HomeMy WebLinkAbout2017 08 16OF A
OF THE
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, AUGUST 16, 2017 at 5:30 PM. at City Hall — 3rd Floor Conference Room 307,
14403 East Pacific Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Dated: August 10, 2017
Manuel Lozano
Mayor
AFFIDAVIT OF POSTING
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 24 hours prior to the meeting on August 16, 2017.
Alejandra Avila
City Clerk
i'T "
MEETINGSPECIAL
Please note
time and
meeting
AUGLET 16,20177,_-- location
5:30 PM
CITY HALL - 3rd Floor, Conference Room 307
14403 EAST PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
Manuel Lozano
Susan Rubio
Cruz Baca
Monica Garcia
Ricardo Pacheco
Mayor
Mayor Pro Tem
Council member
Council member
Council member
PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS
POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda, 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 avar/able for otrr convenience.
................
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
para hablar solamente sobre asunto publicado en esta
agenda. Si usted desea la oportunidad de dirigirse al
Concilio o alguna de sus Agencias, podra hacerlo
durante el periodo de Comentarios del Publico
(Public Communications) anunciado en la agenda. A
cada persona se le permite hablar por tres (3)
minutos. Hay un intdrprete para su conveniencia.
CITY COUNCIL
SPECIAL MEETING — 6:00 P.M.
CALL TO ORDER
ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco,
Mayor Pro Tem Susan Rubio and Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting.
(Government Code §54954.21
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
1. PRESENTATION BY AMERESCO, INC., ON SOLAR AND LED STREETLIGHT ENERGY
CONSERVATION PROJECT
Presentation by Victor Flint and Warren Van Ryzin, of Ameresco, Inc., regarding a
proposed energy conservation audit and the Solar and LED Streetlight Energy
Conservation Project.
2. PRESENTATION BY CONSOLIDATED EDISON SOLUTIONS, REGARDING
INVESTMENT GRADE AUDIT OF ENERGY USE
Presentation by Greg Ratter and Gary Gatley, representative of Consolidated Edison
Solutions, Inc., regarding the City's energy audit and implementation of energy savings
measures.
RECESS TO CLOSED SESSION
3. PUBLIC EMPLOYMENT APPOINTMENT Pursuant to Government Code Section 54957:
Human Resources Manager
4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9:
Potential Case(s): Two (2)
5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
Case Name: Tuttle v City of Baldwin Park Case No. 2:16 cv 09167 CAS GJS
Case Name: Casimiro v City of Baldwin Park Case No. 16CV03454-SVW-JPR
6. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6)
Pursuant to Government Code Section 54957.6:
Agency des., nated re Lsentatives: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney, and Sean Gibbons, Coleman Frost LLP
Em to E. Or anizations: 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
Unre resented Em to ee(: City Planner; Housing Authority Manager; Chief Deputy City
Clerk, Community Development Director; Human Resource Manager; Police Chief; Finance
Director; Public Works Director; Recreation and Community Services Director
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 24 hours prior to the meeting on August 16, 2017.
Alejandra Avila
City Clerk
PLEASE NOTE. Copies of staff reports and supporlin documentation pertaining to each item on this agenda are
avallable for public viewing and inspection at City Hall, 2"� Floor Lobby Area or at the Los Angeles County Public Library
in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at
(626) 960-4011 ext. 466 or e-mail f ayLk @b alra+c. coir .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting
will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA
TITLE ll)
- 'k 1 MA
AUGUST 16, 2017
7:00 P
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 est6 bajo su jurisdicci6n. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podrb hacerlo durante el perlodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cads persona se le permite
hablar por tres (3) minutos. Hay un int6rprete para su
conveniencia.
%�,'�> ��a:;7�rt;,l:�li:� "t, ( 1':7 I';I�✓ f.;l.ai+l fl� i^",,. I'�?.r.'i; /i l�i i(d ;`i �;71"If, 1 �i"'6 i�7�l�� P11,".,,� il�,;�i is"d';A i."� ,7C1 d!,,.'��!'l' f,Jl J'li,��F. "i,,"if�.> (�i�':;�i
.�.......... . .....�
CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco,
Mayor Pro Tem Susan Rubio and Mayor Manuel Lozano
ANNOUNCEMENTS
This is to announce, as required by Government Code section 54952.3, members of the City
Council are also members of the Board of Directors of the Housing Authority and Finance
Authority, which are concurrently convening with the City Council this evening and each
Council Member is paid an additional stipend of $30 for attending the Housing Authority
meeting and $50 for attending the Finance Authority meeting.
Presentation of a Plaque to Father Jonathon Meyer, former priest at Saint John's The
Baptist Church, in appreciation of his long-standing dedication to the community
• Presentation by Valley County Water District regarding the Consumer Confidence
Report and the Upcoming Proposition 218 Notice and Public Hearings
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos ser6 el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances
exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct
staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tome acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alg0na emergencia o
circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas
hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas.
[Codigo de Gobiemo §54954.2]
City Council Agenda Page 2
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends that Council ratify the attached Warrants and Demands Register.
2. TREASURER'S REPORT — JUNE 2017
Staff recommends that Council receive and file the Treasurer's Report.
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):
Cholico, Stephanie Claimant alleges property damage from a
tree located on 15120 Chetney Drive in
Baldwin Park
4. MEETING MINUTES
Staff recommends that Council receive and file the following Meeting Minutes:
A. Meeting Minutes of the Housing Authority and Finance Authority Meetings
held on July 19, 2017.
5. APPROVAL OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL
YEAR 2017-18
Staff recommends that Council receive and file the Statement of Investment Policy
for Fiscal Year 2017-18.
6. APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN ENGINEERING AND PROJECT MANAGEMENT FOR THE
COMPRESSED NATURAL GAS (CNG) REFUELING STATION TO BE LOCATED
AT BADILLO STREET AND RAMONA BOULEVARD
Staff recommends that Council approve the Amendment to the Professional
Services Agreement with Evan Brooks and Associates, Inc., for System Engineering,
Project Coordination and Management, for an amount not -to -exceed $78,225.00;
and authorize the Mayor to execute the Amendment.
7. CONSIDERATION OF AN ENERGY AUDIT AGREEMENT WITH AMERESCO,
INC., EVALUATING ENERGY USE OPTIMIZATION MEASURES FOR STREET
LIGHTS, TRAFFIC SIGNAL SAFETY LIGHTS, TRANSIT CENTER AND TEEN
CENTER
Staff recommends that Council approve the request to authorize the City of Baldwin
Park Chief Executive Officer, or his designee, to sign a Letter of Intent (LOI) with
Ameresco, Inc., to perform an investment grade energy audit (IGA) in support of the
City's Energy Conservation Program.
8. CONTRACTUAL ANNUAL RATE ADJUSTMENT FOR SOLID WASTE FEES DUE
TO CPI INCREASE
Staff recommends that Council approve and adopt Resolution No. 2017-197 "A
Resolution of the City Council of the City of Baldwin Park, California, Adopting the
Amended Fee Schedule for Solid Waste Collection and Recycling Services, to
Reflect Consumer Price Index Increases."
City Council Agenda
Page 3
9. AUTHORIZATION TO SELL POLICE SERVICE DOG "D'JANGO"
Staff recommends that Council approve the sale of police service dog D'Jango to
Baldwin Park Police Officer Tony Gamboa for the amount of one dollar ($1) and City
Council gives authorization to the Chief of Police to execute the attached agreement
with Officer Tony Gamboa.
10. SECOND READING OF ORDINANCE NO. 1400 AND 1401 RELATING TO AN
AMENDMENT TO THE CITY'S MUNICIPAL CODE, ON MEDICAL AND ADULT
USE OF CANNABIS ZONING (I & IC) AND RULES AND REGULATIONS FOR
THE MANUFACTURING, CULTIVATION, AND DISTRIBUTION THEREOF (AND
CONTINUTING THE BAN ON DISPENSARIES)
Staff recommends that Council:
Approve and adopt by title only, and waive the second reading, Ordinance No.
1400, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 127, MEDICAL AND
ADULT USE COMMERCIAL CANNABIS, OF TITLE XI, BUSINESS
REGULATION TO THE CITY OF BALDWIN PARK'S MUNICIPAL CODE," and
waive any further reading thereof; and
2. Approve and adopt by title only, and waive the second reading, Ordinance No.
1401, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL
CODE TABLE 153.050.020, ALLOWING MEDICAL AND ADULT CANNABIS
CULTIVATION, DISTIRIBUTION AND MANUFACTURING USES, THE
DELETION OF SUBSECTIONS 153.120.330.0 AND 153.120.330D OF THE
CITY'S MUNICIPAL (ZONING) CODE," and waive any further reading thereof.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY
DEVELOPMENT COMMISSION
C d re
CONSENT CALENDAto R 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.
SA — 1 SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF BALDWIN PARK WARRANTS AND DEMANDS
Staff recommends that Council ratify the attached Warrants and Demands Register.
REPORTS OF OFFICERS
11. REQUEST FOR ALLOCATION OF FUNDING FOR THE "CELEBRATE BALDWIN
PARK" PARADE
Staff recommends that Council provide direction to staff.
12. DESIGNATION AS SISTER CITY TO THE MUNICIPALITY OF NOCHISTLAN DE
MEJIA ZACATECAS, MEXICO
Staff recommends that Council approve the Sisterhood Agreement to establish a
Sister City relationship between the City of Baldwin Park and the Municipality of
Nochistlan de Mejia, Zacatecas, Mexico.
City Council Agenda
Page 4
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF RE UESTS &
COMMUNICATIONS
Request by Council member Garcia for discussion and consideration:
• Clarification of her position related to the David Salcedo lawsuit in response to council
comments during the regular meeting on August 2, 2017.
• Review of Rules of Decorum pertaining to Councilmembers making slanderous or false
statements, and attacking other Councilmember's positions. This, in response to
comments made by Mayor Pro Tem Susan Rubio and Councilmember Cruz Baca at the
study session on August 7, 2017,
4; Request for letter of support to ensure the San Gabriel Mountains National Monument
Open Space remains unchanged. The designation came after years of public
engagement and study to preserve nationally significant resources with the minimal
boundary possible and should remain for future generations.
Request by Mayor Pro Tem Rubio for discussion and consideration:
• Discussion regarding the Walbern Development project.
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of August,
20,17.
A j 'ndra Avila
Citv 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, 2na 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 a avilaa baldwi lfa@rrjIT oni.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will
enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda
Page 5
ITEM NO.
+-STAFF REPORT
TO: Honorable Mayor and City Councilmembers
,HUS car
rri FROM: Rose Tam, Director of Finance
sA a o sIEL � DATE: August 16, 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 $474,737.98 and the attached General Warrants Register were 479,922.45
for a total amount of $954,660.43.
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 198793 to 198825. Additionally,
Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from
control number 1000 to 1277 for the period of July 02, 2017 through July 15, 2017, inclusive; these are
presented and hereby ratified in the amount of $474,737.98.
2. General Warrants, including check numbers 215880 to 215981, in the total amount of $479,922.45
constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City
Council as required by law, and the same hereby ratified.
vmu L D CHECK REGISTER
City of Baldwin Park, CA By Payment Number
Payment Dates 07/21/2017 - 08/02/2017
Payment Date
Vendor#
Payment Amount
Payment Number
Payable Number
Description Vendor Name
Account Number
Item Amount
215880
7/24/2017
08789 FRANCISCO REAL
500.00
04/26/17
EDUCATION PRG REIMB F/Y 16-17
100-30-310-53210-00000
500,00
215881
7/24/2017
12677 PYROGRAPHICS INC
1,260,67
30065
COMMUNITY RELATIONS MUGS
100-30-310-53100-00000
1,260.67
215882
7/24/2017
12339 SAN GABRIEL VALLEY CITY MANAGERS' ASSOCIATION
60.00
6 21-17
WORKSHOP S YAUCHZEE
100-10-110-53350-00000
60.00
215883
1/24/2017
03797 VERIZON WIRELESS
844.24
9787940103A
SERV 5/21/17-6/21/17
251-50-560-53403-00000
844.24
215884
7/24/2017
13506 SUMMER ANAYA
337.42
ACH 07/20/2017
ACH RETURENED
100-00-000-10010-00000
337.42
215885
7/25/2017
07307 IRON MOUNTAIN
32173
NXJ4913
STORAGE
100-10-120-51101-00000
124.81
NXJ4914
STORAGE
100-10-120-51101-00000
30,99
NZWO885
STORAGE
100-10-120-51101-00000
13147
NZWO886
STORAGE
100-10-120-51101-00000
33,46
215886
7/25/2017
04107 OFFICE DEPOT INC
1,657.39
936270656001
OFFICE SUPPLIES
100-50-500-53100-00000
233.58
940045768001
OFFICE SUPPLIES
100-50-500-53100-00000
420.68
940047064001
OFFICE SUPPLIES
100-50-510-53100-00000
685.42
940048531001
OFFICE SUPPLIES
251-50-500-53100 00000
317.71
215887
7/25/2017
10872 SAN GABRIEL VALLEY EXAMINER
872.00
BPE01 5/18/17
PUBLIC PUBLICATION
245-50-580-58110-15547
440,00
BPE02
STREET PUBLICATION
242-50-551-58100-15625
432.00
215888
7/25/2017
00758 SAN GABRIEL VALLEY WATER
8,065.47
05/25-07/05/17
CITY PARKS
252-60-620-53402-00000
6,864.92
06/01-07/05/17
SPRINKLERS
251 50-560-53402-00000
699.64
06/05-07/06/17
CITY BUILDINGS
100-60-620-53402-00000
500,91
215889
7/25/2017
00779 SOUTHERN CALIFORNIA EDISON
4,321.24
06/09-07/11/17
PUBLIC BUILDINGS
100-60-620-53401-00000
4,08739
06/09-07/11/2017
STREET LIGHTS
251-50-530-53401-00000
51.08
06/12-07/12/17
STREET LIGHTS
251-50-530 53401-00000
82,04
06/12-07/12/2017
TRAFFIC SIGNALS
251-50-530-53401-00000
46.76
6/9-7/11/17
TRAFFIC SIGNALS
251-50-530-53401-00000
5157
215890
7/25/2017
08854 STAPLES ADVANTAGE
1,399.63
3340503290
MISC OFFICE SUPPLIES
501-60-000-22328-00000
469.28
3340503291
OFFICE SUPPLIES
501-60-000-22328 00000
930.35
21.5891
7/25/2017
00780 THE GAS COMPANY
3,463,29
05/22-06/23/17
PARK BUILDINGS
252-60-620 53400-00000
1,702.16
05/24-06/27/17
CITY BUILDINGS
100-60 620-53400-00000
1,761.13
21.5892
7/25/2017
00828 VALLEY COUNTY WATER DIST
8,415.80
05/25 -06 /28/17
SPRINKLERS
251-50-560-53402-00000
4,080.70
05/25-06/24/17
CITY PARKS
252-60-620-53402-00000
1,354.10
05/25-06/28/17
CITY BUILDINGS
252-60-620-53402-00000
2,151,97
05/26-06/28/17
TRANSIT CTR
100-60-620-53402-15882
829.03
CHECK REGISTER
Payment Dates: 07/21/2017 - 08/02/2017
Payment Date
Venclor#
Payment Amount
Payment Number
Payable Number
Description Vendor Name
Account Number
Item Amount
215893
7/26/2017
13508 2017 CAHN CONFERENCE
275.00
MCAVOY 9/17-22/1
REGIST-TODD MCAVOY 9/17-22/17
205-30-310-53200-00000
275.00
215894
7/26/2017
13508 2017 CAHN CONFERENCE
275.00
GALLEGO 9/17-22/1
REGIST-JAMES GALLEGOS 9/17-22/17
205-30-310-53200-00000
275.00
21.5895
7/26/2017
00195 CALIFORNIA PUBLIC EMPLOYEES'
122,642.57
P P4 15 BW 7/2-15/17
PPtf15BW PER 7/2-15/17 PAY: 7/20/17
100-00 000 21206-00000
46,118.05
PPH15BW 7/2-15/17
PP#15BW PPI$ 7/2 15/17 PAY: 7/20/17
100-00-000-21207-00000
198.09
PPH15BW 7/2-15/17
PP915BW PPh 7/2 15/17 PAY: 7/20/17
100-00-000-21256-00000
76,326.41
PPI115BW 7/2-15/17
PPH15BW PPH 7/2-15/17 PAY: 7/20/17
100-25-299-50210 00000
0.02
215896
7/26/2017
12703 JAMES GALLEGOS
352.00
CAHN CONE 9/17-2
PER DIEM-CAHN CONE 9/17-22/17
205-30-310-53200-00000
352.00
21.5897
7/26/2017
13061 JAMES IZZO
25.27
fto 11/27-29/17
FTO UPDATE COURSE 11/27/17-11/29/17
205-.30-310-53200-00000
25.27
21.5898
7/26/2017
11086 NORMAN GONZALEZ
2517
11/27-29/17 FTO
FTO UPDATE COURSE 11/27/17-11/29/17
205-30-310-53200-00000
25.27
215899
7/26/2017
01090 ORANGE CO SHERIFF'S DEPT
130.00
11/06-17/17 ACUN
REGIST NARCOTICS INVESTIGATION COURSE 11/6-17
205-30-310-53200-00000
130.00
215900
7/26/2017
01090 ORANGE CO SHERIFF'S DEPT
130.00
RODRIGUEZ 11/6-17
ALEXIS RODRIGUEZ NORCOTICS INVEST 11/6-17/17
205-30-310-53200-00000
130.00
215901
7/26/2017
01090 ORANGE CO SHERIFF'S DEPT
130.00
J SERRATO 11/6-17
REGIST J SERRATO
205-30-310 53200 00000
130.00
21.5902
7/26/2017
09702 OTONIEL GAMBOA
25,27
11/27-29/17 FTO
MILEAGE-FTO UPDATE COURSE 11/27-29/17
205-30-310-53200-00000
2527
215903
7/26/2017
12071 PHILLIP WIENER
42.12
9/11 15/17 FOT
MILEAGE FOT COURSE 9/11/17-9/15/17
205-30-310-53200-00000
4212
215904
7/26/2017
00738 RIO HONDO COMM. COLLEGE
30.00
GONZALEZ 11/27-29
FTO--NORMAN GONZALEZ 11/27-29/17
205-30-310-53200-00000
30.00
215905
7/26/2017
00738 RIO HONDO COMM. COLLEGE
30.00
IZZO 11/27-29/17
FTO-JAMES IZZO 11/27-29/17
205-30-.310-53200-00000
30.00
215906
7/26/2017
00738 RIO HONDO COMM. COLLEGE
30.00
WENER 9/11-15/17
FOT-PHILLIP WENER 9/11-15/17
205-30-310-53200-00000
30.00
21.5907
7/26/2017
00738 RIO HONDO COMM, COLLEGE
30,00
GAMBOA11/27-29/
FTO-ONONIEL GAMBOA 11/27-29/17
205-30-310 53200-00000
30,00
215908
7/26/2017
08049 TODD C MCAVOY
352.00
CAHN 9/17-22/17
PER DIEM-CAHN CONE 9/17-22/17
205-30-310-53200-00000
352.00
215909
7/27/2017
12844 ALMA TELLEZ
100.00
289957
REND DEPOSIT 06/25/17
501-60-000-22333-00000
100.00
215910
7/27/2017
13509 ANA B. AVALOS
500.00
287311
REND DEPOSIT 07/02/17
501-60-000 22333-00000
500.00
21.5911
7/27/2017
12218 ARACELI GONZALEZ
100.00
290122
REND DEPOSIT 7/01/2017
501-60-000-22333-00000
100.00
215912
7/27/2017
13433 CAROL CHAIREZ
150.00
291412
RFND RENTAL DPST 07/08/2017
50.1 60-000 22333-00000
150.00
215913
712712017
09928 ELIZABETH PEREIDA
300.00
288316
RFND RENTAL DPST 06/08/17
501-60 000 221'.33-00000
300.00
CHECK REGISTER
Payment Dates: 07/21/2017 - 08/02/2017
Payment Date
Venclor#
Payment Amount
Payment Number
Payable Number
Description Vendor Name
Account Number
Item Amount
215914
7/27/2017
13513 IRENE FELIX
150.00
285756
RFND DEPOSIT 07/15/17
501-60-000-22333-00000
150.00
215915
7/27/2017
13087 JACKELINE LUNA MORALES
500.00
271367
RFND DEPOSIT 07/15/2017
501-60-000-22333-00000
500.00
215916
7/27/2017
13515 JESSICA DEL CID
100.00
286820
RFND DEPOSIT 07/01/17
501 60-000-2.2.:333-00000
100.00
215911
7/27/2017
13516 JESSICA VEGA
100.00
286315
RFND DEPOSIT 07/15/17
501-60-000-22333-00000
100.00
2.15918
7/27/2017
13517 LISA MINOR
150.00
291990
RFND DEPOSIT 07/16/2017
501-60-000-22333-00000
150.00
215919
7/27/2017
13518 MARIAJUAREZ
100.00
291184
RFND DEPOSIT 07/16/17
501-60-000-22333-00000
100.00
215920
7/27/2017
13520 MARIA LUEVANO
500.00
279991
RFND DEPOSIT 07/01/2017
501-60-000-22333-00000
500.00
215921.
7/27/2017
13519 MONICA ALVARADO
500.00
273908,287545
RFND DEPOSIT 06/24/2017
501-60-000-22333-00000
500.00
2I5922
7/27/2017
13521 PATRICIA ARAUJO
100.00
286543
RFND DEPOSIT 6/24/2017
501-60-000-22333-00000
100.00
215923
7/27/2017
11377 RAYLENE RODRIGUEZ
100.00
284246
RFND DEPOSIT 07/15/2017
501-60-000-22333-00000
100.00
21.5924
7/27/2017
13522 RUDY BONILLA
400.00
283244/290492
RFND DEPOSIT
501-60-000-22333-00000
400.00
215925
7/27/2017
13523 SOBEIDA PUGA
100,00
288089
RFND DEPOSIT 07/02/17
501-60-000-22333-00000
100.00
21,!5926
7/27/2017
13524 SONIA LANDA
300.00
290048
RFND DEPOSIT 07/16/2017
501-60-000-22333-00000
300.00
215927
7/27/2017
13525 STEVE FLORES
40.00
291762/291969
RFND DPST FOR CANCELATION 07/28/17
501 60 000-2.2.333-00000
40.00
215928
7/27/2017
13526 TERESA RENTERIA
150.00
290488
RFND DEPOSIT 07/08/2017
501-60-000-2.2.333 00000
150.00
215929
7/27/2017
05427 AFLAC
1,94034
307222
JULY PREM ACCT4 V6629 PP414-15
100-00-000-21216-00000
1,94034
21'S931)
7/27/2017
00058 ALLSTATE WORKPLACE DIVISION
468.93
AH0717
MONTHLY PREM PP#14-15
100-00-000-21221-00000
37.14
AH0717
MONTHLY PREM PPI114-15
100-00-000-21221-00000
43139
215931
7/27/2017
05238 ANTHONY VAZQUEZ
300.00
BOOTS FY 17/18
REIMB BOOT ALLOWANCE FY 17/18
240-50-550-53100-15705
300.00
21.5932
7/27/2017
00109 BALDWIN PARK IVINGMT ASSOC.
30.00
BPPM 0717
JULY DUES PP#14-15
100-00-000-21218-00000
30.00
215933
7/27/2017
01226 BALDWIN PARK POLICE ASSOC
10,285.80
BPPA 0717
JULY DUES PPH14-15
100-00-000-21219-00000
2,013.02
BPPA 0717
JULY DUES PP#14-15
100-00-000-21219-00000
8,272.78
21".)934
7/27/2017
12021 C.L.E.A.
1,666.00
CLEA0717
JULY'17 PPH14-15
403 10 000 4'71.30-1,3404
1,666.00
CHECK REGISTER
Payment Dates: 07/21/2017 - 08/02/2017
Payment Amount
Item Amount
450.00
450.00
198,69917
130,535.53
70156
67,460.18
127.00
37.00
90.00
140.00
140.00
486.56
486.56
741.00
171.00
570.00
51.80
51.80
1,093.78
1,09178
10,473.35
1,606.50
8,866.85
1,979.25
1,979.25
420,54
294,38
126.16
4,279.46
296,60
3,98186
4,750,00
4,750.00
24,045.59
24,045.59
54.00
54.00
11,990,00
4,760.00
3,000.00
3,630.00
600.00
250.00
250.00
250.00
250.00
Payment Date
Vendor #4
Payment Number
Payable Number
Description Vendor Name
Account Number
215935
7/27/2017
11967 CAHA
414
DUES 2017-18SUZIE RUELAS
901-40-410-53330-14310
215936
7/27/2017
00195 CALIFORNIA PUBLIC EMPLOYEES'
AUG PP#14-15
AUG HEALTH PP#14-15 ID#15013727
100-00-000-21210-00000
AUG PPf114-15
AUG HEALTH PP#14-15 ID#15013727
100-25-299-50220-00000
AUG PP1114-15
AUG HEALTH PPH14-15 1131115013727
100-25-299-50223-00000
215937
7/27/2017
11329 CITY EMPLOYEES ASSOCIATES
CMEA 0717
JULY DUES PPI114-15
100-00-000-21226-00000
JLY DUES PPI114-15
JULY '17 DUES PPH14-15
100-00-000-21227-00000
215938
7/27/2017
00463 INTERNATIONAL INSTITUTE OF
24029 FY 17/18
KRITI RUSSEL MEMBERSHIP FY 17/18
100-10-120-53330-00000
215939
7/27/2017
11084 JORGE HUERTA
SLI 7/12-15/17
REIMB LODGING SLI 7/12-15/17
205-30-310-53200-00000
215940
7/27/2017
00708 P.T.E.A.
JLY'17 CLER DUES
JULY DUES PPJJ14-15
100-00-000-21224-00000
JULY DUES PP#14-1
JULY '17 DUES PPH14-15
100-00-000-21220-00000
215941
7/27/2017
10624 PRE -PAID LEGAL SERVICES, INC,
PPLS10717
JULY '17 PPH14-15 GROUP#134797
100-00-000-21230-00000
211.13942
7/27/2017
00760 S. E. 1. U. LOCAL 721
SEIU 0717
JULY DUES PP414-15Q
100-00-000-21220-00000
215943
7/27/2017
07327 STANDARD INSURANCE COMPANY
SLL/D0817
AUG PREM PP#14-15 A/CH006430140001
100-00-000-21254-00000
SLL/D0817
AUG PREM PP#14-15 A/Ctt006430140001
403-10-160-54130-00000
215944
7/27/2017
07327 STANDARD INSURANCE COMPANY
SLS0817
AUG PREM PP#14-15
100-00-000-21212-00000
215945
7/27/2017
08854 STAPLES ADVANTAGE
8045250687
ELECTION SUPPLIES
100-10-120-53100-11535
8045250687A
ELECTION SUPPLIES
100-10-120-53100-11535
215946
7/27/2017
03866 VISION SERVICE PLAN (CA)
INVHVSP0817
AUG PREM PP414-15 A/ClI001160610001
100-00-000-21210-00000
INVVVSP0817
AUG PREM PPft14-15 A/C11001160610001
100-00-000-21258-00000
215947
7/27/2017
10177 GUILLERMO GARCIA
CONCERT 07/27/20
CONCERT 7-27-17
230-60-610-51100-16144
215948
7/27/2017
01767 AAEINCORPORATED
22399
PROF SERV FOR PLAN CHECK SERVICES
100-40-450-51100-00000
215949
7/27/2017
13511 DAVID & BRENDA CASAS
77479
REND C&D PROG
246-00-000-22540-00000
21S950
7/27/2017
10863 EVAN BROOKS ASSOCIATES, INC
17001-9
DESIGN
254-50-510-51100-15045
17004-3
DESIGN
254-50-510-51100-15045
17004-4
DESGIN
254-50-510-51100-15045
17005-11
DESGIN
254-50-510-51100-15045
215951
7/27/2017
13512 HECTOR SERRANO
78974
RFND C&D FROG
246-00-000-22540-00000
215952
7/27/2017
13527 MARICAGUIRRE
76849
REND C&D
246-00-000-22540-00000
Payment Dates: 07/21/2017 - 08/02/2017
Payment Amount
Item Amount
450.00
450.00
198,69917
130,535.53
70156
67,460.18
127.00
37.00
90.00
140.00
140.00
486.56
486.56
741.00
171.00
570.00
51.80
51.80
1,093.78
1,09178
10,473.35
1,606.50
8,866.85
1,979.25
1,979.25
420,54
294,38
126.16
4,279.46
296,60
3,98186
4,750,00
4,750.00
24,045.59
24,045.59
54.00
54.00
11,990,00
4,760.00
3,000.00
3,630.00
600.00
250.00
250.00
250.00
250.00
CHECK REGISTER
Payment Dates: 07/21/2017 - 08/02/2017
Payment Date
Vendor
Payment Amount
Payment Number
Payable Number
Description Vendor Name
Account Number
Item Amount
215953
7/27/2017
13528 PHATTON
250.00
77421
RFND C&D 3712 WILLOW AVE
246-00-000-22540-00000
250.00
215954
8/1/2017
13492 GEORGE A NAGLE
4,000.00
08/3/17
CONCERT 8-3-17
230-60-610-51100-16144
4,000.00
215955
8/1/2017
13426 OSCAR REYES
13,200.00
241
REHABILITATION HOME LOAN
221-40-420-53388-14965
13,200.00
215956
8/1/2017
03748 WASTE MANAGEMENT OF
224.82
9984431-2519-5
TRASH SERVICE FOR MCNEILL MANOR PUBLIC HOUS
905-40-410-53405-14305
224.82
2159S7
8/1/2017
02973 CALIFORNIA POLICE CHIEFS
145.00
7189
MEMBERHIP RENEWAL
100-30-300-53330-00000
145.00
215958
8/1/2017
02705 DELTA DENTAL INSURANCE COMPANY
1,141.36
DC0817
AUG '17 PPH14-15
100-00-000-21211-00000
937,58
DC0817
AUG '17 PPH14 15
100-00-000-21253-00000
203.78
215959
8/1/2017
02707 DELTA DENTAL OF CALIFORNIA
8,39519
DD0817
AUG 2017
100-00-000-21211-00000
7,569.47
DD0817
AUG 2017
100-00-000-21253-00000
825.72
215960
8/1/2017
01228 HDL, COREN & CONE
2,635.77
24114
JLY-SEPT'17 PROPERTY TAX
100-25-299-51100-00000
2,635.77
215961
8/1/2017
13061 JAMES IZZO
489.00
10/16-26/17
MILEAGE -ADV TRAFF COLLISION INVEST
271-30-350-53200-17233
489.00
215962
8/1/2017
13117 JOANNA ESPINOSA
37.22
07/20/17
INTERVIEW PANEL BREAKFAST
100-10-150-53350-00000
37.22
215963
8/1/2017
02793 LACPCA
200.00
9/14/17-9/15/17
WORKSHOP 9/14-15/17 M TAYLOR
100-30-300-53350 00000
200.00
21.5964
8/1/2017
01262 SAN BERNARDINO CO SHERIFF'S
DEPT
421.00
JIZZO 10/16-26/17
JIZZO 10/16-26/17
271-30-350-53200-17233
421.00
21.5965
8/1/2017
01262 SAN BERNARDINO CO SHERIFF'S
DEPT
12100
8/14-.17/17 E PARRA SKIDMARK ANALYSIS 8/14-17/17
271-30-350-53200-17233
123.00
215966
8/2/2017
01976 ABU-LASHIN MOBIL SERVICE
288.43
02/19/17
FUEL
402-50.591-53110-16140
25.00
03/05/17
FUEL
402-50-591-53110-16140
30.00
06/30/17
FUEL
402-50-591-53110-16140
91.14
1209132
FUEL
402-50-591-53110-16140
50.05
7207535
FUEL
402-50-591-53110-16140
40.20
9207085
FUEL
402-50-591-53110-16140
52,04
215967
8/2/2017
13052 ACCESS CONTROL SECURITY INC.
1,306.25
0026399
SECURITY SERVICES
501-60-000-22328-00000
831.25
0026400
SECURITY SERVICES
501-60-000-22328-00000
150.00
0026503
SECURITY SERVICES
501-60-000-22328-00000
150.00
0026594
SECURITY SERVICES
501-60-000-22328-00000
175.00
215968
8/2/2017
08776 ADMIN SURE INC.
6,174,00
10167
GNRL & AUTO LIABILITY
403-10-160-54110-00000
6,174.00
21.5969
8/2/2017
00042 AIRGAS WEST
34.30
9946278060
RENT LARGE HELIUM
100-60-630-53100-00000
3430
215970
8/2/2017
11917 APECC CCTV
300.00
212729
REPLACEMENT PARTS & LABOR
501-60-000-22328-00000
300.00
Grand Total $479,922.45
Payment Date: 07/21/2017 - 08/02/2017
CHECK REGISTER
Payment Dqte
Vendor#
Payment Amount
Payment Number
Payable Number
Description Vendor Name
Account Number
Item Amount
215971
8/2/2017
08781 ARAMARK UNIFORM SERVICES
194.00
532486765
UNIFORM
252-60 620-511.01-00000
38,80
532503 79.1.
