augmented our organic growth through a number of selective, strategic acquisitions and mergers. Earlier this year, PCR Services Corporation (PCR) joined forces with ESA, strengthening our technical expertise in air quality, noise, biological resources, cultural resources, and CEQA analysis. We now serve our clients with more than 142 technical experts in Southern California. In addition to this growth in technical capacity, we have expanded to three new locations, Pasadena, Santa Monica, and Irvine. ESA has grown to a leading environmental science and planning firm of more than 475 professionals located within 14 offices across California, Oregon, Washington, and Florida. We are one of California's most well- established, environmental consulting firms, with over 48 years of experience entirely focused on environmental January 30, 2017 City of Baldwin Park / Dalewood Street Office Building Environmental Documentation ,i i Aroi ii wrdrfl c(,, compliance pursuant to CEQA/NEPA, urban and regional planning, permitting, and construction/mitigation monitoring. We are a small enough firm that we can be nimble in response to changing client and project requirements, yet we are large enough to provide all of the technical services that might be needed when preparing a CEQA and NEPA or planning document, such as biology, cultural resources, air quality, climate change, greenhouse gas, noise, environmental hydrology, water quality analysis, geological evaluations, and traffic and transportation planning. One of our major strengths lies in fostering and managing the teamwork and coordination required preparing high-quality interdisciplinary environmental documents in an efficient and effective manner. Ar and NNl s ESA's air quality, climate change, and acoustical scientists and engineers provide expert advisory and analysis regarding air quality, sustainability, climate change/greenhouse gas emissions, risk assessments, noise and vibration analyses, and monitoring. Well-versed and up-to-date on dynamic regulatory requirements, we are known for preparing solid, defensible documentation for a diverse clientele with varying project needs. ESA professionals develop economically feasible and technically practical solutions for the most challenging project circumstances. As a result of our continued success, ESA is regularly involved in many of the region's most complex and challenging projects, often involving several stakeholders, including federal, state, and local agencies. ESA's in-house Biological Resources group includes more than 58 specialists in botany and plant ecology, wildlife biology, fisheries, aquatic ecology, wetland permitting, and restoration, providing a full range of biological resource capabilities. We have close relationships with regulators through our ongoing experience in obtaining permits including the USFWS - Section 7 and Section 10 consultation under the federal ESA; USACE - Section 404 and Section 10 (coastal); CDFW - 2081 or 2080.1 consistency determinations; CDFW - Streambed Alteration Agreements; and RWQCB - Section 401. ESA's in-house Cultural Resources group consists of a highly qualified team of cultural resources specialists who are expert in the areas of archaeological resources, historic architectural resources, ethnographic resources, and paleontological resources. ESA excels at expediting the necessary agreements and permits with federal, state, and local agencies, Native American tribes, and other interested parties as well as avoiding the types of difficulties that may otherwise delay a project. Fleriir nli fllu..n ESA's permitting specialists maintain respectful working relationships with resource agency staff and bring a keen understanding of state and federal environmental regulations. We deliver workable solutions for our clients' unique challenges. Our team regularly follows projects through permitting and construction, collaborating with clients and contractors to provide worker education programs, compliance monitoring, and reporting. After construction is complete, we provide ongoing monitoring services to ensure compliance with permitting and regulatory requirements. From the initial field investigations through permit review, construction, and mitigation monitoring, we demonstrate a high level of accuracy, integrity, and scientific rigor that informs the best possible outcomes. The ESA Team provides the full array of technical expertise requested in the RFP. We are excited to bring our expertise to this project, and we are confident that our institutional knowledge can be leveraged to the City of Baldwin Park (City). S&11103.111111ha�rl .................... ____ Previous Experience ESA's reputation for responsive service, technical excellence, and quality work, has allowed us to establish strong long-term relationships with our clients. ESA has substantial experience in the preparation of CEQA environmental documents for a wide variety of projects, and those applicable to office/commercial development projects. ESA will combine this experience with expertise in the preparation of environmental documentation for the Dalewood Street Office Building Initial Study/ Mitigated Negative Declaration (IS/MND). Our project experience is provided below in Table 2-1. TABLE 2-1: ESA'S PROJECT EXPERIENCE c`u y of IIIIMdvyvhrii Ill',)Ia i 6ti City cw,f III'Ilalllldw'iiin III''!'&iHk SIII'cec'iiiflpc IIi4air: III'Illl�llll'f ESA prepared CEQA documentation and environmental planning City services associated with the Baldwin Park Transit Oriented District (TOD) Specific Plan for the Downtown Area of Baldwin Park. This project aimed to encourage transit -oriented development, promote active transportation, reduce vehicle miles traveled, and streamline the environmental review process for future projects. The Baldwin Park TOD Specific Plan will serve as the model for the City's future TOD specific plans. This project offered numerous opportunities for the City to build on its unique historic and cultural characteristics to enhance the Downtown core, create a strong community identity and sense of place, provide new employment, housing and shopping opportunities, and strengthen the City's tax base. Seven opportunity sites within one half mile of the Metro Station and future Transit Center parking structure allowed significant potential for new development and adaptive reuse of existing under-utilized structures to better serve the transit -oriented downtown area. The Specific Plan will guide future development of mixed uses in a walkable environment, streamline the development process, and serve as an incentive for economic development. !I aidwiiii : III'IarlllcIIIC)owinto ir:llll')uirrsOef. Ill%ias eii IIIlan IIII!'°']lR I ESA completed an EIR forthe proposed amendments to the Baldwin Park General Plan and Zoning Ordinance that encompass over 120 -acres and included the development of 8,000 new condominium units and approximately 1.5 million square feet of commercial development on 120 -acres of Baldwin Park's core downtown area. This project required the extensive use of eminent domain; and included amendments to two Redevelopment Plans. ESA coordinated and participated in multiple meetings with the public, City staff, and the Applicant's team to receive feedback about the project and potential environmental issues. Environmental issues included traffic, air quality, aesthetics, hazardous materials, utilities and service systems, public services, and the potential for urban decay. Peer IIReview Services I ESA has a history of providing peer review services for the City of Baldwin Park. In 2014 and 2016, ESA was retained by the City to provide technical peer review of the City of Irwindale's Material Recovery Facility and the Transfer Station Project Draft EIR and Recirculated Draft EIR, respectively. In addition, in 2014 ESA was retained by the City to provide technical peer review of the City of Irwindale's Olive Pit Mine and Reclamation Project Draft EIR. January 30, 2017 City of Baldwin Park / Dalewood Street Office Building Environmental Documentation nilrl ,) ifi�, it (Jr,i im liiiiifiall l.ut uluv y ai°7id 14'rftig!;,atiori l` �e��iraflFve IL)e 1airaikliriu 1..xw, erueiriVice Vhrui°°liiii°uieirs l° lospltals foil Olflidii°°ein IllDroject IIICIIIND (City of l")asadeina) - ESA prepared a MND forthe redevelopment of a project site within a medical use area of Pasadena along South Fair Oaks Avenue. Developed with office uses and parking, the project included the demolition of all on-site structures and develop a 74,800 -gross -square -foot, state-of-the-art, not-for-profit children's medical center. The proposed three-story facility would include an ambulatory surgery center, medical clinic, and medical offices, as well as outdoor gathering areas, rehabilitation gardens, and 2.5 levels of subterranean parking. The project included an increase in landscaping of 26 percent over the site, and result in a modern facility design to anchor the medical uses of the area. The project site is located in proximity to a light rail station, and is classified as a TOD. Primary issues addressed include those typical of infill redevelopment projects, including construction - related impacts, aesthetics, and land use consistency. The project was completed on an aggressive schedule, with the Administrative Draft IS/MND complete four weeks from the initial project kickoff meeting and final city approval received approximately three months from that time. Construction began as planned in 2015. Pllhatiiinu'nuiir°iii PasarleinaIII'tesldein ilial I11ir°'o'lllect IIIVNIII[) (City of I)asadeii°ma) - ESA prepared a MND for a high-density multifamily TOD project on El Molino Avenue at Corson Street near the Lake Avenue Gold Line Station. The evaluation included several highly technical analyses for an MND -level document. This included a Historic Context Analysis due to the presence of an adjacent historically designated building, the Lukens House; an HRA to consider the potential health risks associated with siting residences in proximity to Interstate 210 (1- 210); and visual simulations (prepared byVisionScape). The MND required consideration of the City's new transportation metrics and incorporation of a City -prepared Transportation Analysis. The MND was approved by the Hearing Officer in October 2015, and construction was slated to begin end of 2016, of which ESA is providing mitigation compliance services. aC IIIIIII':ast CallI,foii°°iii ila Boulevard III'Diirojecmt 11111CIIlt (City of III'Dasadena) - ESA prepared an EIR for the redevelopment of a site with an office building on the corner of California Boulevard and Fair Oaks Avenue in the City of Pasadena. The project included the demolition of existing structures and surface parking areas to develop a four-story, 113,200 -gross -square -foot office building with 255 parking spaces within a two-level subterranean parking garage. The focus of the EIR included Air Quality, Noise, Cultural Resources (Historic and Archaeological), Hazardous Materials, Water Supply and Traffic. A key issue of concern for the project was potential impacts to historical neon and metal signage that would be relocated to a museum or other suitable institution as part of the project. ESA provided creative mitigation measures to ensure that the signage and their associated context would be preserved upon relocation. I1 mret Street Village l:)ro.,lect IIIVIIItIII';t (Carty of I'Iluiimllhsaiiulllr) - ESA prepared a MND for the redevelopment of a site with a mixed-use development in downtown Burbank adjacent to First Street and 1-5. The proposed project involved the removal of several existing buildings and constructing a mixed-use walkable TOD. The project included a total of three, five -story, buildings (up to a maximum of 76 feet tall), with a combined total of 283 apartments, a combined total of 13,765 square -feet of retail/commercial space on the ground floors, and a total of 662 parking spaces in ground -level, semi -subterranean, and subterranean garages. Working with sub - consultant Fehr & Peers, ESA also prepared the technical studies to support the environmental document. Downtowir°m West IIIVed"' w g ITIS (City of l.. os Aingeles) - ESA prepared an Initial Study in support lr,alll Office III''tu'riiillhdii�°m,. of a Class 32 Exemption for the Downtown West Medical Office Building in the City of Los Angeles. The project included the development of a 60,000 square -foot, four-story, medical office building and an aboveground parking structure offering approximately 523 combined surface and garage parking spaces onsite. Adjacent to a freeway on- and off -ramp, the project site included an existing multi -tenant administrative office building and an existing surface parking lot, a majority of which would be demolished as part of the proposed project. Two additional driveways would also be added to the site as part of the proposed project, for a total of six driveways onsite. ESA, with the City of Los Angeles as the lead agency, prepared the technical studies for air quality and noise, and the full array of analyses in support of this categorical exemption. Key issues for this project included traffic and parking, air quality and noise, land use and planning, and aesthetics. 628 New III°larollpsliiiihi e III' roject IIIM?Cl't (City of l..os Aiagoles) - ESA prepared a MND for the adaptive reuse of a historically significant structure to mixed -uses. The project included the rehabilitation and adaptive reuse of the historically significant 5 -story Wilshire Galleria (formerly I. Magnin) Building ("Galleria Building") as a 160 - room hotel, and construction of a new 7 -story mixed-use building and a 35 -story mixed-use high-rise building (Project) at 698 New Hampshire Avenue in the Wilshire Center- Koreatown Community Plan area. 6250 Sunset Iil ssex (City of Ill.. os AingO,es) - ESA prepared the EIR for the adaptive reuse of a seven -story building to house approximately 200 residential units, 5,000 square feet of ground floor commercial uses, and subterranean parkingjust west of the historic Earl Carroll Theater in Hollywood on Sunset Boulevard. Five percent of the residential units are restricted as very -low income. The project would also provide an approximately 7,000 square -foot pedestrian paseo between the new building and the Earl Carroll Theater that would protect the historic character of the theater and provide a new link to Sunset Boulevard and Leland Way. Given the location and community, key issues regarding the project analyzed in the EIR were the new building's compatibility with the Earl Carroll Theater and surrounding historic properties, visual character of the new building, lighting and signage, potential construction impacts to the Earl Carroll Theater building and nearby neighborhoods, air quality, noise and traffic. llvy Statmoin IIMND (Cculveir City) - ESA prepared an MND to address the proposed redevelopment of an approximately a 5.5 -acre triangular-shaped property at Venice Boulevard and National Boulevard, with portions of the site located in both Culver City and Los Angeles. The project, known as Ivy Station, is proposed as a TOD located adjacent to the Los Angeles Metropolitan Transportation Authority (Metro) Exposition (Expo) Line. Ivy Station would include a mix of office, retail, restaurant, residential and hotel uses replacing light industrial and commercial uses along Venice Boulevard and surface parking for the Metro Station. The goals and objectives for the site include bringing shopping, housing, and employment together to advance the goals of enhanced regional air quality and multi -modal mobility for Culver City, Los Angeles and the region; promoting the Expo Line connections to high traffic regional destinations with enhanced streetscape improvements. The project would include a stand-alone five -story office building with retail and restaurant uses on the ground floor, plus two interconnected five and six -story buildings with a 200 -unit residential building and a 148 room boutique hotel. All three proposed buildings would be connected through a series of landscaped courtyards and open spaces. ESA, with the City of Culver City as the lead agency, prepared the technical studies for air quality, noise, cultural resources, and the full array of analyses required under CEQA in support of an MND. Key issues included: traffic and parking, air quality and noise, land use and planning, and aesthetics. 8888 Wasllhiiriigtour°R IIIClllflll't (Culveuir City) - ESA prepared an MND to redevelop a 0.60 -acre property located at 8888 Washington Boulevard on the south side of Washington Boulevard between Higuera Street and Landmark Street in Culver City. The existing single -story auto repair shop building and associated asphalt - paved surface parking lot and vehicular storage area would be removed as part of the project. The project is proposing a mix of retail, restaurant, and office uses within a 4 -story building (up to 56 feet). On Level 1 (Ground Level), the building would include approximately 3,012 square feet (SF) of retail uses within the eastern portion and 2,589 SF of restaurant uses within the western portion. Levels 2 through 4 would include approximately 56,559 SF of office uses. Parking for the proposed uses would be provided on the Ground Level and within a 3 -level subterranean automated parking structure. January 30, 2017 City of Baldwin Park / Dalewood Street Office Building Environmental Documentation envii,ollinenIN as mc!Mos S cuuu uuuu ion 3 Project Approach Based on review of the proposed project information, review of aerial and ground -level photographs, and knowledge of the CEQA statute and guideline requirements, ESA concurs with the City of Baldwin Park's preliminary determination that the project could be adequately addressed within an Initial Study/Mitigated Negative Declaration (IS/MND). Following are the tasks to provide a technically accurate, cost-efficient environmental evaluation for the proposed project. �....e(I IP�. (: lh..� u.id Sa� Pe of .ILII The purpose of this task is to manage the ESA project team, manage the IS/MND preparation effort, and maintain constant, close communication between the City and, as necessary, the Applicant's team. This task is also intended to ensure that the project will be completed on time and within budget, and that all work products are of the highest quality. ESA will coordinate the team's work for the communication of issues, transmittal of comments, financial management, and other project management matters. This task includes coordination with any pertinent outside agencies or affected organizations; however, coordination consultation with the Native American Heritage Commission (NAHC) and affected tribes requesting consultation pursuant to Assembly Bill AB 52 will be conducted under a separate task, as identified below under Cultural Resources. �...AS ° The ESA management team will attend one project kick-off meeting with City staff as well as the Applicant's team. The objective of the meeting is to discuss the project plans, receive project data, identify data requirements for the successful completion of the evaluation, and coordinate activities to ensure the proposed schedule is met. The project information such as site plan, elevations, and landscape plans as well as project application information will be reviewed in detail to determine adequacy for use during the technical evaluation of the environmental issues. This task also includes any required site visits by the project team. Following the kick-off meeting and a thorough review of the most recent project plans and related information, ESA will prepare a data needs memorandum listing additional information and assumptions that may be required to support completion of the IS/MND process. ESA assumes the bulk of responses to our data needs request will be provided within two weeks in a consolidated format. If a prolonged iterative data collection effort is required, it could affect schedule and the level of effort to complete the IS/MND. This scope of work assumes that project engineering, grading plans, architectural design, project illustrations, and land planning will be provided by the Applicant. In addition, ESA assumes that the Applicant will provide technical information such as a Phase 1 environmental site assessment, geotechnical report, drainage evaluation, traffic study and utility plans. ESA will prepare technical evaluations for Air Quality, Cultural Resources, Greenhouse Gas Emissions, and Noise, as described further below. T K w p:Dr.. MIpaurab air of the Va iffl 11 StLA.1y The objective of this task is to prepare a comprehensive, accurate, and objective Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed project that fully complies with CEQA and the State CEQA Guidelines and all applicable guidance and procedures established by the City of Baldwin Park for the purpose of environmental review. Following are the tasks associated with the IS/MND. Administrative Draft IS/MND ESA will address each issue on the Environmental Checklist; however, only brief discussions will be provided for agriculture and forestry resources, biological resources, mineral resources, population and housing, and recreation because the project is not expected to result in substantive impacts related to these issues. Following is a discussion of the issues that will be discussed in detail in the Administrative Draft IS/MND. Ac s l Ip;ie oc ,,, ESA will discuss the visual character of the proposed project and the potential visual and aesthetic impacts to surrounding land uses from implementation of the proposed project. The evaluation of aesthetic effects will be based on design and plan documents provided by the Applicant. No visual simulations will be prepared, as the use of the architectural renderings will be sufficient. Ai a Quality,,, ESA will perform an air quality analyses, pursuant to the standards and guidelines set forth by the California Air Resources Board (CARB) and the South Coast Air Quality Management District (SCAQMD). Specifically, the analysis will include an evaluation of construction and operation emissions, including construction-related toxic air contaminant emissions, localized impacts, carbon monoxide hotspots, a brief discussion of health risks, odor impacts, and cumulative air quality impacts. Given the project location near Interstate 10 and the sensitive surrounding uses, ESA can, although it is not part of this scope of work, prepare a refined construction Health Risk Assessment (HRA) as an optional task C uull0i a al Resources: : ESA will conduct an assessment of cultural resource on the project site to identify any archaeological, paleontological, or tribal cultural resources within the project site or the immediate vicinity that could be impacted by the project, per CEQA. Specific tasks will include archival research, a field visit, and reporting the results of the studies within a letter report. Per the RFP, ESA will work with the City to ensure that consultation per AB52 is initiated and conducted appropriately. ESA will assist by preparing a draft consultation letter that can be used by the City to send to the appropriate tribal contacts. Because the site does not contain structures, direct impacts on historical resources are not expected. ESA also assumes the project would not result in indirect impacts on historical resources, and this issue will be briefly discussed. If historical resources become an issue, ESA will inform the City and identify the additional scope required. dor oli(,�gari(l! ESA assumes a preliminary Geotechnical Report will be prepared by the Applicant (or a member of its team). It is assumed that the Geotechnical Report will provide suitable data and analysis to support the IS/MND. Applicable mitigation identified in the Geotechnical Report will be included in the IS/MND. Information regarding the current requirements of the Uniform Building Code will also be included. Gas ll riru sse c.iiris (Gill Ws):, ESA will analyze GHG emissions of the project construction and operation in accordance with the latest CEQA GHG guidelines. ESA will also discuss and quantify (to the extent data is available) GHG reductions from land use characteristics (i.e., proximity to transit, proximity to job centers, walkability, etc.) and green building features that would be incorporated into the project. If potentially significant impacts are found, ESA will develop mitigation measures for GHG emissions where feasible to address significant impacts. I a u,iu ds aurid I N aza irdol u� s �Aah u°iiu°ulis: ESA assumes a Phase 1 Environmental Site Assessment report will be provided by the Applicant to address current site conditions relative to hazardous materials. The findings of the Assessment will be incorporated into the Initial Study and will be included as an appendix to the document. Mitigation measures will be developed, where feasible. I Nnlcullircullrrgy auuuli VVRIIate Qu i allully: ESA assumes the project applicant will provide drainage information as well as a Water Quality Management Plan (WQMP) for the proposed project. ESA assumes that the City's Public Works Division will review the drainage information and WQMP for technical adequacy, and ESA will review the documentation for CEQA adequacy. ESA will review the reports and will summarize the findings and mitigation measures, if any, into the IS/MND. ESA assumes that the report will adequately address the issues identified in the CEQA Checklist including water quality standards, groundwater interference, existing and proposed drainage patterns, erosion and siltation, available capacity of existing storm drain facilities, and flood hazard areas. L acrid Vl)ei acrid rii- urig„ ESA will document the existing surrounding land uses as well as the applicable General Plan policies associated with the proposed project. An evaluation will be conducted to determine the project's January 30, 2017 City of Baldwin Park / Dalewood Street Office Building Environmental Documentation consistency with the City's General Plan policies and applicable regulations. A general discussion of the project's compatibility with the surrounding land uses will also be provided. I4oiise., The proposed project has the potential to increase ambient noise levels on a temporary (i.e., during construction) and/or long-term (i.e., operations) basis, and generate vibration during construction. ESA will assess construction and operational noise levels at nearby noise sensitive uses and estimate potential noise impacts. ESA will also provide an assessment of vibration impacts associated with use of heavy-duty equipment. Vehicular noise impacts will be assessed based on traffic data and the use of the Federal Highway Administration (FHWA) traffic noise model (FHWA RD-77-108). I �tulWl6r ServicesESA will evaluate potential impacts on public services, such as fire protection, police protection, schools, and parks, from the implementation of the proposed project. Anticipated impacts will be assessed, and appropriate mitigation measures will be recommended, if required. I"'iraff'iirwv ESA will document the potential for the project to result in transportation, circulation, and parking impacts based on the analyses and findings contained in a Traffic Study to be prepared by the Applicant's team in compliance with the City's requirements. The traffic, circulation, and parking section of the IS/MND will summarize the traffic study and provide an evaluation of intersection and roadway impacts associated with the addition of project-generated traffic, as necessary; the amount and adequacy of available parking; and assess site access and related circulation issues. Ut lllt ue s^ , ESA will coordinate with City staff and/or public utility providers to determine the current levels of service and the project's potential impact on the existing water, wastewater treatment, and solid waste services. ESA assumes that the Applicant will provide water, sewer, and drainage information that confirms adequacy of the utilities to serve the proposed project. ESA will incorporate the public utilities information into the IS/MND. Draft IS/MND Following receipt of a consolidated set of City comments on the Administrative Draft IS/MND, ESA will provide revisions as directed by City staff and in accordance with the overall scope of work. It is ESA's intent that this submittal will satisfactorily address all City staff comments. ESA will also submit a draft version of the Notice of Intent to Adopt Mitigated Negative Declaration (NO1), Notice of Completion/ Environmental Document Transmittal (NOC/EDT), and distribution list for review and comment by City staff. Distribution of the Public Review IS/MND After the City of Baldwin Park provides distribution approval of the IS/MND, ESA will reproduce up to 15 CD copies of the IS/MND and NO1. ESA anticipates that the project will not require approvals by State agencies or impact resources managed by State agencies. Therefore, a local public review of 21 days for the IS/MND would be appropriate, and the IS/MND would not be required to be distributed to the State Clearinghouse. ESA will provide the 15 CDs and NOI to those on the approved distribution list as well as to the City for staff use. Response to Comments ESA will provide responses to all public and agency comments that raise substantive environmental issues associated with the proposed project. The responses will be provided in a separate Response to Comments Letter. ESA has budgeted approximately 20 hours for technical staff to respond to comments. If responses require more than the budgeted amount of time, ESA will inform the City and may result in an augment. II 5� : II Igparatan of aJl NAflga ori IIMeasu.f es ard ' iiUgaflon Mordta,lkng and RelDUUlrig f:1Irogl am (Il 11 Rp') ESA will prepare a Mitigation Monitoring and Reporting Program (MMRP) to comply with Public Resources Code Section 21081.6, for adoption by the City. The MMRP will contain a compilation of mitigation measures presented in the IS/MND and any modifications to the measures provided in the responses to comments on the IS/MND. The MMRP will identify responsible parties, timing or phasing, and enforcement parties. This will be presented in a matrix format. VII4 SecuuuLIbn Proposed Personnel To meet the need for responsive environmental consulting services for the Dalewood Street Office Building Project, ESA has identified a team that has worked has worked on environmental documents in the City of Baldwin Park, is very familiar with the project site, and is aware of the specific environmental concerns that will be relevant to this project. 1 N j ell Director IIicN��N IIN� ........NNN°i��ii°�p N�..�N::::. �:. ii�N�ii �N .u��c� N:::: ir��a Michael will serve as ESA's Project Director, bringing notable experience leading environmental efforts for projects throughout the state, from the largest and most complex to those that are quite simple and focused. He is a Principal Managing Associate in ESA's Southern California Community Development Group. Bringing clients more than 30 years of experience in environmental consulting and natural resource planning, Michael's background has focused on urban infill, urban redevelopment, and greenfield development projects. He has recently worked with the City of Baldwin Park by managing the CEQA peer review of the Irwindale Materials Recovery Facility and Transfer Station project. Mr. Houlihan has also directed and managed the preparation of numerous Initial Studies and MNDs within Southern California. A few of these projects include the City of Anaheim Uptown Village project, Springhill Suites Hotel, Cultural Gardens Senior Housing Development, and Citrus Grove Apartments. He has also directed and managed various planned communities EIRs including Oak Creek Community in Irvine, Hellman Rach Specific Plan in Seal Beach, West Ming in the City of Bakersfield, and Willowbrook TOD Specific Plan for the County of Los Angeles. Iiirriba�°�Ily alma dho, N........I[:::::::I ::::::IC: � II::) � N:.: rojectIlam ger Kimberly will serve as ESA's Project Manager, leading the day-to-day duties, including client interface, document preparation, and general oversight of ESA's technical team. She brings experience leading environmental efforts for a wide range of clients, with much of her worked focused on urban infill and urban redevelopment projects. She has worked A %!, with clients such as the cities of Pasadena, Los Angeles, Long Beach, San Francisco, San Carlos, and Alameda; developers, such as Caruso, Bridge Housing, Habitat for Humanity, and Lennar Urban; and transportation agencies, such as the San Francisco Municipal Transportation Agency and the UK Department of Transport. As a seasoned project manager, she will provide highly reliable and effective client communication, a strong understanding of CEQA and resource issues, and strict adherence to the project schedule and budget. While with her previous employer, she successfully spent a year in the United Kingdom working as a part of the project management team overseeing the preparation of an Environmental Impact Assessment report for a highly controversial high speed rail project. N ar(.;o.i CaIIc ero Il: epu y Project I Mar -)ager Karen will serve as ESA's Deputy Project Manager and will assist with the preparation of the environmental analysis. With a background in public policy and planning, Karen has a firm base from which to conduct CEQA/NEPA preparation, ensuring environmental compliance at the federal, state, and local levels. Karen has been involved in several community development projects including Initial Studies such as the Downtown West Medical Office Building in Los Angeles, the Preserve in Beverly Hills, and several others in Kern County. January 30, 2017 City of Baldwin Park / Dalewood Street Office Building Environmental Documentation SecuuuL��orli Cost Estimate In this proposal, ESA has presented a scope of work and budget that are interconnected. This budget reflects the project, as we understand it and the varied resource issues that are likely to be encountered. We believe it is accurately reflective of the level of effort required given the information we currently have available. The following cost estimate, provided in Table 5-1, has been prepared to outline estimated costs to complete the above outlined tasks. Reimbursable expenses, including, but not limited to, travel and parking, will be invoiced in accordance with ESA standard rate schedule. Table 5-1: Cost Estimate - Dalewood Street Office Building Project ESA Labor Detail and Expense Summary ESA Labor Coels S 66,950 ESA P W.1 Taam C''www9ubsrvdr nwon f.. WO S 2.009 FAH - N.J.1 D—W JG- Ndse �Seelella: KOC-P,*;t KW.gO r KK-1#o!.An btM HR -SeMw Air Ouoll"nd Greonhouse Gas Specialisl KBC-Analyst ESA Nan -Labor Up— A6- ar WW ly and CrxnhousC Gas Spcdahsl W - Cudural Rcs.r—Sr—IW Re-"—blc Costs 5 250) TM-8WW1st MG - COWL l Resources Speclaest AdmirsbaUve Fee(15%) 5 175 ml MB- Ea Cullurel Rcscur.s Spcdeasl F,*cl Technrclan- Wad noxsvnu Graphlcs Eym, fi r nrslrativc Gubl.al EGA Non -Lab. Eape— S 2,815 MC Nf0,.nhl2 AmIy� 71.i January 30, 2017 City of Baldwin Park / Dalewood Street Office Building Environmental Documentation 0 Appendix Resumes Michael Houlihan, AICPx iii my Principal • • Associate EDUCATION B.S., City and Regional Planning -California Polytechnic State University, San Luis Obispo 30 YEARS EXPERIENCE PROFESSIONAL AFFILIATIONS Member, American Institute of Certified Planners (1992 - Present) Member, American Planning Association (1984 - Present) Member, Association of Environmental Professionals (1986 - Present) Relevant Experience City of Anaheim, Uptown Village Mitigated Negative Declaration, Anaheim, CA. Project Manager. Michael managed the preparation of a MND for the development of 220 studio, one -bedroom, and two-bedroom units, along with 18,000 square feet (sq ft) of commercial/retail space on a highly visible vacant and blighted property in the center of the City. City of Irvine, Springhill Suites Hotel, Irvine, CA. Project Director. Michael directed the preparation of an IS/MND for the Springhill Suites Hotel located southwest of the MacArthur Boulevard and Fitch intersection in the City of Irvine. The project included the construction and operation of a 132 -room, four-story hotel that included an indoor pool, health and fitness center, and surface parking. The primary issues associated with the proposed hotel project included traffic, noise, and hydrology impacts. City of Westminster, Cultural Gardens Senior Housing Development MND, Westminster, CA. Project Manager. Michael managed the preparation of a MND for the development of 270 senior housing units along with an approximately 40,000 -square -foot Community Resource Center recreational facility on approximately 5.3 acres. The primary environmental issues associated with the project included access, traffic, parking, air emissions, and noise. City of Orange, Citrus Grove Apartments MND, Orange, CA. Project Manager. Michael directed the preparation of the MND for an infill residential project in the City of Orange. The project included two three-story apartment buildings and another apartment building with two and three story elements each separated by landscaping and surrounding by surface parking. The project included a total of 57 residential apartment units. The primary issues that were addressed included traffic, parking, aesthetics/views, and land use compatibility. EIRs for Planned Communities, Irvine, Seal Beach, Bakersfield, and County of Los Angeles, CA. Project Manager. Michael managed the preparation of EIRs for various planned communities throughout Southern California. These projects included the Oak Creek Community, Oak Creek Community in Irvine, Hellman Rach Specific Plan in Seal Beach, West Ming in the City of Bakersfield, and Willowbrook TOD Specific Plan for the County of Los Angeles. A Program EIR was prepared for each of these projects and evaluated the potential environmental effects associated with the implementation of residential, commercial, office, public facilities, industrial and open space uses. EDUCATION B.S., Public Policy and Management, University of Southern California 10 YEARS EXPERIENCE PROFESSIONAL AFFILIATIONS Green Building Certification Institute - Leadership in Energy and Environmental Design Accredited Professional (LEEDIAP) Association of Environmental Professionals American Planning Association CERTIFICATIONS Leadership in Energy and Environmental Design Accredited Professional (LEEDAP), 2008 111 iA� J' Kimberly D. Comacho, LEEDO AP Managing Associate Relevant Experience 333 La Cienega Boulevard Environmental Impact Report (EIR), Los Angeles, CA. Project Manager. Kimberly served as project manager in the preparation of an EIR for the 333 La Cienega Boulevard project in the City of Los Angeles. The project includes the development of a mixed-use, 16 -story building consisting of approximately 31,055 square feet (sf) of commercial uses, including 3,370 sf for a proposed restaurant, and 27,685 sf for a market, 145 residential units, and five - levels of parking. The project will replace the existing commercial uses with a high-end grocery store and a small restaurant on the bottom floors and residential uses above. A zoning change and general plan amendment will be required as a part of the project. Major environmental issues anticipated for this project include transportation, land use, and noise. Originally scoped as an Initial Study/Mitigated Negative Declaration, the project became an EIR with the identification of significant noise impacts. Gaskell West Solar Project EIR, Kern County, CA. Project Manager. Kimberly is currently serving as project manager in the preparation of an EIR for the Gaskell West Solar Project EIR in Kern County, CA. The project includes the development of a 125 megawatt commercial solar photovoltaic electrical generating facility on 1,463 acres in southern Kern County, nearthe Los Angeles County border. Windhub Solar Project EIR, Kern County, CA. Project Manager. Kimberly is currently serving as project manager in the preparation of an EIR for the Windhub Solar Project EIR in Kern County, CA. The project includes the development of a 40 megawatt commercial solar photovoltaic electrical generating facility on 304 acres in southern Kern County, near the Los Angeles County border. 