UNIFORM
252-60..620-51109, 00000
38,80
532520786
UNIFORM
2..52-60-620-5110100000
38.80
532537896
UNIFORM
252-60-620-51101-00000
3890
532554893
UNIFORM
252-60-620-51.1,01-00000
38.80
215972
8/2/2017
08788 DEPARHVIENTOFJUSTICE
405,00
241.634
FINGERPRINTING SERVICES
403 10-1.60-53200-00000
405.00
215973
8/2/201.7
07307 IRON MOUNTAIN
13.66
NZWO887
STORAGE
100...10..1..50-51101..00000
1.166
21.5974
8/2/201.7
04560 IRWINDALE INDUSTRIAL CLINIC
1,33500
1890 735965
PHYSICAL EXAMS
403....10.-160-53200..00000
1,33500
21.597S
8/2/2017
13530 NATIONAL. BUSINESS FURNITURE
43,5.91
04483630 OF: M
TABLE DESK
403 1.0-1,60 511.00-1110.1
435.91
21.5976
8/2/20 17
13004 RIGHT OF WAY INC
224 23
26070
cus rom SIGNS VIETROLINK
2.°:54-50-5k3 1-53 100- 15539
224.23
215977
8/2/2017
13359 SOFIA LIZARRAGA
606.4°:'
145070/11-1155
CLASSIC BALLET
501-60-000..2.2.328..00000
606.45
215978
8/2/2017
02585 THE SHREDDERS
98,50
276774
CERTIFIED DOCUMENT
100-10 150-53370-00000
98.50
21.5979
8/2/2017
00828 VALLEY COUNTY WATER DIST
14034
05/25...06/24/201.7
MCNEIL MANOR
905-40 410-53402-14305
140'.'1'4
215980
8/2/201.7
00953 KNOTT'S rHEME PARK
1,120 00
08/03/201.7
ADMISSION FICKETS, 35/EA
5101.-60-000.22329-00000
1,120 00
215981
8/2/201.7
08882 TIME WARNER CABLE
526,17
07/26 08/25/2017
CABLE LINE BETWEEN POLICE AND LA SHERIFF'S DEP
100 30 310 5340100000
526,17
Grand Total $479,922.45
ITEM NO.
STAFF REPORT
y
TO:
Honorable Mayor and City Councilmembers
,H cBor
'Tp h �" ',
FROM:
Rose Tam, Director of Finance
pi�
U
sA 48RIEL ,
DATE:
August 16, 2017
rtU
i Lr. �
SUBJECT:
TREASURER'S REPORT — JUNE 2017
SUMMARY
Attached is the Treasurer's Report for the month of June 2017. The Treasurer's Report lists all cash
for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the
Successor Agency to the Community Development Commission (CDC). All investments are in
compliance with the City's Investment Policy and the California Government Code.
FISCAL IMPACT
None
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that Council receive and file the Treasurer's Report for June 2017.
BACKGROUND
The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City
Council on a monthly basis.
CITY OF BALDWIN PARK
TREASURER'S REPORT
6/30/2017
.........
ESTIMATED
INVESTMENT
INTEREST
PURCHASE
MATURITY
PAR
CURRENT
BOOK
M
DESCRIPTION
TDATE
DATE
mm VALUE
PRIAL
VALUE
VAARLKUEET
�. �.
State of California Local
Agency Investment Fund
City
0.98%
Varies
Varies
$ 15,322,098.18 $
15,322,098.18 $
15,322,098.18
$ 15,322,098.18
Housing Authority
0.98%
Varies
Varies
13,196.50
13,196.50
13,196.50
13,196.50
15,335,294.68
15,335,294.68
15,335,294.68
15,335,294.68
Certificate of Deposit
Capital One Bank USA NATL ASSN
1.15%
9/14/2016
9/14/2018
245,000.00
245,000.00
245,000.00
243,608.40
Wells Fargo Bank NA SIOUX Falls
1.15%
9/14/2016
9/14/2018
245,000.00
245,000.00
245,000.00
243,640.25
JP Morgan Chase Bank NA Columbus
1.15%
9/16/2016
911612018
245,000.00
245,000.00
245,000.00
243,625.55
Ally Bank Midvale CTF DEP ACT/365
1.15%
9/1712016
9/17/2018
245,000.00
245,000.00
245,000.00
243,591.25
American Express Centurion
1.59%
4112/2017
4112/2019
250,000.00
250,000.00
250,000.00
250,180.00
EverbankJacksonville
1.55%
4/1612017
4/16/2017
250,000.00
250,000.00
250,000.00
249,947.50
1,480,000.00
1,480,000.00
1,480,000.00
1,474,592.95
Fiscal Agent Funds - City
Varies
Varies
Varies
686,432.53
686,432.53
686,432.53
686,432.53
Fiscal Agent Funds - Successor Agency
Varies
Varies
Varies
4,208,168.68
4,208,168.68
4,208,168.68
4,208,168.68
$ 21,709,895.89 5 .:..
, 21 700 806 89
4,894,601.21 $
21,704,488.84
Total Investments
$
21,709,895.89
Cash
City Checking
2,748,150.50
Money Market Plus
15,050,533.42
City Miscellaneous Cash
52,163.64
Successor Agency
2,458,214.12
Housing Authority
94,271.15
Financing Authority
0.00
Investment Brokerage
5,046.50
Total Cash
20,408,379.33
Total Cash and Investments
E
42,118,275.22
Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report.
There was no investment maturity/purchase transaction made for the month of June 2017 and several deposits/withdrawals were
made with the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all investments are in compliance to the City's Statement of Investment Policy.
Approved by:
Rose Tam
Director of Finance
STAFF R
HUFF CSF,
C THE
SAN,GABRIEL
�(�6VA L L rY,
TO:
ITEM NO.
Honorable Mayor and City Councilmembers
F
FROM: Andrea Cutler, Interim Human Resources & Risk ManagerA
DATE: August 16, 2017
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):
Cholico, Stephanie Claimant alleges property damage from a tree located on
15120 Chetney Drive in Baldwin Park.
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. 4A
BALDWIN PARK HOUSING AUTHORITY
JULY 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 Chair Lozano at 9:11 p.m,
ROLL CALL
Board Members resent:
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 9:11 p.m. and seeing no one wishing to
speak, Public Communications closed at 9:11 p.m.
CONSENT CALENDAR
1. TREASURER'S REPORT — APRIL AND MAY 2017
Staff recommends that Council receive and file the Treasurer's Repoit.
A motion was made by Lozano, seconded by Pacheco, and carried (5 —
0) to receive and file the Treasurer's Report.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
2. FORMATION OF BALDWIN PARK MUNICIPAL FINANCING
AUTHORITY
Staff recommends that the Board of Directors adopt the Resolution No.
HA 2017-013, entitled "Resolution Of The Baldwin Park Housing Authority
Authorizing The Execution And Delivery Of A Joint Exercise Of Powers
Agreement By And Between The City Of Baldwin Park And The Baldwin
Park Housing Authority To Create The Baldwin Park Municipal Financing
Authority And Approving And Authorizing Certain Other Matters Relating
Thereto," authorizing the Chairman to execute a Joint Exercise of Powers
Agreement between the City and the Housing Authority, forming the
Baldwin Park Municipal Financing Authority
A motion was made by Lozano, seconded by Pacheco, and carried (5 —
0) to receive and file the Treasurer's Report.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Lozano, seconded by Baca, to adjourn the meeting at 9:12 p.m.
Chair
ATTEST:
Secretary
APPROVED:
MINUTES
BALDWIN PARK FINANCE AUTHORITY
JULY 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 Lozano at 9:09 p.m,.
ROLL CALL
Board_ 111iimbrspresnt:
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 9:09 p.m. and seeing no one wishing to
speak, Public Communications closed at 9:09 p.m.
CONSENT CALENDAR
1. TREASURER'S REPORT: APRIL AND MAY 2017
Staff recommends that the Board receive and file the April and May 2017
Treasurer's Reports.
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.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 9:10
p.m.
Chair
ATTEST:
Secretary
APPROVED:.
STAFF ,. PORT
tiHeoF
"` FROM:
kj
o iEL,;
DATE:
SUMMARY
ITEM NO.
The Honorable Mayor and Members of the City Council
Maria Contreras, City Treasurer
Rose Tam, Director of Finance �a
August 16, 2017
SUBJECT: APPROVAL OF ANNUAL STATEMENT OF
INVESTMENT POLICY FOR FISCAL YEAR 2017-18
The City is required by the California Government Code to submit annually an Investment
Policy for the current fiscal year. Attached is the Investment Policy for Fiscal Year 2017-18.
This is in accordance with the State Treasurer Investment Policy Guidelines for 2016.
FISCAL IMPACT
None
RECOMMENDATION
That the City Council receive and file the attached Statement of Investment Policy for Fiscal
Year 2017-18.
LEGAL REVIEW
None required
BACKGROUND
The State of California Government Code requires each local entity adopt an annual Statement of
Investment Policy. California Government Code Section 53600 et seq. allows a local agency
having cash that is not required for the immediate use of the agency, to invest such portion of the
money as it deems wise or expedient in certain types of investments. As reported in the monthly
Treasurer's Report, the City of Baldwin Park has investments with the State Local Agency
Investment Fund (LAIF). With the current investment situation, rates are very low, so LAIF
provides the most security and liquidity without any real loss of interest.
Statement of Investment Policy Staff Report
Page 2
The Statement of Investment Policy is reviewed annually to include any new guidelines or
legislation concerning the investing of City funds. The City's cash management system is
designed to forecast immediate cash requirements and invest surplus monies to the fullest extent
while still considering safety and liquidity.
Staff makes investment decisions with care, skill, prudence and diligence under the current
prevailing circumstances. It acts in accordance under the prevailing prudent person rule of a
person in like capacity (Civil Code Section 2261, et seq) and will also only make those
investments allowable under State of California Government Code Section 53600 et seq and the
City -adopted Statement of Investment Policy. The City's Investment Policy is in compliance
with the Government Code. The criteria for selecting investments in their order of priority are
(1) safety, (2) liquidity, and (3) yield.
ALTERNATIVE
None. Current State Law mandates the City Council to review and adopt a Statement of
Investment Policy annually.
ATTACHMENT
Statement of Investment Policy for the fiscal year 2017-18.
CITY OF BALDWIN PARK
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2017-2018
A. PURPOSE
The Investment Policy establishes guidelines for the investment of the City's surplus cash that is
not required to meet the daily cash obligations of the City. The Investment Policy outlines the
investment objectives and the allowable investments in accordance with applicable laws of the
State of California.
B. SCOPE
1. The Investment Policy applies to all financial assets of the City as included in the
Comprehensive Annual Financial Report.
2. The Investment Policy applies to activities of the City with regard to investing surplus cash
of all funds, including:
a. General Fund
b. Housing Authority
c. Successor Agency
d. Financing Authority
e. Special Revenue Funds
f. Internal Service Funds
g. Trust & Agency Funds
C. DELEGATION OF AUTHORITY
The City Council has appointed the City's elected Treasurer to be responsible for surplus cash
management and investment decisions and transactions. Daily cash management responsibility
has been delegated to the City's Department of Finance. The Finance Director and the
Accounting Manager shall ensure compliance with the City's investment policy. All investment
transactions will be approved by either the City Treasurer or the Finance Director.
D. OBJECTIVES
The primary objectives, in order of priority, of the City of Baldwin Park's investment activities
are safety, liquidity and yield. The criteria for each are discussed below.
1. SAFETY: The safety and risk associated with an investment, refers to the potential loss of
principal or interest or a combination of these two amounts. Safety of principal is the
primary objective and only those investments considered to be very safe will be utilized by
the City of Baldwin Park. The City shall seek to ensure that capital losses resulting from
securities default or the erosion of market value are avoided.
Page 1
City of Baldwin Park
Statement of Investment Policy
Fiscal Year 2017-2018
2. L QTY: This refers to the ability to "cash in" at any moment in time with minimal
chance of losing a portion of the principal or interest. Liquidity shall remain sufficient to
enable the City of Baldwin Park to meet anticipated operating needs and hold any
investments to maturity.
3. YIELD: Yield is the potential dollar earnings an investment can provide; this is also described
as the rate of return or "interest". The City's investment portfolio shall be managed to
obtain market rates of interest while preserving and protecting capital in the overall
portfolio.
E. ETHICS AND CONFLICTS OF INTEREST
Officials and employees involved in the investment process shall refrain from all personal
business activity that could conflict with the management of the investment program, or
impairs their ability to make impartial investment decisions. All individuals involved shall
disclose all gifts and income in accordance with California State Law.
F. STRATEGIES
1. The City shall maintain a cash management system which accurately monitors and forecasts
revenues and expenditures enabling the City to invest surplus cash to the fullest extent
possible.
2. The City shall apply the prudent investor standard in the context of managing the overall
portfolio. When making investment decisions, the City shall act with care, skill, prudence
and diligence under circumstances then prevailing, including but not limited to, the general
economic conditions and the anticipated needs of the City. The City would use the standard
that a prudent person acting in a like capacity and familiarity with those matter would use
in the conduct of funds of like character and with like aims, to safeguard the principal while
maintaining the appropriate liquidity.
3. The City shall manage the investment portfolio with a buy -and -hold strategy rather than
seek optional returns through such techniques as swaps. The buy -and -hold strategy
ensures the return of all invested principal monies. The latter approach would require an
allocation of resources, the cost of which may be greater than the benefit realized.
G. INVESTMENT PORTFOLIO
1. The City is authorized to invest in certain types of securities in accordance with California
Government Code Section 53601 et. seq. and 53635 et. seq. Authorized investments shall
also include investments with the Local Agency Investment Fund (LAIF) in accordance with
the California Government Code Section 16429.1. The City has further limited the types of
securities in which the City may invest. Only those securities listed in the Investment Policy
are authorized investments. The following are authorized investments for the City:
Page 2
City of Baldwin Park
Statement of Investment Policy
Fiscal Year 2017-2018
........ ........
Per
- ............ _...........
Government
"I'............................................ ..... ---
Code Section 53601
—
______________�
.
Maximum
..
Allowable
Maximum
Maximum
Minimum
Investment
Allowable
Investment
Quality
Authorized Investment Type
........................�.�.�...........y,.m..mm--.__—
Percentage
Maturity
in One Issuer
Requirements
....
USTreasury Obligations
None
5 Years
None'
None
(unlimited)
US Agency Obligations
None
5 Years
None'
None
(unlimited)
........ _
_... _ .......
............ .... .._....
Negotiable Certificates of Deposit (CDs)
w.......
30%
5 Years
..n................ ..........
$250,000
...... . ...... .......
None
........mm.....m ..-- - —
Non-negotiable Certificates of Deposit
None
......m ,,- - __.
5 Years
___ .. _ ..... „ 1111 .
$250,000bNone
............ ................--
(unlimited)
�.
,...
m.m3.0 � .,.......
� 1111 -�
BankI'ller's Acceptance
40_%..
1.80..days
0%
None
_
Repurchase_A _reements - 1111
Agreements
None
e
..........._.
1 Year
.............
None'
.......
None
.....m ................ _ ____ ...... ._..
(unlimited)
� ..
_._.
Mutual Funds and Money Market Mutual
Highest
Fun..........
_______
I.
___
Commercial Paper—Pooled Funds40%
270 days
10%
.............
1.111........... "
"A" Rating
Commercial Paper— Non Pooled Funds
25/
1111
o
rA_'Rating ng
Agency Investment Fund LAIF
None
None (on
$40,0000000
Non
...._.__............
(unlimited)
demand)
.Local
.........
........-
a fully securedby Federal Government
b per limit set by Federal Deposit Insurance Corporation
2. Money market mutual funds managed for or by the trustees, paying agents and custodian
banks contracted by the City may be purchased as allowed under the California Government
Code. Only funds holding U.S. Treasury or Agency obligations can be utilized.
3. No investment shall be made in any security underlying a repurchase agreement, other than
a security with a term remaining to maturity in excess of five years.
4. No investment shall be made in any security that could result in zero interest accrual if held
to maturity. These include inverse floaters, range notes, or mortgage derived interest -only
strips.
H. SAFEKEEPING AND COLLATERALIZATION
Securities purchased from a broker or dealer shall be held in third party safekeeping by the
trust department of the City's bank or other designated third party trust, in the City's name and
control. All securities will be received and delivered using standard delivery -versus -payment
procedure. Deposit -type securities (i.e. certificates of deposit) shall be collateralized in
accordance with the State of California Government Code.
Page 3
City of Baldwin Park
Statement of Investment Policy
Fiscal Year 2017-2018
I. REPORTING REQUIREMENTS
The City Council will be provided a monthly Treasurer's Report approximately 45 days following
the end of the month. Data for investments will include: purchase and maturity dates, par
values, current principal, premium or discount, interest rate, description, book value, and
market value. Cash in the bank will be reported by entity at the amount on the monthly bank
statements.
J. INVESTMENT POLICY
The City Council will be provided an annual Statement of Investment Policy for their approval
during the first quarter of the fiscal year.
K. QUALIFIED BROKER/DEALERS
The City shall only conduct investment transactions with banks, savings and loans or with
licensed broker/dealers.
L. INVESTMENT EARNINGS
Investment earnings from authorized investments are allocated quarterly to various funds
based on their month end balances of the pooled portfolio.
Page 4
ITEM NO.
STAFF REPORT
"14; TO: Honorable Mayor and Members of the City Council
HUOF
THE; FROM: Sam Gutierrez, Interim Director of Public Works
SAN GABRIEL DATE: August 16, 2017
VALLEY'"
�P SUBJECT: APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR DESIGN ENGINEERING AND
PROJECT MANAGEMENT FOR A COMPRESSED NATURAL GAS
(CNG) REFUELING STATION TO BE LOCATED AT BADILLO
STREET AND RAMONA BOULEVARD
SUMMARY
This report seeks City Council consideration for the approval of an Amendment to the Professional
Services Agreement with Evan Brooks Associates, Inc. (EBA), for design engineering, project
coordination and project management of the joint agency compressed natural gas (CNG) refueling
facility to be located at Ramona Boulevard and Badillo Street. This approval will include a not -to -
exceed cost of $78,225. The cost is covered under the Southern California Air Quality Management
District (SCAQMD) Grant, County shared funding, and the City's Proposition C Transportation
funding sources.
FISCAL IMPACT
The approval of this action will have no impact on the City's General Fund. This project is included in
the 5 -Year Capital Improvement Program (CIP), which was approved by the City Council on
September 7, 2016 and August 2, 2017. The following table lists the available funding sources:
RECOMMENDATION
Staff recommends that Council approve the Amendment to the Professional Services Agreement with
Evan Brooks and Associates, Inc., for System Engineering, Project Coordination and Management, in
an amount not -to -exceed $78,225.00; and authorize the Mayor to execute the Amendment
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
Amendment to Evan Brooks Assoc. — CNG Station
August 16, 2017
Page 2
BACKGROUND
In 2013, the California Environmental Protection Agency identified Baldwin Park as one the cities with
the highest polluted air in the state. In an effort to improve air quality in the region, the SCAQMD
established a grant program to fund solutions to reducing air pollution from motor vehicles through its
Mobile Source Air Pollution Reduction Review Committee (MSRC) grant funding program. Both the
City and County agree with SCAQMD that the establishment of a CNG refueling station within this
regional will help to improve the environmental, economic and social well-being of its surrounding and
adjacent communities while maximizing and leveraging resources.
On February 14, 2014, the City was awarded a grant of $400,000 from SCAQMD/MSRC under its
Local Government Match Program to construct a CNG refueling station on the City -owned property
near the intersection of Ramona Boulevard and Badillo Street, adjacent to the County of Los Angeles
Public Works Maintenance Facility.
On October 15, 2014, the City Council approved a cost sharing agreement with the County to
contribute an equal share of $400,000 toward the construction of a refueling station and to supply the
County with compressed natural gas for its maintenance vehicles.
On April 6, 2016, the Council approved an agreement with Evan Brooks and Associates (EBA, Inc.) for
the coordination and design of the CNG Station for $37,320. This task order was originally designated
for work to be completed with respect to preliminary design for the type of unit that was needed, given
the initial needs assessment, as well as general coordination efforts with MSRC, the County, and the
City.
On November 2, 2016, City staff provided the City Council with updates and progress reports on the
CNG refueling station, the County cost sharing agreement and SCAQMD grant funding. At this
meeting, City staff introduced an innovated self-contained and transportable CNG refueling unit that is
compact and highly efficient in supplying natural gas to both heavy duty and privately owned vehicles.
Both the City and County maintain their support for the construction of the refueling station with the
County having approved the cost sharing agreement in February 2017.
On February 7, 2017, the County approved the contribution of $400,000 toward the construction of the
new CNG refueling station with the expectation to equally share in the use of compressed natural gas
for its maintenance vehicles. This agreement calls for the County and the City to share the cost of
construction on a dollar -per -dollar basis for any amount in excess of the awarded $400,000 MSRC
Grant, up to a total of $1,200,000. The CNG refueling station will include two fast fill dispensers for
both City and County vehicles as well as a `for fee' pricing for the general public. A separately
metered slow fill natural line will also be installed into the County facility for the overnight fueling of
their County vehicles.
1 .Y��•X� U7►1
On March 1, 2017, the City Council authorized the purchase of Galileo Technologies Micro Box
Refueling Station Compression System (CNG) Unit and Storage System, to be located at Badillo Street
and Ramona Boulevard. At that meeting, the City Council concurred with staff's recommendation to
approve the purchase of the system, including the addition of a heavy-duty dispenser unit for fast fill of
large trucks and transit vehicles, pre and post -systems testing, inspections and certification. This was
in an amount not to exceed $594,868.00, and was covered under the AQMD/MSRC funding that was
awarded to the City. Finally, City Council instructed staff to proceed with the development and
Amendment to Evan Brooks Assoc. — CNG Station
August 16, 2017
Page 3
submittal of the purchase order, thereby beginning the move forward with the manufacture and delivery
of the system in a timely manner.
As further background on this project, the initial work that was completed towards development of the
CNG fueling station included Tasks 1 — 5, for $14,940. This work specifically included the project
kick-off and initial meetings and letters of interest with MSRC and the County; project development;
cost sharing agreement developments; and initial work with Clean Fuel and Galileo as well as initial
gas company discussions/site review/etc. The analysis included development of a needs assessment,
given likely City and County uses and capacity at the proposed station. This work was completed in
late 2015 and early 2016.
The agreement with EBA approved on April 6, 2016 was originally designated for work to be
completed with respect to preliminary design for the type of unit that was needed, given the initial
needs assessment, as well as general coordination efforts with MSRC, the County, and the City. The
consultant team provided approximately $7,440 worth of engineering work through this phase, which
did not include systems engineering for the project site - rather, it included engineering for the
specifications as well as cost development for the unit that was to be purchased, also known as
preliminary design. As per direction from City staff and because of the limited nature of the existing
task order, work outside of the written tasks has been completed. This work includes a significant
amount of project management and coordination of resources and efforts, including ordering of the
unit, developing strategies, attending meetings and developing material for Council consideration.
To date, approximately $11,000 of the contract funding Tasks 6 — 13 is remaining, and will continue to
be applied to tasks as they are completed. This will primarily address final efforts and coordination
with the County and MSRC, however, there continues to be needed efforts that must be completed prior
to the delivery and installation of the CNG unit. This includes continued project management to keep
the project moving forward and on task, attendance and assistance with Council and staff meetings,
coordination between Galileo and the production schedule of the unit, research and discussion with
MSRC and the County, and coordination with Southern California Gas and Southern California Edison.
These are all tasks which are outside of, in addition to, or beyond the original task order.
It should be noted that there are no specific assignments related to project management and the
necessary site and continued systems engineering for integration of the unit into the site. Further, there
are no funds related to outreach to the community specific to the installation of the unit. As such, staff
is recommending this Amendment to the Agreement with EBA, which will include $29,000 for the
Systems Design Engineering and $45,000 for the Project Coordination/Management, as well as a 5%
contingency, for a total of $78,225.
As the project scope has developed and changed, so has the timeline for the project. EBA has worked
alongside City staff with the various changes request by the City, assisted with required reviews, and
worked with AQMD and MSRC to ensure funding for the City's project did not lapse. EBA not only
has a significant background in the development of the project scope, but also has significant insight
into the City, given its keen ability to develop and secure over $16 million in grant funding for the
City. Further, with the transition in the Public Works Department, EBA has stepped up to support the
Department with this project, allowing staff to focus their efforts on other significant project
undertakings.
Amendment to Evan Brooks Assoc. — CNG Station
August 16, 2017
Page 4
1. City Council may choose not to approve the Amendment and ask staff to circulate an RFP for
these services. However, this action will delay the delivery and installation of the CNG unit which
may impact the AQMD/MSRC Grant requirements.
2. City Council may choose to approve the Systems Engineering task at this time and ask staff to
bring back the remaining tasks for consideration when the Systems Engineering task is complete
and the project is ready for Notice to Bid.
To achieve the project timeline, and in conjunction with the current project management process, staff
recommends approving this Amendment, so as to prevent any further delays, while achieving the City
Council's goal of providing this service to the community -at -large, as well as for City vehicles, transit
buses and the upcoming purchase of new trolley buses.
ATTAR HMEN"I'S
1. April 6, 2016 City Council Report "
2. LA County Cooperative Agreement
3. Evan Brooks and Associates Consultant Services Agreement
4. Amendment to the Consulting Services Agreement
Attachment #
AGREEMENT FOR SERVICES
This Agreement is entered into this 6th day of April, 2016 by and between the City of
Baldwin Park ("CITY") and E LN@4ps lrgq] Aggocia[ ("SERVICE PROVIDER").
RECITALS
A. CITY has determined that it requires the following professional services from a
SERVICE PROVIDER: CNG Station Protect Coordination and Dodi m
B. SERVICE PROVIDER 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. SERVICE PROVIDER further represents that it is willing to accept
responsibility for performing such services in accordance with the terms and conditions of this
Agreement.
NOW THEREFORE, in consideration of mutual covenants and conditions herein
contained, CITY and SERVICE PROVIDER agree as follows:
1. DEFINITIONS
A. "Scope of Services": Such professional services as are set forth in Exhibit A
attached hereto 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 B and incorporated herein by this reference.
C. "Commencement Date": April 1
D. "Expiration Date":aril 201
2. SERVICE PROVIDER'S SERVICES
A. eco e of Services. Subject to the terms and conditions set forth in this
Agreement, SERVICE PROVIDER 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. Time for Performance. SERVICE PROVIDER 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. Standard - f P'erfonnarice. SERVICE PROVIDER shall perform all work to the
highest professional standards and in a manner reasonably satisfactory to CITY. SERVICE
PROVIDER shall comply with all applicable federal, state and local laws, ordinances, codes and
regulations.
3. REPRESENTATIVES
A.flity Rjna cscantatiye. For the purposes of t1ds Agreement, the contract
administrator and CFrY's representative shall be the
BngLljAr, (hereinafter the "City Representative"). it shall be SERVICE PROVIDERs
responsibility to assure that the City Representative is kept inforined, of (lic progress of the
peiformance of the services, and SERVICE PROVIDER shall refer any decisions which inust be
made by Cl'FY to the City Representative. Unless otherwise specified herein, any approval of
CITY required hereunder shall mean the approval of the City Representative.
B.VIQ, PROVILDQ�L�'R,...Re)�resnt,ative. For the purposes of this Agreement,
J�mqnd_&_Ak ansa is hereby designated as the principal and representative of SERVIC)".
PROVIDER 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 SERVICE PROVIDER without the prior written approval of CITY.
4. SERVICE PROVIDER'S PERSONNEL
A. SERVICE PROVIDER 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 SERVICE PROVIDER 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. SERVICE PROVIDER 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.
C. 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 SERVICE PROVIDER to
perform, services pursuant tan this Agreement, SERVICE PROVIDER shall remove any such
person immediately upon receiving notice from CITY of the desire of CITY for the removal of
such person or persons.
D. SERVICE PROVIDER shall be responsible for payment of all employees' and
subSERVICE PROVIDERs" wages and benefits and shall comply with all requi-Tements
pertaining to employer's liability, workers' compensation, unemployment insurance, and Social
Security.
E. Permits and Licenses'. SERVICE PROVIDER 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.
2
�
5. FACILITIES AND EQUIPMENT
i
Except as otherwise authorized by CITY in writing, SERVICE PROVIDER shall, at its
sole cost and expense, furnish all facilities and equipment which may be required for furnishing
services pursuant to this Agreement. f
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 18 herein.
7. COMPENSATION
A. CITY agrees to compensate SERVICE PROVIDER for the services provided
under this Agreement, and SERVICE PROVIDER agrees to accept in full satisfaction for such
services, a sum not to exceed hi
j1y ,,even thousaapd tgee hp iL ed l° t+ ri dojla , ($37,320).
payable as earned during the Project in accordance with Exhibit B. The compensation payable
hereunder includes all professional services. Payments shall be made in accordance with Section
8 herein. CITY shall not withhold applicable federal or state payroll or any other required taxes,
or other authorized deductions from each payment made to SERVICE PROVIDER. No claims
for compensation in excess of the not -to -exceed amount for the Project as shown in Exhibit B
will be allowed unless such additional compensation is authorized by CITY in writing. All
requests for compensation in excess of the not -to -exceed amount must be submitted to and
approved by the City Representative.
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 ditional Services. No claims for additional services performed by SERVICE
PROVIDER which are beyond the scope set forth in Exhibit A 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 SERVICE PROVIDER's Approved Fee Schedule (Exhibit B). Fees for such additional
services shall be paid within thirty (30) days of the date SERVICE PROVIDER issues an invoice
to CITY for such services.
S. METHOD OF PAYMENT
SERVICE PROVIDER 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 billing period and the amount due. Such itemizations 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 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 SERVICE PROVIDER 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.
9. OWNERSHIP OF WORK PRODUCT
All reports, documents or other written material ("written products") developed by
SERVICE PROVIDER 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. SERVICE
PROVIDER may take and retains such copies of the written products as desired, but no such
written products shall be the subject of a copyright application by SERVICE PROVIDER.
10. TRAVEL REIMBURSEMENT
Travel required by SERVICE PROVIDER or any subSERVICE PROVIDER or
subcontractor pursuant to this Agreement shall not be a reimbursable expense.
11. INDEPENDENT CONTRACTOR
SERVICE PROVIDER will act hereunder as an independent contractor. This Agreement
shall not and is not intended to constitute SERVICE PROVIDER 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 SERVICE PROVIDER.
12. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by
SERVICE PROVIDER or provided for performance of this Agreement are deemed confidential
and shall not be disclosed by SERVICE PROVIDER 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 termination of
this Agreement. SERVICE PROVIDER's covenant under this Section shall survive the
termination of this Agreement.
13. CONFLICTS OF INTEREST
SERVICE PROVIDER 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
SERVICE PROVIDER in connection with this project. SERVICE PROVIDER 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. SERVICE PROVIDER agrees that a clause substantially similar to this Section shall be
incorporated into any sub -contract that SERVICE PROVIDER executes in connection with the
performance of this Agreement.
4
14. INDEMNIFICATION
A. To the full extent permitted by law, SERVICE PROVIDER 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
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 SERVICE PROVIDER or any of its officers, employees,
servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or
on behalf of SERVICE PROVIDER 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 SERVICE PROVIDER to indemnify
and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil
Code.
B. SERVICE PROVIDER'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.
SERVICE PROVIDER expressly waives its statutory immunity under such statutes or laws as to
CITY, its officers, agents, employees and volunteers.
C. SERVICE PROVIDER agrees to obtain executed indemnity agreements with
provisions 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 SERVICE PROVIDER in the performance
of this Agreement. In the event SERVICE PROVIDER fails to obtain such indemnity
obligations for the benefit of CITY, SERVICE PROVIDER 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 SERVICE PROVIDER or any of its
officers, employees, servants, agents, subcontractors, volunteers or any other person or entity
involved by, for, with or on behalf of SERVICE PROVIDER 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
SERVICE PROVIDER 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.
SERVICE PROVIDER agrees that SERVICE PROVIDER's covenant under this Section shall
survive the termination of this Agreement.
E. SERVICE PROVIDER agrees to pay all required taxes on amounts paid to
SERVICE PROVIDER 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. SERVICE PROVIDER shall
fully comply with the workers' compensation laws regarding SERVICE PROVIDER and
5
SERVICE PROVIDER's employees. SERVICE PROVIDER further agrees to indemnify and
hold CITY harmless from any failure of SERVICE PROVIDER to comply with applicable
workers' compensation laws. CITY shall have the right to offset against the amount of any fees
due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE
PROVIDER as a result of SERVICE PROVIDER's failure to promptly pay to CITY any
reimbursement or indemnification arising under this Section.
15. INSURANCE
A. SERVICE PROVIDER 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. SERVICE PROVIDER shall require each of its sub -SERVICE PROVIDERS 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. SERVICE PROVIDER agrees that if it does not keep the insurance required in
this Agreement in full 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 SERVICE PROVIDER'S expense, the premium thereon.
E. Prior to commencement of work under this Agreement, SERVICE PROVIDER
shall file with CITY'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.
F. SERVICE PROVIDER shall provide proof that policies of insurance expiring
during the tern of this . greement: have, been renewed or replaced witli other policies providing
ai, least the sur ae cover ge. Such proof will be furntsbrd at least two weeks prior to the
expiration of the coverages.
C.1
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. SERVICE PROVIDER agrees to require its insurer to
modify the certificates of insurance to y t. l"ai
delete any c culpatoty wording stating th eve of tl',ie
'
insurer to snail written notice of cancellatiori imposes no obligation, and to delete the word
"endeavor" with regard to any notice provisions.
H. The insurance provided by SERVICE PROVIDER shall be 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 SERVICE PROVIDER's insurance and
shall not contribute with it.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit
SERVICE PROVIDER, and SERVICE PROVIDER's employees, agents, subcontractors, or
volunteers from waiving the right of subrogation prior to a loss, SERVICE PROVIDER 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, SERVICE PROVIDER shall either reduce or eliminate the deductibles or self-
insured retentions with respect to CITY, or SERVICE PROVIDER shall procure a bored
guaranteeing payment of losses and expenses.
K. If SERVICE PROVIDER is a Limited Liability Company, general liability
coverage must be amended so that the Limited Liability Company and its managers, affiliates,
employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by SERVICE PROVIDER shall not be construed as a
limitation of SERVICE PROVIDER's liability or as full performance of SERVICE
PROVIDER's duties to indemnify, hold harmless and defend under Section 14 of this
Agreement.
16. MUTUAL COOPERATION
A. CITY shall provide SERVICE PROVIDER with all pertinent data, documents and
other requested information as is reasonably available for the proper performance of SERVICE
PROVIDER's services.
B. In the event any claim or action is brought against CITY relating to SERVICE
PROVIDER's performance in connection with this Agreement, SERVICE PROVIDER shall
render any reasonable assistance that CITY may require.
17. RECORDS AND INSPECTIONS
SERVICE PROVIDER 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
rj
examine and audit the same and to make transcripts therefrom, and to inspect all program data,
documents, proceedings, and activities.
18. TERMINATION OF AGREEMENT
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 SERVICE PROVIDER. SERVICE
PROVIDER shall have the right to terminate this Agreement for any reason or no reason on sixty
(60) calendar days' written notice to CITY. SERVICE PROVIDER agrees to cease all work
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 termb-cation shall become the
property of CITY.
B. In the event of termination or cancellation of this Agreement by CITY, due to no
fault or failure of performance by SERVICE PROVIDER, SERVICE PROVIDER shall be paid
based on the percentage of work satisfactorily performed at the time of termination. In no event
shall SERVICE PROVIDER be entitled to receive more than the amount that would be paid to
SERVICE PROVIDER for the full performance of the services required by this Agreement.
19. FORCE MAJEURE
SERVICE PROVIDER shall not be liable for any failure to perform if SERVICE
PROVIDER 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 SERVICE PROVIDER,
20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed
received on: (a) the day of delivery if delivered by hand or overnight courier service during
SERVICE PROVIDER'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 below,
or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY:
Attn: Daniel Wall, P.E.
DirectoUf Pgblic Work's
Cily of BWAwin'arrk.
11403 E. Pacific Avenue
Baldwin Park, California 91706
Telephone: (626) 813-5251
email: dwatl t baldr is ar1S:.00D1
With a courtesy copy to:
Robert N. Tafoya, City Attorney
" °af ya & Garcia, LI.X
316 West 2" Street
If to SERVICE PROVIDER:
t- jt11 1_ Let g igta
'resident Man4giTrtt�c:
Evaus Brooks. Associates
130 S e rroyo PpkwaL 'i ite 10
Pasadena, QA -9-11 �i
Telephone: (,,& 9 , 011
email: Tl�ci)ebtW ni ig-eqnI.
Suite 1000
Los Angeles, CA 90012
Telel hone: (213) 617-0600
21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
In the performance of this Agreement, SERVICE PROVIDER shall not discriminate
against any 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. SERVICE PROVIDER 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.
22. PROHIBITION AGAINST ASSIGNMENT
SERVICE PROVIDER 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
anempt 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 SERVICE PROVIDER.
23. ATTORNEY'S FEES
In the event that CITY or SERVICE PROVIDER commences any legal action or
proceeding to enforce 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 documents referenced as exhibits in this Agreement are hereby incorporated in this
Agreement. 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
SERVICE PROVIDER 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 SERVICE PROVIDER.
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.
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
9
a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions
shall nevertheless continue in full force and effect.
27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the
pm-tieg. The captions are not a 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.
28. EXECUTION
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.
10
TO EFFECTUATE THIS 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.
CITY OF BALDWIN PARK
Manual I � ... By
Mayor
11
name and title
s
EXHIBIT A
SCOPE OF SERVICES
TASK 6 — REVIEW DRAFT DESIGN SPECIFICATIONS AND COST
ESTIMATES
EBA staff will review all draft design specifications to ensure all necessary
drawings, dimensions, ergonomic and environmental factors are correct
and in line with both current City Public Works regulations and the Initial
project's scope of work. EBA will review maintenance, aesthetic, and most
importantly, safety of the design. EBA will also revlew cost estimates.
TASK 7 — PERFORM DESIGN REVISIONS BASED 00 COST ESTIMATES
Once the draft design specification has been reviewed by our staff, EBA
will revise the design based on cost estimates. This process typically
MqUires 15-20 days,
TASK 8 — r REVIEW AND APPROVAL OF FINAL DESIGN SPECIFICATION
Upon completion of all revisions, EBA will submit the coillpleted design
specification to t1le City for ftirther review and comment. Based on any
City comments and concerns, EBA staff will modify design to ensure all
City concerns are addressed. EBA will work maintain close contact with
the City throughout this phase, until the City approves the final design
specificatlon.
TASK 9 — SUBMITTAL OF REQUIRED PERMIT APPROVALS
EBA staff will assist the Clty.ln submitting all required Permit approvals,
per all applicable local, state and Federal government reF
pilations. EBA
will work with government agencies to obtain all required documents
and coordinate with the City to submit any required approvals.
TASK 10 —SUBMITTAL OF MSRC REQUIRED DOCUMENTATION,
CONS'I'M JCTION At )MEEM E N'r,�
FBA will act on the City's behalf in all communications with MSRC. EBA*
will submit all remaining MSRC documents and construction agreements
to the MSRC project manager in charge of this project, EBA will work
With MSRC to coordinate any additional documents needed by the City,
througii to final closeout,
11 "
TASK I I —COORDINATION OF CONSTRUCTION WORK BY EITHER
CONTRACTOR OR COUNTY
EISA staff will act as coordinators for all construction work by "both
contractor and the County of Los Angeles. EBA will maintain close
contact with both contractor and the County to ensure construction is
completed efficiently, effectively and on time. Should any issues arise,
EBA will notify the City and provide alternatives.
TASK 12 — SUBMISSION OF COMPLETION LETTERS TO MSRC AND
COUNTY
EBA staff will submit final project acceptance and completion letters to
MSRC and the County of Los Angeles, per respective agency guidelines.
TASK 13 -- SUBMfTfAL OF FINAL REIMBURSEMENT AND CLOSEOUT
REPORT TO MSRC
EBA staff will submit final reimbursement and a closeout report to MSRC,
per AGM requirements and specifications.
APPROVED FEE SCHEDULE
TASKS TOTAL 1§9
TOTAL TOTAL
1-
=w "
6 Review of draft design $
$950' �' , $2,400 1 2,250
r �ri n
7 ' Perform design
revisions based �a $S70 � �* $2,160 $1,800
s eri A�at�on an cost estimates
g ._
_. -e-v pp $1200 '`,�1f P
$ Review arrd a royal $1500 d
on cost est
forfinal "�� � $760 ' � a ,
del�r� spe:ciflcatl+orrs
9
Submittal p ��of required" erm+t ray
�3
_ $76—._�
Submittal of MSRC required
.$1,800 , $900 r
�._ d b ma
documentation, construction $760 r `y,$6001 $720 4 Z
10 $
-
MIK
.
COOr n of construction 00
t* r, 500 r
work by either contractor or 1,
or �� $" ,
140 $30 $
]�
Co
12 submittal of final protect
acceptance and completion' $570 $480 $300
rs to MSRC and County?
°r
,
letters
reimbursement a—,_..
13 Submittal of final
and closeout '�$1,900 e13 $1,200
{ $600
re, ortto MSRC �.
EBA Total Cost (Tasks 6-13)
Clean Fuel Connection Cost*
TOTAL PHASE II COST _$37,320
M
Attachment #2
STAFF REPORT'"
ITEM NO. &
TO: Honorable Mayor and City Council members
FROM: Daniel Wall, P.E., Director of Public Works / City Enginee
DATE: April 6, 2016
SUBJECT: COOPERATIVE COST SHARING AGREEMENT FOR THE
DESIGN AND CONSTRUCTION OF A CNG STATION AND
AGREEMENT FOR THE COORDINATION AND DESIGN OF THE
CNG STATION
SUMMARY
This will approve two agreements for the design and construction of a public CNG fueling station at the
northwest comer of Ramona Boulevard and Badillo Street:
• A cooperative cost sharing agreement with the County of Los Angeles for design and construction; and,
• A professional services agreement for project coordination, and design.
FISCAL IMPACT
There will no impact to the General Fund. The City was awarded $400,000 through the MSRC Local
Government Match Program. Up to $400,000 will be provided by Los Angeles County, and $400,000 will come
from the City's restricted funds such as AB2766, Prop A and Prop C.
In addition to providing fuel to City and County Vehicles, this station will sell fuel to the public. Public sales of
fuel will offset continuing operations and maintenance costs and provide for a capital replacement fund for the
CNG fueling station.
RECOMMENDATION
It is recommended that the City Council:
• Approve the cooperative cost sharing agreement with Los Angeles County and authorize the Chief
Executive Officer to execute the same; and,
• Approve the professional services agreement with Evans Brooks Associates (EBA) for project coordination
and design and authorize the Mayor to execute the same.
BACKGROUND
This project initially began in early 2014, when the City applied for and received grant funding through the
MSRC Local Government Match Program for this CNG Station. The City also unsuccessfully applied for
additional funding for the station through the MTA's Call for Projects program. EBA, upon learning of the
City's funding shortfall, approached Los Angeles County about sharing in the cost of constructing this station.
Through meetings and negotiations facilitated by EBA, the cooperative cost sharing agreement being
considered was developed by City and County staff. On October 15, 2014, the City Council approved a
previous version of the cooperative agreement with Los Angeles County, however the County did not sign that
agreement. The agreement currently before the City Council was rewritten by the County to include entry rights
to County property during construction and acknowledge of the City being the lead agency under CEQA. These
changes to the cooperative agreement resulted from discussions between City and County staff.
The agreement calls for Los Angeles County and Baldwin Park to share the cost of construction on a dollar per
dollar basis for any amount in excess of the $400,000 MSRC grant, up to a total construction cost of
$1,200,000. In exchange, the station will include a slow fill compressor and line into the County Public Works
CNG STATION
Page 2
Yard for the overnight fueling of County vehicles. The slow fill line into the County's maintenance yard will be
separately metered, to properly charge the County for CNG being used in its vehicles.
The design of the station will include landscaping to provide a visual buffer to Ramona and Badillo.
FBA's on-going role in this project will be in delivering a project ready for construction bid that: will meet the
requirements of the County, the City and the MSRC, as well as coordination of all parties dining the
construction and permitting phases of this project
LEGAL, 11.E E
None Required.
The Cat could forgo City ergo the construction of a CNG station at this location aid s��rrender t'I�e MSRC grant d the
cost sharing with Los Angeles County, and either look for an alternate location and seek other sources of
funding or not construct a CNG station at all.
AWA +CHE PTS
A. Cooperative Agreement with the County of Los Angeles
B. Professional Services Agreement with Evans Brooks Associates
Attachment #3
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND
PROJECT MANAGEMENT FOR THE COMPRESSED NATURAL GAS (CNG)
REFUELING STATION
THIS AMENDS THE AGREEMENT entered into on the 6th day of April 2016. THE AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND PROJECT
MANAGEMENT FOR THE COMPRESSED NATURAL GAS (CNG) REFUELING STATION
(this "Amendment") is dated as of , 2017 (the "Amendment Date"), and entered into
by and between the CITY OF BALDWIN PARK, ("CITY"), and Evan Brooks and Associates, Inc.,
("SERVICE PROVIDER").
RECITALS
A. The City and Service Provider, entered into an Agreement dated April 6, 2016 (the
"Agreement").
B. The City and Service Provider have mutually agreed to amend the Agreement, as provided
for in Section 2 of the Agreement to incorporate changes to the Scope of Services.
Therefore, the Agreement is amended as follows:
1, Section 2 "SERVICE PROVIDER' S SERVICES of the Agreement is amended by incorporating
the services per "Service Quote" attached as Exhibit A to the Scope of Services.
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, and in order to bind themselves legally to the terms and conditions
of this First Amendment, the duly authorized representatives of the parties have executed this First
Amendment as of the Amendment Date.
CITY OF BALDWIN PARK, a California municipal corporation
By:
Manuel Lozano, Mayor
Date:, 2017
EVAN BROOKS AND ASSOCIATES, INC.
By: ....
Hal Suetsugu,
Date: , 2017
ATTEST:
City Clerk
Evan8rooksAssociates, Inc SERVICE QUOTE
IM0 Arroyo Suite 106
pas'acknia, 91105
626,799,8011 offic(.-:
888,421.8798 fax
DATE 8/2/2017
CUSTOMER ID Baldwin Park
TO Sam Gutierrez, P.E.
Interim Public Works Director
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
.......... . . .. . ....... .......... ....... .... . 7 .... ..
PROJECT NAME PROJECT MGR CONTACT PROJECT DURATION N.T.E.
...... . .. .... . ...... ......
Baldwin Park Compressed Natural Gas (CNG) Daniel BarteLson
Refueling Station at Ramona Blvd. and Badillo St. (626) 799-8011 (ext. 6) Aiu�usl 2, 2017 hn-p W, 20M, $78,225.00
. . ..... ...
. ......... . .......
PROJECT DESCRIPTION TOTAL BILLIN G
....... .. ....... . . . ..... ......
Clean Fuel Connections (CFC) will took to implement initial unit design and unit specifications into
overall package, corrdinated with Los Angeles County, Southern California Gas, and Southern
1. Systems Engineering
California Edison. CFC will address system reliability, service levels, and construction specs for
development of the site, including power needs and natural gas line service levels. $ 29,000.00
2. County/SGC/SCE (Evan Brooks Associates (EBA) Staff will work closely with CFC to ensure all required permits are in
Permit Processing :place for construction and operation of CNG system. $ 1,500.00
...... .... . . . ......
3. Program Coordination 'Assist the City in managing and coordinating with the County/ SCAQMD /Contractors, Thisincludes
(County/ SCAOMD/ coordinating with agencies; advising the City on the necessary and strategic course of actions to
Contractors) take; and being available when necessary. $ 20,000.00
EBA Staff will work closely with Baldwin Park staff to reach the community around and near the in -
4. Community/Agency development CNG site. This will include educational workshops and community hearings to allow for $ 12,000.00
Outreach/Updates feedback loops and address any concerns. An outreach report will be provided upon completion of
outreach activities.
5. Project EBA Staff will write proper reports, produce invoices for reimbursements, attend to audits, and
Closeout/AQMD address all related project closeout items so as to ensure maximum efficiency once the project has $ 12,000.00
Reimbursement been completed and the unit is installed.
. .. . ...... — — - ---------
Subtotal $ 74,500.00
. ..... . . ......... .......... ....... . ........... . .......... . ...... —
Contingency 5.00
; so
APPROVAL TO PROCEED
Sam Gutierrez, P.E., Interim Public Works Director Date
SUMMARY
This item will approve an agreement with Ameresco, Inc., allowing Ameresco to perform an
Investment Grade Audit (IGA) evaluating energy use and optimization measures such as LED
retrofits for city -owned street lighting and traffic signal safety lighting. The IGA will also consider
solar photovoltaic measures at the Transit Center's 5t'' level and the Teen Center's Skate Park
facility.
FISCAL IMPACT
This energy conservation project will have no impact to city funds. Staff has established
performance metrics in the Letter of Intent (LOI) that must be achieved by Ameresco. If Ameresco
does not achieve the performance metrics, there is no obligation for the city to proceed with any of
the energy conservation measures proposed in the IGA and there is no cost to the city for Ameresco
to perform the investment grade audit. If Ameresco meets or exceeds the performance metrics and
the City decides not to move forward with the project, the City will reimburse Ameresco for its time
and material at a cost of $45,000.
RECOMMENDATION
It is recommended that the City Council approve the request to authorize the City of Baldwin Park's
CEO, or his designee, to sign a Letter of Intent (LOI) with Ameresco to perform an investment grade
energy audit (IGA) in support of the city's Energy Conservation Program.
DISCUSSION
Ameresco will perform an investment grade audit that will include a detailed scope of work,
construction timelines, firm pricing (no change orders), energy and operational savings, product and
design specifications and identified utility incentive/grants that will go towards funding infrastructure
improvements. The project will include converting city owned street lights to LED technology and the
installation of Solar Photovoltaic systems at the Transit Center and Teen Center.
LEGAL REVIEW
None Required.
ALTERNATIVES
The City could choose not to go with the investment grade audit at this time.
ATTACHMENTS
1. Ameresco Letter of Intent
Item No.
STAFF IZE PORT
TO:
Honorable Mayor and City Council members ..
"06 a.HUB to
FROM:
Sam Gutierrez Interim Director of Public
srsiEL
DATE:
August 16, 2017 (Continued from July 19, 2017)
LLEY",, ;
SUBJECT:
'ED ""
CONSIDERATION OF AN ENERGY AUDIT
,,�
AGREEMENT WITH AMERESCO, INC. EVALUATING
ENERGY USE OPTIMIZATION MEASURES FOR
STREET LIGHTS, TRAFFIC SIGNAL SAFETY LIGHTS,
TRANSIT CENTER AND TEEN CENTER
SUMMARY
This item will approve an agreement with Ameresco, Inc., allowing Ameresco to perform an
Investment Grade Audit (IGA) evaluating energy use and optimization measures such as LED
retrofits for city -owned street lighting and traffic signal safety lighting. The IGA will also consider
solar photovoltaic measures at the Transit Center's 5t'' level and the Teen Center's Skate Park
facility.
FISCAL IMPACT
This energy conservation project will have no impact to city funds. Staff has established
performance metrics in the Letter of Intent (LOI) that must be achieved by Ameresco. If Ameresco
does not achieve the performance metrics, there is no obligation for the city to proceed with any of
the energy conservation measures proposed in the IGA and there is no cost to the city for Ameresco
to perform the investment grade audit. If Ameresco meets or exceeds the performance metrics and
the City decides not to move forward with the project, the City will reimburse Ameresco for its time
and material at a cost of $45,000.
RECOMMENDATION
It is recommended that the City Council approve the request to authorize the City of Baldwin Park's
CEO, or his designee, to sign a Letter of Intent (LOI) with Ameresco to perform an investment grade
energy audit (IGA) in support of the city's Energy Conservation Program.
DISCUSSION
Ameresco will perform an investment grade audit that will include a detailed scope of work,
construction timelines, firm pricing (no change orders), energy and operational savings, product and
design specifications and identified utility incentive/grants that will go towards funding infrastructure
improvements. The project will include converting city owned street lights to LED technology and the
installation of Solar Photovoltaic systems at the Transit Center and Teen Center.
LEGAL REVIEW
None Required.
ALTERNATIVES
The City could choose not to go with the investment grade audit at this time.
ATTACHMENTS
1. Ameresco Letter of Intent
Attachment #
AMERESCO4
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Letter of Intent: Solar & LED Streetlight Energy Conservation Project
May 11, 2017
Shannon Yauchzee
City of Baldwin Park
14403 E. Pacific Ave.
Baldwin Park, CA 91706
Dear Mr. Yauchzee:
This Letter of Intent (LOI) will serve as authorization for Ameresco, Inc. to proceed and
complete a final engineering study and a final proposal to include all contract documents
covering engineering, equipment retrofits, final costs, and energy conservation measures
for the Solar & LED Streetlight Energy Project.
It is the City's understanding that Ameresco, Inc. will offer a contract that utilizes energy
savings, operational cost savings, utility rebates, grants and any additional funding
sources that may be available to the City of Baldwin Park to offset the costs of the
project. The contract will be negotiated with Ameresco, Inc. in compliance with the
provisions of California Government Code, Chapter 3.2, Section 4217.10 — 4217.18,
Energy Conservation Contracts.
The following criteria will be required by the City of Baldwin Park of Ameresco Inc.
before entering into a contract agreement:
1. Solar Installation (Transit Center, Teen Center): Payback period of nineteen (19)
years or less
2. LED Streetlight (City Wide): Payback period of twelve (12) years or less
Ameresco, Inc. will provide documents detailing the improvements to be made and the
exact project costs and savings. Ameresco, Inc. will provide all necessary contract
documents for execution ninety (90) days after signature of this LOI. If the proposal that
Ameresco, Inc. provides meets the City of Baldwin Park's requirements as defined in this
LOI, it is the City of Baldwin Park's intent to enter into an agreement with Ameresco,
Inc. to perform recommended energy saving measures.
In the event that Ameresco Inc. is unable to design a project that meets the criteria
identified in this LOI, the City of Baldwin Park has no financial obligation to Ameresco
Inc. If the program recommended by Ameresco meets or exceeds the criteria identified in
this LOI and the City of Baldwin Park decides not to enter into an agreement with
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City of Baldwin Park Arneresco Inc.
Shannon Yauchzee Robert Georgeoff
Signature Signature
Date Date
Item No.