100 West Walnut Planned Development EIR, Pasadena, CA. Deputy Project Manager. The proposed 100 West Walnut development (also known as the "Parsons" project) is a mixed-use development that would retain the existing office buildings on the site would develop 620,000 square feet of office uses (up to 30,000 square feet of retail use and 10,000 square feet of restaurant uses) and 475 residential units. Arroyo Seco Music and Arts Festival EIR, Pasadena, CA. Deputy Project Manager. ESA prepared an EIR for the Arroyo Seco Music and Arts Festival Project at the iconic Rose Bowl Stadium in the City of Pasadena. With a capacity of up to 93,000 attendees, the event will occur on an annual basis and, in addition to parking at the Rose Bowl, would include five offsite parking locations, with shuttles transporting concert attendees to the project site. Major environmental topics evaluated in the EIR include air quality, recreational use displacement, a complex noise evaluation, and traffic and circulation. EDUCATION M.A., Public Policy, San Diego State University B.A., Political Science and Spanish, UC Santa Barbara Karen Calderon Associate Karen assists with the preparation of environmental analysis, documentation, and permits, ensuring environmental compliance at the federal, state, and local levels. She specializes in technical report and compliance writing, and is involved in several complex and diverse projects, including transportation, planning and infrastructure, and several renewable energy projects for government agencies. ESA Experience Downtown West Medical Office Building IS, Los Angeles, CA. Deputy Project Manager. Karen served as the Deputy Project Manager and lead analyst in the preparation of an Initial Study in support of a Class 32 Exemption for the Downtown West Medical Office Building in the City of Los Angeles. The project included the development of a 60,000 square -foot, four-story, medical office building and an aboveground parking structure offering approximately 523 combined surface and garage parking spaces onsite. Karen's responsibilities included drafting the Initial Study and incorporating technical anlysis, responding to client comments, and preparing the document for delivery to the client. She also assisted in an array of other tasks including formatting, coordinating project needs with GIS and graphics teams, and coordinating information requests. Park Sorrento Project IS/MND. Calabasas, CA. Technical Lead. Karen was the primary author for the Park Sorrento IS/MND for the City of Calabasas. The project would demolish two existing commercial office buildings and a parking lot, and construct a four-story senior apartment building and a stand-alone commercial retail building. The project included a site plan review; Conditional Use Permit; Oak Tree Permit; a General Plan Amendment to change the land use designation from Business Professional Office (B -PO) to Mixed Use 0.95 (MU 0.95); a Zone Change from Commercial Office (CO) to Commercial Mixed Use (CMU); and a height concession. Karen's responsibilities included drafting sections of the Initial Study, formatting, and coordinating project needs with GIS and graphics teams. Thomas Jefferson High School Comprehensive Modernization Project IS/MND. Los Angeles, CA. Technical Lead. Karen assisted in the preparation of an IS/MND for Thomas Jefferson High School within the Los Angeles Unified School District. The project included the demolition of 106,000 square feet of buildings, construction of new facilities totaling 135,000 square feet, and modernization of 57,000 square feet of buildings. Some of the new construction would include a new gymnasium, a baseball field, and new classrooms. Upgrades to some of the strucutres would include seismic retrofits. Key issues included air quality, cultural resources, and asbestos containing materials and lead based paint, as the project included the demolition of historic structures. Karen's responsibilities included drafting technical sections of the Initial Study including. STAFF REPORT HU CSF,;, war" SAS A R1EL,'/ : A 4 I.I.: TO FROM: ITEM NO. HONORABLE MAYOR AND CITY COUNCIL EE' BEIIS AMY L. HARBIN, AICP, CITY PLANNE DATE: JUNE 7, 2017 w SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE TELEVISION ACCESS SERVICES CONTRACT AMENDMENT #4. SUMMARY The purpose of this report is to seek City Council approval of a contract amendment #4 with Community Media of the Foothills (CMF). FISCAL IMPACT There is no impact to the General Fund. Services provided by CMF are paid entirely through the PEG Channel Grant Fund. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends the City Council approve the fourth amendment to the Professional Services Agreement for video production and cable television services and direct the Mayor to execute said agreement. BACKGRO(JN In 2012, the City entered into an Agreement with Community Media of the Foothills for video production and cable television access services for the City's public, education and government (PEG) channel. A summary of the main points of the agreement is listed below: (1) Provide applicable locally produced governmental or educational content and public service announcements from LA County, other public agencies, non -profits and surrounding cities in accordance with governing rules, policies and guidelines; and (2) Provide a monthly updated programming schedule; and (3) Oversight of live online stream of channel content; and (4) Production Services are also part of the contract and will include CMF shooting, editing and cable -casting the following: --ten (10) City Special Events each up to one (1) hour long; and --six (6) public service announcements; and --two (2) one-hour long shows for the term of the contract. CMF, has met and continues to meet the terms of the agreement providing the City with PEG Channel services and video production services. Community Media of the Foothills Contract Amendment June 7, 2017 Page 2 On August 18, 2013, the City Council approved an amendment to the professional services agreement for video production and cable television access services between the City and Community Media of the Foothills (CMF). This first amendment included updated compensation, and deleted the section in the original contract regarding initial set-up with regards to policies and procedures for PEG Channel usage. Amendment #2 clarified and specifically indicated that the term of the contract was for 12 months February 1, 2013 and concluding on January 31, 2014. Amendment #3 provided for a term that was partially retroactive beginning February 1, 2014 and concluding on June 30, 2016 at the end of the 2015-2016 fiscal year. Amendment #4 is providing for a term, which is retroactive for fiscal year 2016-2017 and extends the term for fiscal year 2017-2017 and 2018- 2019, concluding on June 30, 2019. Accordingly, the compensation will remain the same to reflect total payments of $87,899.76 or $2,441.66 per month. All other aspects of the original contract and subsequent amendments shall remain the same including the flexibility provided by CMF regarding event filming. ALTERNATIVES Should the City Council not approve the contract amendment, the City's PEG Channel would not be programmed, and City events, such as Concerts in the Park, would not be filmed for viewing on the City's PEG Channel. As an alternative, the City could do an RFP, however the process is costly and takes up staff time and in the past and has not proven to be of any benefit and did not result in any cost savings. ATTACHMENTS *Attachment #l, Amendment #4 to Professional Services Agreement *Attachment #2, Original Professional Services Agreement for video Production and Cable Television Access Services *Attachment #3, Special Event Coverage for FY 17-18 and 18-19 C:tArriyVVMY\\NC RD\Re portstCouncil Reports\PEC, Channel Contract Amendment #5 doc AMENDMENT #4 TO PROFESSIONAL SERVICES AGREEMENT FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE TELEVISION ACCESS SERVICES THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE TELEVISION ACCESS SERVICES ("this Fourth Amendment") is made and entered into by and between the City of Baldwin Park, a municipal corporation, ("City") and Community Media of the Foothills, a California Nonprofit Corporation ("CMF"). RECITALS A. Whereas, City and CMF entered into a Professional Services Agreement for Video Production and Cable Television Access Services (the "Agreement") dated February 1, 2012. B. Whereas, City and CMF amended the Agreement to increase compensation payable to CMF for additional services (the "First Amendment"). C. Whereas, the Agreement and the First Amendment shall be referred to as the "Amended Agreement." D. Whereas, the Second Amendment extended the term of the contract through January 31, 2014. E. Whereas, the Third Amendment extended the term of the contract through June 30, 2016. F. Whereas, the Fourth Amendment extends the term of the contract through June 30, 2019. G. In accordance with paragraph 2.3 of the Amended Agreement, City and CMF seek to execute this Fourth Amendment of the Amended Agreement as detailed below. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The term of the Fourth Amended Agreement shall be retroactively extended from July 1, 2016 to June 30, 2019. 2. Compensation shall be $29,300.00 per year which reflects payments beginning July 1, 2016 through June 30, 2019, a total of 36 payments of $2,441.66 each month totaling $87,899.76. 3. All other provisions of the Amended Agreement are unchanged and binding. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to Professional Services Agreement for Video Production and Cable Television Access Services as of the date stated on the following page: [Signatures continued on Page 2] Date, .2 017 ATTEST A a Avila, Clay Clerk THE CITY OF BALDWIN PARK Manuel Lozano, Mayor APPROVED AS TO FORM: Robert N. Tafoya, City Attorney 7G' n e Mungia, Execto DirecW C] Al ,r rACHMENT #2 iil;liq� P1111111 liq A law- Ill AGREEMENT FOR VIDEO PRO.Dtj-Crl 'TON AND CABLE TELEVISION ACCESS SERVICES -PROFESSIONAL_ SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE TELEVISION ACCESS SERVICES This Professional Services Agreement ("Agreement") is entered into by and between the City of Baldwin Park, a California municipal corporation ("City") and Community Media of the Foothills, a California Nonprofit Corporation ("CMF"). RECITALS A. City has determined it requires the following professional services from CMF to provide professional video production services and cable television access services to the City of Baldwin Park for all City sponsored or co-sponsored events. Such services may include: (1) playback/cablecasting; (2) producing Public Service Announcements (PSAs) and programs for City's Public, Educational and Government (PEG) Access channel; (3) recording and producing City Special Events; (4) acting as a liaison and an advocate for City when authorized by the City to do so. (5) managing the City's PEG Access channel. B. CMF represents it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. CMF further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions set forth in this Agreement, City and CMF agree as follows: SECTION 1: TERM The term of this Agreement is one year commencing on February 1, 2012 and terminating on January 31, 2013 unless extended by written agreement of the parties or terminated earlier in accordance with the express terms of this Agreement. SECTION 2: EXTENSION OF AGREEMENT This Agreement may be renewed or extended pursuant to the following process: 2.1 CMF and City may seek an extension of this Agreement by submitting on or before December 1 st, a letter of intent requesting extension to the other party. 2.2 On or before the immediately following January 1 st, CMF and City shall respond in writing to the other party's written request for extension. 2.3 If both CMF and City agree to extend this Agreement under the terms and conditions set forth in this Agreement, then the renewal period shall commence automatically on the immediately following February 1St provided a letter signed by both parties acknowledges that extension. if the parties agree to extend the Agreement but with changes to the type or scope of services to be performed and the compensation for those Basic or Supplemental Services, then the parties shall execute an amendment setting forth those changes and each such amendment shall become a part of this Agreement. Page 1 of 10 No. 94664v 15 SECTION 3: SCOPE OF BASIC SERVICES 3.1 Playback/Cablecast. CM F will provide for the playback/cablecastirig of programs on the PEG access channels and will maintain an online programming guide based upon programs scheduled to play. City's bulletin board, if any, will be maintained by City and is not a responsibility of CMF. 3.2 Programs. 3.2.1 During the contract year, CMF shall shoot, edit and cablecast: a. ten (10) City Special Events each up to a maximum of one hour long; b. six (6) PSA's each up to a maximum of ten minutes long; and C. two one hour long shows. 3.2.2 Such programs shall be at City's request upon reasonable notice complying with CMF bylaws and policies and procedures and subject to CMF prior commitments. Exhibit B, attached hereto and incorporated herein by this reference, provides a list of City Special Events that City seeks to be subject of this Agreement up to a total of 12 one hour shows(in accordance with sections 3.2.1 and 3.2.4). To the extent that the number of Special City Events or one hour long shows at Exhibit B exceeds a total of 12 as provided in Section 3.2. La and 3.2.1*.c., City shall notify CMF which 12 City Special Events or one hour long Shows of those listed on Exhibit B it desires produced. If City desires to have all events at Exhibit B produced, City shall compensate CMF in accordance with Section 4.2.3 or 4.2.5, for each City Special Event or one hour long show in excess of 12. Program requests are not cumulative from one contract year to the next contract year. Descriptions of the various programs are set forth in Exhibit A which is attached and incorporated in its entirety by this reference. 3.2.3 CMF shall not. be obligated to provide .more than 72 hours of combined production and post -production time to comply with the obligations of this Section 3. 3.2.4 The two shows referred to in Section 3.2.1.c. may be traded out for either an additional two PSAs per show up to a maximum of ten minutes each or an additional City Special Event per show up to a maximum of one hour each provided reasonable advance written notice is given. 3.3 City Special Events. City Special Events are those which are City sponsored or co-sponsored special events or city oriented non-profit events as designated by City. Such programs shall be at City's request upon reasonable advance notice complying with CMF rules and regulations and subject to CMF prior commitments, but City shall give notice to CMF as soon as City schedules the date for each such City Special Event. City Special Events are listed at Exhibit B. The City reserves the right to amend Exhibit B with notice to CMF. 3.4 Online Streaming of PEG Channels Content. CMF will provide a 24-hour live stream for the intemet of what is playing on the PEG channels. That live stream- is subject to the City's internet capability and available bandwidth providing viewership of up to 300 viewer Page 2 of 10 No. 94664v 15 hours monthly. City shall pay any additional charges for viewership above that amount provided City has submitted written approval to CMF before additional bandwidth is purchased. 3.5 Production and Channel Management, PEG Consultation. CMF will provide consultation as needed on PEG channel trends and issues, as well as oversee an online programming guide for PEG channel content, as well as work to guide and refine PEG channel guidelines for community usage and compliance with governing law. Exhibit A further details the obligations for the parties and is incorporated herein by this reference. 3.6 Initial Set Up. CMF will provide initial set up services to set up the vision statement, draft guidelines and policies and procedures for City's PEG channels usage, events coverage and coverage of events beyond the scope of this Agreement. Thereafter, CMF shall provide PEG channels consulting services up to two hours a week to facilitate the maintenance, update and enforcement of such guidelines, policies and procedures. 3.7 Online Archival of Programming: CMF shall provide online archival of all programs produced by CMF for City so that those programs will be available to the community as "video on demand." CMF shall provide a player and secure webpage built and housed by CMF, linkable or able to be embedded on City's websites. SECTION 4: SUPPLEMENTAL SERVICES 4.1 Supplemental Services include, but are not limited to, labor for servicing, testing, :and.repairing of equiprrmv, onl.iare strean-fl .g in excess of 300 viewer hours monthly, additional City Special Events, additional PSAs, additional Shows, and archiving of programming. 4.2 Fees and cbarges for the following described Supplemental Services shall be as follows: 4.2.1 Labor for Servicing, Testing, and Repair of City owned PEG Equipment: $35 per hour per techriician 4.2.2 PEG Channels Online Streaming 301 Viewer Hours to 2000 Viewer Hours Monthly: $450 per month 4.2.3 Additional City Special Events up to one hour in length: $900 per Event 4.2.4 Additional PSAs up to ten minutes in length: $800 per PSA 4.2.5 Additional Shows up to one hour in length: $1200 per Show 4.2.6 Consulting services in excess of two hours a week: $35 per hour per consultant 4.3 Fees and charges for Supplemental Services not described here shall, be requested in writing.. by City to CMF which shall then saabnrit a proposed tee schedule.'Upon a,grer:merrt by City and CMF of the Supplemental Services to be performed and the compensation to be paid, CMF shall perform those Supplemental Services. Such agreement shall be effeletive only as a written amendment to this Agreement signed on behalf of both parties. Page 3 of 10 No. 94664v 15 SECTION 5: COMPENSATION 5.1 City agrees to pay CMF $34,300.00 for the Basic Services satisfactorily provided under this Agreement of which $5,000.00 shall be paid on or before February 14, 2012 and the balance of $29,300.00 shall be paid at the rate -of $2,441.66 monthly payable on the first day of each month commencing March 1, 2012, 5.2 CMF shall submit to City an invoice, on a monthly basis or less frequently, for the monthly amount due for Basic Services and for any amounts due for any Supplemental Services satisfactorily performed. For Supplemental Services performed, the invoice shall itemize the services rendered during the billing period and the amount due in accordance with the schedule of fees and charges as provided in this Agreement. City shall not withhold taxes or any other deductions from payments made to CMF. SECTION 6: PERFORMANCE OF BASIC AND SUPPLEMENTAL SERVICES 6.1 CMF shall perform all work to the highest professional standards of the industry and in a manner reasonably satisfactory to City. CMF shall comply with all applicable federal, state and local laws and regulations. 6.2 CMF represents it has, or will secure at its own expense, all personnel required to perform the Basic Services. All such services shall be performed by CMF or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The Executive Director of CMF shall be CMF'.s- project administrator and shall have . di:rect responsibility for management of CMF's perfermiance under this Agreement. 6.3 CMF is exempt from any City-film, permit fees during the term of this Agreement and all extensions thereof, but only when providing such services pursuant to this Agreement. 6.4 CMF may utilize the time prior to, between or after programs produced for City for interstitials, including non-profit public service announcements, and any other programming consistent with the City approved guidelines and provided such programming has been approved by the City prior airing. 6.5 In the performance of this Agreement, CMF shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis. SECTION 7: COPYRIGHT AND OWNERSHIP City shall retain ownership of the copyright to all programs produced under this Agreement. City hereby grants CMF a nonexclusive license to cablecast programs produced for City on City channels operated by CMF, and to copy, perform and/or prepare derivative works based upon the programs for educational, training and/or non-commercial promotional purposes. CMF may use City's name, logos, insignias and other identifying marks in the programs produced for City, and associated promotional materials and may also identify its production services and personnel with credits at the end of programs produced for City. SECTION 8: COPYRIGHT CLEARANCE Before cablecasting video transmissions, CMF shall require all users or producers to agree in writing that they shall make all appropriate arrangements to obtain all rights to all Page 4 of 10 No. W(Av15 material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organization representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit its or their program material over CMF authorized channels. CMF shall maintain for the applicable statutes of limitation and in accordance with City's Records Retention Policy for City's inspection, upon reasonable written notice by City, copies of all such user agreements. CMF may conclusively rely upon such user agreements and is under no duty to investigate or verify any of the information contained therein unless there are facts known by CMF that the that the user or producer has not made appropriate arrangements to obtain all rights and clearances, in which case CMF shall notify the City of the same and any action taken by CMF in response. SECTION 9: RELATIONSHIP OF PARTIES As to City, CMF is and at all times shall remain, a wholly independent contractor. CMF shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of CMF or any of CMF's employees. CMF shall not represent it is, or that any of its officers, representatives, agents or employees are, in any manner employees, officers or officials of City. SECTION 10: INDEMNIFICATION 10..1. CM.F shall inden-arrify, defend, acid hold bru-naless tlae City, its officers, agents, and employees, add voluutecrs front and against ainy axi6rill, 6jaiins, suits, actions, causes of actions, losses,, plania e,Xor liabilities, of any kind, stature or rle i ripbon:, including, payment of litigation costs and attorneys' fees, brought by any person of' 1°icrs6ris for or on account of any loss, damage or injury to per-son, property or any other interest, t:aagiblc or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising-or resulting from any alleged acts or omission of CMF, its officers, employees, agents or subcontractors arising out of or resulting from the performance of this Agreement. 10.2 CMF shall indemnify and hold harmless City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising froiri or in connection with claims or loss or damage to person or property arising out of the, flithare to comply with tarty applicable laws, rules, regulations or anther requirements of local, State. or Feileral authorities, for claims of Iibel, slander, invasion of privacy, or infringement of common law or statutory copyright, trademark, for breach of contract or other injury or damage in law or at equity which claim, directly or indirectly, results from CMF use of channels, funds, equipment, facilities or staff granted under this Agreement or the franchise agreement under which City operates. SECTION 11: INSURANCE 11.1 leaning the term of this A�yeernient, CM7 shall; carry, amiritain, and kecla in full force and effect insurnoice against claims for death or injuries to persons or damages to propea-ty that may arise from or in connection with C,MF's perforrriance of this Agreement. Such, insurance shall be of tete tyles and in the amounts as set forth below: 11.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars including products and operations hazard, contractual insurance, broad form property damage, independent contractors, personal injury, Page 5 of 10 No. 9466415 underground hazard, and explosion and collapse hazard where applicable. 11.1.2 Business Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars per claim and One Million dollars per incident. 11:1.3 Workers' Compensation insurance as required by the laws of the State of California. 11.1.4 Professional Errors and Omissions or Media Liability Insurance with coverage Iimits of not less than One Million Dollars. 11.2 CMF shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. 11.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A --.VH by A.M. Best. 11.4 CMF agrees that if it does not keep the aforesaid insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium thereon at CMF's expense. 11.5 At all times during the term- of this Agreement, CMF shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City audits officers, employees, agents and volunteers as additional insureds and evidencing.. compliance: with the requirements of this Section. CMF shall; prior to commencement of work under this Agreement, file with City's Risk Manager such certificate(s). 11.6 CMF slra:l.l provide proof that policies of insurance requireA herehr expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. 11.7 All insurance coverage provided pursuant to this Agreement shall not prohibit CMF, and CMF's employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. CMF hereby waives all rights of subrogation against the City. SECTION 12: MUTUAL COOPERATION City shall provide CMF with all pertinent data, documents and other requested information as is reasonably necessary for the proper performance of CMF's services under this Agreement. If any claim or action is brought against City relating to CMF's performance in connection with this Agreement, CMF shall render any reasonable assistance that City may require in the defense of that claim or action. SECTION 13: RECORDS AND INSPECTIONS CMF shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts, and to inspect all program data, documents, proceedings, and activities. CMF shall also provide copies Page 6of10 No. 94664,,1 s of all video programming to the City upon completion of the programming, and at the expiration or termination of this Agreement, any raw footage related to any uncompleted programming shall be forwarded to the City. SECTION 14. PERMITS AND APPROVALS Except as otherwise provided in this Agreement, CW shall obtain, at its sole cost and expense, all pen -nits and regulatory approvals necessary for CMF's performance of this Agreement. SECTION15: TERMINATION FOR CAUSE 15.1 City or CMF may terminate this Agreement during the initial term for good cause. Good cause for termination before expiration of the initial tern includes, but is not limited to, the adoption of legislation or regulations that restrict or inhibit the current allowable level of PEG services or programming by City or restrict or inhibit City's mechanism for payment of services through franchise fees with which to fund PEG services or programinin& or for either party's breach of any material term of this Agreement which has not been cured in accordance with the terms of this Agreement. After the initial term, good cause shall not be required for termination. 15.2 In the event of any breach of any material provision of this Agreement, the non - breaching party shall give written notice of the breach to the breaching party with a demand that the breach be cured with 30 days, or, if the, breach is of such a nature that it cannot reasonably be cured'within 30.days, that the breaching party take all reasonable steps to begin to cure the breach within, 30 days, and that, the breach shall be fully cured:in'-good faith as quickly as reasonably possible. 15.3 The waiver by City or CW of any. breach of any term, covenant or condition contained .in this Agreement shall not be deemed to be'a waiver of such term, covenant or condition or of any subsequent breach of the same or any othdr terns, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be domed to have been waived by City or CMF unless in writing. ISA CM17 shall not be liable for any filillne to perform if CMF presents reasonable ,evidence that such fiflure was due to causes beyond die control of and without the contributing fault or negligence of CMF. SECTION 16: ASSIGNMENT CMF shall not delegate, transfer, subcontract or assign its duties or rights under this Agreement, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effbct. City sliall not be obligated or liable tinder this Agrecinent to any party otticr than CMR SECTION 17: GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or, remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the conirriencement of the exercise, or dile forbearance of" the exercise by any par-ty of any one or more ofstich Tights, powers or remedies shall not preclude Page 7 of 10 No. 9466.4v15 the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. SECTION 18: ARBITRATION Any controversy or claim arising out of or re[ating to this Agreerrient or the perforn-lance or interpretation of this Agreement shall be settled by binding arbitration in the County of Los Angeles, State of California, under the rules of the American Arbitration Association. The arbitrator or arbitrators which hear any dispute between the parties shall each have practiced law in the State of California for a miairrium of five years as litigators in contract, intellectual property, First Amendment, public access or labor law matters, depending upon the nature of the dispute between the parties. The parties have the right to conduct discovery in the same manner as if the dispute were pending before the superior court and to that end may use and exercise all t 'tic wirne rights, reniedies, and procedures and be subject to the same duties, liabilities, and obligations, 'Flic judgment on the arbitration award may be entered in any court, having jurisdiction over the parties. The parties waive their rights to a jiiry trial, and their rights to appeal except that the arbitrator's failure or refusal to comply with or apply California law is impermissible and shall provide grounds for appeal. SECTION 19: ATTORNEYS' FEES The prevailing party ill any arbitration, action or proceeding to enforce any provision of this Afre4ment Shall be awarded reasonable attorneys' fees, and costs incurred in that action or proceeding or in eft6rts to negotiate and settle the matter.. SECTION 20: ENTIRE AGREEMENT: This Agreeiamt, including exhibits, contains the entire agre-ernent of the parties. No other agreement, statement, or prom 'ective I binding, upon the parties. . ise made on or before the effi di: te of this Agreement is SECTION 21: SEVERABILITY If any provision of this Agreement is held ill whole or in part to be uncilfbrceable for any reason, the remainder of that provision and the remainder of the Agreement shall be severable and remain in effect. If any such term can be amended, then such term or provision shall be amended to, and solely to, tile. extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or *the application of such tensa or provision to Persons or circumstances other than those as to which it is held invalid or urlen-forceable, shall riot be alfected thereby, and cach Win and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. SECTION 22: NOTICES .Any notices, bills, invoices, rcpods and any other writing required by this Agreenient shall be deemed received on: (i) the day of delivery if delivered 'by hand, email, facsimile, or overnight courier service during CMFs and City's regular business hours; or (ii) on the third the iness ayfllowing eposit ill the United States mail if delivered by mail, postage prepaid, to addresses listed below (or to such other addrc,ses as the parties array, from time to (iinc, designate in writing). Page 8 of 10 No. 94664v15 To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 960-4011 Facsimile: (626) 962-2625 With courtesy copy to: Joseph W. Pannone, Esq. Baldwin Park City Attorney Aleshire & Wynder, LISP 1515 West 1901h Street, Suite 565 Gardena, CA 902484926 Telephone: (310) 527-6660 Facsimile: (310) 532-7395 SECTION 23: CAPTIONS To CMF: Community Media of the Foothills Box 227 Monrovia, CA 91017 Telephone: (626) 357-4974 Facsimile: (626) 357-4974 lance@kgezn.ty With courtesy copy to: Lorraine grindstaff, Esq. Patten, Faith & Sandford 635 West Foothill Boulevard Monrovia, California 91016 Telephone: (626) 359-9335 Facsimile: (626) 303-239I lorrainegdndstaff@gmail.com The captions appearing in this Agreement are descriptive only and for convenience irr reference to this Agreeanent and grave no legal effect, Masculine, Ibminine and neuter pronouns and singular and plural nouns all embrace all other forms. SECTION 24: AMBIGUITIES This Agrecment is deemed to have been drafted by both parties and any ambiguity, to the extent any exists, shall not be construed for or against either party. TO EFPTS CMA TIS+' TITS AGREEMI+,NT, the parties have caused their duly authorized representatives to execute this Agreement on, the dates set forth below: [SIGNATURES ON FOLLOWING PAGE] Page 9of10 too. 94664v15 Dated: 2012 CITY OF PAL PARK Vijay Si aa; eft= Xeclitive; Officer Attest: Date: _. _ f _ 2012 By: a°a Vila, Ci cy C`ierk, Approved as to form: Date: .... , 2012 Dated:2012 COMMUNITY EDTA OF -THE FOOTHILLS In c ungia. Executive . ' ctor Date: Aleshire & Wynder, LLP Patten, FBy:(. " .. �. eP W. Pannone, oa City, Attorney Cou [End] Page 10 of 10 'No. 94664v15 , "Standford a and'sfift" for C11 If 2012 EXHIBIT A - Package of Services Addendum Production/Ad min istrative/Ch annel Management. CMF agrees to do the following: 1. Develop and maintain rules, policies and procedures for Baldwin Park's PEG Access channel for review by City staff and the City Attorney's office and CMF shall see that all approved rules, polices and procedures are followed. 2. Consult with City staff, to develop and maintain policies, programming guides, channel vision and outreach. CMF shall coordinate the necessary and appropriate approvals with City staff. City staff shall coordinate the necessary and appropriate approvals with City commissions, officials or the like. 3. Participate in channel submissions and requests for copies in accordance with approved guidelines. 4. Provide, for the City's approval, applicable locally produced educational content and public service announcements (PSAs) from L.A. County, other public agencies, non -profits and surrounding cities. (Average 15 hours per month of rotating content available by request and updated as CMF receives City approvals for additional content). Said content will only be aired if in compliance with governing rules, policies and guidelines. 5. Provide quarterly reports to City staff upon request. The report shall include a list of prograrnrning that is being aired, completed and in production; as well as all events in the future scheduled for production. The report shall also address any expenses which are not within the scope of the Agreement or the Exhibits. 6. Budgets or expenses outside of those covered under the Agreement or Exhibits will be submitted for the City's prior approval 7. A monthly updated programming schedule will be built by CMF and placed online for linking to the City's website. Hard copies of the programming schedule will also be available. 8. Oversight of live online stream of channel content. Live stream and archived content will be placed on a secure web page operated by CMF, linkable to the city website.. 