STAFF REPORT
TO: Honorable Mayor and City Council membems
HU w
F1 14 FROM: Sam Gutierrez, Interim Director of Public -1°
A,o ia.
l DATE: August 16, 2017 (Continued from August 2, 2017)
,• SUBJECT: CONTRACTUAL ANNUAL RATE ADJUSTMENT FOR
N,Zr,6�0 JAW- SOLID WASTE FEES DUE TO CPI INCREASE
SUMMARY
Pursuant to the terms of the existing agreement, Waste Management, Inc. (WM) submitted a request for
rate adjustments to all customers based on increases in the Consumer Price Index (CPI). This report seeks
adoption of Resolution No. 2017-197, adopting the proposed fee changes.
FISCAL IMPACT
Revenue increases in franchise fees for the annual rate increase, based on CPI, will mirror the change in
CPI.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2017-197 "A Resolution of the City
Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste
Collection and Recycling Services to reflect Consumer Price Index Increases".
BACKGROUND
On September 4, 2013, the City Council authorized the execution of a ten-year Franchise Agreement with
Waste Management, Inc. to provide exclusive collection of residential refuse and disposal of solid waste. On
September 3, 2014, City Council adopted Resolution No. 2014-031 establishing annual increases based on
the Consumer Price Index (CPI), for all residential, commercial, industrial and multifamily residential
customers through July 1, 2019. On August 3, 2016, the City Council adopted Resolution No. 2016-141
approving various new fees and continuing the annual increases based on the CPI through July 1, 2019.
DISCUSSION
In compliance with the Franchise Agreement, Waste Management, Inc. has submitted an annual rate increase
equal to the percentage increase in the Consumer Price Index (CPI). The Franchise Agreement with Waste
Management allows for an annual review of the commercial and residential refuse rates and an adjustment
based on the CPI. The formula allows for 100% of the average increase between the CPI for Garbage and
Trash Collection U.S. City Average, published by the United States Department of Labor, Bureau of Labor
Statistics. This proposed annual adjustment to all rates, fees and charges will take effect on July 1 of each
year beginning in 2016. This proposed annual adjustment will be no more than 5% in any one fiscal year.
Any percentage increase that exceeds the annual 5% cap will be carried forward to the next year and added to
future rate increases. This year the CPI increase is 1.71 %.
The terms of the Franchise Agreement require that certain increases receive City Council approval. Further,
the Franchise Agreement also requires that all changes to fees for solid waste services must be compliant with
Proposition 218 which requires that a public hearing be held to consider all public testimony and protest
regarding the proposed changes. Since the only proposed change that is being considered this year is the
annual CPI increase and Resolution No. 2016-141 approves annual CPI increases through July 1, 2019, a
public hearing is not required.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
Concerning the annual CPI rate increases — If, after exercising its powers reasonably and in good faith,
the City Council chooses to not implement the rate increases contained in the Franchise Agreement and
requested by the Franchisee, the Franchisee has 60 days after rejection to request that the City negotiate
reductions in programs, service and fees to compensate the Franchisee for the negative and material
impact that the disapproval has on the Franchisee's business operations.
ATTACHMENTS
1. Rate Comparisons
2. Resolution No. 2017-197
Attachment #
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Insta-Bin Temporary 3 CU Yard Service 2017-2018
Rate Unit
Temp 3 vard bin (includes delivery & pick up) $ 126.88 Up to one week
Extra Collection $ 61.52 Per extra dump
Insta-Bin AB939 Fee - 3% in addition to above listed fees charge applies to all INSTA-BIN service customers
Bin Size 2017-2018 Frequency of Collection (No. of collections per week)
COMMERCIAL ULTl-FAMILY RECYCLING MONTHLY (RATES:
Cubic Yard
Bin Size
2017-2018 Frequency of Collection (No. of collections per week)
1 2 3 4 5
6
Extra PU
1.5 $162.66 $222.00 $281.09 $340.59 $483.74
$487.13
$121.99
2 $172.22 $233.56 $293.11 $353.51 $413.69
$502.35
$129.16
3 $188.45 $251.13 $313.87 $376.59 $439.29$529.95
One 96 Gal -
$141.33
4 $201.60 $269.67 $334.68 $399.69 $464.63
$557.59
$151.20
6 $209.24 $306.78 $376.33 $445.81 $514.46
$612.83
$156.92
*6th day (Saturday) service available for customers with service everyday Monday thru Friday only.
$25.00 N/A N/A N/A N/A
N/A
Commercial AB939 Fee - 3.0% in addition to above listed fees charge applies to all commercial service customers.
carts or more,
* No bin rental or installation fee on permanent commercial containers
COMMERCIAL ULTl-FAMILY RECYCLING MONTHLY (RATES:
Bin Size
2017-2018 Frequency of Collection (No. of collections per week)
Cubic Yard
1 2 3 4 5
6
Extra PU
One 96 Gal -
$0.00 N/A N/A N/A N/A
N/A
N/A
Fri. Only,
96 - Gal, 2
$25.00 N/A N/A N/A N/A
N/A
N/A
carts or more,
per cart Fri
Onl
1.5
$0.00 $0.00 $41.22 $73.07 $105.86
$137.72
$36.95
2
$0.00 $0.00 $42.16 $79.63 $108.68
$141.47
$36.95
3
$0.00 $0.00 $44.04 $81.51 $115.23
$150.84
$36.95
4
$0.00 $0.00 $46.84 $84.31 $121.79
$159.27
$36.95
6
$0.00 $0.00 $54.33 $95.56 $136.78
$178.95
$36.95
*6th da Saturday service available for customers with service everyday Monday thru Friday only.
Commercial AB939 Fee - 3.0% in addition to above listed fees charge applies to all commercial service customers.
* No bin rental or installation fee on permanent commercial containers
Other Fees
$ 435.14
Service
Rate
Unit
1.5 -Yd bin EOW service
$ 99.01
Snapshot Overage fee
$ 47.51
Per occurrence
City administrative fee - impound illegal receptacle
$ 239.60
Per occurrence
Contamination fee
$ 84.75
Per bin per occurrence
Locking lid
$ 11.60
Per.bin__per month
Relocation fee
$ 84.75
Per bin per occurrence
Lock xment
$ 23.96
Per occurrence
Scheduled commercial bulky item collection
$ 29.73
Ur) to 3 cu. vards
Reactivation fee after non-payment cutoff
$ 39.55
Per occurr
Graffiti Removal fee
$ 56.50
Per occurr
"Hard to Service" fee
$ 113.00
Unscheduled commercial bulky item collection
$ 88.06
Up to 3 cu. yards
Tilt Hopper
$ 154.95
Per unit per month
Roll out or pus,h,out service (Valet service)
$ 23.42
Per bin, per of days service
10-12 Cubic Yard (Rock and/or Dirt) includes 5 tons of disposal
$ 435.14
25 Cubic Yard includes 5 tons of disposal
$ 447.56
30-40 Cubic Yard up to 5 tons
$ 472.45
Overweight fee,
$ 533.63
if over 10 tons, plus haul rate & disposal over 5 tons
';One time dellvn fee per container
$ 54.27
Hourly Driver Rate
$ 160.09
Roll -off trip fee
$ 138.74
Per occurrence
Relocation fee
$ 80.05
Per occurrence
Roll -off Recycling Haul Rate
0
Roll -off Impound Fee
haul plus_clispqsa
*No bin rental or installation fee on per nanent commercialconta|nnnu
k.
1 I' 1 1 ! 1' 1 r
0 DI MA 1 1"A 1 . r 1 r
WHEREAS, Proposition 218 requires the City to conduct a hearing not less than forty-
five (45) days after mailing a notice of proposed property related fee increases to those upon
which the fees will be imposed;
WHEREAS, a duly noticed public hearing regarding the proposed increase to fees for
solid waste service was conducted on August 3, 2016 at 7:00 pm in the City Council Chambers;
WHEREAS, Proposition 218 requires that the City shall not impose the proposed fee if
written protests against the proposed fee are presented by a majority of record owners of
identified parcels;
WHEREAS, written protests regarding the proposed solid waste collection fee increases
were accepted from the public and considered before the close of the public hearing;
WHEREAS, a tally of the written protest against the proposed solid waste fee increases
shows less than a majority of accounts have submitted written protests against the proposed solid
waste fee increases;
SECTION 1. Annual Rate Increases: Beginning July 1, 2017, and continuing through
and inclusive of July 1, 2019, all rates, fees and charges for all residential, commercial and
multifamily accounts shall be adjusted each July 1, by the percentage increase in the Consumer
Price Index, CUSROOOOSEHG02 CPI -U Garbage and Trash Collection, US City Average, not
seasonally adjusted.
SECTION 2. Annual Rate Increase Cap: With respect to any annual rate increase, the
amount of the annual adjustment shall not exceed five percent (5%) for any fiscal year. Any
percentage increase calculated pursuant to Section 1 which exceed the annual cap of five (5%)
for any fiscal year shall be carried forward and added to future percentage rate increases;
provided, however, that the total increase for any future fiscal year is not more than the annual
rate cap for that year.
SECTION 3. This year the CPI increase is 1.71% beginning July 1, 2017.
INI—AINIMI offi-Fe, r1j"1091
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
1, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2017 -XXX was duly adopted by the City Council of the City of Baldwin
Park at a regular meeting thereof held on June 21, 2017 and that the same was adopted by the
following vote to wit:
AYES:
NOES:
ABSENT:
F.1140-M&MN
NG,
' "V
'V
60F , t
Xd" uo�OF'7, r ' " '
I' - c oI. P
' , "' "F'
TO: Honorable a r i Y Councilmembers
H, E,
8 R I E )L,,
SANI,GA' FROM: Michael Tayl of olice
Y
VAI 1�
DATE: August 16, 70� I
SUMMARY
Staff seeks City Council approval to retire police service dog "D'Jango", and sell him to his handler, Officer
Tony Gamboa, for the amount of one dollar ($1.00).
FISCAL IMPACT
The fiscal impact would be insignificant. For one dollar ($1.00), Officer Gamboa would purchase D'Jango from
the City of Baldwin Park and assume responsibility for all his care, comfort, and medical expenses without City
assistance.
RECOMMENDATION
Staff recommends:
1. City Council approves the sale of police service dog D'Jango to Officer Tony Gamboa for the amount
of one dollar ($1.00), and
2. City Council gives authorization to the Chief of Police to execute the attached agreement with Officer
Tony Gamboa.
BACKGROUND
Police service dog "D'Jango" has been in active service since 2011. D'Jango is a 10- year-old Belgian Malinois,
and has reached the normal age of retirement from police service. "D'Jango" has reached the end of useful
police service and his handler, Officer Tony Gamboa, has recently been appointed to the position of Field
Training Officer.
D'Jango was first assigned to a canine handler in early 2011, then acquired by Canine Officer Tony Gamboa in
March of 2012. The normal duties and responsibilities of our canine officers require the officer to keep their
police service dogs at their residence during off-duty time. Police service dogs are fed, groomed, and
maintained at the handler's residence, which is an important part of the required training for our canine teams.
Due to these reasons, a strong bond between the handler and police service dog develops. Officer Gamboa has
expressed his desire to purchase D'Jango from the Department. Officer Gamboa has agreed to provide a
comfortable, humane and caring environment for the remainder of D'Jango's life. Officer Gamboa has agreed
to purchase D'Jango for the amount of one dollar ($1.00), and sign a "Release of Police Service Dog" agreement
authored by the City Attorney's Office.
The sale of police service dogs to their handler is common and the Department's past practice.
Authorization to Sell Police Service Dog to Officer.
Page 2
LEGAL REVIEW
The City Attorney has reviewed the attached Staff Report and Release Agreement to Police Service Dog and
approved them as to form and content.
AIJERNA'FIVES
Council may elect to reject the sale of police service dog D'Jango to Officer Tony Gamboa, causing the dog to
be returned to the vendor and ultimately euthanized.
009"IMS
-.I K "M
SALE AND RELEASE AGREEMENT AND
GENERAL RELEASE OF CLAIMS
This Sale and Release Agreement and General Release of Claims (hereinafter
"Agreement") is entered into by and between the City of Baldwin Park ("City"), a municipal
corporation, on the one hand, and Tony Gamboa ("Buyer"), an individual, on the other hand.
The City of Baldwin Park and Tony Gamboa are collectively referred to hereinafter as the
"Parties."
RECITALS
WHEREAS, the City of Baldwin Park purchased and provided for the training of police
service dog which goes by the name of "D'Jango."
WHEREAS, Buyer, Tony Gamboa, is a police officer with the Baldwin Park Police
Department and has been D'Jango's handler since March of 2012. Buyer has participated in all
phases of D'Jango's training since that date.
WHEREAS, D'Jango is no longer able to perform as a police service dog with any law
enforcement agency due to his health and age.
WHEREAS, the City of Baldwin Park desires to ensure that D'Jango has a comfortable,
humane, and caring environment for the remainder of his life.
WHEREAS, Officer Tony Gamboa desires to buy D'Jango and solely provide for his
care and comfort for the remainder of his life and be totally responsible for D'Jango's actions for
the remainder of his life.
NOW THEREFORE, in consideration of the facts set forth in the recitals listed above,
the covenants and promises in this Agreement, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties mutually agree and
confirm the agreement they reached as follows;
AGREEMENT
1 Release Price. Provided that Buyer satisfies the conditions set forth in this Agreement,
the City agrees to sell police service dog D'Jango for the sum of One Dollar and No Cents
($1.00), in consideration for providing the City with a release, indemnity and a comfortable,
humane, and caring environment for D'Jango for the remainder of his life. Buyer agrees to
provide a home and all necessary care and comfort for D'Jango for the remainder of his life,
including but not limited to, providing appropriate medical care, without any assistance from the
City.
2. Release of All Claims.
a. In consideration of and in return for the promises and covenants undertaken in this
Agreement, and for other good and valuable consideration, receipt of which is hereby
acknowledged, Buyer hereby acknowledges full and complete satisfaction of and does hereby
release, absolve and discharge the City and its affiliated companies, divisions, parents,
Page 1 of 4
members, insurers, Councilmembers, Mayor, CEO, department heads, subsidiaries, related
entities and government concerns, past and present, and each of them, including but not limited
to partners, trustees, directors, officers, agents, attorneys, servants and employees, past and
present and each of them (collectively referred to as "Releasees") from any and all claims,
demands, liens, agreements, contracts, covenants, actions, suits, causes of action, grievances,
obligations, expenses, damages, judgments, orders and liabilities of whatever kind or nature in
state or federal law, equity or otherwise, whether known or unknown (collectively, the
"Claims"), which Buyer or any other entity or individual now owns or holds or has at any time
owned or held as against the City or the Releasees, including specifically but not exclusively
and without limiting the generality of the foregoing, any and all claims known or .unknown,
suspected or unsuspected: (1) arising out of the City's alleged ownership of police service dog
D'Jango or termination of that alleged ownership; or (2) arising out of or in any way connected
with any claim, loss, damage or injury whatsoever, known or unknown, suspected or
unsuspected, resulting from any act or omission by or on the part of the City or the Releasees,
committed or omitted by the City or the Releasees on or before the date this Agreement is
executed by Buyer.
b. Waiver of Civil Code Section 1542 Buyer hereby expressly waives any and all
„ mITITITIT�
rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil
Code, and expressly consents that this Agreement shall be given full force and effect according
to each and all of its express terms and provisions, including those relating to unknown and
unsuspected Claims, if any, as well as those relating to any other Claims hereinabove specified.
Section 1542 provides:
A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.
Having been so apprised, Buyer nevertheless hereby voluntarily elects to and does waive
the rights described in Civil Code Section 1542, and elects to assume all risks for Claims that
now exist for or against the City or Buyer, known or unknown.
3 Acl<nowled rr, crit of, CgItuensation Received. The City acknowledges and represents
that Buyer has paid it in full for all compensation due and owing to it as a result of its ownership
of the police service dog D'Jango.
4.`onfialentz�rlit
a. Buyer agrees: (1) to the terms and conditions of this Agreement; and (2) that any and
all actions taken by the City and the Releasees in accordance with this Agreement, are
confidential, and shall not be disclosed, discussed or revealed by Buyer to any other person or
entity except Buyer's spouse (if any), accountant (if any), tax consultants (if any), financial
advisor (if any), or attorneys. If asked about this matter, Buyer is permitted to say, "I purchased
D'Jango from the City." In the event Buyer discloses any provision of this Agreement with his
spouse (if any), tax consultants (if any), financial advisor (if any), or attorneys, Buyer shall
notify each of them that the provisions disclosed shall be kept confidential, and shall not be
disclosed, discussed or revealed by any of them.
Page 2 of 4
b. If at any time it is proven in a court of competent jurisdiction that Buyer has violated
this confidentiality provision, Buyer shall be liable to the City the sum of Five Hundred Dollars
and Zero Cents ($500.00) for each such violation.
5. . tt:g ney ' lees and f'nforceinem�. The Parties to this Agreement expressly agree that no
party shall be liable to any other party, person or entity for costs and/or attorneys' fees relating to
the released claims or this Agreement, including any provided for by statute, except to the extent
attorneys' fees are provided for in this Agreement. It is further understood and agreed that if, at
any time, a violation of any term of this Agreement is asserted by any party hereto,'that party
shall have the right to seek relief including but not limited to specific performance of that term
and/or any other necessary and proper relief, including but not limited to damages, from any
court of competent jurisdiction, and the prevailing party shall be entitled to recover its/her
reasonable costs and attorneys' fees.
6 Cotm-t -nx,,lr tµ . This Agreement may be executed in counterparts and, if so executed, each
such counterpart shall have the force and effect of an original. A facsimile signature or signature
scanned and sent by electronic mail shall have the same force and effect as an original signature.
7. Choice of Law. . This Agreement shall be construed in accordance with, and be deemed
governed by, the laws of the State of California.
8. General Terms And Conditions..
a. If any provision of this Agreement or any application of any provision of this
Agreement is held invalid, the invalidity shall not affect other provisions or applications of the
Agreement which can be given effect without the invalid provision or application. To this end,
the provisions of this Agreement are severable.
b. Buyer represents and warrants that Buyer has not heretofore assigned or transferred or
purported to assign or transfer to any person, firm or corporation any claim, demand, right,
damage, liability, debt, account, action, cause of action, or any other matter herein released.
Buyer agrees to indemnify and hold the City harmless against any claim, demand, right,
damage, debt, liability, account, action, cause of action, cost or expense, including, attorneys'
fees or costs, actually paid or incurred, arising out of or in any way connected with any such
transfer or assignment or any such purported or claimed transfer or assignment.
c. This Agreement and all covenants and releases set forth herein shall be binding upon
and shall inure to the benefit of the respective Parties hereto, their legal successors, heirs,
assigns, partners, representatives, parent companies, subsidiary companies, agents, attorneys,
officers, employees, directors and shareholders.
d. Buyer acknowledges he has read this Agreement, that he fully understands his rights,
privileges and duties under the Agreement, and that he enters this Agreement freely and
voluntarily. Buyer further acknowledges that he has had the opportunity to consult with an
attorney of his choice to explain the terms of this Agreement and the consequences of signing
this Agreement.
Page 3 of 4
e. The Parties acknowledge that each may later discover facts different from, or in
addition to, those they now know or believe to be true with respect to the Claims released in this
Agreement, and agrees the release shall be and remain in effect in all respects as a complete and
general release as to all matters released, notwithstanding any such different or additional facts.
f. This Agreement and the provisions contained herein shall not be construed or
interpreted for or against any party hereto because that party drafted or caused that party's legal
representative to draft any of its provisions.
g. Buyer acknowledges and represents that no promise or representation not contained
in this Agreement has been made to him and acknowledges and represents that this Agreement
contains the entire understanding between the Parties and contains all terms and conditions
pertaining to the compromise and settlement of the subjects referenced in this Agreement. This
Agreement may only be amended or modified by a writing signed by the parties hereto. Any
waiver of any provision of this Agreement shall not constitute a waiver of any other provision
of this Agreement unless expressly so indicated.
h. Buyer acknowledges that he has relied solely upon his own legal and tax advisors and
that the lawyers, accountants and advisors to the City have not given any legal or tax advice to
such party in connection with this Agreement.
i. In the event Buyer fails to tender any consideration required by this Agreement, the
Court shall retain jurisdiction pursuant to Code of Civil Procedure section 664.6 to enter
judgment pursuant to the terms of this Agreement.
j. Buyer agrees he was provided ample time to seek his own legal counsel regarding this
Agreement and its terms.
9. Indemnification. Buyer agrees to indemnify and hold harmless the City of Baldwin Park
for any acts by D'Jango after Buyer executes this Agreement which result in a claim, lawsuit, or
request for money from the City. Buyer agrees to pay any money damages issued against the
City for any act of D'Jango after the execution of this Agreement. Buyer agrees that as part of
this indemnity provision, Buyer will defend any claim in or lawsuit initiated after the date of
execution of this Agreement.
I have read the foregoing Sale and Release Agreement and General Release of Claims
and I accept and agree to the provisions contained in this Agreement and hereby execute it
voluntarily and with full understanding of its consequences.
Dated: , 2017
OA
Dated: , 2017
MANUEL LOZANO, MAYOR
Page 4 of 4
ITEM NO.
MOMMEM
STAFFREPORT
LLD TO: Honorable Mayor and City Councilmembers
Al HUB � o FROM: City Attorney's Office
THE
SAN ABRI)P�K
DATE: August 16,2017
VALLEY SUBJECT: SECOND READING OF ORDINANCE NO. 1400 AND 1401
RELATING TO AN AMENDMENT TO THE CITY'S MUNICIPAL CODE, ON
MEDICAL AND ADULT USE OF CANNABIS ZONING (I & IC) AND RULES
AND REGULATIONS FOR THE MANUFACTURING, CULTIVATION, AND
DISTRIBUTION THEREOF (AND CONTINUTING THE BAN ON
DISPENSARIES)
SUMMARY
This report seeks City Council conduct the second and final reading on the following:
1. Amend Table 153.050.020 to allow Medical and Adult Cannabis Cultivation, Manufacturing, and
Distribution uses within the Industrial Commercial (IC) and Industrial (I) Zones with a development
agreement, pursuant to Section 15 3.2 10 Parts 15; and
2. The deletion of Subsections 153.120.330.0 and D from the Municipal Code relating to cultivation and
distribution of cannabis; and
3. Amend the Municipal Code to add Chapter 127, which will include development standards and
regulations relating to permitting said Medical and Adult Cannabis Cultivation, Manufacturing,
Distribution uses including but not limited to distance standards from sensitive uses, security plans,
signage, insurance, and odor control.
FISCAL IMPACT
The expected revenue to the City is estimated to be approximately $330,000.00 for each 22,000 sq. ft. license
for cultivation and manufacturing of cannabis for a total of $4,950,000.00. This estimate is based on 15 permits
being issued by the City with cannabis cultivation covering not less than 22,000 sq. ft.
RECOMMENDATION
Staff recommends to the City Council:
1. That Ordinance No. 1400 be adopted by title only and waive the second reading, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
ADDING CHAPTER 127, MEDICAL AND ADULT USE CANNABIS, OF TITLE. XI, BUSINESS
REGULATION TO THE CITY OF BALDWIN PARK'S MUNICIPAL CODE;" and
2. That Ordinance No. 1401 be adopted by title only and waive the second reading, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
AMENDING BALDWIN PARK MUNICIPAL CODE TABLE 153.050.020, ALLOWING MEDICAL
AND ADULT CANNABIS CULTIVATION, DISTIRIBUTION AND MANUFACTURING USES, THE
DELETION OF SUBSECTIONS 153.120.330.0 AND 153.120.330D OF THE CITY'S MUNICIPAL
(ZONING) CODE."
Medical Cannabis Ordinance Nos. 1400 and 1401
August 16', 2017
Page 2
BACKGROUND/DISCUSSION
In accordance with the provisions of the California Environment Quality Act (CEQA), CEQA is not applicable
to the zoning and regulatory Ordinances (1400 & 1401) pursuant to Section 15061.13.3 as the Ordinances will
not have the potential for causing a significant impact upon the environment. Since there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
PURL IC° NO77CI' `G 1, () 1 f1 PRIOII,C°T
A Notice of Public Hearing for these proposed code amendments was posted at City Hall, Esther Snyder
Community Center, and Barnes Park no later than July 28, 2017. Additionally, the Notice was posted at Allan
Company (Recycling Facility open to the public), located at 14618 Arrow Highway, within the Industrial
Commercial Zone (IC).
A notice of public hearing for both the August 9, 2017, Planning Commission meeting and August 10, 2017,
City Council meeting was also published in the San Gabriel Valley Examiner on July 27, 2017, at a size of 1/8 1h
of a page.
P UBL K-7 C, U IM`,11 CH O 7IE C "OMMU I "T Y
As part of the process, the City held several community meetings to receive input on the proposed changes to
the Municipal Code,
DATE MEETING MEETING LO
... e_. _. CATION APPROXIMATE # OF
_ TIME ATTENDEES
June 19, 20_�. ..�.�..� �..� ....... � _ ........�� mm...�.
.,n P
.... 46
_ ...........m_.. 17 —_. l.l.amm.. Baldwin Park Senior Center � _ _m. �
Senior... ter
June 19, 2017 7 m Baldwin Park Cen 2 �
June 26, 2017 7pm Baldwin Park Performing Arts Center 27
...... – _...m
p Arts & Recreation Center 14
Jul 10, 2017 7 m ........ Baldwin Parke ......._.
......_...__
July17,, 2017 7 p 8 m Baldwin Park Arts &Recreation Center
Each community meeting was advertised by the City. It is important to note that there was no significant
opposition from any community members or residents at any of these informational meetings. At each of the
community meetings, a variety of staff and individuals in the cannabis community presented including the
following:
......................
..m. .....m_ ... �..� _..._ _ � .......
PRESENTER TOPIC
Shan _ � _ Benefit to the community, Economic Development
Shannon Yauchzee Chief Executive Officer Ben ---
Mike Taylor, Interim Police Chief- planni Police gepaqment process,peproposed proposed conditionsncuofy measures
approval,
Amy Harbin, City Planner
additional public hearings, proposed zoning/locations
... a, City Attorney ......... ._m
Robert rt Tafoy y rne� Legal background of issue
Overview on commercial cannabis businesses, operate
--- 'ons,
Various Industry leaders and experts on Cannabis cultivation, manufacturing and distribution Legal History
1.
of Cannabis
Medical Cannabis Ordinance Nos, 1400 and 1401
August 16, 2017
Page 3
LEGAL HISTORY OF CANNABIS
In 1996, the voters of the state of California approved Proposition 215 (codified as Health and Safety Code
Section 11362.5 and entitled "The Compassionate Use Act of 1996"). The intent of the Compassionate Use Act
("CUA") was to enable persons in need of marijuana for medical purposes to obtain and use marijuana without
the threat of criminal prosecution under limited and specific circumstances. Under the CUA, "qualified
caregivers" are exempted from being prosecuted under Health and Safety Code Section 11357 (possession of
marijuana) and 11358 (cultivation of marijuana) for specified amounts.
On January 1, 2004, the California State Legislature enacted Senate Bill 420 (the "Medical Marijuana Program
Act" or "MMPA") to clarify the scope of the CUA to allow cities and other governing bodies to adopt and to
enforce rules, regulations, and laws consistent with Senate Bill 420.
The California Supreme Court has made it clear that neither the CUA or MMPA expressly or impliedly
preempts the authority of cities or counties, under their traditional land use nor police powers, to allow, restrict,
limit or entirely exclude marijuana cultivation or distribution within their jurisdictions. The MMPA allows
cities and counties to adopt local ordinances that regulate the location, operation or establishment of medical
marijuana collectives and to enforce such ordinances. The safe distribution of marijuana, as contemplated by
the CUA and the safe the safe distribution of marijuana edibles should include consideration of the safety of all
residents and businesses, not just the users of marijuana or the consumer of marijuana edibles. The proposed
ordinance is designed to address safety and professional management in the operation of any proposed cannabis
business.
On October 9, 2015, the Governor signed three pieces of state legislation which comprise the "Medical
Marijuana Regulation and Safety Act" ("MMRSA"): Assembly Bill (AB) 266, Assembly Bill (AB) 243, and
Senate Bill (SB) 643.
1. AB 266 Establishes a dual licensing structure requiring a state license and a local license or land use
permit. The Department of Consumer Affairs will coordinate the overall regulatory structure
establishing minimum health and safety and testing standards.
2. AB 243 establishes a regulatory and licensing structure for cultivation sites under the Department of
Food and Agriculture.
SB 643 establishes criteria for licensing of medical marijuana businesses, regulates physicians, and
recognizes local authority to levy taxes and fees.
Generally and altogether, the MMSRA governs the licensing and control of all medical marijuana business in
the state and approves criminal immunity for licensees. The legislation protects local control in several ways: it
requires dual licensing; local governments may enforce state law in addition to local ordinance (upon request by
the local jurisdiction); and civil and criminal penalties are available for unlicensed activity.
I RO1'OuVTION 64 AND 171' AT I"I;"RA4,4711
In November 2016, California voters passed Proposition 64, hereafter referred to as the "Control, Regulate &
Tax Adult Use of Marijuana Act" ("AUMA"'), allowing the use and cultivation of recreational marijuana in
certain circumstances. On November 8, 2016, the AUMA was approved by California voters with the passage
of Proposition 64.
Medical Cannabis Ordinance Nos. 1400 and 1401
August 16, 2017
Page 4
The AUMA legalizes for persons 21 years or older the right to: (1) smoke or ingest marijuana or marijuana
products; (2) possess, process, transport, purchase, obtain, give away without compensation to persons 21 years
or older, 28.5 grams of marijuana or 8 grams of concentrated marijuana; and (3) possess', plant, cultivate,
harvest, dry, or process up to six (6) living marijuana plants per legal dwelling unit for personal use.
The AUMA permits local jurisdictions to reasonably regulate, but not ban, indoor cultivation of up to six living
marijuana plants within a private residence for personal use. Private residences include a house, apartment unit,
mobile home, or similar dwelling unit. Permitted cultivation activities are not limited to the residence, but may
also be in a greenhouse on the same property, provided it is fully enclosed, secure, and not visible from a public
space. Smoking remains illegal while driving a vehicle, anywhere where smoking tobacco is illegal, and in all
public spaces.
Businesses may sell cannabis for recreational use by acquiring a state and local license. However, under the
proposed zoning and regulatory Ordinances, all dispensaries remai.Nl irohibited In Baldwin Park.
The measure creates two new taxes, one on cultivation and the other on retail price. Revenues from these taxes
will be used on research, treatment, enforcement, health and safety grants addressing marijuana, youth
programs, and preventing environmental damage caused by illegal cannabis production. The tax is $9.25 per
ounce for flowers and $2.75 per ounce for leaves, with the exception of some medical marijuana sales and
cultivation. The second is a 15 percent tax on the retail price of marijuana. Taxes will be adjusted for inflation
starting in 2020.
The United States Justice Department, in 2013, proclaimed it would not target lawful marijuana businesses or
cannabis use in states that legalized marijuana use and also enacted and enforced "robust" regulations
permitting marijuana industries. Local jurisdictions are permitted to regulate and ban outdoor cultivation, until
such time as the United States Attorney General determines that the use of non-medical marijuana is lawful in
California under Federal law.
Additionally, the AUMA creates a California regulatory and licensing system governing the commercial
cultivation, testing, distribution, transportation, manufacturing, and sale of non-medical marijuana and non-
medical marijuana products. No firm timeframe has been established for this licensing system, however,
January 1, 2018, has been indicated as the date by which the State will begin to issue licenses. Additionally,
under the AVMA, the State will have a comprehensive regulatory system for commercial activities (versus
personal) related to non-medical marijuana. The State-run Bureau of Marijuana Control, currently known as the
Bureau of Medical Cannabis Regulation, will have primary oversight for enforcing the AUMA. A State
marijuana license will be valid for one year. A separate State license will be required for each commercial
marijuana business location. With the exception of testing facilities, any person or entity licensed under
AUMA may apply for and be issued more than one type of State license.
On April 28, 2017, the State released draft regulations for businesses to track medical marijuana and medical
marijuana products from seed to sale, for how medical marijuana can be transported, and required security
measures for medical marijuana dispensaries. The comment period is a minimum of 45 days and staff
anticipates it will take some time before the regulations are finalized. Additionally, the Bureau of Medical
Cannabis Regulation is in the process of developing the State's first Cannabis Advisory Committee, which will
help to finalize regulations for medical and non-medical marijuana. As of May 2017, there were 56 pending
State laws regarding marijuana.
Medical Cannabis Ordinance Nos. 1400 and 1401
August 16, 2017
Page 5
MEDICAL AND ADULT -USE CANNABIS REGULATION AND SAFETYACT
Recently, the Governor signed a new bill, SB 94, entitled the "Medical and Adult -Use Cannabis Regulation and
Safety Act" ("MAUCRSA"), which took effect immediately. MAUCRSA melds the State's medical -only
regulations passed by the legislature (a.k.a. MCRSA) with the adult -use rules approved by the voters under
Prop. 64. For the most part, MAUCRSA follows the more flexible, industry -friendly rules of AVMA, such as
allowing applicants to get licenses in different phases of the industry—cultivation, manufacture, distribution
and retailing — rather than restrict so-called "vertical integration" by allowing just a single kind of license, as
under MCRSA. It also eliminates MCRSA's independent distributor requirement, authorizes the issuance of
temporary special -event licenses, and drops the California residency requirement for license applicants.
Under MAUCRSA, applicants have the choice of applying for a medical "Type M" or adult -use "Type A"
license in any category (cultivating, manufacture, etc.). It requires medical and adult -use businesses to operate
separately, however a provision to allow co -location of adult and medical use facilities has been incorporated in
a separate regulatory clean-up bill. AB 64 would: (1) allow medical and adult -use licenses to operate on the
same premises; (2) amend California's Model State Trademark Law to allow trademarks for cannabis products;
and (3) allow existing medical collectives, which must still operate as not -for -profits under SB 420 pending
state regulation, to operate on a for-profit basis immediately.
Currently, California Business & Professions Code §26000, et seq., provides the State's comprehensive system
to control and regulate the cultivation, distribution, manufacturing, processing, and sale of medical marijuana
and adult use marijuana for persons 21 years old and over.
CITY'S REGULATION OF CANNABIS
In addition to adding Medical and Adult Use Cannabis to Industrial and Industrial Commercial zones with a
Permit and Development Agreement, the City is proposing adding Chapter 127 of Title XI of the Municipal
Code. The ordinance contains many safeguards to assure that the City and its citizens are protected and that any
marijuana licensees conduct their businesses safely. Among the safeguards are:
a) No manufacturing or cultivation site will be located with six hundred (600) feet of a school, daycare
center, or youth center. No manufacturing or cultivation site will be within fifty (50) feet of a residential
zone;
b) All manufacturing and cultivation sites will be limited to certain city Industrial (I) and Industrial
Commercial (IC) zones;
C) All manufacturing and cultivation will occur in enclosed, locked structures;
d) All manufacturing and cultivation sites, and operations therein, and all equipment used, must be in
compliance with all applicable state and local laws, including all building, electrical, and fire codes;
e) The use and storage of hazardous materials, including flammable gas, flammable liquefied gas, and
combustible materials, must comply with all the Fire Code standards;
f) All manufacture and cultivation sites are required to be fire sprinkled under the Fire Code standards;
g) From a public right-of-way, there should be no exterior evidence of the manufacture or cultivation of
cannabis, except for any authorized signage;
Medical Cannabis Ordinance Nos. 1400 and 1401
August 16, 2017
Page 6
h) All transportation of cannabis must comply with state law;
i) High standards for granting permits, with many grounds for denial of a permit;
j) Requirements for security cameras to be installed and maintained on sites;
k) Alarm system requirements for sites;
1) Requirements that licensees implement a system to track the cultivation and manufacturing of cannabis,
in order to prevent the licensee from diverting or transporting cannabis to any location not authorized by
state law;
m) Video surveillance requirements;
n) All applicants must execute an agreement indemnifying the City from any claims, damages, injuries, or
liabilities of any kinds associated with operation of the marijuana facilities;
o) Requirements that the facilities maintain insurance, in amounts and types acceptable to the City,
including naming the City as an additional insured;
p) Requiring inspections by the Chief Executive Officer or his designee, law enforcement or their
designees, of the facilities;
q) Control and regulation of noxious odors; and
r) Provide the City-wide powers to summarily suspend or revoke permits, or disqualify an applicant from
the registration process.
TIME IS OF THE ESSENCE
It is important that the City begin the processes related to permitting businesses to manufacture and cultivate
cannabis within its jurisdiction as soon as possible. The City has adopted an aggressive schedule to get the
ordinance effective because any cannabis businesses with a local permit and in operation by January 1,. 2018
will receive preferential treatment by the State when the State begins issuing licenses on January 1, 2018. If a
cannabis business does not have a local permit and be in operation by January 1, 2017, that business will go to
the back of the line for State permits and could wait 12-24 months after January 1, 2018 before getting a State
permit to operate. Therefore, it is critical to have the systems in place for selecting permittees and for issuing
permits by mid-September in order to allow our applicants to get "up and running" by January 1, 2018. It is
believed that the applicants will need several months to build their facility, install cameras and ventilation
systems and perform all the necessary tasks to allow the business to be "in operation."
]?1 VENUE 70 CITY
The expected revenue to the City is estimated to be approximately $330,000.00 for each 22,000 sq. ft. license
for cultivation and manufacturing of cannabis for a total of $4,950,000.00. This estimate is based on 15 permits
being issued by the City, with each cannabis facility covering 22,000 sq. ft.
Medical Cannabis Ordinance Nos. 1400 and 1401
August 16, 2017
Page 7
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
Council may choose to reject the proposed Ordinances altogether or to revise the Ordinances, however, since
the process is timeline for publication, public hearings and approval can be lengthy, completing the process
prior to the January 1, 2018, timeline of the State could be jeopardized by any delays.
ATTACHMENTS
41, Draft Ordinance 1400—Medical and Adult Cannabis Regulations, Chapter 127
#2, Draft Ordinance 1401—Zoning Code Amendment
#3, Map identifying all Industrial Commercial (IC) and Industrial (1) Zoned Properties
EVVYWOMMMOMI-11
ORDINANCE NO. 1400
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER
127, MEDICAL AND ADULT USE CANNABIS, OF TITLE XI,
BUSINESS REGULATIONS TO THE CITY OF BALDWIN
PARK'S MUNICIPAL CODE
WHEREAS, the City of Baldwin Park ("City") and Baldwin Park Municipal Code
(BPMC) currently does not allow medical and adult cannabis cultivation, manufacturing,
distribution uses; and
. WHEREAS, since early 2017, in several City Council Study Sessions, there has
been discussion about amending the City's Municipal Code to allow and regulate
Cannabis Cultivation, Manufacturing and Distribution uses within the City of Baldwin
Park, provided development standards and a Development Agreement are included;
and
WHEREAS, the City of Baldwin Park held five (5) educational and public
outreach sessions at various locations throughout the City to bring awareness to the
community; and
WHEREAS, the educational and public outreach sessions were held at the
Baldwin Park Senior Center, the Baldwin Park Performing Arts Center, and the Baldwin
Park Arts and Recreation Center; and
WHEREAS, each educational and public outreach session had speakers from
the City as well as industry experts who presented information and were available to
answer any questions; and
WHEREAS, Sections 153.120.330.0 and 153.120.330.D should be deleted
because they are in conflict with the proposal to allow Medical and Adult Cannabis
Cultivation, Manufacturing and Distribution uses as proposed; and
WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of
Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies
to projects which "have the potential for causing a significant effect on the environment";
where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA;
and zoning regulations do not constitute the approval of any development project, and
will therefore not result in any physical change in the environment; and
WHEREAS, on August 9, 2017, after conducting a properly noticed public
hearing, the Planning Commission adopted Resolution No. PC 17-13 recommending
that the City Council update the BPMC as it pertains to Medical and Adult Cannabis
Cultivation, Manufacturing and Distribution Uses; and
Ordinance No. 1400
Page 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 127, Medical and Adult Use of Cannabis, of Title XI,
Business Regulations shall hereby be added to the Baldwin Park Municipal Code as
follows:
CHAPTER 127. Medical and Adult Use Commercial Cannabis
127.01: Purpose
A. The purpose of this article is to regulate all commercial cannabis activity in
the City of Baldwin Park, as defined in Section 26000 of the California Business and
Professions Code, to the extent authorized by state law and in a manner designed to
minimize negative impact on the City, and to promote the health, safety, morals, and
general welfare of residents and businesses within the city.
B. This article is further adopted and established pursuant to the specific
authority granted to the City of Baldwin Park in Section 7 of Article XI of the California
Constitution and Section 26000 of the California Business and Professions Code. These
regulations shall govern all commercial cannabis activity that occurs within the
jurisdiction of the City.
127.02: Definitions
Unless otherwise defined herein, the terms in this article shall have the same
meaning as set forth in the MAUCRSA ("Medicinal and Adult -Use Cannabis Regulation
and Safety Act") and any rules promulgated under it. In addition, the following terms
shall be defined as follows:
A. "Adult -Use Cannabis" means the use of cannabis for creational purposes
as distinguished from cannabis for medicinal purposes.
B. "Adult -Use Cannabis Licensee" has the same meaning as that term "A -
licensee" as defined by Section 26001(f) of the California Business and Professions
Code.
C. "Applicant" has the same meaning as that terms is defined by Section
26001(c) of the California Business and Professions Code.
D. "Cannabis" has the same meaning as that terms is defined by Section
26001(f) of the California Business and Professions Code.
E. "City" means the City of Baldwin Park, California.
F. "Chief Executive Officer" shall mean the Chief Executive Officer of the City
or a duly authorized designee.
Ordinance No. 1400
Paqe 3
G. "Code" means the Baldwin Park Municipal Code.
H. "Commercial cannabis activity" has the same meaning as that term is
defined by Section 26001(k) of the California Business and Professions Code, including
the exclusion in Section 19319 of the California Business and Professions Code.
I. "Cultivation site" has the same meaning as that term is defined by Section
26001(m) of the California Business and Professions Code.
J. "Day-care" means any child day care facility other than a family day care
home, and includes infant centers, preschools, extended day care facilities, and school-
age child care centers.
K. "Distribution" has the same meaning as that term is defined by Section 1
2601(r) of the California Business and Professions Code.
L. "Enclosed locked structure," means a structure that: (1) does not allow for
the visibility of the interior from the outside; (2) is secured with a non-residential lock; (3)
is completely surrounded on all sides by a wall (i.e., fully enclosed); and (4) is roofed.
Enclosed locked structures may include greenhouses, provided that only the roof of the
greenhouse is made of transparent glass. All enclosed locked structures shall comply
with the city and state building code, city and state fire code, and all other applicable
laws.
M. "Good cause" for purposes of refusing or denying an initial license under
this chapter, for revoking a permit, or for refusing or denying a permit renewal or
reinstatement, means:
1. The applicant has not obtained approval by the city council of a
development agreement setting forth the general terms for the operation of a business
under this chapter or a licensee breaches the terms of an applicable development
agreement.
2. The applicant or licensee has violated any of the terms, conditions
or provisions of this chapter, state law, any regulations promulgated under state law,
any applicable local rules and regulations, or any special terms or conditions placed
upon its state license, local license, or permit;
3. The licensed premises has been operated in a manner that
adversely affects the public health, safety, or welfare of the immediate neighborhood in
which the establishment is located;
4. The applicant or licensee has knowingly made false statements,
misrepresentations or material omissions on an application form, renewal form, or any
other document submitted to the City;
5. The applicant or licensee's criminal history does not indicate that
the applicant or licensee is of good moral character; or the applicant or licensee has
Ordinance No. 1400
Paae 4
been convicted of an offense that is substantially related to the qualifications, functions,
or duties of the business or profession for which the application is made, except that, if
the local licensing authority has issued a local license to the applicant or licensee, the
City shall not consider any criminal history of the applicant or licensee that was
disclosed to or discovered by the Local licensing authority prior to the issuance of the
local license and is confirmed by the applicant. For any criminal history that was not
disclosed to or discovered by the local licensing authority prior to the issuance of the
local license, or that arose after the issuance of the local license, the City shall conduct
a thorough review of the nature of the crime, conviction, circumstances, and evidence of
rehabilitation of the applicant or licensee, and shall evaluate the suitability of the
applicant or licensee to be issued a permit based on the evidence found through the
review. In determining which offenses are substantially related to the qualifications,
functions, or duties of the business or profession for which the application is made, the
City shall consider the factors as set forth in Section 26057(b)(4) of the California
Business and Professions Code;
6. The applicant or licensee is employing or allowing to volunteer any
person whose criminal history indicates that person is not of good moral character;
7. The applicant or licensee fails to allow inspection of the security
recordings, activity logs, or business records of the licensed premises by city officials; or
8. An applicant or licensee is a licensed physician providing written
documentation to qualified patients for cannabis.
N. "Good moral character" means having a personal history that
demonstrates the propensity to serve the public in the licensed area in a manner that
reflects openness, honesty, fairness, and respect for the rights of others and for the law.
In determining good moral character, the following standards shall apply:
1. A judgment of guilt in a criminal prosecution or a judgment in a civil
action shall not be used, in and of itself, as proof of an individual's lack of good moral
character. Such judgment may be used as evidence in the determination, and when so
used the individual shall be notified and shall be permitted to rebut the evidence by
showing that at the current time he or she has the ability to, and is likely to serve the
public in a fair, honest and open manner, that he or she is rehabilitated, or that the
substance of the former offense is not substantially related to the occupation or
profession for which he or she seeks to be licensed.
2. Notwithstanding Chapter 2 of Division 1.5 of the California Business
and Professions Code, a prior conviction where the sentence, including any term of
probation, incarceration, or supervised release is completed for possession of,
possession for sale, sale, manufacture, transportation, or cultivation of a controlled
substance, is not considered substantially related, and shall not be the sole ground for
denial of a local license, except that any of the following convictions shall be deemed
substantially related and may be the sole grounds for denying a local license or permit:
Ordinance No. 1400
Paae 5
a. A felony conviction for hiring, employing, or using a minor in
transporting, carrying, selling, giving away, preparing for sale, or peddling, any
controlled substance; or
b. A felony conviction for selling, offering to sell, furnishing,
offering to furnish, administering, or giving any controlled substance to a minor; or
C. A felony conviction for drug trafficking with enhancements
pursuant to Section 11370.4 or 11379.8 of the California Health and Safety Code.
d. Conviction for any controlled substance felony subsequent to
issuance of a permit shall be grounds for revocation of a permit or denial of the renewal
of a permit.
O. "Immature marijuana plant" means a marijuana plant, whether male or
female, that has not yet flowered and that does not yet have buds that are readily
observed by unaided visual examination. This is distinguished from a "mature" plant,
which has flowered and has buds.
P. "Licensed Premises" means the premises, consisting of a single or
immediately adjoining parcel(s) as identified by valid street address and Assessor
Parcel Number, specified in an application for a permit under this chapter, which are
owned or in possession of the applicant or licensee and within which the applicant or
licensee is applying for authorization to cultivate, manufacture, distribute, test, or is
applying for multiple permitted uses, in accordance with the provisions of this chapter,
the MAUCRSA, any development agreement approved by city council, and any rules
adopted pursuant thereto.
Q. "Licensee" means a person who has been issued a commercial cannabis
business permit under this chapter for a Licensed Premises.
R. "Limited access area" means a building, room, or other area that is part of
the licensed premises, with limited access.
S. "Manufacture" means to compound, blend, extract, infuse, or otherwise
make or prepare a cannabis product.
T. "Manufacturer" means a licensee that conducts the production,
preparation, propagation, or compounding of cannabis or cannabis products either
directly or indirectly or by extraction methods, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis at a fixed location
that packages or repackages cannabis or cannabis products or labels or relabels its
container.
U. "Medicinal cannabis" has the same meaning as that term is defined by
Section 26001(ai) of the California Business and Professions Code.
Ordinance No. 1400
Paqe 6
V. "Medical cannabis business" means any person engaged in commercial
cannabis activity.
W. "Medicinal and Adult -Use Cannabis Regulation and Safety Act" or
"MAUCRSA" means Division 10 of the California Business and Professions Code,
Section 147.5 of the California Labor Code, Section 31020 of the California Revenue
and Taxation Code, Section 12029 of the California Fish and Game Code, Sections
11362.769 and 11362.777 of the California Health and Safety Code, and Section 13276
of the California Water Code.
X. "Outdoors" means any location within the City that is not within an
enclosed structure.
Y. "Owner" means any of the following, pursuant to Section 26001 (al) of the
California Business and Professions Code:
1. A person with an aggregate ownership interest of 20 percent or
more in the person applying for a license or a licensee, unless the interest is solely a
security, lien, or encumbrance.
2. The Chief Executive Officer of a nonprofit or other entity.
3. A member of the board of directors of a nonprofit.
4. An individual who will be participating in the direction, control, or
management of the person applying for a license.
Z. "Person" has the same meaning as that term is defined by Section
26001 (an) of the California Business and Professions Code.
AA. "Permit" means a "cannabis permit" that authorizes an entity to conduct
commercial cannabis activity under this chapter.
BB. "Physician" as used in this chapter, shall mean an individual who
possesses a license in good standing to practice medicine or osteopathy from the state
of California.
CC. "State law(s)" means and include California Health and Safety Code
Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code
Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); the California Attorney
General's Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical
Use issued in August, 2008, as such guidelines may be revised from time to time by
action of the Attorney General; MAUCRSA, and all other applicable laws of the state of
California.
DD. "State license" has the same meaning as that term is defined by Section
26001(y) of the California Business and Professions Code.
Ordinance No. 1400
Page 7
EE. "State licensing authority" shall mean the Bureau of Cannabis Control
within the Department of Consumer Affairs, the Department of Public Health,
Department of Food and Agriculture, or any other state agency responsible for the
issuance, renewal, or reinstatement of a local license issued pursuant to Chapter 1 of
Division 10 of the California Business and Professions Code or any state agency
authorized to take disciplinary action against such local license.
FF. "Written documentation" shall have the meaning set forth in Section I
1362.7(i) of the California Health and Safety Code.
GG. "Youth center" means any public or private facility that is primarily used to
host recreational or social activities for minors, including, but not limited to, private youth
membership organizations or clubs, social service teenage club facilities, video arcades,
or similar amusement park facilities.
127.03: Relationship to Other Laws
Except as otherwise specifically provided herein, this chapter incorporates the
requirements and procedures set forth in Chapter 1 (commencing with Section 26000)
of Division 10 of the California Business and Professions Code. In the event of a conflict
between the provisions of this chapter, State law controls.
127.04: Outdoor Cultivation
It is hereby declared to be unlawful, a public nuisance, and a violatign of this
chapter for any person owning, leasing, occupying, or having charge or possession of
any parcel within any zoning district in the City to cause or allow such premises to be
used for the outdoor cultivation of marijuana plants.
127.05: Permitted Use
A. Cannabis businesses shall only be permitted to operate in the city
following issuance of a Permit approved by the City Council or staff designee and a
business license issued by the City in accordance with the criteria and procedures set
forth in Chapter -4 127 of this code and in compliance with the Baldwin Park Municipal
Code. No land -use entitlement, permit (including building permit) approval, site plan,
certificate of occupancy, zoning clearance, or other land -use authorization for a medical
cannabis business shall be granted or permitted unless it complies with the provisions
of this chapter and the applicable building standards and the Baldwin Park Municipal
Code. If there is a conflict between the requirements of another chapter and this
chapter, the requirements of this Chapter 127 prevail.
B. All persons who are engaged in or who are attempting to engage in
commercial cannabis activity in any form shall do so only in strict compliance with the
terms, conditions, and restrictions of the MAUCRSA, the provisions of this Chapter 127,
and all other applicable state and local laws.
Ordinance No. 1400
Page 8
C. The Chief Executive Officer is authorized to make policies and procedures
consistent with the intent and spirit of this chapter concerning the applications, the
application process, the information required of applicants, the application procedures
and the administration and procedures to be used and followed in the application and
process.
127.06: Development Agreement Required
Prior to operating in the City and as a condition of issuance of a Permit, the
applicant shall enter into a development agreement with the City setting forth the terms
and conditions under which the facility will operate that is in addition to the requirements
of this chapter, including, but not limited to, public outreach and education, community
service, payment of fees and other charges as mutually agreed upon, approval of
architectural plans (including site plan, floor plan, and elevation, to conform with
manufacturing uses under the Baldwin Park Municipal Code), and such other terms and
conditions that will protect and promote the public health, safety, and welfare of all
persons in the City.
127.07: Permitted Zones -Distance and Other Conditions for Approval
No more than 10 (ten) Licensed Premises for each permitted use may be
allowed, maintained, or operated in the City at any time. If there is a conflict between
the requirements of this chapter and any other chapter, the requirements of this chapter
shall prevail.
A. Manufacturing Site.
1. No manufacturing shall be located within 600 feet of a school,
day-care center, or youth center (as defined in Section 11353.1 of the Health and Safety
Code or within 50 feet of a residential zone, in conformance with State law.
2. Subject to the distance and other requirements of this chapter and
the Code, a licensed use may only be located on a property within the Industrial (1) and
Industrial -Commercial (I -C) zones, and following the application for and granting of a
development agreement by the city council and a business permit in accordance with
this chapter. The proposed use shall comply with the minimum requirements set forth in
this chapter for distance separations between manufacturing sites and other specific
land uses.
3. All manufacturing of cannabis shall occur in an enclosed structure.
4. Licensed sites shall not exceed the 22,000 square feet authorized
pursuant to the controlling development agreement.
5. From a public right-of-way, there should be no exterior evidence of
the manufacturing of cannabis or manufactured cannabis except for any signage
authorized by this Code.
Ordinance No. 1400
Pape 9
6. All licensed sites shall comply with the city's lighting standards
including, without limitation, fixture type, wattage, illumination levels, shielding, and
secure the necessary approvals and permits as needed.
7. All windows on the licensed premises of the manufacturing site
shall be appropriately secured and all cannabis securely stored.
8. A licensed site, all operations conducted therein, and all equipment
used must be in compliance with all applicable state and local laws, including all
building, electrical, and fire codes.
9. If hazardous materials, flammable gas, flammable liquefied gas,
flammable and combustible liquids, or other flammable material, as those terms are
defined in CFC Section 202, are to be used in the processing of medical cannabis or
adult use, then the provisions of CFC Section 407 shall be applicable where hazardous
materials subject to permits under CFC Section 50 (Hazardous Materials) are located
on the licensed premises.
10. Storage, use, and handling of compressed gases in compressed
gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53.
Partially full compressed gas containers, cylinders or tanks containing residual gases
shall be considered as full for the purposes of the controls required. Compressed gases
classified as hazardous materials shall also comply with CFC Chapter 50 for general
requirements and CFC Chapter 53 addressing specific hazards, including CFG Chapter
58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC
Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC
Chapter 64 (Pyrophoric Materials). A manufacturer shall prevent, control and mitigate
dangerous conditions related to storage, use, dispensing, mixing and handling of
flammable and combustible liquids shall be in accordance with CFC Chapters 50 and
57.
11. Licensed sites are permitted under this chapter under a Group F-1
(Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. All new
construction shall be fire sprinkled per the Fire Code. For manufacturing sites that will
be sited in an existing structure, an automatic sprinkler system shall be provided
throughout all buildings containing a Group F-1 occupancy where one of the following
conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b, A Group F-1 fire area is located more than three stories
above grade plane.
C. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 24,000 square feet.
Ordinance No. 1400
Paqe 10
B. Cultivation Sites.
1. No cultivation site shall be located within 600 feet of a school, day-
care center, park, or youth center, or within 50 feet of a residential zone, in conformance
with state law.
2. Subject to the distance and other requirements of this chapter and
the Code, a cultivation site may only be located on a property within the Industrial (1)
and Industrial -Commercial (I -C) zones, and following the application for and granting of
a development agreement by the city council and a business permit in accordance with
this chapter. The proposed use will comply with the minimum requirements set forth in
this chapter for distance separations between manufacturing sites and other specific
land uses.
3. All cultivation of cannabis shall occur in an enclosed locked
structure.
4. Cultivation sites shall not exceed the 22,000 square feet authorized
pursuant to the permit.
5. From a public right-of-way, there should be no exterior evidence of
the cultivation of medical and adult use cannabis except for any signage authorized by
this chapter.
6. All cultivation sites shall comply with the city's lighting standards
including, without limitation, fixture type, wattage, illumination levels, shielding, and
secure the necessary approvals and permits as needed.
7. All windows on the licensed premises of a cultivation site shall be
appropriately secured and all cannabis securely stored.
8. Areas where cannabis is cultivated are wet locations, and the
electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of
the National Electric Code, City and California building codes, fire codes, electrical
codes and all other applicable laws.
9. Cultivation sites are under a Group F-1 (Factory Industrial
Moderate -Hazard) Occupancy under the Fire Code. All new construction is required to
be fire sprinkled under the Fire Code. For cultivation sites that will be sited in an existing
structure, an automatic sprinkler system shall be provided throughout all buildings
containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than 3 stories above
grade plane.
Ordinance No. 1400
Paae 11
C. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 24,000 square feet.
In addition to a Manufacturing or Cultivation permit, a cannabis business
applicant may apply for another use as permitted by MAUCRSA, a development
agreement approved by City council, this chapter, and any rules adopted pursuant
thereto
C. Distribution of Cannabis. A cannabis distribution licensee shall carry or
move cannabis within the city in accordance with MAUCRSA and State regulations.
D. Nonconforming Use. Any cannabis business or cannabis dispensary
established or operating in the city in violation of this Chapter or the ban established by
Part 10, of Chapter 153 Section 153.120.320 of the Baldwin Park Zoning Code, shall
not be considered a lawful or permitted nonconforming use, and no cannabis business
operating unlawfully is eligible for a cannabis business permit. Further, any such
unlawfully established cannabis business shall constitute a public nuisance subject to
abatement by the City, pursuant to Chapter 95, Section 95.09.
E. Distances. All distances specified in this section shall be measured in the
following manner:
1. For schools, day-care centers, parks, or youth centers, the distance
shall be measured in a straight line from the subject property line to the closest property
line of the lot on which the cannabis business is to be located without regard to
intervening structures.
m
2. For determining distance to residential zones, the distance shall be
measured from the nearest point of the parcel or property in a residential zone to the
closest property line of the lot on which the cannabis business is to be located without
regard to intervening structures.
127.08: No Transfer or Change in Ownership or Location.
An owner of a cannabis business who obtains a permit under this chapter may
not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her
ownership interest in the medical cannabis business covered by any permit issued
under this chapter.
127.09: Changing, Altering, or Modifying Location
A. Persons permitted pursuant to the provisions of this chapter or those
making application for such permits, must demonstrate proof of lawful possession of the
location. Evidence of lawful possession consists of properly executed deeds of trust,
leases, or other written documents.