9. Provide 2 bard copy DVDs of each program (e.g. those events listed at Exhibit B), PSA or other content created for City of Baldwin Park. Copies of finished programs also would be automatically and at no extra cost transferred by CMF staff to be housed on Baldwin Park's existing server (located in City Hall) for playback on their channel as needed. Additional copies are available at $10 a piece upon request. Raw footage of programming will be held on CMF hard drive for 30 days. There will be an additional fee of $35 an hour to transfer Page 1 of 3 raw footage upon request in that time or as available to Baldwin Park's server if requested. Production Services Description: PSAs. A PSA is a public service announcement usually done with a single camera in the field or in the CMF studio. An example of a PSA would be a city Public Works staffer spending 2 minutes on camera talking about ways to conserve water, "ith single camera shooting and cutting to `B" roll, or additional shots of stills or PowerPoint® style imagery illustrating the points made on camera. Another example of a PSA may be a local non-profit executive director telling the community about an upcoming event being held to benefit some element of the community, culminating in a text title with the pertinent information. Or, a PSA could be an emergency fire preparedness video featuring a firefighter. A. PSA usually takes roughly two hours to shoot if done in studio and the person or department participating in the PSA is responsible for the script content and `B" roll, if any, although CMF will consult and ultimately direct the PSA. The average PSA is 2 minutes in length and never more than 5 minutes. Prior to production, CMF shall ensure that all PSAs have the appropriate City approvals. 2. Event coverage. This is usually a single camera shoot in the field that provides informational coverage for an event of community significance. This could be a "State of the City" presentation. It could be a Chamber of Commerce dinner featuring prominent speakers. It could be a little league® championship game or parade or concert in the park. Coverage is very simply donee with rninintal edits, basic titles feattinng key points, and if there is a PowerPoint presentation tesed or other relevant stills or "B" roll that can be provided those items may be edited in. The events covered shall be those events included at Exhibit B unless otherwise approved by the City. 3. Hour Shows. These are designed to be simple sit down interview style shows usually taking place in the CMF studio with a live mtIlticam shoot directed by CMF staff `hose shows can be a `.`Meet The Mayor"show where perhaps the mayor and a horst talk about the City's agenda. It could be a sit down with prominent business people in the City to discuss economic situations in Baldwin Park. It could be a sit down with the School Superintendent and Teacher of the Year to discuss the state of education in Baldwin Park. These shows are always designed to be interview style with basic editing and titling. 4. The live online stream. This is an online "live" reproduction of what can be viewed on the cable channel, as it occurs on the cable channel. It is not archived or preserved online after airing. It will exist via a third -party service provided by CMF on a page created and housed by CMF, linkable to City websites. The purpose is to give those in the community who do not have access to cable the same ability to see what is on the channel as if they did have cable in real time. For $300 a month, the service will permit up to 300 viewer hours monthly (i.e. 300 different people watching 1 hour of programming each). The City of Baldwin Park will be notified in advance if Page 2 of 3 the maximum number of hours is likely to be reached and the City will be given the option to spend an additional $450 a month for up to 2000 viewer hours monthly. Pricing is subject to change if service providers change. CMF cannot be responsible for lapses in the online feed due to provider or other technical glitches and will promptly work with City staff to ensure any glitches or other errors are fixed within a reasonable time. 5. Online archival of programming. CMF will create and house a webpage and secure media player to make content downloadable "on demand" to viewers. This service is different from the live stream in that viewers would be able to "click and play" events put online at anytime, versus having only a "live" real time feed of the cable channel where they are only able to view programs as they are aired on cable. Content produced for Baldwin Park would need to be encoded to proper format and uploaded via a secure service operated by CMF for online video on demand playback. Online archival of prol,rairnning services include putting up and indefinitely archiving propy-wnruing and, creating searchable categories online (i.e. Public Service Announcements in one category, Concerts in the Park in another category). Page 3 of 3 EXHIBIT `B' LIST OF EVENTS SPECIAL rCOVERAGEFOR KGEM Special Event Coverage- FY 17-18 Event* Date Notes 4th of July Celebration Tuesday, July 4, 2017 Summer Concerts in the Park Thursdays July 6th -10th National Night Out Aug -17 TBD Pride of the Valley 5k Run Saturday, August 5, 2017 Downtown Street Market Thursday, August 17, 2017 Senior Prom Monday, October 23, 2017 Anniversary Parade Pending TBD Veteran's Day Celebration Saturday, Nov 11, 2017 Christmast Tree Lighting Thursday, November 30, 2017 State of the City/Spring Hunt March/April 2018 TBD May return in the future Spring/Summer Announcement Mar -18 * Events subject to change pending approval of City Budget KGEM Special Event Coverage- FY 18-19 Event* Date Notes 4th of July Celebration Wednesday, July 4, 2018 Summer Concerts in the Park Thursdays July -August 2018 National Night Out Aug -18 TBD Pride of the Valley 5k Run Saturday, August 4, 2018 Downtown Street Market Thursday August 2018 Senior Prom Friday, October 12, 2018 Anniversary Parade Pending TBD Veteran's Day Celebration Sunday, Nov 11, 2018 Christmast Tree Lighting Thursday, November 29,2018 State of the City/Spring Hunt March/April 2019 TBD May return in the future Spring/Summer Announcement Mar -19 * Events subject to change pending approval of City Budget STAFF REPORT „pit , TO HUB F' Cr THE SAN G Ake I CL VALLEY FROM: DATE: ITEM NO. 7 Honorable Mayor and City Councilmembers Shannon Yauchzee, Chief Executive Officer P4 June 7, 2017 SUBJECT: AUTHORITY TO SIGN ASSESSMENT AGREEMENT WITH THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY SUMMARY This report seeks City Council approval of the Independent Cities Risk Management Authority (ICRMA) 2016- 17 Assessment Agreement which for the City's liability insurance coverage. FISCAL IMPACT This 10 -year Assessment Agreement is estimated to cost $131,235 annually. The one-time payment of the full Assessment, minus the 10% discount rate is $1,181,113. RECOMMENDATION Staff recommends City Council approve the 2016-17 Assessment Agreement with the Independent Cities Risk Management Authority (ICRMA) and authorize the Mayor to execute the Agreement. BACKGROUND ICRMA is a risk sharing pool that has been in existence since 1980 that the City joined in 1986. Although ICRMA had not declared an assessment in 36 years and had twice returned equity to its members, its liability program had an overall deficit of over $3.6M on June 30, 2015. This was due to member claims exceeding the amounts collected in 2003/04, 2011/12, 2012/13, 2013/14 and 2014/15. The amounts collected were based on the actuarially estimated member contributions. On June 9, 2016, the ICRMA Board approved a long-term financial plan which included an assessment of $12.5M in the liability program to be collected in seven years, beginning with the 2016/17 budget cycle. The plan did not include assessments for all of the deficit years, so the board implemented an additional $12.5M capital funding plan, for a total of $25M of future collected funds to pay claims. On June 30, 2016, the updated claims information grew to $38.2M, a net increase of $13.2M. At its November 17, 2016 meeting, the ICRMA board unanimously approved the revision of the liability plan, which eliminated the $12.5M capitalization plan and funded the annual deficits through a revision in the assessment. Each City's share was also revised, based on payments made in 2016. The City of Baldwin Park's balance is $1,312,348. The Board also decided that cities that return a signed agreement by June 15, 2017, will be allowed to fund the deficit over the next ten years. For the City of Baldwin Park, this means an annual payment of $131,235 for the next 10 years. Another option is to pay the full assessment ($1.31 M) at a 10% discount, bringing it down to $1.18M. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ICRMA Assessment Agreement June 7, 2017 Page 2 ALTERNATIVES The City Council could chose to grant authority to sign the Assessment Agreement, committing to pay $131,235 annually over a ten year period, or pay the full assessment at a 10% discount rate. ATTACHMENTS #1. Letter from ICRMA Board dated April 11, 2017 42. 2016-17 ICRMA Assessment Agreement #3. Summary of Member Net Assets #4. Frequently Asked Questions About the Liability Program and the Assessment Attachment #1 I C R M A •a'^1 1, 0 (949) 349-9882 wwmicrms.,orcu a 4, April 11, 2017 Members and Withdrawn Members of Independent Cities Risk Management Authority; At the November 17th, 2016 meeting, the ICRMA board approved unanimously the revision of the liability assessment plan. The components of this revision are as follows; 1. The capitalization plan of $12.5M was eliminated. 2. The deficits of 2003/04, 2011/12, 2012/13, 2013/14 and 2014/15 were funded through a revision in the assessment. a. The revised assessment moved the $12.5M capitalization to the assessment, and added $13,255,688, for an increase of $25,755,688 to the original $12.5M assessment. Thus the total assessment for the five coverage periods in deficit is $38,255,688. The plan was revised because deficits in policy years assessed were not fully addressed under the plan. The revised approach addresses directly the policy years in deficit and places responsibility for the deficits on the members who participated in the deficit years in accordance with the pooled agreement. b. The assessment calculated funds these policy years to zero at an expected probability level. c. We have revised each city's share based on payments made, if any, in 2016. Please see attached as page 3 the "Summary of Member Net Assets (Deficit)". d. Cities who return a signed payment agreement to ICRMA by June 15th, 2017, will be allowed to fund the deficit over the next ten years. e. The complete deficit share will be due and payable by cities who do not sign and return the payment agreement by June 15th. Payments not received by July 31 will be subject to the penalty provisions, Page 1 of 4 Capitalization Asw sment wmw Prior Plan ............. $12,500,000 $12,500,000 Movement of capitalization ($12,500,000) $12,500,000 New assessment $13,255,688 Revised totals $0 $38,255,688 The plan was revised because deficits in policy years assessed were not fully addressed under the plan. The revised approach addresses directly the policy years in deficit and places responsibility for the deficits on the members who participated in the deficit years in accordance with the pooled agreement. b. The assessment calculated funds these policy years to zero at an expected probability level. c. We have revised each city's share based on payments made, if any, in 2016. Please see attached as page 3 the "Summary of Member Net Assets (Deficit)". d. Cities who return a signed payment agreement to ICRMA by June 15th, 2017, will be allowed to fund the deficit over the next ten years. e. The complete deficit share will be due and payable by cities who do not sign and return the payment agreement by June 15th. Payments not received by July 31 will be subject to the penalty provisions, Page 1 of 4 Attachment #2 (949i349-9832 Qw w Acrrna,a�rg ry 2016-17 ICRMA Assessment Agreement The City of _._...„w hereby applies for a payment plan of the assessment as approved at the November 17th, 2016 ICRMA Board meeting. The City agrees to be bound by this assessment and the related JPA and Bylaw provisions and is submitting its election to pay the assessment as billed over the next ten years, The City understands this assessment may be revised as needed. The City hereby agrees to the above and elects to pay the calculated assessment over the ten year period beginning July 2017. By signing below, the person executing this document acknowledges and confirms that all necessary authority has been granted by the City to enter into this agreement, and the person executing this document is authorized to execute this agreement on behalf of the City. Signature _ Print Name: Title: City of Dated; Signature; City Attorney Agreement and election must be received by ICRMA by June 15`h, 2017 for the city to be eligible for the 10 year payment plan. Attachment #3 ,4 G, r''a i�Y,:�, �8 At 21 lif 8� P. R, '0 Wi Q RP �6� A, o R 51 aF 6 6 A{i ;P 4 63vVi' F, v p, SRS >N 75 z� d 6 zL bo c E � o -"R's u z DS u o u E ell 0 4 f,.Z g ff uY R� s'A - 14 9 F F - �F T- rF F ::, -- ", ?-�, 12-- - - ?- It IQ Wt V� IR� I`% �z L . . ...... . m Ull !a 7z, 1.11..,w.wow ,.°...w� w'..��,w.�.I W 1% 0 W W sm e'as,7 g ',Q C, N' C G, r''a i�Y,:�, �8 At 21 lif 8� P. R, '0 Wi Q RP �6� A, o R 51 aF 6 6 A{i ;P 4 63vVi' F, v p, SRS 1.11..,w.wow ,.°...w� w'..��,w.�.I W 1% 0 W W sm e'as,7 g ',Q C, N' C in < 4 in 0 0 U Co- 0 w ill.) Qb x m x x �.',i (r. 0 A CJ' Q m I SURF Qq r, ;P 4 63vVi' F, sk s, a 9. rn.,,i.K z� d 6 zL � o -"R's ell AIn 3- wN Im A Ell A 2 2 Is el Z, L in ;7, P R a in 14 's s 12 S. as FE "PrI :s in < 4 in 0 0 U Co- 0 w ill.) Qb x m x x �.',i (r. 0 A CJ' Q m I Attachment # -'` I /,/ I C R M A Frequently Asked Qijestions About the Liability Prograiii and the Assessment Basic Program History/Summary ICRMA has been in existence since 1980. Prior to 2016, it has never declared an assessment in 36 years, During this same period, ICRMA has twice returned equity to its members totaling over $8,000,000, This reflects the overall stability and program philosophy of sharing risk at a sustainable level. As Of June 30, 2015 ICRMA's liability program had an overall deficit of $3,672,558 and individual deficit program years of $26,780,456. On June 9, 2016, the ICRMA Board approved a long-term financial plan which included an assessment in the Liability program, subject to annual review of the plan. The assessment was approved at an amount of $12.5 million, beginning with the 2016/2017 budget cycle, and is to be collected over seven years. The plan did not include assessments for all of the deficit years, as some of the projected deficit years were too new to include in the plan due to a lack of maturity in the claims for those years. Recognizing the anticipated claim deficit, however, the Board additionally implemented a $12.5 million capital funding plan, for a total of $25 million of future collected funds to pay claims. The financial plan Was based on an independent evaluation performed by Independent Consulting and Risk Management Services, LLC and presented by Bickrnore, the administrator and financial advisor at the time. In 2016, ICRMA changed financial and pool administrators to Marta & Associates and Risk Pool Administrators, respectively, and they begari the annual financial plan review. During this time, updated claims in -formation valued at June 30, 2016, showed substantial development in claims. The updated deficit for the negative program years as Of June 30, 2016 grew to $38,255,688. This reflects a net increase of $13,255,688in needed funds. Below VOU Will find the original approved assessment plan, as well as the associated loss data information. Claims Background: ICRMA members have incurred numerous catastrophic claims over the past 36 months and experienced large development on past claims from both former and current members. One large occurrence resulted in two claims to the pool totaling $10 million dollars, which dramatically affected its financial condition and net Position as Of June 30, 2015. This Occurrence and other claims have continued to develop through June 30, 2016, Revised 11/07/2016 ICRMA and Funding: I . ICRMA is a risk sharing pool which bears risk at varying layers, and purchases insurance above these layers. 1 Members join together to share losses in the pooled layer. 3. The ICRMA Board sets funding levels and rates. The ICRMA Board is composed of one voting member from each member city, a. Rates are set to cover losses within a range based on actuarial data, b. For program years 2011/12 and 2012/13, the Board set the rate at the expected or "Central` value of claims. In other words, it was equally likely that the funding would be sufficient or deficient. c. This was a conscious decision by the Board based on economic times and the philosophy of the participating members. d. Primarily due to multiple catastrophic losses, the overall losses exceeded the funded range (see chart below) e. Former and current members' claims have driven the need for an assessment. 30000000 - 25000000 20000000 15000000 10000000 5000000 Chart 1 — Losses by Prograrn Year V 0 4 _5000000 "rIz, Fje rs r4 r� i i r r,4 N N "'i V14 N 114 1`4 11r w Case Reserves IBNR - Incurred But Not Reported Claims - Not all claims are irnmedio tely known in the policyyear ULAE - Unallocated Loss Adjustment Expenses Case Reserve - Amount Expected To Be Paid In The Future Claim Paid - Actual Dollars Already Paid on Claims Presented 4. Members share risk by program year a. The annual amount each member pays for the liability program is the best actuarial estimate of what will be needed to fund the claims for the given program year. b. The amount billed is an estimate because the largest expense, claims, is not a fixed known cost. c. If the claims are more than the total members' contributions in that program year, then the difference is assessed in proportion to each member's share of the original risk -sharing contributions. Nevv Look at the Deficit and Financial Plan by Newly Hired Vendors: (,Alole: Alew Administration, Financial, and Liability Program Wanagement vendors formed a nevi; ICP-,VfA management team on Aly 1, 2016. The new team began reviewing in rmation during c3 .fo transition period; however, Bickmore remained the provider of all these services until June 30, 2016) In. Summary, the financial plan adopted in the spring of 2016: 1. Did not include all of the deficits in the various program years 1 Was based on clairn values as Of June 2015 3. Addressed approximately half of the deficit program years through "capitalization" (i.e, billing future program years for capital funding that was needed as a result Of deficit program years). Thus, not all responsible members (per Bylaws) would be participating in the "true up" of the deficit in the years in which they were members. �, I /® Revised 11/07/2016 1 C R M A FAOS about Ole ASSOSS111vot by is there an assessment? A, The 2003/04, 2011/12, 2012/13, 2013/14 and 2014/15 program years have member claims that exceed the amounts collected based on the actuarially estimated member contribution. B. The assessment covers the deficits by bringing funding to zero at an expected confidence level. Chart 3 - Deficit Years at Various Claim Valuation Dates Aa, 1v I, 011R M AN 0— Pmp.d CIIxY,C%mrvrmVmpucR.nmVn 1 SCI rc, kl-, W--. y,1v1IUI* 1'«r I MAN 4— '] -- — .. 111-5- —4 . ...... finvm 6 IN, 1¢. OrOdI 1W.F. -11 T� 14.1 P.W.n 8"4.d NIIA Pwd- P,.Pft" N— Nkr. A—M A.—I" A—AN, [A.--A A—w AR— . 1 A ---I AII—IIA- AlU- 77777 9 0011.67: I MAN OQ.-j Y,A41w 159 MAU 2 aSO,M I W M2 41,M N 1$j 511 g,O" 6� SP M W"M �,J�5 ftUl, ,IUAU K,WAN 1-11=2= -i —U -1W.171 02 M 47,,01@',1 1,ow m 1 M pll� It O,MIAM 11W :011, 1 °°w A41 77777 11W11W 9 0011.67: I MAN OQ.-j Y,A41w 159 MAU 2 aSO,M I W M2 Z'M1!Q1 N 1$j 511 SP M �,J�5 ftUl, ,IUAU K,WAN 1-11=2= -i —U -1W.171 02 M 47,,01@',1 Cn, '11w 11W :011, 1151 11W11W 9 0011.67: I MAN OQ.-j W M2 1,10 $P ,IUAU K,WAN 40)17 Ewa 02 M 47,,01@',1 :31 1151 .,m kO! b1. 6*1 5 d.;6 1A, I Oehal, 1�0 "'0 1,, 1 . c - u. - 2. What is the assessment for? A. The assessment is necessary to pay member claims that have increased in cost and/or recently been reported for the program years shown to be in deficit positions. B. The assessment is the shortfall between amounts collected from the members in certain program years (assets available to pay claims) and the amount that will ultimately be paid Out of the ICRMA pooled layer. The liability program has incurred substantial losses that exhausted the amounts collected based on the actuarial central estimate for certain program years, C. Members and Former members are only assessed for their share of program years in which they were members. ICRMIA collecting too much through the assessments? The recommended total assessment of $38,2M brings the deficit claim years to $0 at the expected confidence level. ICRMA is only collecting what it needs, The assessment was calculated at the expected level, which relies on the fact that ICRMA has capital available in other years, 4. How were the assessments calculated? A. Based on the Bylaws, the shortfall is calculated by prograrn year as a SUM of contributions and investment income received, less paid clairns, case reserves, IBNR reserves, reinsurance,. and administrative cost. B. Members are assessed pro rata based on their pooled share for each program year assessed. For example, if the city was underwritten as 10% of the total shared risk premium, then the city has a 10% share of any assessment for that program year. 1 �, I . Revised 11/07/2016 1 U R M A The new team conducted a thorough review of the underlying losses and claim development, and analyzed the strength and philosophy of the plan to fund the program year deficits, The team also determined that, according to the Bylaws, the negative years must be funded by the members who participated in those deficit program years. Chart 2 — Comparison of Adopted Plan to Recommended Revised Plan $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25.000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 Original Plan Increase In Revision to Revised Plan deficits Plan Adopted plan addressed S25NI, khm nel change from adopted plan w mcommendcd plan is an increase cfS13,255,688 Total declared assessments ofS38,255,688 ($12.51v2 already adopred r SIMIM moved from capital izarion * S 13,2510 rn:W claim development) Deficit Assessment Captaftatlon "rote) Supplemental Gail Original Plan $26,780,456 $12,500,000 $12,600,000 $25,000,000 (6130118 losses) Increase in Deficit $13,255,686 (6130/16 Losses) Now Plan $38,255,688 $38,255,688 $0 $38,255,688 -1\ I /,- Revised 11/07/2016 1 0 FR M A Our agency hasn't had any losses, why does our city have to pay such a high percentage of the assessment? A. ICRMA is a risk sharing pool of member cities. The members' risk sharing agreement is based on the member -proportionate or pro rata, risk share as originally underwritten, Using the example from above, if the member city had all of the losses or none, the member Would still be responsible for its proportionate share based on the original premium, B. Each member's loss history, payroll, and selected member retained limit are built into the rates the Board approves in the budget at the beginning of the program year. Once that share is established, it is also the member's share of any deficit, C. Loss experience for past years may influence future rates for each member. D. A member's share may differ from program year to program year based on the exposures, losses, member retained limit, and coverage provided. 6. Why do ICRMA members and former members have to pay the assessment? Members participating in the deficit years are contractually responsible for their share of the deficit, regardless of whether the member has withdrawn, The withdrawn member is unable to vote on the financial plan adopted to eliminate the deficits, because it no longer participates on the Board. As a reminder: A. ICRMA is a risk -sharing pool made up of mcmbcr cities and govcrned by a joint powers agreement, B. It shares risks by financing losses among its members. C ICRMA offers coverage for its members through a memorandum of coverage. D, Every member of each prograrn year must fund the deficits. E. In accordance with Section 2.6 of the ICRMA By -Laws, assessments may be levied on the participant for the risk sharing layer of any program year(s) when an actuary finds that the assets of Liability Program, as a whole, do not meet the expected discounted losses of the Liability Program, E Following is an excerpt from ICRMA's Liability Bylaws: Section 2.5 Dividends and assessments 2.5.1 Dividends 2.5.1.1 Five years after the end of the program year, the first dividend calculation shall be performed. Each year thereafter there shall be an additional dividend calculation made until such time as the program year is closed Any dividends available to be declared and returned to the participants will be at the discretion of the Governing Board, 2.5.1.2 Calculution 2.5. 1. 2, 1 Dividends are available to be declared only at such time as the LP [Liability Program] has equity, with liabilities actuarially stated, discounted at a 90% confidence level. The calculated amount shall represent the maximum dividend available to be declared, 2.5.1.2.2 This amount shall be reduced if the two succeeding years (after the fifth program year reaches eligibility) have negative equity, with liabilities actuarially slated of an expected confidence level. 25.1.23 Each participant's share of any dividends shall be allocated based upon the method by which the deposit premiums were collected, beginning with the oldest program year. HoWever, until the last claim of a program year has been paid and the prograin year has been closed, the program year must maintain sufficient Junds to .satisfy the 90% confidence level discounted requirement. Section 2,6 Assessments Z 6.1 As approved by the Governing Board, assessments n7ay be levied on the participant for° the risk sharing layer of any program year(s) when an actuary finds that the assets of the LP, as a whole, do nod meet the expected discounted losses of the LP, Each participant's share of the assessment shall be allocated based upon the method by which the deposit premiums were Revised 11/07/2016 1 C R M A collected for the risk sharing layer of each respective program year being assessed 1f such assessment is not sufficient to relieve the pool of its actuarial determined deficit in the year of the assessment, such assessment shall be levied each subsequent year until the actuarial deficit is relieved The timing of the payment shall be determined by the Governing Board at the time of the assessment. 2.6.1 Equity, fi-o)n the risk sharing layer, may be exchanged betiveen eligible program years if sufficient are available. The transfer of equity will be performed such that the individual Participant's share of equity is separately applied so as to maintain the integrity of each participant's balance. 7, Will dividends be declared in the older program years with positive equity balances? No. According to the Liability Bylaws section 2.5.1.2.1, dividends are available to be declared only at such time as the Liability Program has equity such that all program years together are at the 90% confidence level. The Liability Program equity does not currently meet that requirement. 8. It appears there are funds available in other program years. Can those funds be applied to the deficit years? The Bylaws only allow equity exchange between years if sufficient funds are available. ICRMA Bylaws and adopted financial benchmarks require fund sufficiency at a 90% confidence level, Currently, the Liability Program does not meet the 90% confidence level, 9. Can the ICRMA Bylaws be changed to allow equity transfers, even though the financial benchmarks have not been met? The Bvlaws in P-eneral can be amended, but a member's rights and obligations under any given program year would not be altered. The Board may approve equity transfers as it deerns appropriate, if Sufficient funds are available and if the Board determines it would be fiscally prudent to do so. The financial benchmarks have not been met, however, and moving funds from recent years, or years in which there is active clairns activity, runs a high risk of additional unforeseen assessments. ICRMA members need to be confident that there is equity in those years to provide for loss development. 10. What if a member or former member refuses to pay? A. ICRMA is a Joint Powers Authority organized under the California Government Code. As Such, each member is responsible for funding its share, The Joint Powers Agreement (JPA) Outlines the responsibilities among the members, B. These responsibilities have been litigated in the past for California risk sharing pools. In the Court of Appeal of the State of California, Fifth Appellate District in the case of Schools Allioncefor Ul'orkers' Compensation H vs. Fresno Count ' -�,, Office of Education, the Court upheld the judgement for the risk sharing pool. The member was required to pay their share of the assessment, plus interest, 11. If the City leaves the pool, does it have to pay the assessment? As discussed above, leaving the pool does not remove the city's obligation to pay tile assessment, 12. What if a member is unable to pay its share? A. The proposed assessment plan is designed to cover the program year deficits and to ensure adequate cash flow to pay claims that will be coining due. The payments are proposed to be spread over ten years, to help members with the obligation. B. If a member is unable to pay their share in accordance with the plan, they can issue debt financing on their own to cover the required payments. sN i /I Revised 11/07/2016 1 C R M A 13, How long is the assessment plan? The original plan was for seven years. The proposed revised plan offers two choices: A. Lump sum payment B. Agreement to make scheduled payments over the next ten years. 14, Will a "discount" be offered if the assessment is paid in full? The proposed revised plan includes a 10% discount on the ten year assessment balance if paid at beginning. Payment of the assessment does not remove Your agency's responsibility if additio assessments are declared, I 15. Can the assessment be collected over a longer period of time? The mernbers could consider extending the assessment period, however, ICRMA needs to ensure there is adequate cash flow. Assessment goals include making the deficit years whole again, avoiding cash-flow issues, ensuring the assessments are manageable, and improving the presentation of ICRMA financial statements. 16. When is the assessment invoice due? The billing, on the new plan will be made in June 2017 and the assessment invoice will have a Net 30 term, making it due in July, 30 days after the invoice has been created. Unpaid balances after 30 days shall be assessed a penalty in accordance with Section 13.3.1 of the ICRMA Bylaws, Interest shall accrue on unpaid balances as well. 17, Will the assessment change? Claim liabilities may change it on ultimate settlements and expenses. The reported claims have been reviewed by the TPA claim adjusters and/or the Liability Program Manager to ensure claim values have been properly updated and recorded, In addition, the aCtUarial expected development has been added. These losses and the related deficit have been recorded at the expected confidence level. The Board will review the plan annually to determine the progress and the related clairns development. is. What is the impact of claims development? An evaluation in October 2016 of reported losses through August 2016 showed that claims incurred increased by over $ 13 million, which is the basis of the updated assessment. 19. Is a document which details the assessments available? Yes. A document which details payroll, contributions made, and calculated risk sharing balance is available upon request. 20, What is capitalization and why was it abandoned? Capitalization is forward-looking funding to provide base capital for future losses. Capitalization was abandoned because: A. The deficits in the 2011/12 and 2012/13 program years were due to lean funding Plus losses that were in excess of the actuarially determined expected amounts, B. The capitalization program did not provide for funding the deficits in accordance with the Bylaws, which require members and former members that participated in deficit program years to pay their proportionate share of the deficit if assessments are declared. C. Once the negative prograrn years are funded with assessments, along with the reduction of the self-insured retention as previously discussed, there is no current need for additional capitalization. 21What role do the member retained limits play in the assessments? Every member has a retained limit which is applied to each and every loss. In the coming months, ICRMA will be reviewing all member retained limits to ensure they continue to be appropriate, \��% 11 /d Revised 11/07/2016 1 C R M A 22. Did ICRMA miss something? Prior to 2011-12, ICRMA had "normal" to"good"loss experience (see Chart 1), In the past, ICRMA has declared dividends of $8.26M. The pool funded based upon an actuarial estimate of most likely losses. However, the loss experience was outside of the expected range. In 2011-12, the Board elected to increase the pool's self-insured retention to $5M, This decision was rnade due to many years of stable claims experience, the adequate net position of the pool (see Chart 4), and the difficult economic times the cities were facing, When the 2014 decrease in net position (i.e, surplus) occurred dUe to a catastrophic loss, the Board proactively hired a consultant to provide recommendations to the Board. Unfortunately, several additional catastrophic losses occurred and the net position dropped dramatically, as depicted in the chart. Chart 4 — Liability Program Net Position 23. What has the 1CRMA Board done to reduce liability program volatility in future years? k 2013-14: Began funding MRL - $3M at 70% confidence level (previously funded at expected). B. 2013-15: Approved multiple enhancements to the liability program to help ICRMA more effectively manage losses (e,g. data requirement provisions, members required to use a TPA, updated Litigation Management Policies & Procedures, regular attorney review). C, 2014-15: Added MUlti-member clash coverage to reduce the potential loss experience variability. For example, when two members experienced a claim occurrence together, the exposure was $ 10 million dollars to ICRMA ($SM pool retention x 2 members), If that claim occurred Linder the Current memorandurn of coverage and reinsurance policies, the pool would only be responsible for one $3M occurrence versus the previous $10M. D, 2016-17: Reduced the pool exposure from $5M per occurrence to $3M per occurrence. E, Approved contract in 2016/17 for a new liability program manager to focus on claims in ICRMA's layer and implement a more comprehensive litigation control program. These programs will provide a deeper level of claim evaluation and strategy which results in more aggressive claim resolution. F. Approved an underwriting policy for current and prospective members in 2015, :�, I 1� Revised 11/07/2016 1 0 R M A 24. What is the outlook for ICRMA? For over 35 years, ICRMA has provided stable rates and consistent coverage for its members.. described ab. ve, ICRMA has implemented numerous changes which place it in ail 1 extreme favorable position with regards to financing and overall program success. ICRMA is developing thoughtful financial plan, and has an active Board and dedicated members, ICRMA continues evolve to meet its members' needs, regularly setting organizational goals & objectives intended nagenlent help member cities increase risk inaawareness, explore new coverage options, and redu - losses. 1 -:�' I ,- Revised 11/07/2016 1 0 R M A STAFF REPORT HLIB OF lJ' THE SAN GABRIEL VALLEY TO: FROM: DATE: ITEM NO. Honorable Mayor and City Councilmembers Shannon Yauchzee, Chief Executive Officer June 7, 2017 P' SUBJECT: ADOPTION OF SALARY RESOLUTION NO. 2017-186 TO UPDATE THE COMPREHENSIVE PAY SCHEDULE TO INCLUDE A FIVE-STEP SALARY RANGE FOR DIRECTOR OF COMMUNITY DEVELOPMENT IN ACCORDANCE WITH CALPERS GUIDELINES SUMMARY This action will adopt Salary Resolution No. 2017-186 updating the comprehensive City of Baldwin Park Pay Schedule incorporating an updated salary range for Director of Community Development. This document is compliant with CalPERS requirements and will ensure consistency between CalPERS employees and enhance the disclosure and transparency of public employee compensation. FISCAL IMPACT There are no fiscal impacts related to this action at this time. All pay rates, other than the Director of Community Development, are already on the current Pay Schedule and in place based on previous Council actions. The regular Director of Community Development position is currently vacant and the starting salary will be made within the recommended salary range and dependent on the successful candidate's qualifications. RECOMMENDATION It is recommended that the City Council approve resolution 2017-186, a resolution of the City Council of the City of Baldwin Park, to update and adopt the revised comprehensive Pay Schedule. BACKGROUND The City of Baldwin Park City Council established a comprehensive Pay Schedule at the December 7, 2016, City Council meeting that was in accordance with CalPERS regulations. The CalPERS requirements are intended to enhance the disclosure and transparency of public employee compensation by requiring that the pay rates be listed on a single pay schedule or single document meeting CalPERS' requirements. As mentioned in the December report, whenever there are changes to one or more pay rates, the City is required to update the Salary Schedule and present to the City Council for review and approval. "The regular Director of Community Development position has been vacant since February 2016. A recruitment was initiated in November to fill the vacancy and as a result six candidates were interviewed for the position. The recommended salary range of $10,801.92 to $13,129.80/month is based on the local market survey and on a five-step range. The extended salary range allows the selected applicant to be placed at a step in alignment to the candidate's qualifications allowing growth and progression within the range. Upon adoption of Resolution No. 2017-186, the Pay Schedule will be updated, meeting CalPERS requirements, and placed on the City of Baldwin Park's website. Resolution 2017-186 Pay Schedule Salary Resolution ALTERNATIVES LIC -0 an-q-lternative salary ranae or make no changes. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS # 1: Resolution No. 2017-186 #2: Pay Schedule effective June 7, 2017 Attachment # RESOLUTION NO. 2017-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A SALARY RESOLUTION TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALPERS GUIDELINES. WHEREAS, the City of Baldwin Park, through negotiations with various employee bargaining groups and has established corresponding Memoranda of Understanding which are in full force and affect; and established individual contracts with each executive management employee, and WHEREAS, California Employees Retirement System (CaIPERS) does require all government agencies to provide and make available to the public the salary of all full- time employees, part-time employees and Elected Officials in a single salary format specified by CaIPERS; and WHEREAS, the City of Baldwin Park has compiled the necessary salary data to update and maintain a single salary schedule required in compliance with the requirements of CaIPERS and has attached said report to this resolution as Attachment B, with the effective date, May 17, 2017, and supersedes City Council Resolution 2016- 157, the previous resolution and salary schedule. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate information for all full-time and part-time employees as well as Elected Officials.," attached hereto as Exhibit "B" to be effective on May 3, 2017. SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. APPROVED AND ADOPTED THIS 7th day of June, 2017. Manuel Lozano Mayor Resolution 2017-186 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 7th day of June, 2017, by the following vote: AYES: COUNCIL MEMBERS. NOES: COUNCIL MEMBERS.- ABSTAIN: EMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: Alejandra Avila CITY CLERK � ' � .. `��LL ' ' I, Y � a 6 � 0- w w N J 2 f f k � m 0 U LL 0 IL \ e C 2 \ W 2 S� ) O 8' E 1S ICD 6 01 0 ;a '0 04 ? \1 $ '& & XwJ� .� -El ƒ� \ is ((On // �\ ;$ @ o 2 ■ cu 4 \ � 2 0 v o� e � m k 0 .\ § \ \ 4z: .\: »...:.. '$ 7 0 0 § § Y < a CD P- r-- C) LO E Z L6 0 Im (D 2 0 C < L) co m> LL CO 0 a) 0 a- 0 .> W ao co Lo, Lo, v' r-- Lri r-, 3: W 69r- W, CNO, 67 M, (o C) Lf) I'D 04 Vi v q( co I- ClD W, 69 C9W 69 0 10 CD� Lo 0 N C (D ' N C141 � — (D vi cli 0 V-, LO Lr) LO, 0 00 Lf) m o C') . 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DEVELOPWLr 1 The attached Agreement for Community Development Director ("Agreement") with Gustavo Romo is presented for consideration by,the City Council. The Agreement is for a base pay at step three of the Salary Range, plus Executive Employee Benefits and a three-month severance pay for termination without cause. FISCAL IMPACT T he annual salary plus benefits can be absorbed by the current annual fiscal budget. It is recommended that the City Council approve the Agreement with Gustavo Roma for the position of Community Development Director (CDD). After going through- process, Council contract• • and bring it back to open sessionfor # # has the qualificationsand experience for this position. If approved the contract will be effective July 1, 2017. The Agreement sets the annual base pay compensation for the Community Development Director at step 3 of the Salary Range, which is Eleven T housand Nine Hundred and Nine Dollars and Eleven cents ($11,909.11) a month. This salary may be amended by mutual agreement of the parties in writing. The CDD receives the same benefits provided to other City Directors as set forth in the "Executive Employee Benefit Matrix" attached to the The Community Development Director is expressly an "At -Will" employee and serves at the pleasure of the City Council. Should the employee be terminated without cause, the Agreement provides for a three-month salary severance pay. Prior to receipt of any severance pay, the employee must sign a waiver of any future claims against the City. LEGAL REVIEW The City Attorney has reviewed the attached Agreement. ALTERNATIVES AGREEMENT THIS AGREEMENT is made and entered into this day, June 7, 2017, by and between the City of Baldwin Park, a general law city (hereinafter "City") and Gustavo Romo (hereinafter "Employee"). Section 1. Duties a. City agrees to employ Employee as Director of Community Development with the responsibility to perform all of the usual and customary duties of management and operation of the Community Development Department. Employee shall also work on such other legally permissible and proper duties and functions the Chief Executive Officer and/or 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. C. Nothing contained in this Agreement shall prevent Employee's occasional professional, teaching or related activities, subject to the prior approval of the Chief Executive Officer or City Council, which approval will not be unreasonably withheld and only if such activity does not affect Employee's performance of any of the Employment Duties. Employee shall not do any consulting during regular City business hours and shall not do any consulting with other Cities directly adjacent to Baldwin Park. Section 2. Compensation/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 Step 3, $11,909.11 a month. 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. 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 reasonable criteria determined by City. b. City shall provide to Employee all fringe benefits as are now, or as may hereafter be given to all department heads of City, as detailed in the attached "Executive Employee Benefit Matrix", as may be amended from time to time. Section 3. Employee is an "AT WILL," "EXEMPT" Employee a. Employee is an "AT WILL," "EXEMPT" employee and 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, or no reason at all, with or without cause, at any time, subject only to the provisions set forth in Section 4 of this Agreement. b. 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 with no notice required. Section 4. Tertninatioti Waive • and Sevei-ancej'al a. In the event the City Council terminates Employee's employment as Director of Community Development pursuant to this Agreement, and if Employee is not otherwise in breach of the terms of this Agreement, and if Employee executes a written waiver of any and all claims the Employee may have against the City, including, but not limited to, a Civil Code Section 1542 waiver, then and only then the City shall pay to the employee a lump sum cash payment ("Severance Pay") equal to three (3) months base salary plus the total of three (3) months of the City contribution amount toward the Executive Employee Benefits as designated in the Executive Employees Benefit Matrix under "Benefit Plan" (currently $1700 a month). The City shall be relieved of any obligation to pay Severance Pay if Employee fails to execute a waiver as described above or 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. Section 5. General Provisions a. This Agreement shall constitute the entire agreement between the parties regarding Employee's employment as Director of Community Development. b, The Agreement can only be modified in writing and only if signed by Employee and the Mayor of Baldwin Park. C. This Agreement shall be effective as of July 10, 2017, CITY OF BALDWIN PARK: EMPLOYEE: Mayor Manuel Lozano Gustavo Romo APPROVED AS TO FORM: City Attorney ATTEST: City Clerk N STAFF REPORT HUB OF THE SAWN GABRIE , Nv LrI� TO: FROM ITEM NO. 777, %i AIR` !i Honorable Mayor and City Council members Sam Gutierrez, Interim Director of Public Works DATE: June 7, 2017 SUBJECT: APPROVAL OF ADDITIONAL FUNDING FOR CITY PROJECT NO. 2016-0152 CORAK AVENUE STORM DRAIN SUMMARY This item will add an additional appropriation of $57,400 to City Project No. 2017-0152 — Corak Avenue Storm Drain Project to supplement funds for costs associated with additional work due to unforeseen site conditions. The costs were not anticipated primarily due to underground utility conflicts not detailed in plans. This appropriation will be applied to invoices covering the agreed-upon contract and change order work to date, as well as, construction engineering costs associated with the negotiation process for project close-out. FISCAL IMPACT The approval of this item will not impact the General Fund. The additional $57,400, authorized by this report, will come from Proposition C (Fund # 245) and Gas Tax (Fund #240). The following table shows the impact on the affected restricted funds: .._....... _........ �.. ... _ . Funding Description Recommended Appropriation _ Supplemental funds for approved contract and Prop. C Fund #245 $47,400 additional change order work Gas Tax Fund #240 ..._Construe... g.........__. --g p -, ..... ... ........ .,n ..................... ------------..... �� tion Engineering for project close-out $10,000 ............ ........ ... -- ._.. �.,� . --- _.. ......a...........� _„ --Total ------...... $57,400 RECOMMENDATION It is recommended that the City Council approve the appropriation of $57,400 for the additional work and construction engineering related to the project closeout work; and authorize the Director of Finance to make appropriate transfers and fund adjustments. BACKGROUND On August 3, 2016, City Council awarded a construction contract to Wright Construction, Inc. in an amount of $822,265 plus 9% for construction contingencies for a total project cost of $893,859. On November 2, 2017, the City Council approved an appropriation of $80,000 from Proposition C funds (fund #245) for the reconstruction sewer laterals found in conflict with the Storm Drain Alignment. This request for additional funds represents the second infusion of funds related to unforeseen underground utilities and would bring the total funds cost to $1,031,259. LEGAL REVIEW None Required, ATTACHMENTS None. ITEM NO. FF .. TO: Honorable Mayor and Members of the City Council of "�1" �� r the Ci of Baldwin Park t3' �.� � � ��'"THE,/ FROM: Rose Tam, Director of Finance w �."�.EY .„ ` DATE: June 7, 2017 SUBJECT: REFINANCING 2004 LEASE REVENUE BONDS SUMMARY This item authorizes staff to proceed with refinancing the City's outstanding 2004 Lease Revenue Bonds and approves the selection of an underwriter, financial advisor and bond counsel. FISCAL IMPACT The refinancing will reduce the City's annual debt service and associated costs to be paid from the General Fund by an estimated net amount of $1 million over 17 years. RECOMMENDATION Staff recommends that the City Council authorize preparation of documents required to refinance the outstanding Baldwin Park Financing Authority 2004 Lease Revenue Refunding Bonds, to be presented for approval at a subsequent meeting, and approve BOK Financial Securities, Inc. to underwrite the refunding bonds, and Harrell & Company Advisors, LLC to act as financial advisor and Quint & Thimmig LLP to act as bond counsel. BACKGROUND/DISCUSSION In 1989, the City financed the construction of the community center through the issuance of 1989 Certificates of Participation ("1989 Certificates") and secured the payment of the 1989 Certificates with lease payments payable from the General Fund. In 1994, the City refinanced the 1989 Certificates using proceeds of the Baldwin Park Financing Authority 1994 Lease Revenue Refunding Bonds ("1994 Bonds"). The 1989 Certificates and the 1994 Bonds both matured in 2019 (30 years from original issuance of the 1989 Certificates). In 2004, the City refinanced the 1994 Bonds using proceeds of the Baldwin Park Financing Authority 2004 Lease Revenue Refunding Bonds ("2004 Bonds"). At the same time, the City financed $3.8 million of additional public improvements, including improvements to the City's auditorium ($2.5 million), expansion of the Senior Center ($300,000) and other capital improvements ($1 million). In order to fund the additional projects, the maturity of the 2004 Bonds was extended to 2034. The current annual debt service payments are $682,000. The 2004 Bonds are eligible to be refinanced at this time. The expected savings from refinancing the 2004 Bonds is approximately $60,000 annually, or a reduction of more than 8.5% from the existing payments. This savings estimate will change based on any change in interest rate market conditions while the documentation for the refinancing is prepared. If the City Council authorizes preparation of financing documents, staff expects to request City Council Refinancing 2004 Lease Revenue Bonds June 7, 2017 Page 2 approval of those documents at the August 2 council meeting. The bonds could then be issued by the end of August. Harrell & Company Advisors and Quint & Thimmig were selected through a competitive process to act as financial advisor and bond counsel in connection with the recent issuance by the Successor Agency of Tax Allocation Refunding Bonds to refinance the pre -dissolution bonds of the Community Development Commission. Staff recommends continuing to use these firms for the refinancing of the 2004 Bonds, as they are familiar with the City and its finances. The fee proposed by Harrell & Company Advisors is $40,000 for all financial advisory services, including preparation of the official statement for the Bonds, and the fees proposed by Quint & Thimmig are $40,000 for all bond counsel services and $15,000 for disclosure counsel services. In addition, the City will need to choose a firm to underwrite the bonds. This is a firm that buys the bonds from the City and sells them to investors. Several underwriting firms have expressed interest in the City's financing: BOK Financial Securities, Piper Jaffray & Company and Newcomb & Williams Financial Group. The financial advisor obtained fee quotes from these firms. The results are shown below. Firm BOK Financial Piper Jaffray Newcomb Williams Reliresentat.ivc Carmen Vargas Tony Rapista Pam Newcomb Fee, b 0.495% O,695% 0.650% A) 1roxiniate :I'ec $38,100 $53,1100 $50,000 Staff recommends selecting BOK Financial Securities to underwrite the bond issue based on their lowest bid. LEGAL REVIEW This report has been reviewed by the City Attorney. ALTERNATIVES 1. One alternative is to not refinance the bonds. However the City will not realize the $1 Million savings over 17 years and is not recommended. 2. Another option is to do a formal RFQ for financial and bond council services. However staff have reviewed informal quotes as well as these two firms just successfully completed the Successor Agency refining and competitive prices. Since the fees are paid from bond proceeds there is no out of pocket City expense. This alternative is not recommended as it will unnecessarily delay the process and the resultant savings. ATTACHMENTS Harrell & Company Advisors Agreement — to be provided Quint & Thimmig Letter Agreement — to be provided BOK Financial Securities underwriting disclosures - to be provided STAFF REPORT HUB OF THE SAN GABRIELLA VALLEY JAW� TO: FROM: DATE: SUBJECT: ITEM NO. Honorable Mayor and Members of the City Council Samuel Gutierrez, Interim Director of Public Work June 7, 2017 i�✓'� PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2017-191, ORDERING THE ASSESSMENTS FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR THE FY2017-2018. SUMMARY The purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Landscaping and Lighting Maintenance District, FY2017-2018 (LLMD or District). FISCAL IMPACT The District's anticipated revenue and expenditures are summarized in the following table: Estimated Beginning Fund Balance 7/1/2017 $0.00 FY 2017-18 Estimated Revenue Assessment Revenue FY 2017-2018 $909,756 County Ad Valorem Tax $774,000 Penalties, Late Taxes, Earnings $93,500 .... ro. ®_, Total Revenue $1,777,256 FY 2017-18 Projected Expenditures Street Lighting $611,442 Landscaping $869,526 Traffic Signals $295,068 Total Expenditures $1,776,036 FY 2017-18 Operating Reserve / Deficit $1,220 Projected Balance 6/30/2018 �. -1-1,11-1 .. .. ....... .......�m.m �.. _ Beginning Fund Balance 07/01/2017 �. $0.00 FY 17-18 Revenues $1,777,256 FY 17-18 Expenditures $1,776,036 Projected Fund Balance 06/30/2018 $1,220 RECOMMENDATION It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution No. 2017-191, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH CITYWIDE LANDSCAPING AND LIGHTING MAINTENACE ASSESSMENT DISTRICT FOR FY2017-18, AND AUTHORING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." LEGAL REVIEW Reviewed by City Attorney. BACKGROUND Over the last decade, the District has been utilized to cover the costs of providing maintenance and improvements to the street lighting, traffic signal, and landscaping operations in the public right-of-way. This typical assessment has remained for over fifteen years. On May 17, 2017, the City Council adopted Resolution No. 2017-188 which approved the Engineer's Report for the LLMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing (June 7, 2017). The Public Hearing notice was posted as required. ATTACHMENTS 1) Resolution No. 2017-191 2) Engineer's Report � SII �N �,�; � L � I� . ' II � RESOLUTION NO. 2017-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2017-2018, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS WHEREAS, the City Council has previously ordered the formation of LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007-1 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highways Code; and WHEREAS, the City Council has adopted Resolution No. 2017-188 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring its intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY 2017-2018, and orders the annual levy and collection of assessment of the District as shown and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2017 and ending June 30, 2018. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall then be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. Resolution No. 2017-191 Page 2 of 2 SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 7t" day of June 2017. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2017-188 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 17, 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 Attachment #2 CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT ASSESSMENT ENGINEER'S REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII. D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ) Fiscal Year 2017-18 LqL�r 6r. CITY OF BALDWIN PARK DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Prepared tai: Community Economic Solutions May 10, 2017 City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page i CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2017-18 The Streets and Highways Code, Part 2, Division 15, Article 4, commencing with Section 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE Report........................................................................................................... 1 Part A - Plans and Specifications for the Improvements ................................ 3 Part B - An Estimate of the Costs of the Improvements ............................ -- 4 Part C - A Diagram for the Assessment District ............................................. 5 Part D - An Assessment of the Estimated Costs of the Improvements........... 6 Part E - Assessment Roll...........................................................................-- 8 engreport1718.docx MRUU?its Economic is Soluffims City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 1 FISCAL YEAR 2017-18 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer's Report in accordance with Chapter 1, Article 4 commencing with Section 22565. Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Landscaping and Lighting Maintenance District (the "Assessment District") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following: Part A Plans and specifications for the improvements. Part B An estimate of the costs of the improvements. Part C A diagram for the assessment district. Part D An assessment of the estimated costs of the improvements. A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2017-18 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. (c) The amount of any ,contributions to be made from sources other than assessments levied pursuant to this part. engreport1718.docx Conir "1unity EC=�: iIIt' i olut"i " ris City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 2 (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 22570 and 22571. The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. engreport1718,docx CAnnaniffity E `onc;uni ()1Uti()f7 City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 3 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2017-18 The proposed improvements include the construction, operation, servicing and maintenance of landscaping, traffic signals, street lighting and appurtenant facilities in public streets and public rights-of-way within the Assessment District; including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Landscgj2` g andryAc urtenant Facilities Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk and curb and gutter maintenance adjacent to street trees, and appurtenant facilities, in public street and public rights-of-way, including parkways, medians and dedicated easements within the boundary of said Assessment District. Li htinc: and Appurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide safety lighting and traffic signals in public streets and public rights-of-way and easements within the boundaries of said Assessment District. Power for the street lights and traffic signals shall be furnished by the Southern California Edison Company or its successors and shall be adequate for the intended purpose. Rates for power shall be those authorized by the Public Utilities Commission, State of California. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file in the office of the City Engineer and are incorporated herein by reference. engreport1718,docx commill'phy Ecff"Pnc'ofrpi ohitjom,; City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 4 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2017-18, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FY 2017-18 Budget Estimated Beginning Fund Balance 7/1/2017 $0 FY 2017-18 Estimated Revenue Assessment Revenue $909,756 County Ad Valorem Tax $774,000 Penalties, Late Taxes, Earnings $93,500 Total Revenue $1,777,256 FY 2017-18 Projected Expenditures Street Lighting $611,442 Landscaping $869,526 Traffic Signals $295,068 Total Expenditures $1,776,036 FY 2017-18 Operating Reserve / Deficit $1,220 Projected Fund Balance 6/30/2018 Beginning Fund Balance $0 FY 2017-18 Estimated Revenue $1,777,256 FY 2017-18 Projected Expenditures $1,776,036 Projected Fund Balance 6/30/2018 $1,220 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. engreport1718.docx Communi't. '" coru';'pi� h�� Soluth'''Pns City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 5 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The boundaries of the District are coterminous with the boundaries of the City of Baldwin Park. A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City of Baldwin Park, and is hereby made a part hereof by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. engreport1718.docx Q'WMf'I'lunity" ftononiic Sohl iun City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 6 PART D ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals, parks and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." "The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the California Streets and Highways Code]." In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered to be a tax governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." ASSESSMENT METHODOLOGY The landscaping, lighting and traffic signals are for the benefit and enjoyment of all properties within the District and all parcels benefit from the maintenance of the improvements. The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received. Traffic signal maintenance costs are assessed throughout the district on a per parcel basis. The criteria for the assessment spread of lighting and landscaping is as follows: Rectangular lots - street frontage 2. Irregular lots - width of lot at setback line - average of front and rear lot line lengths or - street frontage, whichever is most representative of benefit 3. Flag lots - one-half of total footage to each of the two lots 4. Corner lots - the narrowest frontage engreport1719.docx cornu fty, L°��'"iiiar'unni �";;�luth'w'ii '��^,ii City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 7 Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. BENEFIT ZONES The District is divided into four benefit zones. Zone 1 includes all residential parcels and Zone 2 includes all commercial and industrial parcels that are assessed for street lighting and traffic signal maintenance. Zone 3 includes all commercial, industrial and residential parcels that are assessed for landscaping maintenance. Zone 4 includes the West Ramona Residential Redevelopment Project (Tract Nos. 39090, 39635, 40746, 42828 and 41956) and is assessed for landscaping, lighting and traffic signal maintenance. The proposed assessment for Fiscal Year 2017-18 is derived by apportioning a part of the total cost shown in Part B among the assessable parcels in proportion to the estimated benefits. A portion of the Assessment District Revenues is derived from Countywide Property Taxes or the Ad Valorem Tax. The City receives this amount as part of its tax apportionment and has designated a percentage to be used for lighting and landscape purposes. _........... . .._.... --- Fronta a and Frontage Proposed Assessment Descri tion Parcel Counts Assessment Revenues* Zone 1 & 2 (Street Lighting) 2. Commercial / Industrial 90,551 L.F. $0.5543 / L.F, $ 50,193 1. Residential 650,452 L.F. $0.2809 / L.F. $ 182,712 Zone 3 (Landscaping) All Parcels (excluding Zone 4) 741,003 L.F, $0.7513 / L.F. $ 556,716 Zone 4 (Lights/Landscaping) Tract # 39090, 39635, 40746, 42828, & 41956 160 Lots $36.01 /Lot $ 5,762 Parcel #1164 14 Lots $51.44 / Lot $ 720 Zone 2 (Traffic Sinals� _ ..... Commercial / Industrial (includin2 Parcel #1164) 886 Lots $11.87 / Parcel $ 10,517 Zone 1 & 4raffic Si nals (T ...._._........ .... ....... All Parcels 13 770 Lots $7.49 / Lot $ 103,137 Grand Total $ 909,756 The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the City Council this data will be submitted to the Los Angeles County Auditor -Controller for the inclusion on the 2017-18 tax roll. engreport1716.docx 4,10111mu " dje City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 8 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Assessment Roll for City of Baldwin Park, Landscaping and Lighting Maintenance District, Fiscal Year 2017-18", which exhibit is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part C herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. Assessments are not levied upon public streets, utility easements, right-of-way, and common areas. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. engreport1718.docx C'on,imunity E1' °1'; tpotnic&)Iutions ITEM NO. STAFF REPORT ?"I-" W TO: Honorable Mayor and Members of the City Council 101* HUBOF THE FROM: Sam Gutierrez, Interim Director of Public Work,1 SAN GABRIEL �,� DATE: June 7, 2017 ,.... VALLEY SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2017-192, ORDERING THE ASSESSMENTS FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2017-2018 SUMMARY The purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Park Maintenance Assessment District for FY2017-2018. FISCAL IMPACT The District's anticipated revenue and expenditures are summarized in the following table: FY 2017-2018 Beginning Fund Balance (July 1, 2017) $18,898 Estimated Revenues ' .. ....... Proposed PMD Revenue, FY 2017-2018 ......e. e . ., _ .. .. $721,600 ..._. �� .. e . . w............ � City Contribution - General Fund, FY 2017-2018 .., ,.. ......., ......�w _ .... ...... ...... . ......... . . . d .... ... ..... — $158,946 Total Estimated Funds Available, FY 2017-2018 $880,546 Projected Expenditures _ ...... _ _ ....,.. Park Maintenance and Operation $880,546 OH & Transfers In/Out $0 1-1.1111- .......... ....................... .......... .. Total Projected Expenditures, FY 2017-2018 $880,546 Projected Ending Fund Balance (June 30, 2018) $0.00 PMD revenue for FY2017-2018 is anticipated to be $721,600 from assessments and another $158,946 from a General Fund Transfer. The total available funds are $880,546 which matched the estimated District cost for FY2017-2018. The $158,946 General Fund Transfer is needed to cover the District shortfall and is included in the draft FY20167-2018 Budget. RECOMMENDATION It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution No. 2017-192 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE DISTRICT FY2017-2018, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS. LEGAL REVIEW Reviewed by City Attorney. BACKGROUND The purpose of the Citywide Park Maintenance Assessment District (PMD) is to serve as mechanism for the financing of operations and maintenance associated with City Parks. It is recommended that the City continue these parks maintenance programs and fund them through special assessments provided by the PMD. In 1996, City of Baldwin Park property owner's approved the formation of a Park Maintenance Assessment District to financially support these programs, and the PMD's formation was established in conformance with Proposition 218 On May 17, 2017, the City Council adopted resolution No.2017-189 which approved the Engineer's Report for the PMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing (June 7, 2017). The Public Hearing notice was posted as required. ATTACHMENTS 1) Resolution No. 2017-192 2) Engineers Report Attachment # RESOLUTION NO. 2017-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2017-2018, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS WHEREAS, the City Council has previously ordered the formation of PARK MAINTENANCE ASSESSMENT DISTRICT FY 2017-2018 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highways Code; and WHEREAS, the City Council has adopted by Resolution No. 2017-189 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring it's intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY 2017-2018, and orders the annual levy and collection of assessment of the District as shown and set forth and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2017 and ending June 30, 2018. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall then be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. Resolution No. 2017-192 Page 2 of 2 SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 7th day of June 2017. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2017-189 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 17, 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: ALEJANDA AVILA CITY CLERK FIT M. m IT, " ' 7 9N CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT ENGINEER'S REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII.D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ) Fiscal Year 2017-18 rpm for: CITY OF BALDWIN PARK DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Community Economic Solutions May 10, 2017 City of Baldwin Park Citywide Park Maintenance Assessment District Page i CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2017-18 The Streets and Highways Code, Part 2, Division 15, Article 4, commencing with Section 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE ExecutiveSummary .......................................................................................... 1 Report............................................................................................................ ........ 2 Part A - Plans and Specifications for the Improvements .................................. 4 Part B - An Estimate of the Costs of the Improvements ..............................-- 5 Part C - A Diagram for the Assessment District .................................... --....... 6 Part D - An Assessment of the Estimated Costs of the Improvements.,....,.—, 7 Part E — Property Owner List and Assessment Roll ....................................... 15 parkreport1718.doc cornmurn't,y Economic. Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 1� EXECUTIVE SUMMARY The purpose of the Citywide Park Maintenance Assessment District is to generate revenues for the financing of the installation, maintenance and servicing of parks and recreational improvements, and certain facilities directly in support of such improvements and programs. Based on the provisions of the Landscape and Lighting Act of 1972, Article XIII.D. of the California Constitution (Proposition 218), and the Proposition 218 Omnibus Implementation Act, Baldwin Park property owners approved the formation of a Citywide Park Maintenance Assessment District and established assessments thereof beginning in Fiscal Year 1997-98. In June 2002, the City was unable to obtain the necessary property owner approval to increase the assessment rates to cover the increased costs of park maintenance. Consequently, the General Fund has been subsidizing the differences between the actual cost and the revenue from the assessment. This report is pursuant to and in compliance with Articles XIII.0 and XIII.D of the California Constitution and the Landscaping and Lighting Act of 1972. Based on the findings in this report, the assessment roll is generated wherein each Assessor's Parcel Number in the City of Baldwin Park is identified along with the amount assessed for the Park Maintenance Assessment District for Fiscal Year 2017-18. The assessment roll is included as part of this report, but is not bound herein. For Fiscal Year 2017-18, the Citywide Park Maintenance Assessment District is proposed to generate revenue of approximately $721,400, while the cost of park maintenance is budgeted at $880,546. The difference of $159,146 will be covered by the Beginning Fund Balance of $18,898 and a contribution from the City's General Fund of $140,248. The City has made an effort to reduce this program's impact on the General Fund, and over the last several years the City has steadily reduced park maintenance costs. The General Fund contribution is for general benefits and is not assessed. The proposed Fiscal Year 2017-18 assessments are 2.684% higher than last year based on the CPI adjustment allowed by the Citywide Park Maintenance Assessment District during its formation. DISTRICT FINANCIAL SUMMARY FY 2017-18 Beginning Fund Balance (July 1, 2017) Estimated Resources Assessment District Revenue + Delinquencies FY 2017-18 City Contribution - General Fund, FY 2017-18 Total Estimated Funds Available, FY 2017-18 Projected Liabilities Park Maintenance and Operation OH & Transfers In/Out Total Projected Liabilities, FY 2017-18 Projected Ending Fund Balance (J'une 80p 201 $18,898 $721,400 $140,248 $880,546 $880,546 $0 $880,546 0 parkreport1718.doc Community 1':mot°porrph S'CItILIti 7"'' City of Baldwin Park Citywide Park Maintenance Assessment District Page 2 FISCAL YEAR 2017-18 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer's Report in accordance with Chapter 1, Article 4 commencing with Section 22565. Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Park Maintenance Assessment District (the "Assessment District") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following: Part A - Plans and specifications for the improvements. Part B - An estimate of the costs of the improvements. Part C - A diagram for the assessment district. Part D - An assessment of the estimated costs of the improvements. A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2017-18 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. parkreport171B.doc Community 7Ecfpnomic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 3 (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 22570 and 22571. The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. arkre ort1718.doc omm P p ft.."" &7onotnic S' 111"1 City of Baldwin Park Citywide Park Maintenance Assessment District Page 4 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2017-18 The items that may be funded through the District are defined in the Landscaping and Lighting Act of 1972 (the Act) as Improvements. The Act defines Improvements to include the installation, maintenance and servicing of several types of landscaping and park and recreational improvements and facilities as shown below. However, the District can only assess for the special benefit that can be shown to be conferred from these improvements to the properties in the District. Installation 0 The installation or planting of landscaping. 0 The installation or construction of statuary, fountains and other ornamental structures and facilities. ■ The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 0 The installation of park or recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage; lights, playground equipment, play courts and public restrooms. a The acquisition of land for park, recreational or open -space purposes. A The acquisition of any existing improvement otherwise authorized. Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: • Repair, removal or replacement of all or any part of any improvement. • Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury. • The removal of trimmings, rubbish, debris and other solid waste. • The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing Servicing means the furnishing of electric current, or energy, or other illuminating agent and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any improvements. Plans and specifications of the improvements within the District are on file in the office of the City Engineer and are incorporated herein by reference. Maps showing the location of parks within the District are on file in the office of the City Clerk and incorporated herein by reference. parkreport1718.doc Cornnwrdt)t :coniil n' h':m SiII';',l,/ut 1 City of Baldwin Park Citywide Park Maintenance Assessment District Page 5 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2017-18, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FY 2017-18 Budget FY 2017-18 Beginning Fund Balance (July 1, 2017) $18,898 Estimated Revenues Assessment Revenue $721,400 General Fund Contribution $140,248 Total Revenue $861,648 Total Estimated Funds Available, FY 2017-18 $880,546 FY 2017-18 Projected Expenditures Park Maintenance and Operation $880,546 Total Projected Expenditures, FY 2017-18 $880,546 FY 2017-18 Operating Reserve / Deficit $0 Projected Ending Fund Balance (June 30, 2018) Beginning Fund Balance $18,898 Revenues $861,648 Expenditures $880,546 Projected Ending Fund Balance (June 30, 2018) $0 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. parkreport1718.doc ' ' �. � " Econornk'm Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 6 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The City of Baldwin Citywide Park Maintenance Assessment District includes all parcels of land within the City's corporate boundaries. Reference is made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of all parcels within the District. A map showing the exterior boundaries of the District is on file in the City Clerk's Office and incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. parkrepord 71 8.doc Cominunity E t'nick" of ion City of Baldwin Park Citywide Park Maintenance Assessment District Page 7 PART D ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS GENERAL Section 22573 of the Landscaping and Lighting Act of 1972, being Part 2, of Division 15 the State California Streets and Highways Code, states that, "the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." As the assessments are levied on the basis of benefit, they are not a tax, and therefore, are not governed by Article XIIIA of the California Constitution. As a result of the passage of Proposition 218 by voters on November 5, 1996, Articles XIIIC and XIIID have been added to the California Constitution. The new procedural and approval process outlined in these Articles applies to new assessment districts and increased assessments. In addition, properties owned by public agencies, such as a city, county, state or the federal government, must now be assessed by law unless it can be demonstrated that they receive no special benefit. Specifically, the assessment methodology for the Citywide Park Maintenance Assessment District will have to: ■ Demonstrate special benefit to assessed parcels over and above the benefits conferred on the public at large: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit'." Separate the general benefits from the special benefits conferred to parcels: "Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." ■ Determine the special benefit that should be attributed to public agency parcels within the new District boundary: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit. " The District assessment is based on land use such that property owners are assessed in proportion to the special benefits received. The land uses defined below are descriptive of all parcels expected to exist in the City of Baldwin Park in Fiscal Year 2017-18. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below. parkrepord718.doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Pcige 8 TABLE 1— FY2017-18 LAND USE DEFINITIONS Articles XIIIC and XIIID of the California' Constitution require that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Articles provide that only special benefits are assessable. The general benefits must be separated from the special benefits conferred on a parcel, a special benefit being a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. The Open Space Element within the General Plan for the City of Baldwin Park notes that the City is almost completely built out, and open space is limited to existing parks, school grounds, utility rights-of-way, and water channel areas. Within the City, over 530 acres of these properties are designated as open space. Baldwin Park offers five City parks and seventeen school playgrounds for recreation. In 1996, Morgan Park underwent a 2.5 acre expansion, where a new Community Center and Senior Center were built. In 2005, Barnes Park, located in the southwest quadrant of the City, was completely renovated and a 3,300 square foot recreation center was constructed. In 2008, the 15,270 square foot Arts and Recreation facility adjacent to City Hall was completely renovated, and the Senior Center underwent a 3,500 square foot expansion to create additional meeting space, restrooms and reception area. In 2009, new playground equipment was installed in Morgan Park and in 2010 that same play area was upgraded with recreation water features and public art amenities. parkreport1718.doc Comtnffnit,, ° &",-o1„;,°rnii;' i"':diffi n,iI,',I Land Use Code Land Use Description SFR Single family residential parcels CONDO Condominium or town home parcels MFR Multiple family residential parcels (2 dwellings or more) MH Mobile homes or Mobile Home Parks NONRES Commercial and industrial parcels INSTITUTION Institutional — Parcels owned by non-profit organizations VACANT Parcels without a building or similar structure - designated for each land use GOVT Parcels owned by a public agency EXE Parcels exempt from the assessment, because they do not benefit from park maintenance (sliver, open space, common area, railroad, or utility easement parcels) SPECIAL BENEFIT ANALYSIS Articles XIIIC and XIIID of the California' Constitution require that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Articles provide that only special benefits are assessable. The general benefits must be separated from the special benefits conferred on a parcel, a special benefit being a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. The Open Space Element within the General Plan for the City of Baldwin Park notes that the City is almost completely built out, and open space is limited to existing parks, school grounds, utility rights-of-way, and water channel areas. Within the City, over 530 acres of these properties are designated as open space. Baldwin Park offers five City parks and seventeen school playgrounds for recreation. In 1996, Morgan Park underwent a 2.5 acre expansion, where a new Community Center and Senior Center were built. In 2005, Barnes Park, located in the southwest quadrant of the City, was completely renovated and a 3,300 square foot recreation center was constructed. In 2008, the 15,270 square foot Arts and Recreation facility adjacent to City Hall was completely renovated, and the Senior Center underwent a 3,500 square foot expansion to create additional meeting space, restrooms and reception area. In 2009, new playground equipment was installed in Morgan Park and in 2010 that same play area was upgraded with recreation water features and public art amenities. parkreport1718.doc Comtnffnit,, ° &",-o1„;,°rnii;' i"':diffi n,iI,',I City of Baldwin Park Citywide Park Maintenance Assessment District Page 9 Morgan Park offers the most activities of any recreation area in the City, including boxing, horseshoes, basketball and volleyball. Morgan Park is centrally located; with the other City parks located south and west near the City's periphery. The area north of Los Angeles Street contains six elementary school sites, but no parks. About 60 percent of Baldwin Park's City park area is located south of Ramona Boulevard. Baldwin Park's recreation facilities and parks are vital to the community, especially for the high- density residential developments, which do not provide adequate play areas for their residents. Upon full build -out, it is expected that the City will have a ratio of 3 acres of parks, including school areas, for each 1,000 residents. This ratio is well within the National Recreation and Parks Association recommended standard of 2.5 acres per 1,000 residents. The majority of the City's parkland is under the control of the Baldwin Park Unified School District, with the City controlling 10 percent of the total parkland. Parks and recreational activities are managed by the City of Baldwin Park through a division of the City organization. As such, all parks administration and planning are centralized while recreational activities are conducted on a community -wide basis to take advantage of existing park facilities. This approach promotes the parks as a system or network to be used on a Citywide basis, rather than on a service radius basis which may be more common in other jurisdictions. All of the parks and recreational facilities are equally accessible to all the properties in the District. The maintenance of parks and recreational improvements provide a particular and distinct special benefit to parcels within the District. The desirability of parcels within the District is specifically enhanced by the presence of well-maintained parks and recreational facilities which are available for the use and enjoyment of residents, customers, clients, employees and visitors of the assessed parcels. The presence of properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements while avoiding the expense of privately installing and maintaining similar improvements. Only the parks summarized in this Report are funded through the District. The other open space areas that contribute to the open space element of the City are funded separately. The location of all the parcels in the District was found to be within 1 3/4 miles of at least one park, and 3/4 mile of at least one recreational facility in the District. Although some properties in the District are within 3/4 mile of more than one park, it was determined that residents cannot use the facilities of more than one park at one time, so the assessment rates are established at a uniform level throughout the District, In addition to providing opportunities for recreational use, the proper maintenance of park and recreational facilities improves the aesthetics of parcels within the District. Proper maintenance of landscaping reduces pollution and noise, provides for open space and the planting of otherwise barren areas, and reduces property -related crimes within the District, especially vandalism, through the removal and abatement of graffiti. The U.S. Department of the Interior, National Parks Service, in a publication of June 1984, concluded that, "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property value." All of the above benefits contribute to a specific enhancement of the quality of life and property values related to each of the assessable parcels within the District. parkrep®rt1718.doc ' :nf' " cg:mg°:w7ic 111 11011 lulii':ms City of Baldwin Park Citywide Park Maintenance Assessment District Page 10 In addition, the operation and maintenance of the City's parks confers a particular and distinct special benefit upon assessed parcels within the District, as follows: • The proper maintenance of parks and appurtenant facilities specially benefits parcels within the District by improving the physical and visual environment and making the District area more desirable. • Parcels within the District are specially benefited when public infrastructure including parks are in place, safe, clean and well maintained. • The proper maintenance of parks by the District provides increased District -wide attractiveness to prospective buyers. • The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks which are available for the use and enjoyment of the property owners and the visitors of the assessed parcels. • Having properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements. • The proper maintenance of landscaped parks provides increased attractiveness of the District as a place to live, work and do business. ■ Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on properties within the District. GENERAL BENEFIT ANALYSIS In addition to the special benefits received by the parcels in the District, there are general benefits conferred on the public at large by the maintenance, operation and servicing of park and recreational facilities. Census data and socio-economic characteristics for the City of Baldwin Park would generally indicate a higher than average park usage by local residents. The higher densities and a greater number of persons per household as documented by census data would indicate a higher than average special benefit from the funded park improvements. Additionally, in higher density areas such as the District, the value of the open spaces afforded by parks is at a particular premium. However, parks and recreational facilities are an important part of any thriving community. The general benefit arising from the park and recreational improvements can be measured by examining the usage of the facilities by the public at large. Each park has been examined to determine the average number of registrations received by the Recreation and Community Services Department for individuals or teams from outside of the District boundaries. The percentage of out - of -district registrations to total registrations is used to determine that portion of the park budget related to general versus special benefit. City staff has determined that out -of -District registrations equal approximately 15 percent of all registrations. Thus, 15 percent of the assessment budget will be assigned as general benefit. In addition, the City has elected to contribute an additional amount over and above the 15 percent level in order to maintain assessments at approximately the same amount as in prior years. FORMULA The formula recognizes that properties have different levels of benefit depending upon the typical population associated with the type of land use. The formula considers these differences and fairly distributes the special benefit among all residential parcels and lots within the District. Each of the special benefits identified above in "Special Benefit Analysis" are considered to benefit each parcel in proportion to the typical population associated with the parcel's land use as reported by the City of Baldwin Park Planning Division. parkreport1718.doc Conirnunil,v, Ei' '; no City of Baldwin Park Citywide Park Maintenance Assessment District Page 11 In order to establish the proportionate share of benefit from any one parcel of land in relation to the total benefit to the District, it is necessary to establish a benchmark to relate that one parcel to all others. This benchmark is called the Equivalent Dwelling Unit. The District uses a single family residence as the benchmark Equivalent Dwelling Unit. All other land uses, as represented on the County Assessor's master property file, will be compared to the benchmark of the Single Family Residence to gain a comparative Equivalent Dwelling Unit ("EDU") based on population data as found in the 1990 Census Data for Baldwin Park, as provided by the City of Baldwin Park's Planning Division. Following is a discussion of EDU values for each type of land use within the Assessment District. The EDU values for condominiums, multi -family and mobile homes are based upon a comparison of the average population per household for single-family residences versus the average household population in condominiums, multi -family and mobile homes. The calculation of each EDU value is shown below: For Single Family Residential: Single fami/V i2ogulation ger household 4..08 Single family population per household 4.06 For Condominium Residential: C017do o ulatiot er household 3.75 Single family population per household 4.06 For Multi -Family Residential: Multi-fam#Z p9pulation :ger° household 4.25 Single family population per household 4.06 For Mobile Home Residential: Mobile /-tome pppu/ tion ger household 2.03 Single family population per household 4.06 = 1.00 EDU's/unit = 0.92 EDU's/unit = 1.04 EDU's/unit = 0.50 EDU's/unit The EDU values for commercial, office, business and industrial land uses ("non-residential") are based on a comparison of the typical single family lot acreage versus the actual size of the non- residential use. Special benefit to non-residential parcels results from the use of recreational facilities by employees and customers, which generally increases in number as the parcel size increases. Therefore, the assessment on non-residential property is based on acres, as opposed to residential parcels which are based on dwelling units. Within the District, the typical single-family parcel size is 8,500 square feet. Approximately 20 percent of each acre of residential land, on average, is dedicated for streets and other public uses resulting in a net acreage available for the subdivision of approximately 4.10 lots per acre, which is rounded down to 4 lots per acre. Therefore, using the single family residence as a base, an acre of non-residential property receives the same number of EDU's as an acre of residential property, that is, 4 EDU per acre. Non-residential lots CO-) 4 lots per acre Single family EDU @ 1.00 per lot = 4.00 EDU's /acre Furthermore, non-residential parcels more than half an acre and less than an acre is assigned a minimum of 4 EDU per parcel to reflect the minimum benefit these parcels receive. Non-residential parcels below one-half acre are assigned 50 percent of 4.0 EDU's, or 2.0 EDU's per parcel. The EDU value for the institutional, church, school, college and day care land uses ("institutional") is calculated at one (1) EDU per parcel. This per parcel assessment rather than per acre assessment is in recognition of this land use category's traditionally lower demand for park facilities parkreport1718,doc C°oinn'°uinity, &1!! rnr rnig'� &'iihM 'h:m City of Baldwin Park Citywide Park Maintenance Assessment District Page 12 as indicated by the City's Recreation and Community Services staff. In addition, institutional parcels receive less benefit than other non-residential parcels in the District from the operation, maintenance and servicing of parks in the City for several reasons. Institutional parcels function differently than non-residential parcels in that they: 1) typically operate fewer days in the week, 2) generally have an inconsistent number of people using the facilities daily, and 3) have a less intensive use than the property size alone would indicate because in general, the institutional parcels in the District contain large green areas that function as open space. Therefore, the institutional parcels should be assessed at a lower level than the non-residential parcels, and are assigned 1 EDU per parcel. As a result of the passage of Proposition 218, the assessment methodology for the Park Maintenance Assessment District has to determine the special benefit attributable to public agency parcels within the District boundary. Section 4 of the Proposition states, "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit." In comparison to non-residential and institutional parcels, governmental properties also benefit from the proper maintenance of parks, since such parks attract potential customers and employees as shown below. Certain governmental parcels benefit from the District because the proper maintenance, operation and servicing of parks: • reduces property -related crimes against properties within the District, especially vandalism, through the abatement of graffiti; • improves the aesthetics of public parcels through the proper maintenance of landscaping and the planting of otherwise barren areas; • reduces pollution and noise in surrounding areas throughout the provision of open space; and • by improving the physical and visual environment and making the District area a more desirable and attractive place to work and do business. Additionally: Having properly maintained parks readily accessible to the public properties means that the public agencies may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements; and Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on public properties within the District. However, governmental parcels receive less benefit than other non-residential parcels in the District from the operation, maintenance and servicing of parks in the City. For instance, a portion of most public properties are used as park and/or recreation areas. This portion of these properties does not benefit from the District improvements because it provides the same use and function that the funded improvements provide. Additionally, governmental properties generally do not benefit from the resale value of their properties. Consequently, the specific benefit of increased property value that is conferred to other properties in the District is not conferred to governmental properties. Therefore, the governmental parcels are assessed at one-quarter the rate of non-residential uses, but as the size of the parcel increases, the benefit increases, and therefore, the assessment amount increases. The special benefit to undeveloped property in the residential, non-residential and institutional land use categories is based on the assumption that such undeveloped property benefits from the ongoing maintenance of recreational facilities because the facilities will be in good and ready condition in the future when the vacant property is developed. For the purposes of this Engineer's parkreport1718.doc 't':',wrnrruinfl'Y Solution City of Baldwin Park Citywide Park Maintenance Assessment District Page 13 Report, the special benefit to undeveloped property is assigned a value corresponding to 40 percent of the developed property EDU values for the same land use designations. This discounted value recognizes the reduced current value due to the uninhabited nature of the property. Finally, parcels of raw land and homeowner's association common area are assigned an EDU value of zero (0), based on a projection that these parcels are likely never to develop and therefore will receive no benefit from the improvements. Similarly, railroad right-of-way parcels, public utility right-of-way and well site or reservoir site parcels, water rights parcels, and other similar land uses are also assigned an EDU value of 0, because of little or no possibility for residential or non- residential or institutional development and therefore no benefit. The following table sets forth the population per unit as shown in the 1990 City of Baldwin Park census data, the equivalent dwelling units as discussed above, and the resulting assessment amount per unit, parcel or acre. parkreport1718.doc C1 tmmun4y Si1)Iuth''1ns TABLE 2 -- ASSESSMENT FACTORS Population Equivalent Assessment per Unit, Land Use Description per Unit Dwelling Units Parcel Sin le Famil Residential 4.06/unit 1.00/unit uAcre $35.2it Vacant Single Family Residential ------- 0.40/parcel $14.08/parcel Condominium 3.75/unit 0.92/unit $32.38/unit Multiple Family 4.25/unit 1.04/unit $36.61/unit Mobile Home 2.03/unit 0.50/unit $17.60/unit Non -Residential > 1 acre 4.00/acre 4.00/acre $140.80/acre Non -Residential > .5 - < 1 acre 4.00/parcel 4.00/parcel $140.80/ arcel Non -Residential < .5 acre 4.00/parcel 2.00/parcel $70.40/ arcel Vacant Non -Residential > 1 acre ------ 1.60/acre $56.32/acre Vacant Non -Residential >.5 - < 1 acre .... 1.60/parcel $56.32/ arcel Vacant Non -Residential < .5 acre ------ 0.80/parcel $28.16/ arcel Institutional 1.00/parcel 1.00/parcel $35.20/ arcel Vacant Institutional -- 0.40/ arcel $14.08/parcel Government > 1 acre 4.00/acre 1.00/acre $35.20/acre Government > .5 acre - < 1 acre 4.00/parcel 1.00/parcel $35.20/ arcel Government <.5 acre 4.00/ arcel 0.50/parcel $17.60/ arcel Exem tion w -- -- 0.00/par $0.00/ arceI �� parkreport1718.doc C1 tmmun4y Si1)Iuth''1ns City of Baldwin Park Citywide Park Maintenance Assessment District Page 14 ENGINEERING AND INCIDENTAL EXPENSES All parcels within the District benefit from the ongoing operation of the District. Therefore, all parcels assessed in the District receive a proportional share of the administrative costs for the District based on their assessment for park maintenance. THE MAXIMUM ASSESSMENT AND ANNUAL ADJUSTMENT The Maximum Assessment is the annual assessment shown in the Assessment Roll, on file in the Office of the City Clerk and by this reference incorporated herein. Commencing with Fiscal Year 2006-2007 and for each year thereafter, the assessment for the District is subject to an Annual Adjustment limit. The Annual Adjustment shall not exceed the change in the Consumer Price Index ("CPI"), All Urban Consumers, for the Los Angeles -Anaheim -Riverside Area from March through March of the previous calendar year. For Fiscal Year 2017-18 the calculation is as follows: March 2016 to March 2017 Consumer Price Index: March 2017: 254.525 March 2016: -247.873 6.652 / 247.873 = 0.02684 * 100 = 2.684% Future annual assessments within this limit may be approved by the City Council without additional property owner ratification. These limits may be exceeded only with a majority property owner approval of either: 1) a supplemental assessment; 2) a revision of or supplement to the maximum assessment and/or adjustment formula, or 3) any other methodology amenable to the property owners within the District boundary. The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the Council this data will be submitted to the Los Angeles County Auditor -Controller for the inclusion on the 2017-18 tax roll. parkreport1718.doc � "fir" ��' ` &:`ont mh; Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 15 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Assessment Roll for City of Baldwin Park, Citywide Park Maintenance Assessment District, Fiscal Year 2017-18", which is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. parkreport1718 doe Cz'Ommunil' ftc�Mi "" soluti("Pn ITEM NO. - .._. �`-- TO: Honorable Chair and Board Members of the Successor on ti Agency to the Dissolved Community Development He :"� Commission of the City of Baldwin Park _,,,,SAW 6, sirL !� � FROM: Rose Tam, Director of Finance NA I�r " 'gym WOO DATE: June 7, 2017 SUBJECT: REPEAL SALES TAX ORDINANCE SUMMARY This item repeals the former Baldwin Park Redevelopment Agency Ordinance No. 1. FISCAL IMPACT Eliminates the allocation of approximately $400,000 of annual sales tax generated in the Puente - Merced Redevelopment Project to the Successor Agency, which sales tax will be allocated to the City's General Fund in future years. RECOMMENDATION Staff recommends that the Successor Agency introduce for first reading Ordinance No. 2 entitled "AN ORDINANCE OF THE SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK REPEALING ORDINANCE NO. 1 REGARDING SALES AND USE TAXES" BACKGROUND/DISCUSSION In 1985, the former Baldwin Park Redevelopment Agency ("Former Agency") adopted an ordinance ("Ordinance No. 1") enacting a sales and use tax applicable to the Former Agency's Puente -Merced Redevelopment Project ("Project Area"). This resulted in the sales and use taxes generated in the Project Area to be allocated to the Former Agency and not to the City's General Fund. Once the sales tax from the Project Area was allocated to the Former Agency, the Former Agency was able to pledge the sales tax to repay tax allocation bonds issued for the Project Area. Subsequent to the dissolution of the Former Agency, the sales tax from the Project Area continued to be allocated to the Successor Agency, and the pledge could not be eliminated until the bonds were no longer outstanding. In May 2017, the Successor Agency issued tax allocation bonds ("2017 Bonds") to refinance all outstanding bonds of the Former Agency, including those bonds secured by the Project Area sales tax. The Successor Agency only pledged the combined Redevelopment Property Tax Trust Fund deposits to repay the 2017 Bonds. Now that the sales tax from the Project Area is no longer pledged to any debt, Ordinance No. 1 may be repealed and the sales tax will be allocated to the General Fund once the ordinance is effective and the State Board of Equalization is notified. Repeal Sales Tax Ordinance June 7, 2017 Page 2 LEGAL REVIEW ALTERNATIVES 1. Do not repeal Ordinance No. I SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY ... DEVELOPMENT COMMISSION OF THE CITY OFw B_ALDWIN PARK ORDINANCE NO.2 AN ORDINANCE OF THE SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK REPEALING ORDINANCE NO.1 REGARDING SALES AND USE TAXES WHEREAS, pursuant to section 34172(a) of the California Health and Safety Code (unless otherwise noted, all section references hereinafter being to such Code), the Community Development Commission of the City of Baldwin Park, successor to the Baldwin Park Redevelopment Agency (the "Former Agency'), has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to section 34173, and the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park (the "Successor Agency") has become the successor entity to the Former Agency; WHEREAS, on November 6, 1985, the Former Agency adopted Ordinance No. 1 (the "Sales and Use Tax Ordinance"), enacting a sales and use tax applicable to the Successor Agency's Puente -Merced Redevelopment Project; and WHEREAS, the Successor Agency has no obligations the repayment of which is secured by a pledge of sales and use taxes levied pursuant to the Sales and Use Tax Ordinance, and the Successor Agency does not need any of such sales and use taxes to pay any of its obligations; NOW, THEREFORE, BE IT ORDAINED by the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park that: Section 1. Repeal of Sales and Usem_TaxmmOrdinance. The Successor Agency hereby repeals the Sales and Use Tax Ordinance. Section 2. Effective Date. The Secretary shall certify to the passage and adoption of this Ordinance, which shall take effect immediately upon its adoption. Ordinance No. CRA June 7, 2017 Page 2 I, - Secretary to the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 2 introduced on June 7, 2017, and adopted at a regular meeting of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park held on June 7, 2017, which was approved by the following vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSTAIN: DIRECTORS: ABSENT: DIRECTORS: Secretary ITEM # /Y ANAM [S'FFF .. _... y 11 FIR TO: Honorable Mayor and City Councilmembers rHj FROM: Sam Gutierrez, Interim Public Works ! re qtr Amy L. Harbin, AICP, City PbSAN GAPRIEL � ✓`u'" L; " ! DATE: June 7, 2017 SUBJECT: A REQUEST FOR DIRECTION FROM THE CITY COUNCIL REGARDING EXISTING ON-CALL PROFESSIONAL SERVICES FOR THE PUBLIC WORKS DEPARTMENT AND COMMUNITY DEVELOPMENT (BUILDING) DEPARTMENT. SUMMARY This report, which is continued from May 21, 2017, requests that the City Council provide direction regarding the current on-call professional services agreements with Infrastructure Fnginecrs, Vanir Construction Management and La Canada Design Group, which are set to expire on June 19th, 2017. The professional services involved include the following: A. Public Works Project Management B. Civil and Traffic Engineering Design Services C. Construction Management D. Inspection Services for Engineering Projects E. Land Surveying F. Landscape Architecture Design Services G. Pavement, Geotechnical and Materials Testing Services H. Environmental Document Services, Community Relations/Public Outreach Services I. Labor Compliance Services J. Building Plan Check K. General Building Official Services L. Architectural Design Services RECOMMENDATION Staff requests that the City Council provide direction: 1) Prepare and circulate an updated Request for Qualifications (RFQ) for General On -Call Professional Consulting Services for the areas noted above and extend the existing on-call professional listing until such time that the RFQ process is complete and a new listing for on-call professional services is established; OR 2) Extend the existing on-call professional listing until June 30, 2019, an additional two (2) years. FISCAL IMPACT These agreements in and of themselves do not have any fiscal impact on any City fund. These agreements only pre -approve consultants that may be used on an on-call basis. On -Call Professional Services June 7, 2017 Paee 2 LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. BACKGROUND On June 18, 2014 the City Council approved a list of Consultants/Consulting Teams to be on-call for a variety of professional services. This list was the cumulation of an exhaustive process that began on April 22, 2013 and resulted in over 70 qualification packages being submitted. The final listing of engaged consultants includes the following: 1) in restructure Engineers for Civil and Traffic Engineering Design Services, Project Management, Construction Management, Inspection Services for General Engineering Projects, and Land Surveying Services; and 2) Viiaaair Consiruction Management for Project Management, Construction Management and Inspection Services for Building Projects, Landscape Architecture Design Services, Pavement, Geotechnical and Materials Testing Services, Environmental Document Services, Community Relations and Public Outreach Services, Grant Writing Services, and Labor Compliance Services; and 3) La Canada Desi yaa ('rota i for Architectural Design Services. On September 2, 2015 the City Council approved an amendment of the General on -Call Professional Services Agreements with the three (3) firms which were originally approved on June 18, 2014. Approval of the item added Building Inspection, Plan Checking and Contract Administration, including value engineering, construction review and quality control to the services to be provided by Infrastructure Engineers and made changes to the compensation section of all three (3) agreements. Specifically, Section 7 of each contract was changed to: 7. Compensation A. All task orders issued to the Consultant shall be authorized by the City's Chief Executive Officer or his designated Director and agreed by the Consultant. The task order must specify the scope of work, duration of the task assigned, and the amount of compensation, and shall not exceed one -hundred twenty thousand dollars ($120,000) unless approved by action of the City Council. B. City agrees to compensate the Consultant for each service which consultant performs to the satisfaction of the City in accordance with the scheduled Hourly Rate and Price Sheet set forth in Exhibit A of the Agreement. Payments will be made only after submission of milestone work product and submission of proper invoices in forms specified by the City. C:tAmylAMYtWORD\Reports\Courncil Reports\On-Call Professional Services PW Piny Bldg #2 doc On -Call Professional Services June 7, 2017 Paae 3 C. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope of issued task orders shall be paid by CITY. It should be noted that staff could not locate the signed originals or signed copies of the amendments approved by the City Council on September 2, 2015 for Vanir Construction Management or La Canada Design Group. DISCUSSION The City needs specialized consultants to assist with it various current and future capital improvement projects and some day to day tasks such as building plan check. By pre -qualifying consultants to be utilized on an on-call basis, the two to three months traditionally used in soliciting consultants through a specific RFQ/RFP process is eliminated on the front end of each project. Every project assigned to a consultant will still require a separate written scope of work and contract. Dependent upon the overall value of the contract, approval would be by the Department Head, Chief Executive Officer, or the City Council. Staff is suggesting two (2) options in no particular order. 1) Extend the current Professional Services Agreements for an additional two (2) years. This would eliminate the time necessary to prepare/modify a Request for Qualifications, review the submittals, conduct reference checks, and prepare reports with recommendations to the City Council by approximately 3-6 months. New Requests for Services would be prepared for the beginning of the new fiscal year, July 1st, and some of the items contained in the new Request for Services (RFS) would be renegotiated per each RFS. 2) Extend the current Professional Service Agreements until a Request for Qualifications is circulated, staff reviews submittals, conducts reference checks, etc. This would enable the City to gauge the level and cost of services to today's standard. ALTERNATIVES The City Council may choose not to select between the staff suggested options at this time and direct staff to bring the item back for consideration at a later date. However, with the expiration of the agreements fast approaching, this action is not recommended as it will have an adverse effect on continuation of these important services. ATTACHMENTS #1, Professional Services Agreement & Amendment with Infrastructure Engineers #2, Professional Services Agreement & Amendment with Vanir Construction Management #3, Professional Services Agreement & Amendment with La Canada Design Group i:V4my\AMY\WORD\Rerrorls\Gouricil Reports\On-Call Professional Services PW Ping Bldg #R2 doc AT"I'ACHMEN'll #1 PROFESSIONAI, Sl'JtVICES A(,"-#,R,EEMEN'I'& A, Mli'l N D M liJ'N'f Wlr'[,I,_,t I NFRAS"I" R I J Cl 4 __ .. . . ................ . ..... . . ... - , ", This Agreement is entered into this 19th day of June, 2014 by and between the City of Infi-astructure Engineers ("CONSULTANT"). k CITY has determined that it requires the following professional services from consultant on an on-call basis: 11w4mmr-amn ff,,4M=t - 1 0 - -, - 2. Project Management, Construction Management, and Inspection Services for General Engineering Projects; B. CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. CONSULTANT fWther represents that it is willing to accept responsibility for performing such services in accordance with the ternis anif. conditions of this Agreement. A. "Scope of Services": Such professional services as are set forth in future UT-MmIffl- B. "Approved Fee Schedule". Such oompensation rates as are set forth m' the fee im 1311MOOMMI A. Sco e of Sqn-vic . Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Amy changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. 111!11�� I Mry- . forth in Exhibit C attached hereto and incorporated herein by this reference. C.Standard of Pernc fon-nac. CONSULTANT shall perform all work to the highest . --- - --- ----- ------ ...... 0 1 111��1111 I! F! I 11110i 1,1=1101M, am ililli I Iff! III 111 11 ••I•I I I I• 1 .1 3. REPRESENTATIVES A. Q' kty_,,,IL t,i-y-e. For the purposes of this Agreement, the contract administrator and CITY's representative shall be the City Engineer, (hereinafter the "City Representative'). It shall be CONSULTANT's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONSULTANT shall refer any decisions which must be made by CITY to the City K'Iepresentative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. C""onsillf"W11J� rnht.aive. For the purposes of this Agreement, Sid Mousavi is hereby designated as the principal and representative of CONSULTANT authorized to art on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal"). The Responsible Principal may not be changed b-1 A. CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by CONSULTANT or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. B. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. fif (a) subconsultant/s arelis used thea insert Section 4CJ C. As provided in Exhibit A, CONSULTANT may utilize the services of subconsultants to undertake specific work tasks. Fees for services provided by subconsultants, identified in Exhibit A, shall be compensated as set forth in Exhibit B. D. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. E. CONSULTANT shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. F. 1 unriil �an(l -1.1 enses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license. Except as otherwise authorized by CITY in writing, CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. This Agreement is effective as of the Commencement Date and shall terminate on the I A. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in future amendments to this agreement. Total compensation, including reimbursement for actual expense, shall not exceed ten thousand dollars ($ 10,000), unless additional compensation is approved in writing by the Chief Executive Officer of the City or the City Council. B. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement. C. Addifional Se-viccs. No claims for additional services performed by CONSULTANT which are beyond the scope set forth future amendments will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services. Additional services, if any are authorized, shall be compensated on a time and materials basis using CONSULTANT's Approved Fee Schedule (Exhibit A). Fees for such additional services shall be paid within thirty (30) days of the date CONSULTANT issues an invoice to CITY for such services, CONSULTANT shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement, Each invoice shall itemize the services rendered during the bg period and the amount due. Such itenotis shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back-up documentation mid receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. All reports, documents or other written material Cwritten products") developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. CONSULTANT may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by CONSULTANT. 10. TRAVEL REIMBURSEMENT Travel required by CONSULTANT or any subconsultant. or subcontractor pursuant to th the ■ services agreed to be performed under this Agreement. Travel expenses shall •be reasonab - and shall be incurred in the most cost efficient manner possible. All requests for trav- recei reimbursement shall be accompanied by appropriate back-up documentation and I CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONSULTANT. All data, documents, discussion, or other information developed or received by )ITT (11 shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITY upon the termiation of this Agreement. CONSULTANT's covenant under this Section shall survive the termination of this Agreement. CONSULTANT hereby warrants for itself, its employees, and subcontractors that those Comer,- ivm��zz�vAzdcwiqkt,74) i, I 1dWVL9t*fA.7 414 it14iP*-_tPW"_4t would conflict in any manDer with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONSULTANT in connection with this project. CONSULTANT hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONSULTANT agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that CONSULTANT executes in connection with the 1pierformance of this Agreement. RUMM19' � � W A. To the full extent permittedby law, CONSULTANT shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of #'WXPA_WQQW#__ 97"�9--Dfkb-4 iLWAI a*-VWAj� and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents� subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. The parties understand and agree that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. CONSULTANT's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, I its officers, agents, employees and volunteers. identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations for the benefit of CITY, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless indemnification provision shall apply regardless of whether or not any insurance policies detern-dned to be applicable to the claim, demand, damage, liability, loss, cost or expen] CONSULTANT agrees that CONSULTANT'S covenant under this Section shall survive the termination of this Agreement. E. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation laws regarding CONSULTANT and CONSULTANT's employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due. to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 15. INSURANCE A. CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows; 1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4. Professional Liability insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence B. CONSULTANT shall require each of its sub -consultants or sub- contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONSULTANT agrees that if it does not keep the insurance required in this Agreement in fall force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, 1 1•1 1 ��ill�illi�l•l�l�i�,i��il�ll�iiii��l�i,� 1!11 1 1 1 1 1�11111I�11• ERFETIRM with Cr[Y's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. term of this Agreement have been renewed or replaced with other policies providing at least the Wrim•••11 1 'O�WRIIIFITITW III, ITIR11111 �1 ssg� G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. 1-1 - The insurance provided by CONSULTANT shall be primary to any other coverage available to CITY. Any insurance or self-insurance maintained by CITY, its office contribute with it, 1. All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY. J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. CONSULTANT is a Limited Liability Company, general liability coverage agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as full performance of CONSULTANT's duties to ndemnify, bold hannless and defend under Section 14 of this Agreement. A. CITY shall provide CONSULTANT with all pertinent data, documents and other requested information as is reasonably available for the proper perfonnancc of CONSULT 's services. B, In the event any claim or action is brought against CITY relating to CONSULTANT"s performance in connection with this Agreement, CONSULTANT shall render any reasonable assistance that CITY may require. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to CONSULTANT. CONSULTANT shall have the . . ....... . . . — 7 right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. CONSULTANT agrees to cease all work under this Agreement on F.,;. In the event of termination or cancellation of this Agreement by CITY, due to no ault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In n6 event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall notbe liable for any failure to perform if CONSULTANT presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of CONSULTANT. 111M, M -- on: (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore If to CITY: 14403 E. Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 813-525 With a courtesy copy to: Robert Tafoya, City Attorney Tafoya and Qircia 3l W. 2"' Street, Suite 1000 If to CONSULTANT: Attn: Sid Mousavi - — -- . ..... -- .......... 18 15 EMS1 I -16M Me. _S le, 100 Telephone:,(' 4)940-0100 Los Angeles, CA 90012 Telephone: (213) 617-0600 email: Robert@tafoyagarcia.com Facsimile: (213) 626-0078 . . . . . . . . . . . . . . . . 5 L' yx- --j I ii the pertortnance of this Agreement, U r employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. RMGNI��91 CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT. In the event that CITY or CONSULTANT commences any legal action or proceeding to I'll I• . . oithk�w - 11 PRIP1111 Agreement. In the event of any material discrepancy between the express provisions f -Itis A.if -eextext axt ynovisii#a�s +f 2--ty 4(ticune:ct ixotx•)+rztei, 'Vy refere�tce, tle ?Pr1#0v1R(4'j R f this Agreement shall prevail, This instrument contains the entire Agreement betwel CITY and CONSULTANT with respect to the subject matter herein. No other prior oral *r written agreements are binding on the pai-ties. Any modification of this Agreement SEEM =MVMMMTM-71�� This Agreement shall be governed by and constmed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenfoiceable, the remaining provisions shall nevertheless continue in full force and effect. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the AgTeement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the game instrument. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly 089=. my CITY OF BALDWIN PARK Manue cl;,Z_a)_,,:,') Mayor Z' ATTEST: City clr Robert'fatc)ya City Attorney B y: President, (".1i iel'Execm live Officer By; -- — — -------- linsert name SIGNA TUAES TO BIND A CORPORATI01V _-,Civil,Engineering 1,�099ra nt Project Manager $149 Project Director $165 Geo -Technical Engineer $139 ProgramManager Senior EngineerSr. Program Coordinator Senior I Engineer $129 ProgramAssistant Engineering ci to Engineering i Engineering Engineering Technician _��pal CAD Manager $119 CityEngineer$149 CAD Operator $85 City Traffic Engineer i Deputy Engineer$129 iTraffic. Engineering Dep. Cityt in r "i I$129 Principal Engineer 1$129 Senior Traffic Engineer$129 Traffic Engineer $119 iBuilding Plan Checker 1 ---i Engineering Associate $98 Building Official $139 Engineering Assistant $85 Plan CheckEngineer Engineering Technician Senior Building Inspector Transit Planner $120 BuildingInspector Technician i C�9ericai Project Manager $14 " Survey Analyst $129 Organi rl for 5 Plan Checker (subdivision & Survey Document) $129 ClarkTypist Construction Managemen _4 r Charges Construction r $149 Delivery Resident Engineer $129 Mileage$0.60/ mile Scheduler/Controller Travel s % Senior Inspector $75 Reimbursements Cos % Inspector Technician Labor Compliance `s��■ � i � ,--. r s �, :>� :.� s '� .�■ ....� ■ - -- -: . i• �s - +. r-. as .:s, r i ANIENDMENT'rCp AGREEIN11"Wr Foii This amends 1heAgwommu is enamd Mw on We I Mh wy orhme, 20W by Ad between be CilyorBaldwin Park ("CITY") and J�,J,� (''SERVICH, 11ROVIDE'R"), A. Ackfilinnal Scope of Work L CITY has delerinined thrul it requires be Rdhwhg pmQw&nM sadues Goin a SERVICE VROVIDER: 10)JIlly It"vie)y, and qw�jlhly c-marq[ in 2. SERVICH PROVIDER irpnmm"s At h is ROY Wmhkd to pullmil such prollessional seii,ices by virtue ol'its exporiciwcand the principals and uniployees, SITRVICH 11110VIDER further repretwnls that it is willing , to ilccepl responsibility fop- perl'orrnhig An sudws in nemmArince Qh We leans and "urawls or the li Agivemet. . A. Challge, in Colupensaliou Rernovoseclion 7, Compensation mud replace. it Nvith the killow-ing: COMMINUTION All Kick orders issued to the Consultant AM be atdhori'ed by the Chym (141' Exmuli%,c 0111cer or his designated Director and agmed by Lite COMM 1% task ordN, niust specify the scope of %vol, dMon or the lack Wgtw? mW We mmmnl of CMUPOMAML and shall not exceed one4undwd lwwoy thamand dollars (5 Won) mdem approved by Won of be City WWI. R. My ngrem to em,ensaw the Constphanl flot c-ach scrvice Aich Consultant porforiim to the makMetion or the My in acunduce 11ICK11CCILOM 11(inily Rates and Price Sheet set 0011 in Exhibit A or We AWcmwnL Paymmils W he mak cy1y nner stimisdoli of' I1lileS1011C N%'C)I'k- j)l'0dLlC[ 111d SUbMiSIJ01) 01'1001)er nIVOiCCS in OIL Ibl-rin spe=ed by be Ely, Chyl C%kr EmmWe OMox Alafl provide Chy CrimWil wills quarterly reports of ennlpcusalioll paid to Consultant, No (J1in15 for additional services perl'arnacd by SHROM III(OVIDRR w1floh are bc)(ond the scope oCi.,Nuied task Wors shall be paid by UTY. TO IWINECTUATE MIS AMENIMENTM 'rnE AGREEMEW11',flie parties have caused hok duly authorized representatives tO CX=ft this Ar-reculeril oil the dale", "'d forth bdm%,. IN WITNESS WHE"REMP, Vic 17�miu hki-Ve C'&MUted Osis AgreemeW as of flie dnie firsi wFiflen Rbdvc CITY OF BALDWIN PARK Date A176,ST, Dow BY: m SERVICE, PROVIDIr-IR: imme and fide Date /,P� / ,-, Pell ppelme title o Dwo A"I"I"ACUUMENT#2 RROFESSIONAI, SER'VtC.ES AGREE.MEN III & 4.. , N AMENDN'll""No I"' WFTH VANIR, CONS"I"ItUCIII(l) MANAGEMENT' AGREEMEN"r FOR PROFESSIONAL...SERVICES This Agreement is entered into this 19th day of June, 2014 by and between the City of Baldwin Park ("CITY") and Vanir Construction Management, Inc., a California Corporation ("CONSULTANT"). PLECITALS A. CITY has determined that it requires the following professional services from a consultant on an on-call basis: 1. Project Management, Construction Management, and Inspection Services for Building Projects; 4. Environmental Document Services; 5. Community Relations/Public Outreach Services; 6. Grant Writing Services; and 7. Labor Compliance Services B, CONSULTANT represents that it is fully qualified to perform such professional services I virtue of its experience and the training, education and expertise of its principals arS employees. CONSULTANT further represents that it is willing to accept responsibility performing such services in accordance with the terms and conditions of this Agreement, 390MEMUZZO 0723�♦ A. "Scope of Services": Such professional services as are set forth in future amendments to this contract and incorporated herein by this reference. B. "Approved Fee Schedule": Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. Page 1 D"Expiration Date": June 19, 2017 A. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B, Milo CONSULTANT shall commence the services on the Commencement Date and shall perform all services in conformance with the project timeline set forth in Exhibit C attached hereto and incorporated herein by this reference. C. Sl,andard of Perfornymce. CONSULTANT shall perform * all work to the highest professional standards and in a manner reasonably satisfactory to CITY. CONSULTANT shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 3. REPRESENTATIEVES A. �,Jtyj For the purposes of this Agreement, the contract administrator and CITY's representative shall be the City Engineer, (hereinafter the "City Representative"). It shall be h, —�Ofqgrc,-4-s of the performance of the services, and CONSULTANT shall refer any decisions which must be made by - CITY to the City Representative, Unless otherwise specified herein, any approval of CITY required B. t.� �qg: tkle. For the purposes of this Agreement, Sa�ip Yjj - Area Man J A, ss( I _erebo desienated as the and •resentative of CONSULTANT authorized to act pcim , s herebi on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal"). The Responsible Principal may not be changed by CONSULTANT without the prior written approval of CITY, 0 A. CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by CONSULTANT or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. 11111111�111111 IIIII IN 111! 1111111 111111 Pill Iff rl�l M" 010MIM I personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. As provided in Exhibit A, CONSULTANT may utilize the services of subconsultants to undertake specific work tasks. Fees for services provided by subconsultants, identified in Exhibit A, shall be compensated as set forth in Exhibit B. 11 i 111 � 11 1 1� MM -, � ME= I M M ME= Except as otherwise authorized by CITY in writing, CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 19 6. TERM OF AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 19 herein. 7. COMPENSATION A, Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts &�-C,gifw_i kl actual ex,Qense, shall not exceed ten thousand dollars ($10,000), unless additional coMpensation is approved in writing by the Chief Executive Officer of the City or the City Council. B, The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement, C. A 1_ Services, No claims for additional services performed by CONSULTANT which are. beyond the scope set forth future amendments will be allowed unless such additional work authorized by CITY in writing prior to the performance of such services. Additional services, if any authorized, shall be compensated on a time and materials basis using CONSULTANT's Approved F Schedule (Exhibit A). Fees for such additional services shall be paid within thirty (30) days of the d -a CONSULTANT issues an invoice to CITY for such services. I 8. METHOD OF PAYMENT �-ULTANT shal I submit to CITY an invo ice.. on f,�- m tnth 1 w basis, for to this Agreement. Each in -voice shall itemize. the services rendered during the billing period and the amount due. Such iternizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back-up documentation and receipts evidencing the auth documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included on the invo.ce, Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. P W 1 m,, IIII ports, documents or other wnaen 1A f` (1 `# f IfeTfbrmance of this Agreement shallbe and remain the property M or limitation upon its use or dissemination' .y take and retain such copies of , products as desired, but no such written products shall be the sukiect of a copyright application by L. TRAVEL REIMBURSEMENT Travel required by CONSULTANT or any subconsultant or subcontractor pursuant to this Agreeme shall be M► .bexpense to complete the services agre�� to be performed Agreement. bereasonable and h. �� -d .. efficientmost cost manner , v shall accompanied] . , w� 9 -72 -IM, r , � A I I , M . - ngvnnnz1IM hereunderCONSULTANT will act as an indcpendent►shall not and is nol intended to constitute CONSULTANT as an agent, servant, or employee of CITY and shall not and is insMOW.-Wo All data, documents, discussion, or other information developed or received by CONSULTANT or joirovid d for • .. u 4 . w ��disclosed CONSULTANT without prior written consent by CITY, CITY shall grant such consent if disclosure �4�-gaj4-,wie�auired or necess%vin- to igok-Aide the services under this A eernent, All CIT 10. returned to CITY upon the termination of this Agreement. CONSULTANT's covenant under this Section shall survive the ternfi6nation of this Agreement. iffriffiHNIM , .. « 4 or f 14 , .- A N presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having syr,Arcmi�vv M,-y;,&SVM?iJ this project. CONSULTANT hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONSULTANT agrees that a clause substantially similar to this Section shall be incolporated into any sub -contract. that CONSULTANT executes in connection A. To the full extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend CITY, its elected officials, officers, employees, attorneys, servants, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, subcontractors, or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. 111111111 Jill Jill lm� � iiiiiiiiiiii� 117 I I illi�ill��iiij 111i I 1! 111111 11111111trl 1! F1 0 1 be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, and employees. to those in this Section from each and every subcontractor or any other person or entity involved n! L'Aht fails to obtain such indemnity obligations for the benefit of CITY, CONSULTANT agrees to be ful . . . . . . . . . . . . . V . . . . . . . . . ... qeq- costs or ex -til for zvv dijdULLp_-AtgL-n�JU-Ji� to W11 le 2 injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, subcontractors, or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of D. CITY does not, and shall not, waive any rights that it may possess against CONS I11T?-VT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONSULTANT agrees that CONSULTANT'S covenant under this Section shall survive the terinination of this Agreement. E. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation laws regarding CONSULTANT and CONSULTANT's employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under • MMRM�� !111111 1 1 1 1 111 rriirr 111 11 m ($2,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 9 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum lin-dts of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. 41 4, Professional Liability Insurance with a minimum limit of Two Million Dollars [t"' 111 no i • = B. CONSULTANT shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer with a rating of at fall force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CON SULTANT'S expense, R30MzMM= E. Prior to commencement of work under this Agreement, CONSULTANT shall file with effect and satisfy the required amounts and specifications required pursuant to this Agreement. I , R tills Agreement nave I)een rene.�_191, of re-ic Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, employees, attorneys, servants, successors and assigns as additional insured, All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced, except ten (10) days' prior written notice to CITY. CONSULTANT agrees to require the certificates of insurance to delete an��A excut-wa"p wording statin6 that failure &� I'm i-smixer totc?il wrixe,* y.otice of cancellation iM�2oses no obligation, and to delete the word "endeavor" with regard to any notice provisions. 6) I I. The insurance provided by CONSULTANT shall be primary to any other coverage available to CITY, Any insurance or self-insurance maintained by CITY, its officers and employees shall be in excess of CONSULTANT's insurance and shall not contribute with it. 1, All insurance coverage provided pursuant to this Agreement shall not prohibit subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, J. Any deductibles or self-insured retentions must be approved by CITY. At the option CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions wil respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expense 1 11 111 1�1 M111111F2111 IMMAW."12 . . . . . . . . . . . Ms qVIMU.-ZEM o T-11TIRTITITIM MINE 11111119111q��i I mmmm", nommmm.-Tsm. W.-MM—MorITIMM, B. In the event any claim or action is brought against CITY relating to CONSULTANT's �11111111Y I S1 11 SCREW! di! 1! 11111 1 � ii ms�� = 17. RECORDS AND INSPECTIONS CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during non -nal business hours to such records, and the right to ex make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 9 A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to CONSULTANT, CONSULTANT shall have the right to ten-ninate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. 'W under this Agreement on or before the effective date of such notice. All completed and uncompleted products -up to the date of receipt of written notice of j'. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure *f performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. 111111111 111�111111 11 1 IFF, 11111n 1 M M U 3 a =' �I =m T 1111 �11 II III !11 11 1 111111 �j NMI M PT "'IM Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's and 111111111111 1 111 1 1 MAC wo ��7771ts May, from time to time, designate in writing. If to CITY: Attn: Director ofllubfic Wo0cs, 14403 E. Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 813-5251 If to CONSULTANT: Attn: 454(') 300 (,,'A 95K34 Telephone: Pir Robert Tafoya, City Attorney Tafoya and Garcia 316 W, 2,d Street, Suite 1000 Los Angeles, CA 90012 Telephone: (213) 617-0600 email: Robert@tafoyagarcia.com Facsimile: (213) 626-0078 1�EWMW �� I I 11111 1 1 �'�n BRIM 1 11 V� 11111111 � 11 'j 111111�4M ffm�� sexual orientation or other basis prohibited by law, CONSULTANT will take affirmative action r' that subcontractors and applicants are employed, and that employees are treated during + ancestry, age, physical or mental handicap, medical condition, or sexual orientation. CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, .............. void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT. In the event that CITY or CONSULTANT commences any legal action or proceeding toenforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. 24. ENTIRE AGREEMENT All kIids refert-I m exki4its iA tkiq qzq kerety iac*i7*rxte-k A-gree1,Wmt-. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail, This instrument contains the entire Agreement between CITY and CONSULTANTxith respect to the subject matter herein. No other prior oral or written agreements are binding on the IFIENIIIIIININIM1111511 III! 013=74M 01 25, GOVERNING LAW; JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. Milt �-' M be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall 27, CAPTIONS The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are nota part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein, WMEMMUMIT MIZ This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written (0), 1 8 JANT: By: A,t Kup'renas -- - -------- ----- - -- President ATTEST: By: Alcx5iider V. coil Senior Vice President & Chief Financial Officer City ( 3% . ................ ..... . Robert I'a R) y� City Attomey Exhibit A -ff-'q-F ar-'sAe-401 la VANIR CM, Inc. 2014 BILLING RATES BY CLASSIFICATION Classification Hourly Rates PrinciPP-1--l-, . ..... ......... ....... $245 Sr Pr Manol"C', I/Professioflal ... - -- — ----- $�204 Sr P1-oied/CN)SfiUC6on Marmm. ... . . .... ..- .. . . . . ................... - ----- - ------------ — --------- $184 Senior Cnf,)ineer/Professional 73-1 �Tjeqt/ Construction Manaqerm.n $158 Sc Project Controls Enciineer$170 ................ . .... ................................ . ... . . ........ . . .. . . ....... Contracts Administrator . . . ..... . . . ......... . ...... - $145 Controls Project Controls Engineer ................... . ..... ........ . .... . . ......... $148 Scheduler/ Estimator ... ...................... .......... ...... . . . $1;1; Project En ineer/Professional 9 11--l-11 111-1 - . ................... - $133 Associate Enclineer/Professiono.1 $117 Assistant biqer/Pt nerofessioiol 11 1 1- -.1 i�- - , -.- --, , , . ..... .................. - - - ----- - $99 Sr. Inspector$138 . . . ........... . ....... ... .... .... . . . .......... . ...... . .... ler speclorS128 ........ . ................ -Systrrn.s. li,il"egry $137 Systems Support . .... --- --------------- - - ------- . ..... - --- - --------- - - - --- CADDesigner .. . ...... .............. ....................... ............. ................ .. ........ . . . $99 CAD Operator$87 -------- - ---- --- - --------------------- ------ -- — ------------- ------- — Sr. Technical support . .. . ... . . ...... . ..... . . . .......... . .... . . . ................. . . --- - ------------------ . ........... $107 Technical support $87 Document Control Specialist $92 Administrative Assistant $87 Word Processing/Clerical $73 This amends the Agreement entered into on the 18th day of June, 2014 by and between the City of Baldwin Park ("CITY") and Vanir Construction Management ("SERVICE PROVIDER"). C1MPENSATIO11 A. All task orders issued to the Consultant shall be authorized by the City's Chief Executive Officer or his designated Director and agreed by the Consultant. The task order must specify the scope of work, duration of the task assigned, and the amount of compensation, and shall not exceed one -hundred twenty thousand dollars 000) unless approved by action of the City Council. B. City agrees to compensate the Consultant for each service which Consultant performs to the satisfaction of the City in accordance the scheduled Hourly Rates and Price Sheet set forth in Exhibit A of the Agreement. Payments will be made only after submission of milestone work product and submission of proper invoices in the forms specified by the City, C. Addilifmal Service$. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope of issued task orders sball be paid by CITY. TO EFFECTUATE THIS AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. �' ITY OF BALDWIN PARK SERVICE PROVIDER: LIN Date Date ATTEST: By: ffrly��11 Da,Ge Date t"I'ACI-IMEXI #3 UIROFESSIONAL Sl�,1,�'N/ICI-�,S.A.G'l�,E]�',MENrf'& ANITADMEN"I" p. "u l LA CANADA DESICO"N This Agreement is entered into this 19th day of June, 2014 by and between the City of Baldwin Park ("CITY") La Cafiada Design Group, a California Corporation, M-RWITM A, CITY has - determined that it requires the following professional services from 9. consultant on an on-call basis: i M, CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. A. "Scope of Services": Such professional services as are set forth in future r1l I IT--joM �pr�1111111 f IM �-I M B. "Approved Fee Schedule,: Such compensation rates as are set forth in the fe6 schedule attached hereto as Exhibit A and incorporated herein by this reference. C. "Commencement Date" June 19, 2014 D. "Expinttion Date": June 19, 2017 all Se pg ki'vices, S ect to the terms and conditions set forth in this 0 u' Agreement, CONSULTANT shall perform the services identified in the Scope of Services, CITY shall have the right to request, in writing, changes in the scope of work or the services to OTM be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. 1 1 yffl�l 0 M. C. CONSULTANT shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. CONSULTANT shall comply with all applicable federal, state and local lawsordinances, codes and regulations. M 10 0 0 F-0�1 11 - M M Z—V Ky a -LVj W, A. ' Qt RqL_ taqyg. For the. purposes of this Agreement, the contract administrator and CITY's representative shall be the City Engineer, (hereinafter the "City Representative'), It shall be CONSULTANT's responsibility to assure that the City Representative is kept informed of the progress of the perfbrmance of the services, and CONSULTANT shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY re q*uired hereunder shall mean the approval of the City Representative. B. t,'itive. For the purposes of this Agreement, Lance Bird, finserf name of Consuhant's responsible princ4pall is hereby designated as the principal and representative of CONSULTANT authorized to act on its behalf with respect to the services. specified herein and make all decisions in connection therewith (the "Responsible Principal"), The Responsible Principal may not be changed by CONSULTANT without the prior written approval of CITY. A. CONSULTANT represents that it has, or will secure at its of expense, all personnel .required to perform the services required under this Agreement. All such services will be 1 11 11 111 ,,, F I iii I I111111! work shall possess the qualifications, permits and licenses required by applicable'law to perform such services, B. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonablep'crformance standards established by CITY. C. As provided in Exhibit A, CONSULTANT may -utilize the services of subconsultants: to undertake specific work tasks. Fees for services provided by subconsultants, identified in Exhibit A, shall be compensated as set forth in Exhibit B. D. In the event that CITY, in its sole discretion, at anytime during the term of thi-,s Agreement, desires the removal of any person or persons assigned by CONSULTANT t* perform services pursuant to this Agreement CONSULTANT shall remove any such persont immediately upon receiving notice from CITY of the desire of CITY for the removal of such E. CONSULTANT shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security I . F. PC , Uceiises. CONSULTANT shall'obtain and maintain during the A term all of services under this Agreement, including a City of Baldwin Park business license. -10 It ' as otherwise authorized by CITY in writing, CONSULTANT shall, at it ' s sole cost and expense, furnish all facilities and equipment which may be required for fiarnishing This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in. Section 18 herein. 0AIIIIIIIIIII11MR30 $M] A. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in future amendments to this agreement. Total compensation,. including reimbursement for actual expense, shall not exceed ten thousand dollars ($10,000),' unless additional comDensation is aDt)ro Msx� IIPOIQPI=�� C. AdditiQ11aj S� Y.J.M. No claims for additional services - perf6rmed by CONSULTANT which are beyond the scope set forth future amendments will be allowed unless invIn tacg pnor M-TTe perrormance or such services. Additional services, if any are authorized, shall be compensated on a time and materials basis using CONSULTANT's Approved Fee Schedule (Exhibit A). Fees for such additional services shall be paid within thirty (30) days of the date CONSULTANT issues an invoice to CITY for CONSULTANT shall submit to CITY an invoice, on a monthly basi ' s, for the services perfbrmea pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Such iternizations shall include the days worked, number of hours worked, and � authorized reimbursable expenses incurred with appropriate back-up documentation and receipts evidencing the. authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by MY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the TTIMimum a11ount set forth in Section 7. All reports, documents or other written material Cwritten products") developed by CONSULTANT in the t%rhormance of this A greement shall be and remain the ?Xo?�ert;Lof -QW without restriction or limitation upon its use or dissemination by CITY. CONSULTANT may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by CONSULTANT. Travel required by CONSULTANT or any subconsultant or subcontractor pursuant to this Ayeammat refizl�ws2ide* expcmse sY-all Wo, oe the services agreed to be performed under this Agreement Travel expenses shall be reasonable and shall be incurred in the most cost efficient manner possible. All requests for travel reimbursement shall be accompanied by appropriate back-up documentation and receipts CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONSULTANT. All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agrmnent are - deemed,confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY.. CITY shall grant such consent if disclosure is legally required or necessary to provide the services undeT this Agreement. All CITY data shall be returned to CrrY upon the t�rmination of this Agreement. CONSULTANT's covenant under this Section shall survive the termination of CONSULTANT hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONSULTANT in connection with this project. CONSULTANT hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONSULTANT agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that CONSULTANT executes in connection with the performance of this Agreement. A. To the full extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liaM ility, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs ani expenses shall include reasonable attorneys' fees incur -red by counsel of CITY's choice. The parties understand and agree that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, B. CONSULTANT's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. C. CONSULTANT agrees to obtain executed indemnity agreements witb provisions identical to those in this Section from each and every subcontractor or any other person or entity invM lved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Ix involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement In the event CONSULTANT fails to obtain such indemnity obligations for the benefit of CITY, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, zz�?Amp jj#X1yA'U1j1 23K resulting from any alleged, inten(ional, reckless, negligent or otherwise wrongfial acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses. shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against U39-TA'84'Cl Xff I -ffe—ca-u-se-3T Me acceptan-ce-6-yUM, or - - a T m�f m, - - r, - IMMIA policy or certificate required pursuant to this Agreement. This hold haimless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONSULTANT agrees that CONSULTANT'S covenant under this Section shall survive the termination of this Agreement. E. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes - assessraii enalties and interest asserted against CITY it reason of the ind.,�-i--endeno contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation laws regarding CONSULTANT and CONSULTANT's employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws, CITY shall have the ght to offset against the amount of anv fees due to CONSULT I 0111011111 IN I III Ili A. CONSULTANT shall at 0 times during the term of this Agreement carry, wylrfi�� Ill' li►llillill 1111111111!111 1. Commercial General Liability. Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. Ill Automobile Liability Insurahce for any non -owned or hired vehicle used ill connection with the performance of this Agreement with minimum limits One Million Dollars ($1,000,000) per accident for bodily injury and propel ,4. Professional Liability Insurance with a minimum limit of One Million Dollars RE339-4.= C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONSULTANT agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately ten-ninate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, 1W#W To�, 1 17 11IRN12nalnum- I lil 111 111111111� 1111 illill I 1 11111 1 ill El !ill Illi 1 111 WE= 11111111r; 1111�1 IIII MIT=1 I=. -ut to f I nim UH•I V term of this Agreement have been renewed or replaced with other policies providing at lea�t th-4 same coverage. Such proof will be ftzr�ished at least two weeks prior to the expiration of th; Eaz+ G. The general liability. and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorkment providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to C=. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to M= H. The insurance provided by CONSULTANT shall b6 primary to, any other coverage available to CITY. Any insurance or self-insurance maintained'by CITY, its officers, employees, 'agents or volunteers, shall be in excess of CONSULTANT's insurance and shall not Tmlo! M M' I,'� 1. All insurance coverage provided pursuant to this Agreement shall not prohikio W14MIC 1 MIRC. —4 MtQ(;,3 ROM ORRIP oil i''I METWI � RUN N MUTFLI, I "M �11�1 I I � 1, 1 0! 1* 7=1 I ladrenTgIff, =4177IM 1— Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as full performance of CONSULTANT's duties to indemnify, hold harmless and defend under Section 14 of this Agreement. A. CITY shall provide CONSULTANT with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONSULTANT's services. B. In the event any claim or action is brought against CITY relating to CONSULTANT's perfonnance in connection with thisAj, eernent, CONSULTANT shall render CONSULTANT shall maintain fidl and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without clvir�,!p, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect'all program data, A. CITY shall have the right to terminate this Agreement for any reason or for no reason an five (5) calendar days' written notice to CONSULTANT. CONSULTANT shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CrrY. CONSULTANT agrees to cease all work -under this AV-ew)ent on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall 1ecome the 1roperty of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the servicesroquired by this Agreemea � I [4-1031k'R�0 � I i 1 1! 1 1 1 1 1 i I I i I i 1! 