B. The location shall only be the geographical area that is specifically and
accurately described in executed documents verifying lawful possession. No Licensee is
Ordinance No. 1400
Paqe 12
authorized to relocate to other areas or units within a building structure without first filing
a change of location application and obtaining approval from the city council, regardless
of any possessory interest or right to possession to such additional space. No Licensee
shall add additional units or areas, thereby altering the initially approved premises,
without filing an application to modify the location on forms prepared by the Chief
Executive Officer, and paying any applicable processing fees.
C. Subletting Not Authorized. No Licensee is authorized to sublet any
portion of any Licensed Premises for any purpose, unless all necessary forms and
application to modify the existing location to accomplish any subletting have been
approved by the city council.
D. Application Required to Alter or Modify Licensed Premises. After
issuance of a permit, the licensee shall not make any physical change, alteration, or
modification of the Licensed Premises that materially or substantially alters the
premises, production estimates, or the usage of the premises from the plans originally
approved with the development agreement, without the prior written approval of the city
council or its designee. The Licensee whose premises are to be materially or
substantially changed is responsible for filing an application for approval on current
forms provided by the City.
E. What Constitutes a Material Change. Material or substantial changes,
alterations, or modifications requiring approval include, but are not limited to, the
following:
1. Any increase or decrease in the total physical size or capacity of
the location;
2. The sealing off, creation of, or relocation of a common entryway,
doorway, passage, or other such means of public ingress and/or egress, when such
common entryway, doorway, or passage alters or changes limited access areas, such
as the cultivation within the Licensed Premises;
3. The installation or replacement of electric fixtures or equipment, the
lowering of a ceiling, or electrical modifications made for the purpose of increasing
power usage to enhance cultivation activities.
F. Application. The city council or its designee may grant approval for the
types of changes, alterations, or modifications described herein upon the filing of an
application by the Licensee and payment of any applicable fee. The Licensee must
submit all information requested by the city council or its designee including but not
limited to documents that verify the following:
1. The Licensee will continue to have exclusive possession of the
premises, as changed, by ownership, lease, or rental agreement, and sole control of all
production; and
Ordinance No. 1400
Paqe 13
2. The proposed change conforms to any and all City restrictions
related to the time, manner, and place of regulation of the commercial cannabis activity.
127.10: Grounds for Denial of Permit -Additional Conditions Imposed
A. The Chief Executive Officer or designee may reject an application upon
making any of the following findings:
1. The applicant made one or more false or misleading statements or
omissions on the registration application or during the application process;
2. The applicant's business entity, if applicable, is not properly
organized in strict compliance pursuant to the applicable law, rules, and regulations;
3. The applicant fails to meet the requirements of this chapter or any
regulation adopted pursuant to this chapter;
4. The applicant's facility or its location is in violation of any building,
zoning, health, safety, or other provision of this Code, or of any state or local law or the
facility or its location is not permitted in the proposed area, or the issuing or continuation
of a permit would be contrary to the public health, welfare, safety, or morals;
5. The applicant, or any of its officers, directors, owners, managers, or
employees is under twenty-one (21) years of age;
6. The applicant, or any of its officers, directors, or owners, or any
person who is managing or is otherwise responsible for the activities of the Licensed
Premise, or any employee who participates in the dispensing, cultivation, processing,
manufacturing, delivery, or transporting of medical marijuana or who participates in the
daily operations of the medical and adult use marijuana facility, has been convicted of a
violent felony, a felony or misdemeanor involving fraud, deceit, embezzlement, or moral
turpitude;
7. The applicant or any of its officers, directors, owners, or managers
is a licensed physician making patient recommendations for cannabis;
8. The applicant or any of its officers, directors, owners, or managers
has been sanctioned by the City, the State of California, or any county for unregistered
medical marijuana activities or has had a registration revoked under this chapter in the
three (3) years;
9. The applicant did not pay to the City the required application and
processing fees;
10. Good cause exists to reject the application, as defined in this
chapter.
Ordinance No. 1400
. Page 14
11. Applicant's application does not reflect the purpose of this chapter,
to promote the health, safety, morals, and general welfare of residents and businesses
within the City.
127.11: Security
A. General Security Requirements
1. Security cameras shall be installed and maintained in good working
condition, and used in an on-going manner with at least 240 continuous hours of
digitally recorded documentation in a format approved by the Chief of Police and/or his
designee. The cameras shall be in use 24 hours per day, 7 days per week. The areas to
be covered by the security cameras include, but are not limited to, the storage areas,
manufacturing or cultivation areas, all doors and windows, and any other areas as
determined by the Chief of Police and/or his designee.
2. Entrances to any storage areas shall be locked at all times and
under the control of Licensee's staff.
3. The business entrance(s) and all window areas shall be illuminated
during evening hours. The applicant shall comply with the City's lighting standards
regarding fixture type, wattage, illumination levels, shielding, etc., and secure the
necessary approvals and permits as needed.
4. All windows on the Licensee's building shall be un-openable or
locked and all product securely stored.
5. Each Licensee shall implement a system to track the cultivation and
manufacturing of cannabis in order to prevent the Licensee from diverting or
transporting cannabis to any location not authorized by state laws or any local law or
regulation.
6. All waste and disposal containers shall be stored in a secure area,
and under the control of Licensee's staff.
B. Security Alarm Systems - Minimum Requirements
1. Each Licensed Premises shall have a Security Alarm System,
installed by a licensed alarm company, which triggers and alerts the alarm company, on
all premises entry points and windows.
2. Each Licensed Premises must be continuously monitored..
3. The Licensed Premises shall maintain up-to-date records and
existing contracts on the premises that describe the location and operation of each
security alarm system, a schematic of security zones, the name of the licensed alarm
company, and the name of any vendor monitoring the premises.
Ordinance No. 1400
Paoe 15
4. Upon request, each Licensee shall make available to the Chief
Executive Officer or any state or local law enforcement agency, for a purpose
authorized by this chapter or state or local law enforcement purpose, all information
related to security alarm systems, recordings, monitoring, and alarm activity.
C. Lock Standards -Minimum Requirement. On all doors, the Licensee
shall ensure the use of commercial -grade, nonresidential door locks.
D. Video Surveillance Requirements:
1. Prior to exercising the privileges of a permit under this chapter, an
applicant must install fully operational video surveillance and camera recording system.
The recording system must record in digital format and meet the requirements outlined
in this Section.
2. All video surveillance records must be stored in a secure area that
is only accessible to the management staff of the Licensed Premises.
3. Video surveillance records and all recordings must be made
available upon request to the Chief of Police or any other state or local law enforcement
agency for a purpose authorized by this chapter or for any other state or local law
enforcement purpose.
4. Video surveillance records shall be held in confidence by all
employees and representatives of the Chief Executive Officer, except that the Chief of
Police or his designee may provide such records and recordings to a state or local law
enforcement agency for a purpose authorized by this Chapter or for a state or local law
enforcement purpose.
5. A sign shall be posted in a conspicuous place near each point of
public access that shall be not less than 12 inches wide and 12 inches high, composed
of letters not less than one inch in height, stating "All Activities Monitored by Video
Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all
persons entering the Licensed Premises that a video surveillance and camera recording
system is in operation at the MCCC and recording all activity as provided in this Section.
6. The Licensed Premises should use video surveillance equipment
and a camera system that can be accessed remotely 24 hours a day by the Baldwin
Park Police Department and the City, as specified in each development agreement.
E. Video Surveillance Equipment
1. Video surveillance equipment shall, at a minimum, consist of digital
or video recorders, cameras capable of meeting the recording requirements described
in this section, video monitors, digital archiving devices, and a color printer capable of
delivering still photos.
Ordinance No. 1400
Paoe 16
2 All video surveillance systems must be equipped with a failure
notification system that provides prompt notification to the Licensed Premises of any
prolonged surveillance interruption and/or the complete failure of the surveillance
system.
3. Licensed Premises are responsible for ensuring that all surveillance
equipment is properly functioning and maintained so that the playback quality is suitable
for viewing and the surveillance equipment is capable of capturing the identity of all
individuals and activities in the monitored areas.
4. All video surveillance equipment shall have sufficient battery
backup to support a minimum of 4 hours of recording in the event of a power outage.
F. Placement of Cameras and Required Camera Coverage
1. Camera placement shall be capable of identifying activity occurring
within 20 feet of all points of ingress and egress and shall allow for the clear and certain
identification of any individual and activities on the Licensed Premises.
2. All entrances and exits to the facility shall be recorded from both
indoor and outdoor vantage points.
3. The system shall be capable of recording all pre -determined
surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis
cultivation area, a rotating schedule of lighted conditions and zero -illumination can occur
as long as ingress and egress points to those areas remain constantly illuminated for
recording purposes.
4. Areas in which cannabis is grown, tested, cured, manufactured, or
stored shall have camera placement in the room facing the primary entry door at a
height that provides a clear, unobstructed view of activity without sight blockage from
lighting hoods, fixtures, or other equipment.
5. Cameras shall also be placed at each location where weighing,
packaging, transport, preparation, or tagging activities occur.
6. At least one camera must be dedicated to record the access points
to the secured surveillance recording area.
7. All outdoor cultivation areas must meet the same video surveillance
requirements applicable to any other indoor Limited -Access Areas.
G. Location and Maintenance of Surveillance Equipment
1. Surveillance recording equipment must be housed in a designated,
locked and secured room or other enclosure with access limited to authorized
employees, agents of the Chief Executive Officer, state or local law enforcement
Ordinance No. 1400
Paae 17
agencies for a purpose authorized by this chapter or for any other state or local law
enforcement purpose, and service personnel or contractors.
2. The Licensee must keep a current list of all authorized employees
and service Personnel who have access to the surveillance system and/or room on the
Licensed Premises. Licensed Premises must keep a surveillance equipment
maintenance activity log on the Licensed Premises to record all service activity, with the
identity of the individual(s) performing the service, the service date and time, and the
reason for service to the surveillance system.
3. Off-site monitoring and video recording storage of the Licensed
Premises or an independent third -party is authorized as long as standards exercised at
the remote location meets or exceeds all standards for on-site monitoring.
4. Each Licensed Premises located in a shared building must have a
separate surveillance room/area that is dedicated to that specific Licensed Premises. All
minimum requirements for equipment and security standards as set forth in the section
apply to the review station.
H. Video Recording and Retention Requirements
1. All camera views of all recorded areas must be continuously
recorded 24 hours a day.
2. All surveillance recordings must be kept for a minimum of 90 days
and be in a format that can be easily accessed for viewing on premises. Video
recordings must be archived in a format that ensures authentication of the recording as
legitimately -captured video and guarantees that no alteration of the recorded image has
taken place.
3. The surveillance system or equipment must have the capabilities to
produce a color still photograph from any camera image, live or recorded.
4. The date and time must be embedded on all surveillance
recordings without significantly obscuring the picture.
5. Time is to be, measured in Pacific Standard Time in accordance
with the U.S. National Institute of Standards and Technology.
6. After the 90 -day surveillance video retention schedule has lapsed,
surveillance video recordings must be erased or destroyed prior to being discarded or
disposed of for any other purpose. Surveillance video recordings may not be destroyed
if the Licensed Premises knows or should have known of a pending criminal, civil, or
administrative investigation or any other proceeding for which the recording may contain
relevant information.
Ordinance No. 1400
Paae 18
Other Records
All records applicable to the surveillance system and cannabis tracking system
shall be maintained on the Licensed Premises. At a minimum, Licensed Premises shall
maintain a map of the camera locations, direction of coverage, camera numbers,
surveillance equipment maintenance activity log, user authorization list, and operating
instructions for the surveillance equipment.
127.12: Fees and Charges.
A. Prior to operating in the City, the operator of each Licensed Premises shall
timely and fully pay all fees associated with the establishment of that business. The fees
shall be as set forth in the schedule of fees and charges established by resolution of the
city council, including, but not limited to, the following:
1. Application fee for accepting a registration application, due and
payable in full at the time an application is submitted;
2. Processing fee for the cost to the city of processing an application
and reviewing, investigating, and scoring each application in accordance with any
evaluation system to determine eligibility for issuance of a Permit, due and payable in
full at the time a registration application is submitted;
3. Permit issuance fee for the cost to the City of preparing a
development agreement, city council review and approval of the development
agreement and the Permit, and preparation and issuance of the Permit as authorized by
the city council, due and payable in full at the time the city issues a Permit;
4. Amended registration fee for the cost to the city of reviewing
amendments or changes to the registration form previously filed on behalf of the
Licensed Premises; due and payable in full at the time amendments or changes to any
Permit form is submitted to the city;
5. Permit renewal fee for the cost to the city of processing an
application to renew a Permit; due and payable in full at the time application is made to
renew a Permit;
6. Any fees for inspection or investigation that are not included within
the other fees associated with registration; due and payable in full upon request of the
city; and
7. Any fees set forth in the applicable development agreement.
127.13: Limitations on City's liability
A. To the fullest extent permitted by law, the City does not assume any
liability whatsoever, with respect to approving any permit pursuant to this chapter or the
operation of any cannabis facility approved under to this chapter.
Ordinance No. 1400
Page 19
B. As a condition of approval of a permit as provided in this chapter, the
applicant or its legal representative shall do the following:
1. Execute an agreement indemnifying the City from any claims,
damages, injuries, or liabilities of any kind associated with the registration or operation
of the cannabis facility or the prosecution of the medical marijuana facility or its owners,
managers, directors, officers, employees, or its qualified patients or primary caregivers
for violation of federal or state laws;
2. Maintain insurance in the amounts and of the types that are
acceptable to the city council or designee;
3. Name the City as an additional insured on all City -required
insurance policies;
4. Agree to defend, at its sole expense, any action against the City, its
agents, officers, and employees related to the approval of a regulatory permit; and
5. Agree to reimburse the City for any court costs and attorney fees
that the city may be required to pay as a result of any legal challenge related to the
city's approval of the Licensee's regulatory permit. The City may, at its sole discretion,
participate at its own expense in the defense of any such action, but such participation
shall not relieve the operator of its obligation hereunder.
127.14. Inspections
A. The Chief Executive Officer, law enforcement, or their designees shall
have the right to enter all Licensed Premises from time to time unannounced during the
facility's hours of operation for the purpose of making reasonable inspections to observe
and enforce compliance with this chapter, to inspect and copy records required to be
maintained under this chapter, or to inspect, view, and copy recordings made by
security cameras, all without requirement for a search warrant, subpoena, or court
order, and subject to appropriate fees as specified in the development agreement of
under the Baldwin Park Municipal Code.
B. Operation of a Licensed Premises in noncompliance with any conditions of
approval or the provisions of this chapter shall constitute a violation of the Code and
shall be enforced pursuant to the provisions of this Code.
C. The Chief Executive Officer or designee may summarily suspend or
revoke a Permit, or disqualify an applicant from the registration process, or elect not to
renew a regulatory permit if any of the following, singularly or in combination, occurs:
1. The Chief Executive Officer or designee determines that the
cannabis facility has failed to comply with any requirement of this chapter or the
approved development agreement, any condition of approval or a circumstance or a
situation has been created that would have permitted the Chief Executive Officer or
Ordinance No. 1400
Paqe 20
designee to deny the regulatory permit under this chapter or elect not to renew or
revoke the permit under this chapter;
2. The Licensee or applicant has conducted itself or 'is being
conducted in a manner that creates or results in a public nuisance;
3. The Licensee Premises ceased operations for more than 90
calendar days, including during change -of -ownership proceedings;
4. Ownership is changed without the new owners applying for and
securing a new permit under this chapter;
5. The Licensee relocates to a different location or premises; and
6. The Licensee fails to allow inspection or copying of the security
recordings, the activity logs or records required to be kept under this chapter, or denies
entry to the premises to city officials authorized to inspect the premises.
D. Abatement
The City shall initiate abatement proceedings as authorized by the Code if
necessary to correct any violation of this chapter or Code.
E. Violation Deemed Misdemeanor -Penalty
Any person violating any of the provisions of this chapter or any applicable rule in
this chapter or Code, shall be guilty of a misdemeanor, and upon conviction thereof
shall be punishable by the maximum penalties provided for in the Penal Code section
19.
127.15: Public Nuisance Prohibited
It is hereby declared to be unlawful and a public nuisance for any person owning,
leasing, occupying, or having charge of any parcel within the City to create a public
nuisance in the course of cultivating marijuana plants or any part thereof in any location,
indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:
A. Odors which are disturbing to people of reasonable sensitivity or present
on adjacent or nearby property or areas open to the public.
B. Repeated responses to the parcel by law enforcement personnel.
C. A repeated disruption to the free passage of persons or vehicles in the
neighborhood, excessive noise which is disturbing to people of normal sensitivity on
adjacent or nearby property or areas open to the public.
D. Any other impacts on the neighborhood that are disruptive of normal
activity in the area including, but not limited to, grow lighting visible outside the dwelling,
Ordinance No. 1400
Paqe 21
excessive vehicular traffic or parking occurring at or near dwelling, and excessive noise
emanating from the dwelling.
E. Outdoor growing and cultivation of marijuana.
127.16: Appeals
Any decision regarding or pertaining to the permit process set forth in this
chapter, or any action taken by the Chief Executive Officer or designee pursuant hereto,
may be appealed to the city council. Such appeal shall be taken by filing with the city
clerk, within ten (10) days after notice of the action or decision complained of has been
issued, a written statement setting forth the grounds for the appeal. The city clerk shall
transmit the written statement to the city council, and at its next regular meeting, the
council shall set a time and place for a hearing on the appeal. Notice of the time and
place of such hearing shall be mailed to the appellant. The decision of the city council
on such appeal shall be final and binding on all parties concerned.
127.17: Statewide Regulation.
This chapter, and the provisions herein, shall be read consistent with any
statewide regulation of medical cannabis/marijuana that is promulgated by the
legislature or by voter approval in the future. This ordinance shall govern the conduct of
a business allowed to operate a commercial cannabis activity in the City.
127.18: Interpretation.
The provisions of this chapter shall be read to be consistent with State laws, this
chapter, and this Code. At no time shall a commercial cannabis business in compliance
with state law and this Code be deemed to be an unlawful business.
127.19: Severability.
Should any provision of this chapter, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this chapter or the application of this chapter to any other person or
circumstance, and the provisions of this chapter are severable.
SECTION 3. Except as expressly modified pursuant to this Ordinance, all other
provisions of the Municipal Code, except where expressly modified by ordinance, shall
remain unmodified and in full force and effect. All ordinances in conflict with the
provisions hereof are superseded to the extent of such conflict.
SECTION 4. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each and every section, subsection, sentence,
Ordinance No. 1400
Paqe 22
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion or the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. This Ordinance shall be effective thirty (30) days 'after its
enactment.
PASSED AND APPROVED ON THE day of
MANUEL LOZANO, MAYOR
ATTEST.-
ALEJANDRA
TTEST;
ALEJANDRA AVILA,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
2017
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a
Special meeting of the City Council on August 10, 2017. Thereafter, said Ordinance
No. 1401 was duly approved and adopted at a regular meeting of the City Council
on- ._..... j 2017 by the following vote:
AYES: COUNCILMEMBER:
NOES; COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ALEJANDRA AVILA,
CITY CLERK
FAI M JWQ�
ORDINANCE NO. 1401
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN
PARK MUNICIPAL CODE, TABLE 153.050.020 AND THE
DELETION OF SUBSECTIONS 153.120.330.0 AND
153.120.330.D OF THE CITY'S MUNICIPAL CODE
WHEREAS, the City of Baldwin Park ("City") and Baldwin Park Municipal Code
(BPMC) currently does not allow medical and adult cannabis cultivation, manufacturing,
distribution uses; and
WHEREAS, since early 2017, in several City Council Study Sessions, there has
been discussion about amending the City's Municipal Code to Cannabis Cultivation,
Manufacturing and Distribution uses within the City of Baldwin Park, provided
development standards are included; and
WHEREAS, the City of Baldwin Park held five (5) educational and public
outreach sessions at various locations throughout the City to bring awareness to the
community; and
WHEREAS, the educational and public outreach sessions were held at the
Baldwin Park Senior Center, the Baldwin Park Performing Arts Center, and the Baldwin
Park Arts and Recreation Center; and
WHEREAS, each educational and public outreach session had speakers from
the City as well as industry experts who presented information and were available to
answer any questions; and
WHEREAS, Sections 153.120.330.0 and 153.120.330.D should be deleted
because they are in conflict with the proposal to allow Medical and Adult Cannabis
Cultivation, Manufacturing and Distribution uses as proposed; and
WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of
Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies
to projects which "have the potential for causing a significant effect on the environment";
where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA;
and zoning regulations do not constitute the approval of any development project, and
will therefore not result in any physical change in the environment; and
WHEREAS, on August 9, 2017, after conducting a properly noticed public
hearing, the Planning Commission adopted Resolution No. PC 17-13 recommending
that the City Council update the BPMC as it pertains to Medical and Adult Cannabis
Cultivation, Manufacturing and Distribution Uses; and
Ordinance No. 1401
Paoe 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 153 ("Zoning Code") Subsection 153.150, Table
153.050.020 entitled "Permitted and Conditionally Permitted Uses within Commercial
and Industrial Zones" within the Baldwin Park Municipal Code shall be amended to
include Medical and Adult Cannabis Cultivation, Manufacturing and Distribution Uses
with Development Agreement, and the additional regulations, pursuant to Chapter 127,
Title XI of the City's Municipal Code, and shall read as follows:
TABLE 153.050.020
p
Permitted
use
Permitted and Conditionally Permitted
CUP
Conditional
use
permit required
Uses within Commercial and
A
Accessory
use
Industrial Zones
--
Use
not allowed
Additional
Land. Use
C-1
C-2
F -C
I -C
I
Regulations
Acupressure/Acupuncture Establishments
Adult -Oriented Businesses
.,_
n
-
--
P
P
153.120 Part 1
- ..........................
Alcohol Sales
153.120 Part 2
a. On -Sale Outlets
CUP
CUP
CUP
CUP
CUP
b. Off -Sale Outlets
w .......... ........._ m...._nmm .._
CUP
CUP
CUP
CUP
CUP
— ....
Antique Shops f
P
--
P
--
Arcades and Internet Ca fes
...... .__...... __ - ..
-
........................
CUP
--
�.......
CUP
--
153.120 Part 3
--- ..............
Art/ Photography Stores, Studios and Galleries
--
P
P
P
--
Astrologyand Fortunetell ing Establishments
--
CUP
Automotive Sales and Services
Automotive wash
a. Automotive Detailing
µ
CUP
-
CUP
_
accessory to a
b. Automotive Repair and Installation
_
CUP
-
CUP
CUP
permitted sales or
c. Automotive Sales, Rental and Leasing
-
_-
CUP
CUP
CUP
rental facility is
(new)
permitted.
d., Automotive Sales, Rental and Leasing
-
-
--
CUP
CUP
No more than one
(used)
automobile towing
e. Automotive Parts Supply Stores
P
P
P
P
P
facility shall be
f, Automotive Washes
CUP
CUP
CUP
permitted within a
g. Automobile Towing and Accessory Vehicle
-
-
CUP
-
radius of 3,000 feet,
Storage
and have a perimeter
block wall.
Banks and Financial Institutions
P
P
P
P
...... .._ __.._... ............... ........... ..
Boat Sales (new or used)
-11._ _ -..... ,..
-
CUP
CUP
CUP
CUP
Business Support Services (blueprinting,
P
P
P
P
computer -services, publishing, film processing,
equipment rental, etc.)
Ordinance No. 1401
Paae 3
TABLE 153.050.020
P
Permitted
use
Permitted and Conditionally Permitted
CUP
Conditional
use permit
required
Lases within Commercial and
A
Accessory
use
Industrial Zones
w
Use
not allowed
Additional
Land Use
C-1
C-2
F -C
I -C
I
Regulations
Catering Establishments
P
P
P
�-
Commercial Entertainment (motion picture
--
CUP
CUP
CUP
--
theaters, performing arts centers, dance halls)
e..._,..,._
' Health Facilities
Livin
Congregate g
—_
CUP
CUP
--
--
--
Day Care Facilities Child
CUP
CUP
153.120 Part 6
Day Care Facilities - Adult
.....�__ ........ - ............................................. ..,,,,,�
CUP
CUP
--
-
-
Drive-throughEstablishments
m.......- ..-„m� _ - —
-
CUP
CUP
CUP
CUP
153.120 Part 7
Drug Stores and Pharmacies
P
P
CUP
P
--
Educational Institutions
a. College, University, Professional
--
CUP
CUP
CUP
153.040.030
b.' Elementary and Secondary (private)
--
CUP
-
CUP
-
153.040.030
C, Elementary and Secondary (public)
P
P
P
P
P
d. Vocational and Trade Schools
--
--
-
CUP
CUP
153.040.030
..... m_____._ ....
Emergency Shelters
_....._..._. _' .'_.. _..�....._ ..........
� ....
.....
......._ .....
P
_.m_„m
,,,,, _....__........._.
153.120 Part 16
Equipment Sales, Rental or Repair - Large
--
-
CUP
CUP
Equipment
-, m.—.....u...... .....
Equipment Sales, Rental or Repair (excludes
-
P
P
P
P
automotive and large equipment)
Food and Beverage Sales
a. Grocery Stores (includes large, full-service
-
P
CUP
P
P
markets)
b. Specialty Stores (deli, coffee, bakery,
P
P
P
P
P
produce)
C. Convenience Stores
CUP
CUP
CUP
CUP
CUP
d. Liquor Stores _�..... .. m.-__,___._
..
--
CUP
CUP
CUP
153.120 Part 2
Food Processing..............e,
Plant
.....�.. _.....__ �...-._.
_
_
__
CUP
Game Machines
A..
A
A
A
A
153.050.040
Helistops, Heliports...
-
--
--Heliports
associated
with permitted
hospitals may be
permitted in
association with any
valid discretionary
....
...ee -
permit
p nt Store
Home Improvement
p
CUP
CUP
CUP
CUP
TABLE 153.050.020
Permitted and Conditionally Permitted
Uses within Commercial and
Industrial Zones
Land Use
Hospitals and Medical Services:
a. General Hospital Facilities (primarily
inpatient)
b. Medical/Dental Offices
C. Ambulance Services
Hotels and Motels
Kennels
".--- ........ _. m_....
Laundry Facilities, Commercial (carpet,
upholstery, etc)
Manufacturing, Assembly, Industrial, Welding,
Storage, Fabrication, Research and Testing
Establishments
Massage Establishments and Services
Medical Marijuana Dispensaries
Ordinance No. 1401
Paqe 4
P
Permitted
use
CUP
Conditional
use permit
required
A
Accessory
use
--
Use
not allowed
Additional
C-1
C-2
F -C
I -C
I
Regulations
-
CUP
CUP
CUP
--
153.040.030
P
P
P
P
--
A
CUP
CUP
...e....
CUP
..,....
CUP
CUP
-
153,120 Part 9
CUP
CUP
-
--
CUP
CUP
w-
y
--
P
P
This use category
applies to both raw
and previously
prepared materials,
excluding uses
involving an
incinerator, blast
furnace or other
similar industrial
process (e.g., batch
plants, truss
manufacturing,
canneries, co-
generation plants,
equipment assembly).
Uses involving an
incinerator, blast
furnace or other
similar industrial
process shall require a
Conditional Use
Permit.
153.120 Part 17
Ordinance No. 1401
TABLE 153.050.020
Permitted and Conditionally Permitted
P
Permitted
use
i CUP
Conditional
use permit
required
Uses within Commercial and
A
Accessory
use
Industrial Zones
Use
not allowed
Additional
Land Use
C-1
C-2
F -C
I -C
I
Regulations
*Permitted not by
right, but pursuant to
Chapter 127 of the
Medical and Adult Cannabis Cultivation,
P4
P*
Municipal Code and
Manufacturing and Distribution
(DA)
(DA)
approval of a
Development
Agreement (DA)
Mortuaries
CUP
CUP
Multiple Tenant Retail - Small
P
. . . . ...........
Multiple Tenant Retail - Large
.
.......... . . ............
P
Nightclubs
CUP
CUP
Nightclubs accessory
to a permitted primary
use are permitted,
provided the permit
for the primary use
expressly identifies the
nightclub as an
. . . ...........
. . . .
....... .. .
accessory use
Off -Street Parking Facility
CUP
CUP
CUP
CUP
CUP
Must be located within
300 ft of the primary
use/parcel
Offices -Business and Professional
P
P
P
P
P
. ................................. . .. . . ........................ . . ...................
Outdoor Storage and Use
- — - — -------
. . . .....
A
A
A
153,050.050
Parcel Delivery Terminals
CUP
CUP
Personal Services (barber shops, beauty
P
P
P
P
salons/spas, tailors, dry cleaning, self-service
laundry, mailbox services, etc.)
Pet Stores . ..... ............. . . . . ........
P
P
P
- - -
----
. ................................. . .......... ..
. ......................
Places of Assembly
CUP
CUP
CUP
CUP
Recreational Facilities
a. Dance or Martial Arts Studios
P
P
b. Health Clubs and Gymnasiums
CUP
CUP
CUP
CUP
C. Indoor Facilities (billiards, bowling alleys,
CUP
CUP
CUP
CUP
153.120 Part 5
etc.)
d. Outdoor Facilities (batting cages, golf
CUP
CUP
courses, etc.)
..................... . . . . . .
I
I
Ordinance No. 1401
Paae 6
TABLE 153.050.020
P
Permitted use
Permitted and Conditionally Permitted CUP
Conditional use permit required
Uses within Commercial and A
Accessory use
Industrial Zones --
Use not allowed
Additional
Land Use C-1 C-2
LF -C I -C I Regulations
Recycling Facilities (mobile or staffed facilities) - CUP
- CUP CUP No more than one
recycling facility shall
be permitted within a
radius of 3,000 feet.
Restaurant:
a. Restaurant with no Alcohol Sales P P
P P P
b. Restaurant with Alcohol Sales CUP CUP
. .... ... ..._..��.
CUP CUP CUP 153.120 Part 2
.... .. ..........
.Retail ShopsP P
--
P P P
Secondhand Stores��
CUP
_ _..
Self -Storage Facility (mini -warehouse) _
CUP CUP Indoor Storage only,
Service Stations CUP
...
CUP CUP CUP 153.120 Part 12
Studios (film, motion picture,.r.......
research, testing, -- --
�µ P P
etc.)
Swap Meets
Tobacco Shops -
CUP -
Transportation Facilities (bus s or truck terminals, -- --
-- -- -- '
taxi dispatch yards, etc.)
_ �....•.•.• ...
Toba.._mm.
cco Shops - --
�.. ....... ......... �_ ...�..-....r...._.. m,�me.
w CUP
Vending Machines
153.050.040
a. Regular A A
A A A
b. Reverse - A
............
A A A
....... _.........
Veterinary Services (clinic and hospital) CUP
..................... - , .�
- CUP CUP
Warehouses ..... .
-- - CUP
- ..-----
Wholesale Sales A A
A A A
SECTION 2. Delete from the Baldwin
Park Municipal Code Sections
153.120.330.0 and 153.120.330.D. These Sections
should be deleted because they are
in conflict with the proposal to allow Medical
and Adult Cannabis Cultivation,
Manufacturing and Distribution uses as proposed
SECTION 3. Except as expressly modified pursuant to this Ordinance, all other
provisions of Chapter 153 shall remain unmodified and in full force and effect. All
ordinances in conflict with the provisions hereof are superseded to the extent of such
conflict.
Ordinance No. 1401
Page 7
SECTION 4. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion or the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. This Ordinance shall be effective thirty (30) days after its
enactment.
PASSED AND APPROVED ON THE day of
ATTEST:
ALEJANDRA AVILA,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:.
CITY OF BALDWIN PARK )
12017
MANUEL LOZANO, MAYOR
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on _ 2017.
Thereafter, said Ordinance No. 1401 was duly approved and adopted at a regular
meeting of the City Council on 2017 by the following
vote:
AYES: COUNCILMEMBER:
NOES:. COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ALEJANDRA AVILA, CITY CLERK
Attachment #3
Legend
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ITEM NO. 5 A -"'I
+-STAFF REPORT
TO: Honorable Mayor and City Councilmembers
U�GBRJE
'`,FROM: Rose Tam, Director of Finance
� DATE: August 16, 2017
'SUBJECT: SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN
PARK WARRANTS AND DEMANDS
SUMMARY
Attached is the Warrant and Demand Register for the Successor Agency to the Dissolved Community
Development Commission of the City of Baldwin to be ratified by the City Council.
FISCAL IMPACT
The attached Warrant Register for Successor Agency of the City of Baldwin Park in the total amount of
$4,558.75.
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register..
BACKGROUND
The attached Claim and Demand 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 July 1 to August 2, 2017 Successor Agency Warrant with check numbers 13523 to 13524 in the
total amount of $4,558.75 were made on behalf of Successor Agency of the City of Baldwin Park
constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are
herewith presented to the City Council as required by law, and hereby ratified.
Check Report
City of Baldwin Park, CA By Check Number
Date Range: 07/01/2017 - 08/02/2017
4tiY
01
Vendor Number Vendor Name
Payment Date
Payment Type
Discount Amount Payment Amount Number
Bank Code: SA -SUCCESSOR AGENCY
12046 TAFOYA AND GARCIA, LLP
07/13/2017
Regular
0.00 1,312.50 13523
13529 CALIFORNIA DEBT AND INVESTMENT
ADVISOR' 08/02/2017
Regular
0.00 3,246.25 13524
Bank Code SA Summary
Payable Payment
Payment Type
Count
Count Discount
Payment
Regular Checks
2
2
0.00
4,558.75
Manual Checks
0
0
0.00
0.00
Voided Checks
0
0
0.00
0.00
Bank Drafts
0
0
0.00
0.00
EFT's
0
0
0.00
0.00
2
2
0.00
4,558.75
ITEM NO.
,✓✓ , ✓%ii'� iSTAFm REPORT
M
tP", TO: Honorable Mayor and Members of the City Council
c IV
� T'HE", FROM: Manuel Carrillo Jr., Director of Recreation & Community Services;
SAS ,GABRIEL ' DATE: August 16, 2017
icy VALLEY'
SUBJECT: REQUEST FOR ALLOCATION OF FUNDING FOR THE
CELEBRATE BALDWIN PARK PARADE
SUMMARY
The purpose of this staff report is to request the allocation of funding for the Celebrate Baldwin Park Parade
scheduled to take place on Saturday, November 4, 2017.
FISCAL IMPACT
The fiscal impact to fund the Celebrate Baldwin Park Parade is approximately $35,903 to be charged the
Business Improvement Tax Fund.
RECOMMENDATION
Staff recommends the City Council to:
1) Provide direction to staff.
LEGAL REVIEW
The City Attorney has reviewed and approved it as to form.
BACKGROUND
At their July 19, 2017, City Council Meeting, City Council directed staff to provide the cost associated with the
Celebrate Baldwin Park Parade and return at an upcoming meeting. Subsequently, staff identified the spending
breakdown of the event to approximately $35,903 associated with contracted costs, personnel, and indirect
public works and police costs to host the event.
The Celebrate Baldwin Park weekend festivities will include the Celebrate Baldwin Park Parade and Carnival at
Morgan Park. The Celebrate Baldwin Park Parade is scheduled for Saturday, November 4, 2017 and will step-
off at 9:45 a.m. at the corner of Olive Street and Baldwin Park Boulevard, traveling south on Baldwin Park
Boulevard and ending at Morgan Park. Awards Ceremony will immediately follow after the conclusion of the
parade at the Cesar E. Chavez Amphitheater. Staff is currently soliciting sponsorships for the $750 Junior High
and $1,500 High School Band Sweepstakes.
The celebration is set to commence at the Annual Carnival on Thursday, November 2"d through Sunday,
November 5"'. The carnival agreement was approved at their City Council Mecting on August 2, 20:1.7.`flie
agreement includes 350 unlimited ride tickets to be used either on Thursd ly, November 2"d, or Sutiday,
November 5"'. As in the previous year's tickets will be distributed to deserving children in the community
through school district staff at each of the elementary school sites. The carnival includes rides and games for the
entire family including the classic merry-go-round.
Celebrate Baldwin Park Parade
August 16, 2017
Page 2
Carnival Hours
ThLjrsda)+, Noveinber 2"" from 5:00 p.m. to 10:00 p.m.
F6d,,q, Noveniber 3`1 froiii 5:00 p.m. to 11:00 p.m.
Szatii-day, November 4"' fi-om 1:00 p.m. to 11:00 p.m.
Sufichy, Noveniber 5"' 11,osii 1:00 p.m. to 10:00 p.m.
ALTERNATIVES
The City Council may elect not to approve the return of the Baldwin Park Parade at this time and consider the
event during the next budget process.
ATTACHMENT
1) Baldwin Park Parade Estimated Cost for FY 2017-18
City of Baldwin Park
FUND 230 - BUSINESS IMPROVEMENT FEES
Baldwin Park Parade Estimated Cost for FY 2017-18
Type of Cost Amount
Consultant Services 10,650
Materials & Supplies 11800
m
Outside Printing 800
Staff Cost - Police Department 16,612
Staff Cost - Public Works 2,541
Staff Cost - Recreation 3,500
Total Estimate Cost $ 35,903
ITEM NO.
STAFF REPORT
r
TO: Honorable Mayor and City Councilmembers
(,-,.SAN
rs o FROM: Shannon Yauchzee, Chief Executive Officer
THE
It.LEY
ABRIELDATE: August 16, 2017
�SUBJECT: APPROVE A SISTERHOOD CITY AGREEMENT FOR THE
DESIGNATION OF THE MUNICIPALITY OF NOCHISTLAN DE
MEJIA ZACATECAS, MEXICO AS A SISTER CITY
m..... ....... _ _ . —
SUMMARY
This report requests City Council consideration and approval of an agreement for establishing a good will
relationship and become a Sisterhood City with the Municipality of Nochistlan de Mejia, Zacatecas, Mexico.
FISCAL IMPACT
There is no fiscal impact associated with this item.
RECOMMENDATION
Staff recommends that Council approve the Sisterhood Agreement to establish a Sister City relationship
between the City of Baldwin Park and the Municipality of Nochistlan de Mejia, Zacatecas, Mexico.
BACKGROUND
Founded January 5, 1532, the city of Nochistlan is located in the southern part of the state of Zacatecas, and is
home to a population of 27,932. The residents enjoy deep rooted tradition with its historic architecture and
family oriented community, yet the city has also made strides in modernizing many of its public spaces and
services
Named "el Pueblo Magico" or "the Magic town" by the Secretary of Tourism (Mexico), Nochistlan is the fifth
town in the state of Zacatecas to be recognized as such, in honor of its symbolic attributions, legends, history,
and significant cultural traditions. Nochistlan is also often referred to as, "La tierra de los musicos" or "The
land of the musicians". Nochistlan has been given this nickname because within the town, there is always music
playing, from Mariachi groups to bands to choirs, and there is pride in their different styles of music.
The Mayor of the City of Nochistlan, Zacatecas, Mexico, Armando Delgadillo Ruvalcaba, recently reached out
to the City of Baldwin Park to propose forming a Sister City agreement between the two municipalities. Given
the shared values of the two cities and a desire to for lasting cultural exchange, the City of Baldwin Park may
enjoy benefits from the bilateral relationship.
LEGAL REVIEW
The Sisterhood Agreement and staff report has been reviewed and approved by the City Attorney as to legal
form and content.
ALTERNATIVES
Council may choose to not approve the Agreement and cease to pursue establishing a Sister, City relationship
with Nochistlan.
ATTACHMENTS
#1 —Sisterhood Agreement [English]
#2 — Sisterhood Agreement [Spanish]
SISTERHOOD AGREEMENT BETWEEN THE CITY OF NOCHISTLAN DE MEJIA OF
THE STATE OF ZACATECAS OF THE UNITED MEXICAN STATES AND THE CITY OF
BALDWIN PAK OF THE STATE OF CALIFORNIA OF THE
UNITED STATES OF AMERICA
The City of Nochistlan de Mejia of the State of Zacatecas of the United Mexican
States and the City of Baldwin Park of the State of California of the United States of
America hereinafter referred to as "the Parties";
CONSIDERING their interest to strengthen the friendship ties and cooperation that
join both Parties;
ACKNOWLEDGING that international cooperation is one of the factors, which has
a favorable impact in the solution to problems affecting the Parties' respective
communities.
DECLARING their decision to strengthen their relationship of collaboration through
the proper legal channels;
CONVINCED of the importance of establishing mechanisms that contribute to the
development and strengthening of bilateral cooperation, as well as the necessity to
execute projects and actions that are effective in the commercial and social development
of both Parties;
Have agreed to the following -
ARTICLE I
Objective
The objective of the present Agreement is to formalize the sisterhood between the
City of Nochistlan de Mejia from the State of Zacatecas of the United Mexican States and
the City of Baldwin Park from the State of California of the United States of America, in
order to initially kick off with the following five (5) strategic areas that link common
objectives among both Parties:
1. Migration and Economic Development
2. Culture and Tourism
3. Health
4. Technology
5. Academic Exchanges
ARTICLE II
Areas of Cooperation
To reach the objective of the present Agreement, the Parties commit themselves to
develop cooperative projects, specifically directed, but not limited to the following areas:
a) Promotion of business, investments and commerce — Promote business and
governmental encounters to incentivize economic exchange and business
development, through a close connection with the migrant community;'
b) Culture — Promotion and dissemination of cultural expressions and regional
traditions of both Parties;
c) Tourism — Promotion and dissemination of the resources, attractions and
touristic products found within the territories of both Parties, as well as
strengthening of the strategic relationship between the personnel involved to
share experiences, strategies, programs and actions that foment bilateral
development in this area;
d) Health — Promote skills and knowledge training in the area of health, on
aspects that the Parties consider there is a need for reinforcement of the
same through mutual cooperation derived from this agreement;
e) Science and technology — Promote the dissemination of technology
knowledge and transfer which impacts local and regional development of both
Parties' populations;
f) Education — Promote the consolidation of academic exchanges that foment
the economic, social and cultural development of both Parties' populations,
through programs, strategies and actions designed by work teams agreed
upon by the Parties; and
g) Any other area of cooperation that the Parties may agree upon.
ARTICLE III
Modalities of Cooperation
The Parties agree that the actions of cooperation which are referred to in the
present Agreement shall be carried out through the following modalities:
a) Promotion and dissemination;
b) Exchange of business missions;
c) Exchange of information, documentation and materials;
d) Organization of fairs, seminars and conferences;
e) Joint research and studies;
f) Exchange of technicians, specialists and professionals;
g) Educating and training of personnel;
h) Cultural, athletic and artistic exchange;
i) Organization of seminars, workshops, symposiums, and conferences; and
j) Any other modalities that the Parties may agree upon.
ARTICLE IV
Competence
The Parties commit themselves to carry out the modalities of cooperation, referred
to in Article III of the present Agreement, in accordance to their respective faculties,
subject to the political and economic laws and regulations of their respective Government.
ARTICLE V
Annual Action Programs
In order to achieve the objectives of the present Agreement, the Parties agree to
formulate, through prior discussion, Annual Action Programs (AAP's), which shall become
an integral part of the present Agreement once they are formalized.
The AAP's shall be integrated with specific projects or activities, which must
reference each of the following aspects:
a) Objectives and activities to develop;
b) Work agenda;
c) Profile, quantity and duration of the assigned personnel to objectives and
activities;
d) Responsibility of each Party;
e) Assignment of materials, personnel and financial resources;
f) Evaluation mechanism, and
g) Any other appropriate information,
The operation of this Agreement shall not be conditioned to the Parties to establish
projects in all the modalities of cooperation, nor are they obligated to collaborate in those
activities where internal prohibitions exists or derived by law, institutional normatives, or
customs.
The Parties shall meet periodically in order to evaluate the aspects derived from the
application of the present Agreement and to propose new guidelines for the development
of projects of mutual interest.
The Parties shall produce progress reports of the developments and achievements
based on the present Agreement and shall communicate them to their respective
Chancellery, as well as the bilateral departments determined by mutual agreement.
Both Parties agree to formulate the first Action Program within sixty (60) days after
the signing date of the present Agreement.
ARTICLE VI
Collaboration of Additional Proposals
Notwithstanding the formulation of the Annual Action Program referred to in Article
V of the present Agreement, each Party may formulate additional proposals, as they may
arise during the implementation of activities of cooperation.
ARTICLE VII
Coordination and Follow -Up Mechanism
In order to establish a mechanism for the coordination, supervision and evaluation
of the activities carried out under the present Sisterhood Agreement, a Working Group,
integrated by representatives of both Parties, shall be established, and coordinating each
Party's activities the following areas:
On behalf of the City of Nochistlan de Mejia, of the State of Zacatecas of the United
Mexican States, is designated the Department of Migrant Affairs;
On behalf of the City of Baldwin Park, of the State of California of the United States
of America, is designated . _ mmm ..... � (name of theJor i n
The Working Group shall meet with the periodicity and in a location agreed upon
by the Parties, in order to evaluate the activities derived from the application of the present
Agreement and shall have the following functions:
a) Make the necessary decisions in order to carry out the objectives of the present
Agreement;
b) Identify the areas of common interest in order to elaborate and formulate
specific projects of cooperation;
c) Orientate, organize and formulate pertinent recommendations in order to fulfill
the activities of the present Agreement;
d) Receive, review and approve the progress reports in the areas of cooperation
within the present Agreement, and
e) Any other functions that the Parties may agree upon.
ARTICLE VIII
Financing
The Parties shall finance the activities referred to in the present Agreement with the
assigned resources in their respective budgets according to the availability and terms of
their legislation. Each Party shall pay the expenses related to its participation, except in the
case that alternate financial mechanisms may be used for specific activities, if considered
appropriate.
ARTICLE IX
Information, Material and Protected Equipment
The Parties agree that information, material and protected equipment deemed
classified by national legislation for national security or foreign relation purposes of either
Party, shall not be subject to transfer within the present Agreement.
When undertaking activities pursuant to this Agreement, any information, material
and equipment which require or could require protection and classification is identified, the
Parties shall inform the adequate authorities and establish in writing, the corresponding
measures.
The transference of information, material and equipment, which is not protected or
classified, but which exportation is regulated by one of the Parties, shall be done according
to the applicable national legislation and should be identified, along with its intended use or
subsequent transference. If any of the Parties consider it necessary, measures shall be
taken to prevent the non -authorized transference or re -transference of such property.
ARTICLE X
International Instruments
The cooperation referred to in the present Agreement shall not affect the rights and
duties which the Parties have acquired regarding other international instruments.
ARTICLE XI
Intellectual Property
If as a result of actions of cooperation carried out in accordance with this
Agreement, products of commercial value and/or rights of intellectual property are
generated, these shall be determined by the applicable national legislation, as well as the
International Conventions, which are binding for the United Mexican States and the United
States of America.
ARTICLE XII
Employment Relationship
The personnel assigned by each Party for the execution of activities derived from
the present Agreement, shall continue under the direction and dependence of the
institution to which he/she pertains, and shall not create any labor relation with the other
Party, which in no case shall be considered as a substitute employer.
The Parties shall carry out the necessary procedures under their respective
authorities in order to facilitate the entry and departure of participants who are officially
involved in the projects derived from the present Agreement. Such participants shall be
subject to the immigration, tax, customs, sanitary and national security laws of the
receiving country and may not partake in any activity other than those pertaining to their
functions, without the previous authorization of the competent authorities in this field.
The Parties shall encourage that the personnel involved in such activities have
medical, personal damage and life insurance, so that, if a damage results from such
activities derived from the present Agreement, repair or indemnification shall be covered
by the corresponding insurance company.
ARTICLE XIII
Disputes Settlement
Any difference or divergence derived from the interpretation or application of the
present Instrument shall be resolved by both Parties in common agreement.
ARTICLE XIV
Final Provisions
The present Agreement shall go into effect upon the date of its signature and shall
remain in effect indefinitely.
The present Agreement may be modified by mutual consent of the Parties, by
formalizing it through written communications and specifying the date of its enforcement.
Either of the Parties may, at any moment, terminate the present Agreement by a
written notification given to the other Party at least sixty (60) days in advance.
The termination of the present Agreement shall not affect the completion of the
activities, formalized while it was in force.
Signed in the City of Baldwin Park, the 26th of August of 2017, in two original and
official copies in the Spanish and English languages, all texts being equally authentic.
ON BEHALF OF THE CITY OF NOCHISTLAN ON BEHALF OF THE CITY OF BALDWIN
DE MEJIA PARK
OF THE STATE OF ZACATECAS OF THE STATE OF CALIFORNIA
OF THE UNITED MEXICAN STATES OF THE UNITED STATES OF AMERICA
ARMANDO DELGADILLO RUVALCABA MANUEL LOZANO
MAYOR MAYOR
HONORARY WITNESS
ARMANDO RODRIGUEZ
DIRECTIVO
FEDERACION INTERNACIONAL DE
ZACATECANOS EN LOS ANGELES
(FIZLA)
SUSANA RUBIO
MISS ALCALDE
BALDWIN PARK, CALIFORNIA
TEODULO MORALES
DIRECTIVO DE LA FEDERACION
INTERNACIONAL DE ZACATECANOS
DE LOS ANGELES (FIZLA)
Aar M,'T
� I #"Ir-Tffa�-X
ACUERDO DE HERMANAMIENTO ENTRE LA CIUDAD DE NOCHISTLAN DE MEJIA,
DEL ESTADO DE ZACATECAS DE LOS ESTADOS UNIDOS MEXICANOS Y LA
CIUDAD DE BALDWIN PARK, DEL ESTADO DE CALIFORNIA DE LOS ESTADOS
UNIDOS DE AMERICA
La. Ciudad de Nochistlan de Mejia, del Estado de Zacatecas de los Estados .Unidos
Mexicanos y la Ciudad de Baldwin Park del Estado de California de los Estados Unidos de
America, en adelante denominados "las Partes".
CONSIDERANDO el interes en profundizar los lazos de amistad y cooperacion que unen
a ambas Partes;
RECONOCIENDO que la cooperacion internacional es uno de los factores que incide
favorablemente en la solucion de problemas que afectan a sus respectivas comunidades;
MANIFESTANDO su decision de profundizar sus relaciones de colaboracion a traves de
un marco juridico adecuado;
CONVENCIDAS de la importancia de establecer mecanismos que contribuyan al
desarrollo y fortalecimiento del marco de cooperacion bilateral, asi como de la necesidad
de ejecutar proyectos y acciones que tengan efectiva incidencia en el avance economico y
social de las Partes;
Han acordado to siguiente:
ARTICULO I
Objetivo
EI presente Acuerdo tiene como objetivo formalizar el hermanamiento entre la Ciudad de
Nochistlan de Mejia, del Estado de Zacatecas de los Estados Unidos Mexican.os y la
Ciudad de Baldwin Park del Estado de California de los Estados Unidos de America, a fin
de impulsar de manera inicial 5 ejes estrategicos que vinculan objetivos en comun entre
ambas Partes, mismos que se mencionan a continuacion:
1. Migracion y Desarrollo Economico,
2. Cultura y Turismo.
3. Salud.
4. Tecnologia.
5. Intercambios Academicos.
ARTICULO II
Areas de Cooperacion
Para alcanzar el objetivo del presente Acuerdo, las Partes se comprometen a desarrollar
acciones de cooperacion especialmente dirigidas, pero no limitadas a las siguientes areas:
a) Comercio, inversiones y negocios. Promoci6n de encuentros
empresariales y gubernamentales para incentivar el intercambio
econbmico y el desarrollo de negocios, a traves de una estrecha
vinculaci6n con la comunidad migrante;
b) Cultura. Promoci6n y difusi6n de las expresiones culturales y
tradiciones regionales de ambas Partes;
C) Turismo. Promoci6n y difusi6n de los recursos, atractivos y
productos turisticos localizados en los territorios de ambas Partes,
asi como el fortalecer la vinculaci6n estrategica del personal a cargo
para compartir experiencias, estrategias, programas y acciones que
fomenten el desarrollo bilateral en este sector;
f) Salud. Promover la capacitaci6n de habilidades y conocimientos en
materia de salud, en aquellos aspectos que las Partes consideren
exista necesidad de ser fortalecidas a traves de la cooperaci6n
mutua derivada de este Acuerdo.
g) Ciencia y tecnologia. Promover la difusi6n de conocimientos y
transferencia de tecnologias que incidan en el desarrollo integral
local y regional de las poblaciones de ambas Partes;
h) Educaci6n. Promover la consolidaci6n de intercambios academicos
que fomenten el desarrollo econbmico, social y cultural de las
poblaciones de ambas Partes, a traves de programas, estrategias y
acciones disenadas entre los equipos de trabajo que para tal efecto
las Partes convengan.
Cualquier otra area de cooperaci6n que las Partes convengan,
ARTICULO III
Modalidades de Cooperaci6n
Las Partes acuerdan que las acciones de cooperaci6n a que se refiere el presente
Acuerdo se Ilevaran a cabo a traves de las modalidades siguientes:
a) Promoci6n y difusi6n;
b) Intercambio de misiones empresariales;
C) Intercambio de informaci6n, documentaci6n y materiales;
d) Organizaci6n de ferias, seminarios y congresos;
e) Estudios a investigaciones conjuntas;
D Intercambio de tecnicos, especialistas y profesionales;
g) Formaci6n y capacitaci6n de recursos humanos;
h) Intercambio cultural, deportivo y artistico;
i) Organizaci6n de seminarios, talleres, simposios y conferencias;
j) Cualquier otra modalidad que las Partes convengan.
ARTICULO IV
Competencias
Las Partes se comprometen a Ilevar a cabo las modalidades de cooperaci6n a que se
refiere el Articulo III del presente Acuerdo, con absoluto respeto a sus respectivas
competencias, normativas y directivas politico-econ6micas de su respectivo Gobierno.
ARTICULO V
Programas Operativos Anuales
Para la consecuci6n de los objetivos del presente Acuerdo, las Partes convienen en
formular, previa consulta, Programas Operativos Anuales (POA's), los que una vez
formalizados formaran parte integrante del presente Acuerdo
Los POA's se integraran con los proyectos o actividades especificos, debiendo precisar
para cada uno los aspectos siguientes:
a) Objetivos y actividades a desarrollar;
b) Calendario de trabajo;
C) Perfil, numero y estadia del personal asignado;
d) Responsabilidad de cada Parte;
e) Asignaci6n de recursos humanos, materiales y financieros;
f) Mecanismo de evaluaci6n; y
g) Cualquier otra informaci6n que se considere necesaria.
La operaci6n de este Acuerdo no estara condicionada a que las Partes establezcan
proyectos en todas las modalidades de cooperaci6n, ni estaran obligadas a colaborar en
aquellas actividades respecto de las cuales exista prohibici6n interna o bien derivada de
una ley, normativa institucional o costumbre.
Las Partes se reuniran de manera peri6dica a fin de evaluar los aspectos derivados de la
aplicaci6n del presente Acuerdo y proponer nuevas directrices para el desarrollo de
proyectos de interes mutuo.
Las Partes elaborar6n informes sobre el desarrollo y logros alcanzados con base en el
presente Acuerdo y to comunicar6n a su respectiva Cancilleria, asi como a las instancias
bilaterales que fijen de comun acuerdo.
Ambas Partes se comprometen a formular el primer Programa Operativo, dentro de los
sesenta (60) dias siguientes a la fecha de firma del presente Acuerdo,
ARTICULO VI
Propuestas Adicionales de Colaboracion
No obstante la formulaci6n del POA que se refiere el Articulo V del presente
Acuerdo, cada Parte podr6 formular propuestas de colaboraci6n adicionales que surjan en
el transcurso de la instrumentaci6n de las actividades de cooperaci6n.
ARTICULO VII
Mecanismo de Supervision y Coordinaci6n
Para el establecimiento de un mecanismo que permits la adecuada
coordinaci6n, supervision, seguimiento y evaluaci6n de las actividades de cooperaci6n
realizadas al amparo del presente Acuerdo de Hermanamiento, se establecer6 un Grupo
de Trabajo integrado por representantes de ambas Partes, fungiendo como 6reas
ejecutoras las siguientes:
Por parte de la Ciudad de Nochistl6n de Mejia, del Estado de
Zacatecas de los Estados Unidos Mexicanos, se designa al
Departamento de Atenci6n al Migrante.
EI Grupo de Trabajo se reunir6 con la periodicidad y en el lugar que acuerden las Partes,
a fin de evaluar los aspectos derivados de la aplicaci6n del presente Acuerdo y tendr6 a
su cargo las funciones siguientes:
a) Adoptar las decisiones necesarias, a fin de cumplir con los objetivos
del presente Acuerdo;
b) Identificar las 6reas de interes comun para elaborar y formular los
proyectos especificos de cooperaci6n;
C) Orientar, organizar y formular las recomendaciones pertinentes para
la ejecuci6n de las actividades del presente Acuerdo;
d) Recibir, revisar y aprobar en su caso los informes sobre avances de
las areas de cooperaci6n del presente Acuerdo; y
e) Cualquier otra funci6n que las Partes convengan.
4
ARTICULO VIII
Financiamiento
Las Partes financiaran las actividades a que se refiere el presente Acuerdo con los
recursos asignados en sus respectivos presupuestos, de conformidad con la
disponibilidad de los mismos y to dispuesto por su legislaci6n. Cada Parte sufragara los
gastos relacionados con su participaci6n, excepto en el caso de que puedan utilizarse
mecanismos de financiamiento alternos para actividades especificas, segun se considere
apropiado.
ARTICULO IX
Informaci6n, Material y Equipo Protegido
Las Partes acuerdan que la informaci6n, material y equipo protegido y clasificado por
razones de seguridad nacional o de las relaciones exteriores de cualquiera de las Partes,
de conformidad con su legislaci6n nacional, no sera objeto de transferencia en el marco
del presente Acuerdo.
Si en el curso de las actividades de cooperaci6n emprendidas con base en este Acuerdo,
se identifica informacion, material y equipo que requiera o pudiera requerir protecci6n y
clasificaci6n, las Partes to informaran a las autoridades competentes y estableceran por
escrito, las medidas conducentes.
La transferencia de informacion, material y equipo no protegido ni clasificado, pero cuya
exportaci6n este controlada por alguna de las Partes, se hara de conformidad con la
legislaci6n nacional aplicable y debera estar debidamente identificada, asi como su use o
transferencia posterior. Si cualquiera de las Partes to considera necesario, se
instrumentaran las medidas necesarias para prevenir la transferencia o retransferencia no
autorizada del mismo.