1 1 ! I I I I i i i I arnal REMAIN Any notices, bills, invoices, or reports rcquire-d by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's and CITY'9 regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses. as the parties may, frorn time to time, designate in writing. If to CITY: If to CONSULTANT: Attn: Direm r,of tlj;� ( k Attn: Lance Bird E•� Robert Tafoya, City Attorney "J'afiv;i and Gfircla 3 t 6 W 2d Sixect, Suite 1000 Los Angeles, CA 90012 Telephone: (213) 617-0600 email: Robert@tafoyagarcia.co, Facsimile: (213) 626-0078 1 1004 . GM119900M 1 1 11 111 1 1121,11, ; employee, subcontractor,' or applicant for employment because of race, color, crW1 reon, sex, marital status, national orn, ancestry, age, physical or menti hti..1dica1. ,ciedical condition, or sexual orientation or other basis prohibited by !aV. 111 11� 111 11 1 r III I III Ip"I IIIIIIIIIII 1111�il II1III!1J 11111 P11 !111!l!!Illlllvii�� 1 1 11111 171 1! r�, we omp UT -7-77-2:e irearn-T-07rig empioym o u T r IF g—& -d- Fo—f f re -6 Do race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT. In the event that CITY or CONSULTANT commences any legal action or proceeding to enforce or -R-q-,F , to recover its costs of suit including reasonable attorney's fees. All documents referenced as exhibits in this Agreement are hereby, incorporated in this Aggreement. In the event of any material discrepancy between the express provisions of this A %reement and p rovisions of ang document inmr!♦ omtedb,,, reference-. wn&yA—q of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONSULTANT with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and -executed by CITY and CONSULTANT, ypj]fl�� This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United 26. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a coiul of competent jurisdiction to be invalid, void or unenforceable, the The captions used in this Agreenient are solely for reference and the convenience of the parties. The captions are not a part of the ,AAre mixent, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the MOM �## - � TO EYVECTUATE THIS AGREEMENT, the parties have caused their duly 111711PI To i 1 M I RI 1 11 mnm 11 111!111 1:1111!1111111o" I 1�1�1111 1111111!11 111111pill! 1! 111 1111 � I !i1i 111 - M —.1-0 � , I I i �� . ' ' MY OF CAWIN PARK CONSULTANT: By: Mayor A'. I'TESI" By, /* . . . . ... . . .................. .... .. ( ,fty fty APPROVED AS TO FOIWI� .......................... kobert Taft) City Attorney i�--czcAird, P- resident [insert name and tillel --- ----------- 4fi Zarkesh, Vice President finsert name and titk-FYI IT TAKES TWO SIGNA TURES ' TO BEVD A TFOA7 vv - Section 6 - Standard Billing Rate Schedule CRY of Daldmirm Imsvk GenerM Oin-,Cmh Archfteturall Des6gn Semcm, P� � SeCOOA 6 -Standard Wiling Rate ScheduJe � - i d9 W.—I.r w LA CANADA DESIGN GROUP HOURLY RATE SCHEDULE: Designer - $90-$120 Job Captain - $125-$146 Proj. Architect/PM. - $155-$170 Principal - $230 The above labor rates are effective through, December 31, 2014. The rates may be adjusted after that date to compensate for labor adjustments and other in- creases in labor costs. Reimbursable Expenses Include travel from LCDG office (using current IRS mileage rates), special ren- derings or models, photo processing, reproduction, CAD plotting, postage and courier service, permits and agency fees paid at the request of the Client, and any required consultants (with client prior approval). Expenses are billed at cost plus 15% for administration. Reproduction All reproduction and deliveries for governing agency submittals and applications, and other reproduction and related deliveries requested by the Owner, including check sets, bid documents, etc., shall be billed at cost plus 15% for administra- tion. CRY of Baldwin Park General On -Call Architectural Design Services I section 6 - Standard Billing Rate Schedule I Z w t TOO= STRUCTURAL ENGINEERING SERVICES 110-URLY—BILIAN-G-RATE 5 (Effective January 2014) Principal $208,00 220. Associate Project Manager 176.00 Project Manager 140.00 150. 0 Project Engineer 114.00 120.41 Design Engineer 91.00 ID91 REVIT/CAD Manager 107,00 120. REVIT/CAD Lead Technician 102.00 PEVI-T/CAD Technician 91.0D 94.1is 700 South Flower Strom Suite 1800 Los Angeles. CA 90017 T 213 596 4500 F 213 596 4599 / Wty of Rsklwln Peork General Orp-Call Archkert ural Design Services I 5ecton 6 - Standard 610ing Rate SOwdute I r-<. This amends the Agreement is entered into on the I Sth day of June, 2014 by and betwe the City of Baldwin Park ("CITY") and La Caflada Design Group ("SERVICE PROVE i COMPENSATION A. All task orders issued to the Consultant shall be authorized by the City's Chief Executive Officer or his designated Director and agreed by the Consultant. The task order must specify the scope of work, duration of the task assigned, and the amount of compensation, and shall not exceed one -hundred twenty thousand A ollars ($120,000) unless approved by action of the City Council. B. City agrees to compensate the Consultant for each service which Consultant performs to the satisfaction of the City in accordance the scheduled Hourly Rates and Price Sheet set forth in Exhibit A of the Agreement. Payments will be made only after submission of milestone work product and submission of proper invoices in the forms specified by -the City. C. Adon' al. Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope of issued task orders shall be paid by CITY, TO EFFECTUATE THIS AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS VY'HEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK SERVICE PROVIDER: go Date Date ATTEST: By: %Mr P4 Date Date ITEM NO. STAFF REPORT' TO: The Honorable Mayor and Members of the City Council 40 w�oD�or f, r � xHE y '� FROM: Manuel Carrillo, Jr., Director of �c�°cati.o�n and Community Se°vic � t EY SAN -�aw4BRI L; ;� Suzie Ruelas, Housing Manager � 40 JANO DATE: June 7, 2017 SUBJECT: FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN SUMMARY For the City Council to review and approve the Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) FY 2017-2018 Annual Action Plan.. FISCAL IMPACT Because the federal budget has not yet passed through Congress, the actual HUD allocations have not been announced. Therefore, any specific impact to the general fund is impossible to determine at this time. It is important to note the possibility of elimination of the CDBG and HOME programs proposed under the current administration in Washington. The elimination of the programs will have a devastating impact to programs that have been offered to our residents for over 40 years. If CDBG and HOME programs are eliminated, staff will notify the City Council and seek direction for an appropriate response and action. The CDBG and HOME fund budget will also be reflected in the FY 2017-2018 City budget presented to the City Council for approval. RECOMMENDATION Staff recommends the City Council approve the FY 2017-2018 CDBG Annual Action Plan with the contingency to adjust public service programs, and HOME and CDBG administration to remain in compliance with HUD maximum allowable requirements as well as possibly Code Enforcement allocations once the final federal budget and allocations are approved. BACKGROUND The first of two required public hearings was held on March 15, 2017, at which time the City Council approved funding allocations for all FY 2017-2018 CDBG and HOME proposed projects including public service programs, The second public hearing was opened and closed on May 4, 2017. The item was cotitimied to May 17th for lirial review and approval. CDBG/HOME Public Hearing May 3, 2017 Paae 2 Since HUD has not yet announced the FY 2017-2018 Federal CDBG and HOME allocations, the proposed funding in this report considers the same funding level as in FY 2016-2017, which is $943,889 in Community Development Block Grant (CDBG) funds and $224,182 in HOME Investment Partnerships (HOME) entitlement funds. The City is also estimating about $20,000 in HOME projected program income. The total CDBG and HOME funding available for FY 2017-2018 is as follows: FUNDING RECOMMENDATIONS The proposed FY 2017-2018 CDBG projects are as follows: Economic Development Programs - Section 108 Loan Repayment The Section 108 Loan has the greatest CDBG funding allocation for the next six years. During the 2005- 2006 Program Year, the City utilized a $3 million Section 108 Loan program to support an economic development project that included a Super Wa1Mart Department store and other commercial businesses. The Section 108 Loan project is considered an economic development project that created employment opportunities to over 320 low -and moderate -income individuals. The Section 108 loan was provided to the City under an agreement it be repaid with future CDBG funds. In 2015, the City was able to refinance the Section 108 Loan interest and reduce the annual payment. The amortization schedule reflects the City's loan to be paid in full by August 1, 2021 with payments estimated as follows. Fiscal YearAnn .................. ...............�: FY 2017-2018 $ 425,125 FT ......FY 2018-2019 $ ...................................................$..........4..........._.....m.. 443,576 2019-2020 60,738 FY 2020-2021^ �.......�..m....... $ .. 478,067. FY 2021-2022 $ 494,756 To remain in compliance with its Loan agreement, the City cannot reduce the amount allocated to the Section 108 repayment. Therefore, it would be prudent for the City to begin reducing the expectations and allocations to other CDBG programs, at least through Fiscal Year 2021-2022, when the Section 108 Loan will be paid in full. Public Service Programs On March 15, 2017, the City Council approved funding allocations for FY 2017-2018 CDBG Public Services as noted in the following table: CDBG/HOME Public Hearing May 3, 2017 Page 3 * Indicates City of Baldwin Park Services Administration Each year, the City may allocate a maximum of 20% of the annual CDBG entitlement allocation towards administration and planning. This includes staff costs and operating expense for the overall administration of the CDBG program and a portion for the required Fair Housing Services. Assuming the annual allocation at last year's level, this year's maximum equates to $188,778. Staff understands that $2,500 is not an amount feasible to expect the Housing Rights Center to provide the HUD required fair housing services to our residents. However, the CDBG funds available for administration services limit the City's ability to provide sufficient funding using CDBG funds only. Therefore, the Baldwin Park Housing Authority, which regularly partners with the Housing Rights Center, also provides funding to meet the fair housing needs of our residents. Capital Improvement Projects. There are no CDBG funds proposed for Capital Improvement projects. The City will proceed with FY 2017-2018 Capital Improvements projects using other source of funds. Housing Programs The City continues to maintain its housing programs as in previous years with some reduction in funding to Code Enforcement and Lead Testing Program. Pursuant to CDBG regulations, housing programs are required to create or maintain decent affordable housing for low-income areas and residents. The City's CDBG Housing programs include homeowner rehabilitation grants offered to the extremely -low to low- income households with a preference to the elderly and disabled. The proposed funding level of $20,000 to the Residential Home Rehabilitation Grant program provides for at least two grants. Also included is CDBG/HOME Public Hearing May 3, 2017 Paae 4 the lead testing program, which HUD requires for all CDBG and HOME rehabilitation projects. The Rehabilitation Administration program provides for the inspections, loan underwriting and all other operating cost of rehabilitation projects, including the annual monitoring of development projects such as ROEM Metro Village, TELACU, and the City's CHDO affordable housing projects. The Code Enforcement Department provides for code activities in distress neighborhoods in conjunction with other neighborhood enhance programs. HOME Funds HOME funds are much more restrictive than CDBG funds. The projects are limited to affordable housing projects. Proposed FY 2017-2018 HOME fund projects are as follows: 1) Administration - 10% maximum allowed for planning and administration plus 10% of program income received in previous years. 2) Community Housing and Development Organization (CHDO) Program —HUD requires 15% of the annual allocation to implement an eligible CHDO activity; In previous years, the City has successfully partnered with two separate CHDO organizations, one on Los Angeles Street where 5 units were acquired, rehabilitated and brought up to code, improving the living conditions for existing low-income tenants. More recently in FY 2016-2017, the City partnered with a CHDO, for the sale of the Bresee (ROP) Property. An existing Baldwin Park resident was approved as a tenant and the home is now an affordable rental unit. Staff continues to seek new opportunities for another affordable housing CHDO project. Under consideration is subsidizing the CHDO HOME funds with remaining Housing Set aside funds for additional acquisition/rehab/multifamily rental affordable housing project. Once a project has been identified, details will be presented to the City Council for final approval. 3) Residential Rehabilitation Loan Program — Project provides low-income property owners of owner -occupied properties loans to rehabilitate their properties and ensure compliance with all local, state and federal building and safety codes. Proposed funding provides for 7 loans. 4) First Time Homebuyer Program — Project offers loans as a gap financing in the form of a second trust deed to low income homebuyers. Proposed funding provides for 4 loans. 5) Lead Abatement Grant Program — Project requirement to meet HUD's regulation for properties participating in rehabilitation programs. CDBG/HOME Public Hearing May 3, 2017 Paqe 5 As a reminder, HOME funds must be committed to a project within two years from the date of funding to the City and expended in five years. If these requirements are not met, funds become at risk of recapture from HUD. Staff continues to make every effort to avoid recapture, however factors such as the current housing market, lack of available additional funding resources and the stringent HOME requirements sometimes make it difficult to implement successful projects. Unfortunately, the recapture regulation is statutory and cannot be waived and extensions for these deadlines are not available. Public Review Pursuant to the City's Citizen Participation Plan, the City is required to hold two public hearings during the 1:)repa ation of the subject plans. This public heating satisfies that requiremer t. The dram Plan was available for public review at City Hall, 3"d 1.1oor and the Esther Sjiyder Cortu t.inity Center beginning April 3, 2017, concluding at the second public hearing on May 4, 2017. No comments were received. LEGAL REVIEW: No Legal Review is necessary at this time ALTERNATIVES Alternative Funding Options As previously stated, because the federal budget and final allocations have not yet been announced, the funding approved under this draft plan is contingent upon the City's final allocations from HUD. If there is a reduction in the City's Entitlement Allocation, the necessary revisions will be made to public service programs, administration programs and possibly Code Enforcement, if necessary. If there is an increase in the City's CDBG Entitlement Allocation, the increased amount will be allocated to the Code Enforcement Program. Attachments: Draft FY 2017-2018 Annual Action Plan CDBG/HOME Public Hearing May 3, 2017 Paae 6 Draft FY 2017-2018 Annual Action Plan l Please submit all comments in writing to: Suzie Ruelas Housing Manager City of Baldwin Park 14403 E. Pacific Avenue, 3rd floor Baldwin Park, CA 91706 Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) Executive Summary AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Baldwin Park has prepared the 2015-2019 Consolidated Plan as a requirement to receive Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds. The Consolidated Plan provided the U.S. Department of Housing and Urban Development (HUD) with a comprehensive assessment of the City's housing and community development needs and outlines the City's priorities, objectives and strategies for the investment of CDBG and HOME funds to address these needs over the next five years, beginning July 1, 2015 and ending June 30, 2020. The 2017-2018 Action Plan for the period starting on July 1, 2017and ending on June 30, 2018 represents the second year in that five-year plan. These grant programs are consistent with HUD's national strategy to provide decent housing opportunities, a suitable living environment and economic opportunities, particularly for low- and moderate -income persons. The City receives CDBG and HOME funds from HUD on a formula basis each year, and in turn, awards grants and loans to nonprofit, for-profit or public organizations for programs and projects in furtherance of this Plan. The CDBG and HOME programs generally provide for a wide range of eligible activities for the benefit of low- and moderate -income residents, as discussed below. Community Development Block Grant (CDBG) The Housing and Community Development Act of 1974 created the CDBG Program with three primary objectives against which HUD evaluates the Consolidated Plan and the City's performance under the Plan. Those primary objectives are decent housing, suitable living environments, and expanded economic opportunities for low- and moderate -income persons. The CDBG regulations require that each activity meet one of the following national objectives: Benefit low- and moderate -income persons; 01 Aid in the prevention or elimination of slums and blight; or • Meet other community development needs having a particular urgency (usually the result of a natural disaster). Each year, the City certifies with the submission with its Annual Action Plan that it has given maximum feasible priority to activities, which meet the first and second objectives above. Additionally, the City certifies that no less than 70 percent of the CDBG funds receive, over a three-year certification period, will be designed to benefit low- and moderate -income persons. Home Investment Partnerships Program (HOME) The Cranston -Gonzalez National Affordable Housing Act of 1990 created the HOME program to expand the supply of affordable housing for low- and moderate -income households. Often used in partnership Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 9 with local nonprofit housing development organizations, the HOME program can support a wide range of affordable housing activities, including building, buying, and/or rehabilitating rental and ownership housing or providing direct rental assistance to low- and moderate -income people. For the 2017-2018 program year, the City will receive $943,889 of CDBG funds from the HUD for use in the implementation of eligible CDBG activities. The City currently has an additional $3,211 of prior year funds that have not been allocated to a prior year activity. These funds will be added to the current year's allocation for a total of $947,100 in new CDBG activities. For the 2017-2018 program year, the City will receive $224,182 of HOME funds from HUD for the use in the implementation of eligible HOME activities. The City currently has an additional $20,000 in program income and $731,076 in prior year funds that have not been allocated to a prior year activity. Both, the program income and unallocated funds will be added to the current year's allocation for a total of $975,258 in new HOME activities. The CDBG and HOME funds will be allocated to the following program activities to be implemented from July 1, 2017 to June 30, 2018: CDBG Public Service Activities Church of the Redeemer Food Bank $9,000 Domestic Violence Advocate $24,000 ESGV Coalition for the Homeless $10,000 Family Service Center $23,000 Graffiti Removal $27,000 Baldwin Park Police Department Pride Platoon $23,000 Recreation/Sports Scholarship Program $4,000 Santa Anita Family Services $4,500 St. Johns Church Social Services $2,150 Youth Employment $14,933 2017-2018 CDBG Capital Activities Section 108 Loan Repayment $425,125 Annual Action Plan 2017 OMB Control No; 2506-0117 (exp. 07/31/2015) 3 Code Enforcement $108,614 Home Rehabilitation Grant Program* $20,000 Lead Testing $3,000 Rehabilitation Administration $60,000 2017-2018 HOME Activities CHDO* $197,635 First -Time Homebuyer Program** $250,000 Rehabilitation Loan Program ** $345,410 Lead Abatement Grant Program ($16.660 of PY funds) *** $20,000 2017-2018 Program Administration Activities CDBG Program Administration $186,278 Fair Housing (CDBG Administration) $2,500 HOME Program Administration $22,418 Carryover Prior Year Funds ** *Partially funded with $2,926 in prior year unallocated CDBG funds. ** Fully funded with $612,070 in prior year unallocated HOME funds *** Partially funded with $612,070 in prior year unallocated HOME funds 2. Summarize the objectives and outcomes identified in the Plan HUD's Community Planning and Development (CPD) Outcome Performance Measurement Framework classifies objectives in three categories: decent housing, a suitable living environment, and economic opportunity. Based on the Needs Assessment and Market Analysis described in the Five -Year Consolidated Plan, the Strategic Plan identifies eight high priority needs to be addressed through the implementation of activities aligned with eight Strategic Plan goals. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 4 In consideration of community input and available data, the seven priority needs listed below are established as part of the Plan: • Expand the supply of affordable housing • Preserve the supply of affordable housing • Ensure equal access to housing opportunities • Provide neighborhood services, community facilities and infrastructure improvements • Provide public services for low-income residents • Provide public services for residents with special needs • Prevent and eliminate homelessness The following eight goals are identified in the Strategic Plan: • Affordable Rental Housing Development • Housing Preservation • New Homebuyer Assistance • Fair Housing Services • Neighborhood Services • Public Services for Low- and Moderate -Income Residents Including Those with Special Needs • Homeless Prevention Services • Community Facilities and Infrastructure Improvements The following goals have been established for the 2017-2018 program year utilizing CDBG and HOME funds: • Provide fair housing services to 100 people • Provide section 8 housing services to 500 households • Provide sustainability of decent housing through rehabilitating 8 housing units and conducting 10 lead-based paint testing and abatement • Enhance low- and moderate -income neighborhoods by inspecting 1500 housing units through code enforcement • Decrease crime in communities by aiding at risk youth programs, community policing, and neighborhood watch programs assisting 250 people • Support continuum of services to end homeless by funding transitional housing and outreach, case management, and referral services to 200 people • Provide first-time homebuyer services to 4 households • Provide recreation programs to assist 80 youth • Provide employment programs to assist 10 youth • Provide general services to 225 seniors • Help provide services to persons with special needs to include battered and abused spousal programs, meal programs, and case management services to 2960 people Annual Action Plan 5 2017 OMB Control No; 2506-0117 (exp. 07/31/2015) • Provide funding for graffiti removal for 6 public facilities used by thousands each year. 3. Evaluation of past performance The City is currently implementing the projects and activities included in the 2016-2017 Action Plan. As of this writing, all projects and activities are underway. The following was accomplished In FY 2015- 2016: • Provide fair housing services to 133 people • Provide sustainability of decent housing through rehabilitating 1 housing units and conducting 1 lead-based paint testing and abatement • Enhance low- and moderate -income neighborhoods by inspecting 1513 housing units through code enforcement • Decrease crime in communities by aiding at risk youth programs, community policing, and neighborhood watch programs assisting 11 people • Stimulate business investment and job development through the Section 108 repayment • Support continuum of services to end homeless by funding transitional housing and outreach, case management, and referral services to 540 people • Provide recreation programs to assist 136 youth • Provide employment programs to assist 11 people • Provide general services to 190 seniors • Provide general services to assist 4,984 people • Provide food bank services to 7,716 • Help provide services to persons with special needs to include battered and abused spousal programs, meal programs, and case management services to 8044 people While the City and local partners were able to successfully implement the activities listed above during the last five years, there were insufficient resources to fully address the level of need identified in the last Consolidated Plan. Starting in July 2015, the City initiated its current five-year Consolidated Plan cycle. Similar accomplishments are expected as described above. Since the City is only half way through 2016 fiscal year, actual numbers are not available at this time. The State of California's June 2011 passage of AB1X2, and subsequent court decisions and clarifying legislation, to eliminate Redevelopment Agencies—a substantial funding source for housing, community and economic development programs in California—significantly curtailed the City's ability to implement activities that benefit low- and moderate -income residents. 4. Summary of Citizen Participation Process and consultation process Subsequent to the enactment of the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009, HUD revised the Consolidated Plan regulations at 24 CFR Part 91 to emphasize the importance of citizen participation and consultation in the development of the Consolidated Plan. HUD strengthened the consultation process with requirements for consultation with the CoC, Public Housing Authorities (PHA), business leaders, civic leaders, and public or private agencies that address Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 0 housing, health, social service, victim services, employment, or education needs of low-income individuals and families, homeless individuals and families, youth and/or other persons with special needs. Together with the analytic capabilities of the eCon Plan Suite, these requirements created the conditions necessary to implement a collaborative, data -driven and place -based planning process that includes a robust level of citizen participation and consultation. In accordance with the City's adopted Citizen Participation Plan, the City facilitated citizen participation through surveys, community meetings and public hearings. Efforts were made to encourage participation by low- and moderate -income persons, particularly those living in slum and blighted areas and in areas where HUD funds are proposed to be used, and by residents of predominantly low- and moderate -income neighborhoods. The City also made efforts to encourage the participation of minorities and non-English speaking persons, as well as persons with disabilities. The consultation process included representatives of the CoC, PHA, and other specified groups who completed surveys, provided local data and assisted the City to ensure practical coordination of strategies to maximize impact and to avoid duplication of effort. 5. Summary of public comments Two community meetings to discuss the housing and community development needs in Baldwin Park were held before the CDBG Advisory Committee on December 12, 2016 and February 6, 2017 at the City Hall Council Chambers. Applicants for funding presented their projects the Committee, who then approved funding recommendations for the City Council to consider. A public hearing to receive comments on the housing and community development needs in the community was held in the City Council Chamber on March 1, 2017 and carried over until March 15th. No comments were received. The draft Action Plan was available for public review and comment from April 3, 2017 to May 3, 2017. A public hearing to receive comments on the draft 2017-2018 Annual Action Plan was held before the Baldwin Park City Council on May 3, 2017. Public Comments received during the public review period and the Public Hearing are provided in Appendix A of this document. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments and views received by the City in the development of the 2017-2018 Action Plan were accepted and taken into consideration in the plan. 7. Summary Examination of 2007-2011 American Community Survey (ACS) 5 -Year Estimates and the 2007-2011 Comprehensive Housing Affordability Strategy (CHAS) data, in addition to local data, as well as consultation with citizens and stakeholders revealed seven high priority needs to be addressed through the investment of an anticipated $5.8 million of CDBG and HOME funds over the five-year period of the Consolidated Plan. The investment of CDBG and HOME funds in eligible activities shall be guided principally by the seven goals of the Strategic Plan. Activities submitted for consideration in response to any solicitation or Notice of Funds Availability (NOFA) process must conform to one of the seven Strategic Plan strategies and the associated action -oriented, measurable goals in order to receive consideration for CDBG or HOME funding. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 7 The City will endeavor to broaden its citizen involvement, if there is interest shown in the City. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) PR -05 Lead & Responsible Agencies — 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Rol..e.......m..............................�....� � � m,,,,,.....................m � Name ��.w......��. .....Department/Agency CDBG Administrator BALDWIN PARK Housing Department 11-11,11, _.............. HOME Administrator BALDWIN PARK Housing......_..... .� �................................................................. Department �.�.�.�..�.. �_rrww �............... ..... _.... ... Table 1— Responsible Agencies Narrative (optional) The City of Baldwin Park Community Development Department is the lead agency responsible for the administration of the CDBG and HOME programs. In the development of this Consolidated Plan, the City developed and implemented a comprehensive citizen participation and consultation process and conducted a needs assessment and market analysis to identify levels of relative need regarding affordable housing, homelessness, special needs, and community development. This information was gathered through consultation with public officials and local agencies, public outreach and community meetings, review of demographic and economic data, and housing market analysis. In the implementation of the Annual Action Plan, the Community Development Department shall be responsible for all grants planning, management and monitoring duties necessary to comply with HUD regulations and City policy. Consolidated Plan Public Contact Information Baldwin Park Community Development Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Annual Action Plan 2017 OMB Control No: 2506-0117 (exp, 07/31/2015) ir7 AP -10 Consultation — 91.100, 91.200(b), 91.215(1) 1. Introduction In the development of the Consolidated Plan, the City of Baldwin Park consulted with representatives from multiple agencies, groups, and organizations involved in the development of affordable housing, creation of job opportunities for low- and moderate -income residents, and/or provision of services to children, elderly persons and persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. To facilitate this consultation, the City solicited feedback through the following methods: • Stakeholder surveys (web -based and paper -surveys) • Individual stakeholder consultations • Community meetings • Public hearings • Receipt of written comments The input gathered from these consultation partners helped establish and inform the objectives and goals described in the Strategic Plan. In the development of the 2017-2018 Action Plan, the City provided each agency with an opportunity to comment on the draft Action Plan during the public review and comment period. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) The City recognizes the importance of careful coordination and alignment among various service providers to maximize the effectiveness of their programs. As a result, during the development of this Consolidated Plan, the City consulted closely with organizations that provide assisted housing, health services and other community -focused agencies. Outreach efforts included surveys including specific questions associated with coordination, invitations to community meetings and follow-up in-person interviews where appropriate. The City further recognizes the importance of continued coordination and alignment during the preparation of the 2017-2018 Action Plan with these organizations and agencies. The City will strengthen relationships and alignment among these organizations in the implementation of the NOFA process for CDBG and HOME funds and through technical assistance provided to subrecipients of CDBG and HOME funds each year. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 10 The Continuum of Care (CoC) for Los Angeles County guides the development of homeless strategies and the implementation of programs to end homelessness throughout the region. The City provided a detailed questionnaire to the CoC to identify the CoC's perceived needs in the county and its objectives to address the needs of different homeless persons populations, specifically chronically homeless families and individuals, families with children, veterans, unaccompanied youth and persons at risk of homelessness. Following the delivery and response to this questionnaire, the City followed up with the CoC to clarify existing needs and objectives and understand opportunities for collaboration and coordination during the five-year planning process. The region's municipalities, including the City of Baldwin Park, provide resources for services that assist the homeless and those at risk of becoming homeless. The nonprofit and faith -based community plays a key role in the current CoC system. Coordination to address homelessness — including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth — is guided by the CoC. All service providers within the CoC have the ability to refer people with varying needs to the appropriate service provider(s) in their area. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive an entitlement of ESG funds. However, during the Consolidated Plan process, the City of Baldwin Park consulted 23 housing, social service and other entities involved in housing, community and economic development in the City and throughout the region to obtain valuable information on the priority needs in Baldwin Park and how CDBG, HOME and other resources should be invested to provide decent affordable housing, a suitable living environment and economic opportunities for low- and moderate -income residents. The Los Angeles Homeless Services Authority (LAHSA), the lead agency of the Continuum of Care (CoC), was consulted directly by telephone and email to discuss performance standards, outcomes, and policies and procedures for HMIS. Table 3 provides a listing of the entities consulted as part of this planning process. 2. 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CL Q d as L a 'u u E VL m w m z ®'Fa z a z ®—M z a —M —M o ® o ®—M O o 0 0 C m m O El . . . .. . ........... . . . ..... _U ro Ln v E-�'o 4� O v ccua a, 0 ro v E ro U c c a3, a U 0 T 0 N +J EO O a, aUi N c c E m w ® 0 C C 3 w a a a c `o a, O U U_ U 'Z m •Z > c Z v _ L O O 4J i �_ 4- V9O to V9 CL u O dp Z = a c a c v a z CL ) f° c c V) v v v c = a U M -a v E > U > E v > E > a a N a 2 a U a 0 O O O E VI E H E W E H 0 0 0 0 0 0 0 0 (9 Q (9 (7 (D (9 (7 (9 Ln U n a0 El AP -35 Projects — 91.220(d) Introduction To address the high priority needs identified in the Strategic Plan to the 2015-2019 Consolidated Plan, the City of Baldwin Park will invest CDBG and HOME funds in projects to develop affordable housing, preserve affordable housing, provide fair housing services, provide neighborhood services, provide services to low- and moderate -income residents, provide services to residents with special needs, prevent homelessness, and improve community facilities and infrastructure. Together, these projects will address the housing, community and economic development needs of Baldwin Park residents - particularly those residents residing in the low- and moderate -income areas. Describe the reasons for allocation priorities and any obstacles to addressing underserved needs All of the City's CDBG and HOME funds included in the 2017-2018 Action Plan address the primary objective of benefiting low- and moderate -income persons. Public facilities and infrastructure improvement activities are limited to the CDBG low- and moderate -income areas. Public services projects and activities will primarily address the needs low- and moderate -income limited clientele. The City's housing programs will be restricted to those with CDBG qualifying incomes. Based on the Strategic Plan, Baldwin Park is allocating 100 percent of its CDBG funds (excluding Section 108 Loan Repayment and CDBG Program Administration) as well as 100 percent of its non- administrative -HOME funds for program year 2017-2018 projects and activities that benefit low- and moderate -income people. The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of funding from federal, state and other local sources and the high cost of housing that is not Annual Action Plan 2017 OMB Control No; 2506-0117 (exp. 07/31/2015) 32 affordable to low-income people. To address these obstacles, the City is investing CDBG and HOME funds through the 2017-2018 Action Plan in projects that provide additional affordable housing units, provide for the preservation of existing housing units, that provide neighborhood services to low- and moderate -income people and those with special needs, and projects that prevent homelessness. 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M" N O_ 3 .0 3 •N O = L .V .� aJ E c s U lrj w C +� O > } a 'C a t o ` O 'fp al 7 a E O E O m X v� L c ti° .p o i Q 7 � m 0 O E Z U w Q U Q= w Z a cn = U w n. w Z a a a u= Q o CL E � 0 _ +' m L = u '>d N M a 0CL L H a Z Q CL O Q d0 O ++ as +O+ f 0 °J — .�O O CL + c t �' w '^ _ 'C 'a u p`p ++ M u = m Mmal Z D Ifo LLI Aa a` Ifo l7 o� N Li 1� 9 v v � 00 u u u oCL a N CL CL CL• ® r41 m 0 `° 0 m 0 2L E 41 m ++ 9 c ` r d M_ r *' c _ M r CL c CLc .L •�- u 3 c a. Li 1� 9 AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed For projects that address Neighborhood Services and Community Facilities and Infrastructure goals, assistance will be primarily directed to the low- and moderate -income areas of the City. The low- and moderate -income Census Tract map will be used by the City when making funding determinations using CDBG and HOME funds in order to address the areas with the highest priority needs. Additionally, as discussed in section SP -10 of the Consolidated Plan, the southeastern part of the City exhibits a greater level of need for affordable housing or services for low- and moderate -income residents; therefore, one geographic priority is being established within the Consolidated Plan and efforts for allocation priorities in this area will be made to address this need. It should be noted that the City, as a whole, is mostly low and moderate income. Geographic Distribution Target Area Percentage of Funds Low- and Moderate -Income Areas 7 Table 10 - Geographic Distribution........................................................................ Rationale for the priorities for allocating investments geographically For the 2017-2018 program year, the City will invest $947,115 of CDBG funds and $1,020,258 of HOME funds, including prior years unallocated or unexpended funds, for a total of $1,967,373 that will benefit low- and moderate -income people throughout the City. Of this amount, $135,629 or 7 percent of all resources will be invested in infrastructure projects that benefit low- and moderate -income areas. Due to the nature of the projects and activities to be undertaken, investments in projects and activities such as Neighborhood Services and Community Facilities and Infrastructure are limited to these areas while other projects and activities benefit low- and moderate -income limited clientele and are available citywide. Discussion Based on the Strategic Plan, Baldwin Park is allocating 100 percent of its CDBG funds (excluding Section 108 Loan Repayment and CDBG Program Administration) as well as 100 percent of its non- administrative HOME funds for program year 2017-2018 projects and activities that benefit low- and moderate -income people. The City has not designated any Neighborhood Revitalization Strategy Areas. Annual Action Plan 2017 OMB Control No; 2506-0117 (exp. 07/31/2015) 41 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction Two high priority affordable housing needs are identified in the 2015-2019 Consolidated Plan and two strategic Plan goals are established to provide the framework necessary to invest CDBG and HOME funds to address the affordable housing needs of the City. Expand the Supply of Affordable Housing Based on evaluation of 2007-2011 ACS and CHAS data, there is a high need for housing units affordable for households earning less than 80 percent of AMI. Of the 11,105 households earning 0-80 percent of AMI in the City, 7,418 are cost burdened households—meaning households paying more than 30 percent of their income for housing. Additionally, 4,300 of the cost burdened households are considered severely cost burdened households—meaning that they pay more than 50 percent of their income for housing. Of the 4,300 severely cost burdened households, 1,895 are renters. Of those severely cost burdened renter households, 1,895 households earn less than 50 percent of AMI and are considered the most at risk of becoming homeless. The development of additional housing units affordable for low- and moderate -income households is rated as the highest priority need due to the number of severely cost burdened households in Baldwin Park. Additionally, responses to the 2015-2019 Consolidated Plan Needs Assessment Survey support the development of additional affordable housing units in Baldwin Park. Preserve the Supply of Affordable Housing As the City's housing stock ages, a growing percentage of housing units may need rehabilitation to allow them to remain safe and habitable. The situation is of particular concern for low- and moderate -income home owners who are generally not in a financial position to properly maintain their homes. The age and condition of Baldwin Park's housing stock is an important indicator of potential rehabilitation needs. Commonly, housing over 30 years of age needs some form of major rehabilitation, such as roof replacement, foundation work and plumbing systems. Housing over 15 years of age will generally exhibit deficiencies in terms of paint, weatherization, heating / air-conditioning systems, hot water heaters and finish plumbing fixtures. According to CHAS data showing the year that housing units were built categorized by owner and renter tenure: 7,867 or 73 percent of the 10,851 owner -occupied housing units in Baldwin Park were built 36 or more Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 42 years ago (built prior to 1980) e 2,428 or 22 percent of the 10,851 owner -occupied housing units in Baldwin Park were built between 17 and 36 years ago (built between 1980 and 1999) e 3,896 or 60 percent of the 6,523 renter -occupied housing units in Baldwin Park were built 36 or more years ago (built prior to 1980) e 2,165 or 33 percent of the 6,523 renter -occupied housing units in Baldwin Park were built between 17 and 36 years ago (built between 1980 and 1999) One Year Goals for the Number of Households to be Supported Homeless ..................... .r................... �.��. m.-. 200 Non -Homeless 2,920 Special -Needs 450 Total 3,570 Table 11- One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 4 Acquisition of Existing Units 9 Total 13 Table 12 - One Year Goals for Affordable Housing by Support Type Discussion The Strategic Plan identifies a high priority need to expand the supply of affordable housing and a high priority need to preserve the supply of affordable housing. During the 2017-2018 program year, the City of Baldwin Park is completing the expansion of its supply of affordable housing through the ROEM affordable housing development activity and providing homeownership opportunities for low -and moderate -income first-time homebuyers. Additionally, the City will invest CDBG and HOME funds in the preservation of affordable housing units through the City of Baldwin Park Housing Rehabilitation Program. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 43 AP -60 Public Housing — 91.220(h) Introduction The Baldwin Park Housing Authority (BPHA) was created and authorized under State of California Housing Authority Law to develop and operate housing and housing programs for low-income families. The BPHA receives its funding from the Department of Housing and Urban Development (HUD) for the administration of the Section 8 tenant -based Housing Choice Voucher (HCV) assistance program for the jurisdiction of the cities of Baldwin Park, West Covina, EI Monte, South EI Monte, and Monrovia in the County of Los Angeles. Actions planned during the next year to address the needs to public housing BPHA will continue to serve the needs of residents through public housing and Section 8 vouchers. Maintain a leasing rate of 98 to 100 percent. Continue to maximize the budget's authority to provide as many households as possible with improved living conditions and ease cost burdens associated with housing. Create more flexible and portable housing opportunities by converting the Baldwin Park Housing Authority's public housing units to tenant -based voucher assistance. Continue to provide forms and documents via its web portal to owners and tenants to increase the accessibility of information and streamline procedures with the goal of helping tenants and owners to comply with Section 8 rules and increase the availability of housing units. Actions to encourage public housing residents to become more involved in management and participate in homeownership BPHA actively encourages residents to be involved in the organization through resident councils and active participation in housing authority decisions via surveys and other forms of engagements. BPHA implemented the use of social media to improve and maximize the outreach to owners and tenants and increase the accessibility of information. Residents also maintain a resident advisory board. BPHA encourages residents to explore homeownership opportunities. The City of Baldwin Parks offers a Housing Assistance program to low- and moderate -income first-time homebuyers, known as the Silent Second Program. It provides a loan that funds the difference between the purchase price of the home and the first mortgage. The homebuyer is required to put a 1.5 percent down payment. The Silent Second Program or "gap financing" program assists homebuyers in purchasing their home by filling in the affordability gap. The gap is defined as a difference between the purchase price of the home and the first mortgage plus a 1.5 percent down payment. The Silent Second Program is funded through the HOME Investment Partnership Program (HOME) and Housing (20 percent) Set -Aside funds. Although the set-aside funds are no longer available from the State, the City is expecting to receive proceeds from the sale of RDA -acquired property, which they will use for another housing activity. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 44 BPHA and HACoLA are designated as a High Performing Public Housing Agency. Discussion BPHA and HACoLA are well-positioned to maintain and expand the supply of affordable housing units in the City of Baldwin Park and throughout Los Angeles County through its partnerships with the State of California, Los Angeles County Community Development Commission, the City of Baldwin Park and other housing partners. BPHA administers Section 8 to provide rental assistance to low-income families, senior citizens, and disabled individuals. In 2016, 500 Section 8 Housing Choice Vouchers were held by Baldwin Park households. If funds are released, the BPHA has the authority to fund up to 880 vouchers. Annual Action Plan 2017 OMB Control No; 2506-0117 (exp. 07/31/2015) 45 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction Preventing and ending homelessness is a HUD priority addressed nationally through coordination of regional strategies carried out locally by government agencies and a wide variety of community based organizations and faith -based groups. Consistent with this approach, the City of Baldwin Park supports the efforts of the Los Angeles Homeless Service Authority (LAHSA), County Continuum of Care (CoC), and its member organizations that address homelessness throughout Los Angeles County. In alignment with this strategy, the City will use CDBG funds to support local service providers as well as City run programs to prevent homelessness and to expand the supply of affordable housing in Baldwin Park for low- and moderate -income residents. The City will invest CDBG funds during the 2017-2018 program year to address high priority needs identified in the 2015-2019 Consolidated Plan including preventing homelessness and providing public services to special needs populations. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs According to the Ten -Year Plan to End Homelessness, the CoC is implementing several regional strategies that will enhance local coordination to more effectively assist people in need. To more rapidly identify and assess people experiencing homelessness, the CoC is creating regional homeless access centers that offer fully coordinated systems of outreach and will facilitate universal assessment, intake, referral and transportation to resources. The CoC also has resources of information (such as 2-1-1) to better serve individuals who are homeless or at risk of becoming homeless. In addition, the CoC implements a database using real time information from intake and assessment that is housed in the Homeless Management Information System (HIMS). Collectively these strategies help minimize duplication of effort and better connect the most vulnerable individuals and families, chronically homeless, and people at risk of becoming homeless to appropriate resources. To reach out to unsheltered homeless persons and assess their individual needs for the purpose of connecting them with available emergency shelter and transitional housing resources, the City of Baldwin Park will provide information and referrals — primarily to 2-1-1 Los Angeles County. Additionally, to reduce and end homelessness, the City of Baldwin Park will provide CDBG public service funds to the following activities: • East San Gabriel Valley Coalition for the Homeless (200 people) • Domestic Violence Advocate (250 people) 0 Santa Anita Family Services (200 people) Annual Action Plan 2017 OMB Control No: 2506-0117 (exp„ 07/31/2015) 46 Addressing the emergency shelter and transitional housing needs of homeless persons The City supports local nonprofit agencies that provide emergency rental assistance and transitional housing needs for homeless or those at risk of becoming homeless. To address the emergency shelter and transitional housing needs of homeless persons, the City supports the East San Gabriel Valley Coalition for the Homeless that provides transitional housing, emergency assistance and winter shelter assistance to homeless families or families at risk of homelessness. Each year, the East San Gabriel Valley Coalition for the Homeless serves approximately 200 unduplicated people. Additionally, the City supports Domestic Violence Advocate and Santa Anita Family Services, organizations that provide emergency shelter and support services to victims of domestic violence. These programs provide a number of services to include but not limited to supportive services for survivors and perpetrators of domestic violence, batterer's program, and anger management, and assistance in guiding victims through the criminal justice system. Lastly, the City of Baldwin Park also supports the efforts of the Los Angeles County Continuum of Care (CoC) and its member organizations that address homelessness. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again To address the needs of homeless families, families with children, veterans and their families, the City supports the East San Gabriel Valley Coalition for the Homeless, which provides transitional housing, counseling and case management to families at risk of homelessness. Each year, the East San Gabriel Valley Coalition for the Homeless serves approximately 200 unduplicated people through its transitional housing program. When paired with financial counseling, career coaching and other available case management services, the agency makes certain that families are ready to succeed in their transition to permanent housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The Los Angeles County CoC Ten Year Plan to End Homelessness included a goal to establish countywide protocols and procedures to prevent people from being discharged from public and private institutions of care into homelessness that will help decrease the number of persons being discharged into homelessness by at least 10 percent annually. The CoC is seeking improve coordination among publicly Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 47 and privately funded institutions of care and local service agencies in the County of Los Angeles in order to decrease the number of persons being discharged into homelessness annually. Discussion With limited CDBG and HOME resources available, the City is investing CDBG public service funds in public service activities such as the East San Gabriel Valley Coalition for the Homeless to prevent homelessness in Baldwin Park One year goals for the number of households to b....� w�..... e provided housing through the use of HOPWA for Short-term rent, mortgage, and utility assistance to prevent homelessness of the individual or family Tenant-ba..... _ .... ___� ..... ........... Tenant-based rental assistance Units provided in sing hou facilities (transitional or permanent) that are being developed, leased, or operated Units provided in transitional short-term housing facilities developed, leased, or operated with HOPWA funds -Total Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 48 AP -75 Barriers to affordable housing — 91.220(j) Introduction A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing. Barriers can include land use controls, property taxes, state prevailing wage requirements, environmental protection, cost of land and availability of monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in the sense that barriers are lawful and impediments to fair housing choice are usually unlawful. Based on information gathered during community meetings, the Consolidated Plan Needs Assessment Survey, the 2013-2021 Housing Element and market analysis, the primary barriers to affordable housing in Baldwin Park are housing affordability and the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that demand for affordable housing exceeds the supply and insufficient resources are available to increase the supply of affordable housing to meet demand. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment In the development of the 2013-2021 Housing Element, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations. Based on this evaluation, the City determined that it has taken all appropriate and necessary steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. Moreover, the City is actively engaged with affordable housing developers concerning the siting of additional future affordable housing and ensuring that the entitlement process runs smoothly from inception to completion. Discussion To address housing affordability and the lack of monetary resources for affordable housing, the Strategic Plan calls for the investment of a significant portion of CDBG and HOME funds for the development of 73 new affordable rental housing units during the five-year period of the Consolidated Plan and the rehabilitation and preservation of 25 existing affordable housing units over the five-year period covered by the Consolidated Plan. Although the City no longer has access to Redevelopment Housing Set -Aside funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of affordable housing, to facilitate affordable housing development. This strategy will increase the supply of affordable housing and preserve existing affordable housing in the City. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 49 AP -85 Other Actions — 91.220(k) Introduction In the implementation of the 2017-2018 Annual Action Plan, the City will invest CDBG and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty -level families, develop institutional structure and enhance coordination between public and private housing and social service agencies. Actions planned to address obstacles to meeting underserved needs The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of funding from federal, state and other local sources, and the high cost of housing that is not affordable to low-income people. To address these obstacles, the City is investing CDBG and HOME funds through the 2017-2018 Action Plan in projects that provide financing for the development of 70 new affordable rental housing units, provide loans to approximately nine low- and moderate -income homeowners for home improvements, assist 4 first-time homebuyers, provide public facilities improvements at City of public facilities to benefit people presumed under HUD regulations to be low - and moderate -income people and those with special needs, and projects that prevent homelessness. To address underserved needs, the City is allocating approximately 100 percent of its non -administrative CDBG and HOME investments for program year 2017-2018 to projects and activities that benefit low - and moderate -income people or people presumed under HUD regulations to be low- and moderate - income. Actions planned to foster and maintain affordable housing In the implementation of the 2017-2018 Annual Action Plan, the City will invest HOME funds to expand the supply of affordable rental housing and will use CDBG and HOME funds to preserve and maintain existing affordable housing through the City of Baldwin Park Residential Rehabilitation Program that anticipates providing up to 9 grants and deferred loans totaling $306,001 to low- and moderate -income owners of single-family dwellings. Actions planned to reduce lead-based paint hazards The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing -based approaches. To reduce lead-based paint hazards, the City of Baldwin Park's Residential Rehabilitation Program will conduct lead-based paint testing and risk assessments for each property assisted that was built prior to January 1, 1978 and will incorporate safe work practices or abatement into the scope of work as required to reduce lead-based paint hazards in accordance with 24 CFR Part 35. Actions planned to reduce the number of poverty -level families The implementation of CDBG and HOME activities meeting the goals established in the 2015-2019 Consolidated Plan - Strategic Plan and this Annual Action Plan will help to reduce the number of poverty - level families by: Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 50 • Supporting activities that expand the supply of housing that is affordable to low- and moderate - income households; Supporting activities that preserve the supply of decent housing that is affordable to low- and moderate -income households; 01 Supporting a continuum of housing and public service programs to prevent and eliminate homelessness; • Supporting housing preservation programs that assure low income households have a safe, decent and appropriate place to live; Supporting public services for low- and moderate -income residents including those with special needs and those at -risk of homelessness offered by nonprofit organizations receiving CDBG funds; and • Promoting economic opportunity for low- and moderate -income residents who own microenterprise businesses (five or fewer employees) or who are starting a new microenterprise business. In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start provide pathways out of poverty for families who are ready to pursue employment and educational opportunities. Additionally in California, the primary programs that assist families in poverty are CalWORKs, CalFresh (formerly food stamps) and Medi -Cal. Together, these programs provide individuals and families with employment assistance, subsidy for food, medical care, childcare and cash payments to meet basic needs such as housing, nutrition and transportation. Other services are available to assist persons suffering from substance abuse, domestic violence and mental illness. Actions planned to develop institutional structure The institutional delivery system in Baldwin Park is high -functioning and collaborative — particularly the relationship between local government and the nonprofit sector comprised of a network of capable community-based organizations that are delivering a full range of services to residents. Affordable housing development and preservation activities will be carried out by the Housing Division of the Community Development Department in partnership with housing developers and contractors. Public service activities will be carried out by nonprofit organizations and City Departments to achieve the Strategic Plan goals. The Housing Division and the Public Works Department will work together with contractors to implement public facility improvement projects. One of the key ways the City is developing and expanding institutional structure to meet underserved needs is by funding a wide variety of services targeted to youth, seniors, special needs populations and individuals or families at risk of homelessness with CDBG public service grants. Actions planned to enhance coordination between public and private housing and social service agencies To enhance coordination between public and private housing and social service agencies, the City will Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 51 continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate -income residents in Baldwin Park. Discussion In the implementation of the 2017-2018 Annual Action Plan, the City will invest CDBG and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty -level families, develop institutional structure and enhance coordination between public and private housing and social service agencies. Annual Action Plan 2017 OMB Control No; 2506-0117 (exp. 07/31/2015) 52 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction In the implementation of programs and activities under the 2017-2018 Annual Action Plan, the City of Baldwin Park will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate -income benefit for the CDBG program and recapture requirements for the HOME program. Eligible applicants for CDBG and ESG assistance include subrecipients who may carry out programs to benefit program beneficiaries on behalf of the City. Applications from interested subrecipients may be solicited by the City directly or via published Notices of Funds Availability at the discretion of the City. Eligible beneficiaries for CDBG or HOME funded housing rehabilitation or first-time homebuyer programs include households earning less than 80 percent of AMI. Developers for HOME -assisted rental housing development projects shall be selected via an application and underwriting process determined by the City based on the regulatory requirements applicable to the prospective project based on the nature and scope of the proposed development. Opportunities for leveraging and matching funds shall be emphasized in the selection of affordable housing Developers. Selection of affordable rental housing development projects shall be based on project feasibility, funding availability and City needs as determined by staff and the City Council. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 53 Other CDBG Requirements 1. The amount of urgent need activities 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 100.00% 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City will not use any other forms of investment beyond those identified in Section 92.205. The Residential Rehabilitation Program offers one percent interest deferred loans for the rehabilitation of owner -occupied single-family. The loans are due and payable after 30 years. Maximum loan amount is $45,000 and the after rehab value of the house must be less than 95% of the area's median purchase price. The loan does not include any provision for refinancing existing debt. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: During the 2017-2018 program year, the City of Baldwin Park will be undertaking HOME -assisted homebuyer activities. The City uses the recapture provision of HOME funds. The City provides deferred loans up to $70,000 and that amount is reevaluated at the beginning of each fiscal year to determine what the market will bear. The amount represents the necessary financing to assist an eligible lower income family to qualify for a home purchase. The purchase price for the home cannot exceed 95% of the area's median purchase price. The interest rate begins at 5% and is reduced by one percentage point every three years. After 15 years, the interest is forgiven and the loan is due and payable. The loan amount can be extended in five-year increments, but the homeowner must be income eligible at each extension. At the end of the 30 -year period, the City loan is due and payable. The City believes that at that point, the bank loan will have been paid off and the homeowner should qualify for a conventional bank loan. The homebuyer program is limited to new homebuyers who have not owned a house in the past three years. Homebuyers that meet the eligibility requirements will be served on a first-come, first-served Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 54 basis. The loan does not provide for refinancing of existing debt. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The City uses recapture. All City loans are due and payable upon sale or transfer of the property; if the unit is no longer occupied by the homebuyer; if the homebuyer cashes out; or there becomes a maintenance problem with the property. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.2O6(b), are as follows: The City does not intend to use HOME funds under the 2017-2018 Annual Action Plan to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds. Discussion In the implementation of programs and activities under the 2017-2018 Annual Action Plan, the City of Baldwin Park will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate -income benefit for the CDBG program, median area purchase price and recapture requirements for the HOME program. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 55 Attachments Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 56 Citizen Participation Comments 2017-2018 ANNUAL ACTION PLAN JULY 1, 2017 THROUGH JUNE 30, 2018 APPENDIX Citizen Participation and Consultation Annual Action Plan 2017 OMB Control No; 2506-0117 (exp. 07/31/2015) 57 Agencies Consulted Los Angeles County Department Child Pro�tect...i.ve Services Services -Children n Los Angeles County Health Department Services -Health City of West Covina _m Adjoining City g s County Sheriff's Department Los Angeles Services ,Safety Los Angeles County Fire Department Services=Safetymm City of Baldwin Park Department of Public Works ...... .. —Local Government _ �. City of Baldwin Park Department of Recreationmmm... Local Government Housing Authority of the County of Los Angeles (HACoLA) � ��. Public Housing � Housing Authority of the City of BaldwiPark ..mm ��n � Public Housing Southern CA Council of Governments (SCAG) Regional Government Baldwin Park Divas Services -Recreation Baldwin Park Eastside Little League ww . �..._...... Services -Recreation _._ ...�.. . Baldwin Park American Little League Services -Recreation Lucky Baldwingmmmm y League _ Pon ........... ._... Services -Recreation ..� .. .......�...�.. Bassett Little League www. �....... ............. Services Recreation ....� w.... ._.......m..m_.. Baldwin Park National Little League Services -Recreation .... Baldwin Park Soccer Little League ... .._.. Services -Recreation ............ __ .... Baldwin Park Pride Platoon Services -Recreation Youth Athletic Association (Roadrunners) Services -Recreation Housing Rights Center Fair Housing Santa Anita Family Service Center Services -Families ESGV Coalition for the HomelessServices-Home less Los Angeles Homeless Services Authority (LAHSA) � Services -Homeless � ' en Kitchen Cory's Services -Food bank Project SisterServices-Domestic Violence Domestic Violence Advocate Services -Domestic Violence • California Dept. of Housing and Community Development ...... m nt Government _ .. .� . Baldwin Park..... Chamber of Commerce v � Business Community _ Baldwin Park Community Center n Services-Recreation Church of the Redeemer Food Bank Services -Food bank St. John Social Services Services -Families ..... &Youth Family Service Center, Recreation ScholarshipS S Economic Services -Children and EmploymentDevelopment ... �...... 6.....� _ ...... ROE M Development Corporation Affordable Housing CHDO - Immanuel Housing LLC. Affordable Housing _._ ... irtment of Recreation City of Baldwin Park Department � Servicess -Recreation �,_�....... �...� City of Baldwin Park CodeEnforcement Local Government o . . �mestic Violence Advocate of Baldwin Park D City omw Services -Domestic Violence Rio Hondo Community Development Corporation ........ Economic Development .. �._ .. .m. - i.tw. �... City f EI Monte Adjoining City City of La Puente 11 Adjoining City Annual Action Plan 58 2017 OMB Control No; 2506-0117 (exp. 07/31/2015) Grantee Unique Appendices 1i ti NORTHH a Prtrroar. � Cw�fy of Baldwin Park omioq flee CDBG - LOW AND MODERATE INCOME AREA MAP 2010 CENSUS AREAS (As of July 1, 2014) LEGEND: ••• • CITY BOUNDARY LOW AND MODERATE INCOME BLOCK GROUPS CENSUS TRACK BLOCK GROUP Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 59 STAFF REPORT T TO: ��. HUsoF, rM� FROM: SAN GABR.IEL � ; DATE: VALLEY ate:° SUBJECT: Honorable Mayor and City Councilmembers Robert N. Tafoya, City Attorney June 7, 2017 APPROVAL OF RESOLUTION OPPOSING WITHDRAWAL FROM PARIS CLIMATE AGREEMENT SUMMARY The Paris Climate Accord, known as the "Paris Agreement" by the United Nations, is an historic international agreement reached in 2015 aimed at reducing carbon emissions, slowing rising global temperatures and helping countries deal with the effects of climate change. This Staff Report asks the City Council to approve a Resolution opposing President Trump's unilateral withdrawal from this historic climate accord because of the deleterious effect such an action would have on the planet and particularly the community of Baldwin Parl. FISCAL IMPACT There will be no impact to the 2017-2018 budget. RECOMMENDATION Staff recommends that City Council approve Resolution No. 2017-193, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, STATING ITS OPPOSITION TO PRESIDENT DONALD TRUMP'S WITHDRAWAL FROM THE PARIS CLIMATE AGREMENT" BACKGROUND President Donald Trump announced the United States will withdraw from the Paris Climate Agreement, the 2015 landmark international accord reducing carbon emissions, slowing rising global temperatures and combating climate change. The Associated Press recently asked two dozen climate scientists what would happen if the U.S. reneges on its commitments under the Paris Agreement. They said that doing so would make it much more difficult to prevent crossing a dangerous threshold in global temperatures. Withdrawing from the deal could result in an additional 3 billion tons of carbon dioxide being released into the atmosphere each year, speeding up the rate of rising sea levels and melting ice sheets creating dangerous and life threatening conditions. The City of Baldwin Park takes sharp exception to President Trump's unilateral action to withdraw from the Paris Climate Agreement because of the environmental effects on its particularly vulnerable community with the effects of climate change being the most deleterious. LEGAL REVIEW This Staff Report and Resolution has been reviewed by the City Attorney as to form and content. ALTERNATIVES City Council may determine not to approve the Resolution. ATTACHMENTS Resolution No. 2017-193 RESOLUTION No, 2017-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, STATING ITS OPPOSITION TO PRESIDENT DONALD TRUMP'S WITHDRAWAL FROM THE PARIS CLIMATE AGREMENT WHEREAS, the Paris Climate Accord, known as the "Paris Agreement" by the United Nations, is an historic international agreement reached in 2015 aimed at reducing carbon emissions, slowing rising global temperatures and helping countries deal with the effects of climate change. WHEREAS, President Donald Trump announced the United States will withdraw from the Paris Climate Agreement, the 2015 landmark international accord at combating climate change; WHEREAS, under the terms of the agreement, signatories committed to holding the increase in the global average temperature to well below 2° C above pre -industrial levels and pursuing efforts to limit the temperature increase to 1.5° C above pre -industrial levels; WHEREAS, the deal requires countries to set their own targets for reducing emissions by 2020. The Obama administration committed the U.S. to reducing carbon emissions by 26 to 28 percent by 2025; WHEREAS, the agreement also established a $100 billion fund to help vulnerable countries deal with the effects of climate change and these countries are in grave need of this money in order to combat climate change; WHEREAS, the Obama administration committed the U.S. to the agreement without seeking ratification in the Senate, meaning Mr. Trump can withdraw support unilaterally, which he has. The U.S. joins Nicaragua and Syria as the only countries not participating in the agreement; WHEREAS, the process of the U.S. withdrawing from the agreement could take at least three years, and scientists warn such a decision could have dire consequences for the planet; WHEREAS, the Associated Press recently asked two dozen climate scientists what would happen if the U.S. reneges on its commitments under the Paris Agreement. They said that doing so would make it much more difficult to prevent crossing a dangerous threshold in global temperatures; WHEREAS, the U.S. could contribute to an increase of as much as 0.3 degrees Celsius in global temperatures by end of the century if it abandons the deal, according to one simulation; 1 WHEREAS, withdrawing from the deal could result in an additional 3 billion tons of carbon dioxide being released into the atmosphere each year, speeding up the rate of rising sea levels and melting ice sheets creating dangerous and life threatening conditions; WHEREAS, the community of Baldwin Park contains a population critically vulnerable to environmental impacts caused by climate change due to its socioeconomic status and geographic location next to an interstate Freeway; and WHEREAS, the City of Baldwin Park takes sharp exception to President Trump's unilateral action to withdraw from the Paris Climate Agreement because of the environmental effects on its community with the effects of climate change being the most deleterious. NOW, THEREFORE, BE IT RESOLVED: SECTION 1. That the City Council of the City of Baldwin Park opposes the withdrawal by President Donald Trump of the United States from the 2015 landmark international accord combating climate change, the Paris Climate Agreement. SECTION 2. That the withdrawal of the United States from the Paris Climate Agreement would have deleterious effects and scientists warn such a decision could have dire consequences for the planet. The withdrawal would especially have a deleterious impact on the vulnerable community of Baldwin Park because of its socioeconomic status and geographic location. SECTION 3. That this Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and RESOLVED this 7th day of June, 2017. ATTEST: CITY CLERK 2