ARTICULO X
Instrumentos Internacionales
La- cooperaci6n a que se refiere el presente Acuerdo no afectara los derechos y las
obligaciones que las Partes hayan adquirido en virtud de otros instrumentos
internacionales.
ARTICULO XI
Propiedad Intelectual
Si como resultado de las acciones de cooperaci6n desarrolladas de conformidad con el
presente Acuerdo se generan productos de valor comercial y/o derechos de propiedad
intelectual, estos se regiran por la legislaci6n nacional aplicable en la materia, as! como
por las Convenciones internacionales que sean vinculantes para los Estados Unidos
Mexicanos y los Estados Unidos de America.
ARTICULO XII
Relaci6n Laboral
EI personal comisionado por cads una de las Partes para la ejecuci6n de las actividades
de cooperaci6n al amparo del presente Acuerdo continuara bajo la direcci6n y
dependencia de la instituci6n a la que pertenezca, por to que no se crearan relaciones de
caracter laboral con la otra Parte, a la que en ningun caso se le considerara como patr6n
sustituto.
Las Partes realizaran las gestiones necesarias ante las autoridades competentes a fin de
que se otorguen todas las facilidades necesarias para la entrada y salida de los
participantes que en forma oficial intervengan en los proyectos de cooperaci6n que se
deriven del presente Acuerdo. Estos participantes se someteran a las disposiciones
migratorias, fiscales, aduaneras, sanitarias y de seguridad nacional vigentes en el pais
receptor y no podran dedicarse a ninguna actividad ajena a sus funciones sin la previa
autorizaci6n de las autoridades competentes en la materia.
Las Partes promoveran que su personal participante en las acciones de cooperaci6n
cuente con seguro medico, de danos personales y de vida, a efecto de que de resultar un
siniestro derivado del desarrollo de las actividades de cooperaci6n del presente Acuerdo,
que amerite reparaci6n del dano o indemnizaci6n, esta sea cubierta por la instituci6n de
seguros correspondiente.
ARTICULO XIII
Soluci6n de Controversias
Cualquier diferencia o divergencia derivada de la interpretaci6n o aplicaci6n del presente
Instrumento sera resuelta por las Partes de comun acuerdo.
ARTICULO XIV
Disposiciones Finales
EI presente Acuerdo entrara en vigor a partir de la fecha de su firma y tendra una vigencia
indefinida.
EI presente Acuerdo podra ser modificado por mutuo consentimiento de las Partes,
formalizado a traves de comunicaciones escritas, en las que se especifique la fecha de su
entrada en vigor.
Cualquiera de las Partes podra, en cualquier momento, dar por terminado el presente
Acuerdo, mediante notificaci6n escrita dirigida a la Otra, por to menos (60) dias de
antelaci6n.
La terminaci6n del presente Acuerdo no afectara la conclusi6n de las actividades de
cooperaci6n que hubieren sido formalizadas durante su vigencia.
2
Firmado en la Ciudad de Baldwin Park el veintiseis de Agosto de dos mil diecisiete, en dos
ejemplares originales, cada uno en los idiomas espanol a ingl6s, siendo ambos textos
igualmente autenticos.
POR LA CIUDAD DE NOCHISTLAN DE
MEDIA, DEL ESTADO DE ZACATECAS DE
LOS ESTADOS UNIDOS MEXICANOS
ARMANDO DELGADILLO RUVALCABA
PRESIDENTE
POR LA CIUDAD DE BALDWIN PARK DEL
ESTADO DE CALIFORNIA DE LOS
ESTADOS UNIDOS DE AMERICA
TESTIGOS DE HONOR
ARMANDO RODRIGUEZ
DIRECTIVO DE LA FEDERACION
INTERNACIONAL DE
ZACATECANOS DE LOS ANGELES
(FIZLA)
MANUEL LOZANO
ALCALDE
SUSANA RUBIO
MISS ALCALDE DE BALDWIN PARK,
CALIFORNIA
TEODULO MORALES
DIRECTIVO DE LA FEDERACION
INTERNACIONAL DE ZACATECANOS
DE LOS ANGELES (FIZLA)
VA
PA.Tti-'04 WNUA
* I' i DIY, 4 0
AUGUST 16, 2017
7:00 P
REGULAR MEETING
COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
Manuel Lozano
Susan Rubio
Cruz Baca
Monica Garcia
Ricardo Pacheco
Chair
- Vice Chair
- Board Member
- Board Member
- Board Member
PLEASE TURN OFF CELL PHONES AND PAGERS 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 Housing
Authority on any matter posted on the agenda or on any
other matter within its jurisdiction. If you wish to
address the Board, you may do so during the PUBLIC
COMMUNICATIONS period noted on the agenda. Each
person is allowed three (3) minutes speaking time. A
Spanish speaking interpreter is available for your
convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse a la Agencia nombrada en esta
agenda, para hablar sobre cualquier asunto publicado en
la agenda o cualquier tema que este bajo su jurisdicci6n.
Si usted desea la oportunidad de dirigirse a la Agencia, pods
hacerio durante el periodo de Comentarios del Pdblico
(Public Communications) anunciado en la agenda. A cada
persona se le permite hablar por tres (3) minutos. Hay un
intrprete para su conveniencia.
Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority
that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public
inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours
(Monday - Thursday, 7:30 a.m. - 6:00 p.m.)
CALL TO ORDER
ROLL CALL
FINANCE AUTHORITY
REGULAR MEETING — 7:00 PM
Board Members: Cruz Baca, Monica Garcia, Ricardo Pacheco,
Vice Chair Susan Rubio and Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos ser6 el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances
exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct
staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N
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 declaraciones o preguntas hechas
por personas; o 2) Dirigir personal a investigar y/o fiyar asuntos para tomar en consideracidn en juntas proximas. [Codigo de
Gobierno §54954.2]
CONSENT CALENDAR
TREASURER'S REPORT — JUNE 2017
Staff recommends that Council receive and file the Treasurer's Report,
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the
State of California that the foregoing agenda was posted on the City Hall bulletin board not less than'72 hours prior to
the meeting. Dated this 10th day of August, 2017.
Alejandra Avila
Secretary
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for
public viewing and inspection at City Hall, 211d 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 Davila cbcrid�rrr Lard,
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to
make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll)
STAFF REA PORT
ITEM NO.
TO: Honorable Mayor and City Councilmembers
FROM: Rose Tam, Director of Finance
DATE: August 16, 2017
SUBJECT: TREASURER'S REPORT — JUNE 2017
SUMMARY I I cash
Attached is the Treasurer's Report for the morith of I line 201T TheTreasurer's Repoll lists a
for the city (which, includes the Baldwin Park T)nancing Authority), t
e�lousiAtithrityandtheSUccessor Agency to the Community DevelopmeCOTITiSin(DC). All investments are in
compliance with the City's Investment Policy and the Call k,)rnia Government Code.
FISC
�_AL IMPACI
None
Lr 1, REVIE A
. �A,
None require(L
Rrix'OMMEN DA11ON ncil receive and file the Treasurer's Report for June 2017.
Suiffrecominends that Cou
BACKGROIJND
The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City
y
COUncil on a monthly basis.
CITY OF BALDWIN PARK
TREASURER'S REPORT
613012017
m
INTEREST
PURCHASE
MATURITY
RITY�—.
CURRENT
PRINCIPAL
OK
VPAR O �
�AkUEC ...� �4
INVESTMENT
A TE
DESCRIPTION
State of California Local
$
15,3
$ 15,322,096.18
$ 15,322,098.
Agenoy Investment Fund _ _ -_ _.
0.98%
Varies
Varies
$ 15,322,098.18
1322,091966.18.50
13,196.50
city
Housing Authority
0.98%
Varies
Varies
13 196.50
.� 16,335,294,66-
16„335.291,68
_. �...
15,336,294 61%m
16�2'84.33�68 ,
5„
Certificate of Deposit
911412016
245,000.00
245,000.00
245,000.00
245,000.00
245,000.00
243,608.40
243,640.25
CapBank IDSA NAIL
1.15%
911412016
911412018
245,000.00
245,000.00
245,000.00
243,625.55
FOIISASSN
WellsOne
Wells Fargo Bank NA k NA Falls
Chase Bank NA �.olarmt*�ra
1.15%
911612016
911612018
245,000.00
245,000.00
245,000.00
245,000.00
243,591.25
250,180.00
QIP Morgan
Ally Bank Mldvalo CTF DEP ACi"1366
411212019
250 ,000.00
250,000.00
250,000.00
250,000.00
249,947.50
ricera'Exp , Color n
1.59%
411212017
411612017
411612017
250000.
250,000.00
-
Evu�nMC4o�sa�
1.55%
..�m...� 1480„000.00
(,480,000.001,480,000.0
1,'474„692.96
Varies
Varies
Varies
686,432.53
686,432.53
4,208,168.68
686,4301.5
4 208,168.68
686 43 53
4,208,168.68
Fiscal Agent Funds - City
Varies
Varies
Varies21
4,208,168.68
Fiscal Agent Funds •Successor Agency
21� 6�5.�9 S
11,709,895.89
4,894,6
E 1T044�815,6�4
6�..._
. ,700
$ 21,709,895.89
Total Investments
Cash
dity Checking
Money Market Plus
City Miscellaneous Cash
Successor Agency
Housing Authority
Financing Authority
Investment Brokerage
Total Cash
Total Cash and Investments
Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report
There was no Investment maturltylpurchase transaction made for the month of June 2017 and several depositslwithdrawals were
made with the Local Agency investment Fund.
In, conrlrlNanc a with the California Government Code Section 53646 at seq,„ I hereby certify that sufficient, investment
liquidity and anticipated revenues are ture
that all investments are in compliance to thler�City "s Statement le to mell,t the of Investment. Policy.requirements for the next six months
Approved by:
Rose Tam
Director of Finance _ _
2,748,150.50
15,050,533.42
52,163.64
2,458,214.12
94,271.15
0.00
�mm�.. Gr04B�50
20,408»374.33
fw .... 42 9276 22
AGENDA
AUGUST 16, 2017
7:00 P
REGULAR MEETING
COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
Manuel Lozano
Susan Rubio
Cruz Baca
Monica Garcia
Ricardo Pacheco
- Chair
- Vice Chair
- Board Member
- Board Member
- Board Member
PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS
POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA
_........ ___.....
PUBLIC COMMENTS
The public is encouraged to address the Housing
Authority on any matter posted on the agenda or on any
other matter within its jurisdiction. If you wish to
address the Board, you may do so during the PUBLIC
COMMUNICATIONS period noted on the agenda. Each
person is allowed three (3) minutes speaking time. A
Spanish speaking interpreter is available for your
convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse a la Agencia nombrada en esta
agenda, para hablar sobre cualquier asunto publicado en
la agenda o cualquier tema que est6 bajo su jurisdiccibn.
Si usted desea /a oportunidad de dirigirse a la Agencia, podra
hacerio durante el periodo de Comentarios del Publico
(Public Communications) anunciado en /a agenda. A cada
persona se le permite hablar por ties (3) minutos. Hay un
... _.. a.
into, re e Para su convenienci
Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority
that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public
inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours
(Monday- Thursday, 7:30 a.m. - 6:00 p.m.)
CALL TO ORDER
ROLL CALL
HOUSING AUTHORITY
REGULAR MEETING — 7:00 PM
Board Members: Cruz Baca, Monica Garcia, Ricardo Pacheco,
Vice Chair Susan Rubio and Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos ser6 el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances
exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct
staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N
No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o
circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas
por personas; a 2) Dirigir personal a investigar y/o fiiar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de
Gobiemo §54954.2]
CONSENT CALENDAR
1. 'TREASURER'S REPORT — JUNE 2017
Staff recommends that the Board receive and file the Treasurer's Report.
2. WARRANTS AND DEMANDS
Staff recommends that the Board ratify the attached Warrants and Demands.
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the
State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to
the meeting. Dated this 10th day of August, 2017.
r
Alejandra Avila
Secretary
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for
public viewing and inspection at City Hall, 2nd Floor Lobby Area or at 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 aavi)a c�ah ark ,a, om.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to
make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102,104 ADA TITLE ll)
S"'FAFF REPOR1,717,
ITEM NO. HA-�
TO: Honorable Mayor and City Councilmembers
FROM: Rose Tam, Director of Finance
DATE: August 16, 2017
SUBJECT: TREASURER'S REPORT — JUNE 2017
SUMMARY"1
The Treasurer's'Report lists all ,ash
Attached is the rreasurer's Report, f()r thC111()jj,t,h of Jtine 2017,
for the City (which) includes the Baldwin Park Financing Atithority), the 110using Authority, zind the
Successor Agency to tlic C0111.111011ity DevelopMent Coinniission (CDQAll investments are in
conipliance with the City's Investment PolicY and the California Government Code.
FISCAL IMPAC
None
LEGA, REVIEW
None required.
W"COMMENDATION
Sta:f"f recorrimends that Council receive and file the Treasurer's Report for June 2017.
BACKGROUND r's Report be submitted to the Mayor and City
The City's investment Policy requires the Treasure
Council on a monthly basis.
INVESTMENT
State of California Local
Agency NnvestmentFund
City ...
Housing Authority
CITY OF BALDWIN PARK
TREASURER'S REPORT
613012017
INTEREST
PURCHASE
MATURITY
ItATE
ITA'TE �—.:ifAT..—
1.15%
0.98%
Varies
Varies
0.98%
Varies
Varies
Certificate posit
One Bank USA NAIL ASSN
CURRENTBOOK
686,432.53
4,208,168.68
4
ET 11
VALUE11
Capital
Wells Fargo Barak NA SIOUX Falls
1.15%
9114/2016
9/16/2016
911412018
911612018
JP Morgan Ctrase Bank NA Columbus
1.15%
911712016
911712018
Ally Beek Midvale CTF DEP ACTP305
1.59%
411212017
411212019
c6n rlt
Eynnank�Iaciarl!9i�b
1.55%
411612017
411612017
..........
PAR
CURRENTBOOK
686,432.53
4,208,168.68
4
ET 11
VALUE11
VALUE
PRINCIPAI. w
VAI.
4,89ency
4,601.21 $„mm
b 15,322,098.18
b 15,322,098.18 $
15,322,098.18
S 15,322,098.18
13,196.50
13,196.50
13,196.50
13,196.50
Total Investments
15,336,294.68
15,335,294.68
X94,66
15"33'5;
_-
- 15,335"294A$
245,000.00
245,000.00
245,000.00
245,000.00
243,608.40
243,640.25
245,000.00
245,000.00
245,000.00
245,000.00
243,625.55
245,000.00
245,000.00
245,000.00
245,000.00
243,591.25
250,180.00
250,000.00
250,000.00
250,000.00
2 50,000.00
249,947.50
250,000.00
250,000.00
Investment Brokerage _...�
mm- -•
x,480„000.00
474592.95
74 92.95
� 474,5
1,480,000.60..14600000
Total Cash
Varies Varies Varies 686,432.53 686,432.53
4,208,168.68
686,432.53
8,168.68
686,432.53
4,208,168.68
4
Varies Varies Varies 206 1
Fiscal Agent Funds - Citymm
Fiscal Agent Funds -Successor Ag
9 09 896 89 }
4,89ency
4,601.21 $„mm
�,i 488'
b 2 709 895.89
b
21,709,895.89
Total Investments
Cash __ -
2,748,150.50
City Checking
15,050,533.42
Money Market Plus
52,163.64
City Miscellaneous Cash
2,458,214.12
Successor Agency
94,271.15
Housing Authority
0.00
Financing Authority
5,046 60
Investment Brokerage _...�
mm- -•
Total Cash
Total Cash and Investments bw
•"8 275.
Schedule of cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report.
There was no Investment maturitylpurchase transaction made for the month of June 2017 and several depositslwithdrawals were
made with the Local Agency Investment Fund.
compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment
In and anticipated revenues are available to meet the City's expenditure requirements for the next six months
liquidity comp
that all Investments are in compliance to the City's Statement of Investment Policy.
Approved by:
Rose Tam
Director of Finance__,_.__,_
STAFF REPORT
ITEM NO.
TO: The Honorable Chairman and Members of the Board
FROM: Rose Tam, Director of Finance
DATE: August 16, 2017
SUBJECT: BALDWIN PARK HOUSING AUTHORITY'S WARRANTS AND
DEMANDS
SUMMARY
Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified
by the Board.
FISCAL IMPACT
The total of the Warrants and Demands for Housing Authority is $782,780.52.
LEGALREVIEW
None required.
RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Registers,
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 meeting and the following is a summary of
the payment released:
1. The July 1 to August 1, 2017 Warrant check numbers from 72063 through 72092 in the amount of
$30,052.52 and Automated Clearing House (ACH) in the amount of $752,728 were made on behalf of
City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to
the Board as required by law, and hereby ratified.
07/01/2017 To 08/01/2017 Checks Only
August 7, 2017
Date Range:
07/01/2017...08/01/2017 Grouped by.-
y.VMS
VMSDate Range:
All Sorted by.
Check Number
Program:
All
Payment Type:
All
Check Numbers:
All
Direct Deposit:
Exclude
Check Cleared:
All
Port Status:
Include
Port Ins
Zero HAPs:
Include Zero HAPs
Voided Payments:
Include Voided Payments
Held Checks:
Exclude Held Checks
V/ Check Number
_....... ........."I,--""",�-
Check Date
-- ----
Payee Name
......... .... ........... ......
®. DD
� ... Amount
❑ 72063
07/01/2017
Bertha Cedillo
❑
41.00
❑ 72064
07/01/2017
Candice Myan Thompson
❑
24.00
❑ 72065
07/01/2017
Christine M Perez
❑
21.00
❑ 72066
07/01/2017
Guadalupe M Murillo
❑
84.00
❑ 72067
07/01/2017
Hermila Silva
❑
12.00
❑ 72068
07/01/2017
Housing Authority Of The County Of San Bernardino
❑
4202.22
❑ 72069
07/01/2017
Lark Ellen Village
❑
790.00
❑ 72070
07/01/2017
Los Angeles County Housing Authority
❑
7178.96
❑ 72071
07/01/2017
RPK Development
❑
844.00
❑ 72073
07/01/2017
Stephan A. Watkins
❑
891.00
❑ 72074
07/01/2017
Vanessa G Ross
❑
21.00
❑ 72075
07/01/2017
Yvette A Heredia
❑
21.00
❑ 72076
08/01/2017
Bertha Cedillo
❑
41.00
❑ 72078
08/01/2017
Candice Myan Thompson
❑
24.00
❑ 72079
08/01/2017
Christine M Perez
❑
21.00
❑ 72081
08/01/2017
Guadalupe M Murillo
❑
84.00
❑ 72082
08/01/2017
Hermila Silva
❑
12.00
❑ 72083
08/01/2017
Housing Authority Of The County Of San Bernardino
❑
4202.22
❑ 72085
08/01/2017
Kimberly Ann McTarsney
❑
105.00
❑ 72086
08/01/2017
Lark Ellen Village
❑
790.00
❑ 72087
08/01/2017
Los Angeles County Housing Authority
❑
8868.12
❑ 72088
08/01/2017
RPK Development
❑
844.00
❑ 72090
08/01/2017
Stephan A. Watkins
❑
889.00
❑ 72091
08/01/2017
Vanessa G Ross
❑
21.00
❑ 72092
08/01/2017
Yvette A Heredia
❑
21.00
0 HAPPY Software Page 1 08/07/2017 4:27:24 PM
. . . ........
Total $30,062.52
Average $385.29
Unit Count 32
Average Weighted by Unit Count $788.47
Hard to House Count
0 HAPPY Software Page 2 08/07/2017 4:27:24 PM
07/01/2017 To 08/01/2017 Direct Deposit Only
August 7, 2017
Date Range:
07/01/2017...08/01/2017 Grouped by:
VMS Date Range:
All Sorted by:
Program:
All
Payment Type:
All
Check Numbers:
All
Direct Deposit:
Only
Check Cleared:
All
Port Status:
Include Port Ins
Zero HAPs:
Include Zero HAPs
Voided Payments:
Include Voided Payments
Held Checks:
Exclude Held Checks
Check Number
-'- . . .. . .. . . . ........................................... ...
Check Date
. ..... ..... . .
Payee Name
-- .... ... .. . . . ..... ... . .................... .. . ..... ... .
DD
Amount
El 15077
07/01/2017
1024 Royal Oaks LP dba Whispering Fountains
11407.00
El 15078
07/01/2017
Aaron Abdus Shakoor
1028.00
El 15079
07/01/2017
Alan Wu
764.00
0 15080
07/01/2017
Alejandra Gutierrez
700.00
El 15081
07/01/2017
Alfonso Contreras
217.00
El 15082
07/01/2017
Allan M. & Virginia J Chipp and Ralph Seline
2918.00
El 15083
07/01/2017
Alta Vista Villas, LIP
620.00
El 15084
07/01/2017
Amparo M Limon
1236.00
El 15085
07/01/2017
Amy Loi
528.00
El 15086
07/01/2017
Amy Si On
852.00
El 15087
07/01/2017
Ana Thai
966.00
El 15088
07/01/2017
Andrew & Eva Fogg
Z
1272.00
El 15089
07/01/2017
Andrew Imbat
N
878.00
El 15090
07/01/2017
Angel Romo
697.00
El 15091
07/01/2017
Anna & Simon Choi
1233.00
El 15092
07/01/2017
Annette C Scott
1500.00
El 15093
07/01/2017
Antonio & Aida Rinos
1272.00
El 15094
07/01/2017
Antonio R. Corral
575.00
D 15095
07/01/2017
ASCENSION HOLDINGS LLC
Z
949.00
El 15096
07/01/2017
Aureliano Flores
0
817.00
El 15097
07/01/2017
B.K. Mamdani
Z
1231.00
El 15098
07/01/2017
Badillo Street Senior Apartments, LLC
13518.00
El 15099
07/01/2017
Baldwin Park Family Housing Limited
9784.00
El 15100
07/01/2017
Beatrice Pyatt
Z
1029.00
El 15101
07/01/2017
Becky Binh Nguyet Luu
1806.00
El 15102
07/01/2017
Betty IM Sweet
864.00
El 15103
07/01/2017
Billy Theoclorakopoulos
614.00
El 15104
07/01/2017
Blessed Rock of El Monte
2595.00
El 15105
07/01/2017
Bobby Roach
1299.00
0 15106
07/01/2017
Burnel & Mae Smith
1702.00
El 15107
07/01/2017
Carol Hinds
642.00
(P HAPPY Software Page 1 08/07/2017 4:28:35 PM
El
15108
07/01/2017
Catherine Hunnicutt
1060.00
El
15109
07/01/2017
Central Apartments #2
1675.00
®
15110
07/01/2017
Chen Jackson
1147.00
15111
07/01/2017
Chin -Kuang Chang
749.00
El
15112
07/01/2017
CHLV Group - Real Estate
792.00
15113
07/01/2017
Cho Wu
96.00
El
15114
07/01/2017
Christina Villasenor
1097.00
El
15115
07/01/2017
Cienega Garden Apartments
2630.00
El
15116
07/01/2017
Clinett Glazis
490.00
El
15117
07/01/2017
Covina 023 Woods 206 LP - Pama Management 206
485.00
El
15118
07/01/2017
CSC Investment, LLC
454.00
El
15119
07/01/2017
Cynthia Pham
743.00
El
15120
07/01/2017
Dajojo, LLC
Z
832.00
El
15121
07/01/2017
Denise Van Pham
1119.00
El
15122
07/01/2017
Derek Sim
1083.00
15123
07/01/2017
Dieu Van Huynh
881.00
El
15124
07/01/2017
Dieu-Thuy Nu Ton
1417.00
El
15125
07/01/2017
Dimitris Papadopouious
1284.00
El
15126
07/01/2017
Doan & Lily Thi
1295.00
15127
07/01/2017
Doanho Do Ha
Z
1174.00
15128
07/01/2017
Don Norwood
1231.00
El
15129
07/01/2017
Donna J Falls
762.00
®
15130
07/01/2017
Doreen Han
830.00
El
15131
07/01/2017
Dung Tran
1168.00
El
15132
07/01/2017
EAST QUINCY WAY, LLC
902.00
El
15133
07/01/2017
Eduardo Santos Hernandez
1000.00
El
15134
07/01/2017
Emilio De Jesus Cruz
931.00
El
15135
07/01/2017
Eric C. Otte
628.00
El
15136
07/01/2017
Estate of Rosetta Mix
658.00
®
15137
07/01/2017
Eunice Property, LLC
889.00
15138
07/01/2017
EZ APT LLC
Z
834.00
El
15139
07/01/2017
Fanny Chan
591.00
15140
07/01/2017
Fat Law
897.00
El
15141
07/01/2017
Fernando Islas
1053.00
15142
07/01/2017
Fred Lau
885.00
15143
07/01/2017
Gilbert Dominguez
2448.00
El
15144
07/01/2017
Gleiberman Properties, Inc- FBO MG Properties Group
1645.00
15145
07/01/2017
Grace Chiou
1173.00
15146
07/01/2017
Greater San Gabriel Valley Property Management, Inc.
1491.00
15147
07/01/2017
Group IX BP Properties, LP
559.00
El
15148
07/01/2017
Guillermo Vasquez
1068.00
0
15149
07/01/2017
Ha Xu Van
1374.00
El
15150
07/01/2017
Henry Ho
823.00
El
15151
07/01/2017
Henry Wong
1698.00
El
15152
07/01/2017
Heritage Park Villas LP
13795.00
El
15153
07/01/2017
Hilbert Properties II
1856.00
�AI IP � oft inn. Page 2 08/07/2017 4:28:35 PM
[] 15154
0701/2017
HoiamUChao
546.00
[l 15155
0701/2017
Hui Chuan Wang
4118.00
[] 15156
0701C2017
HUYVU
Z
788,00
[] 15157
0701/2017
Isabel KSanchez
1088.00
[] 15158
0701/2017
James orBarbara Fox
750.00
[] 15158
07/01/2017
JBMVVInvestment, LLC
670.00
[] 15160
0701/2017
Jeff Ma
760.00
[] 15161
O701/2O17
Jennifer Leung
0�
~~
835.00
[l 15162
07/01/2017
Jesse S. Gonzalez
680.00
[] 15163
07/01/2017
Jia LGao
��
~~
1151�00
[] 15164
07/01/2017
JianhonOZhen
1013.00
[] 15165
07/01{2017
Jim & Nancy Bailey
��
~~
804.00
[] 15166
07/01/2017
Jocelyn Jae JhonQ
1761.00
�] 15167
0701/2017
Joe Clark
2258.00
[] 15168
0701/2017
John Nguyen
1050.00
[] 15189
07/01/2817
John VV.Nuwitchand Ann Lam TruonQ
905.00
El 15170
07/01/2017
John Young
496.00
[] 15171
07/01/2017
Joseph H. Garcia
2966,00
[] 15172
07/01/2017
Joseph Pham
817.00
[] 15173
07/01/2017
Joseph T.Tung
1079.00
[] 15174
0701/2017
Juan Alvarado
435D0
[] 15175
07/01/2017
Kan Investments LTD, LLC
528.00
[] 15176
07/01/2017
Karen Lin
1246.00
[] 15177
07/01/2017
Karen MHoQinhum�
��
~~
895.00
[] 15178
0701/2017
KimChou
758.00
E] 15179
07/01/2017
Kimberly Nguyen
817.00
[l 15180
07/01/2017
Kimberly HDao
1076.00
[] 15181
07/01/2017
Kin VVaiWong
897.08
[] 15182
07/01/2017
Kristen ThuyPhan
N
682.00
[] 15183
07/01/2017
KyTnan
1485.00
[] 15184
87/01/2017
LAI MING LEUNG
312.00
[] 15185
07/01/2017
Lambert Lam
783.00
[] 15188
07/01/2017
Lan Hua MiKu
1217.00
[] 15187
07/01/2017
Lark Ellen Village
6456D0
[] 15188
0701/2017
Larry Chow
4547.00
[] 15189
07/01/2017
LarryK4imms
Q�
~�
1007.00
[] 15190
0701/2017
Larry Pratt orDoreen E.Ewing
1257.00
[] 15191
0701/2017
Lawrence and/or Lorraine Scimeca
1420D0
[] 15182
07/01/2017
Lee QuocDung Tran
532.00
[] 15193
07/01/2017
LEFATmst
954.00
[] 15194
07/01/2017
Leslie KNg
996.00
El 15195
0701/2017
Lien0ep
765.80
[l 15198
07/01/2017
Lois JGaston
1596.00
[] 15107
0701/2017
Louis Tong
1093.00
[] 15198
0701/2017
Lourdes Vela
2688.00
E] 15199
0701/2017
LuanTmn0Hoang
719.00
El
15200
07/01/2017
LuoenaAEwing
2897.00
El
15201
0701/2017
Lucille Fulmer
1352,00
El
15202
0701/2017
LupeBanajam
50&00
[]
15203
07/01/2017
Mack ETitus
14.00
0
15204
07/01/2017
Malcolm Oso
552.00
[]
15205
07/01/2017
Mallorca Apartments, LTD
888.00
[]
15206
O70
Man anBzeK�o
��
~~
955.00
E]
15207
07/01/2017
Maria Dioses
799,00
[]
15208
07/01/2017
Maria Luisa Fernandez
663.00
[]
15208
07/01/2017
Marina Alvarez
036.00
[l
15210
07/01/2017
Mark T. Fernandez
42200
[]
15211
07/01/2017
Martha Cortez
1248.00
El
15212
07/01/2017
Mary LHaynes
998.00
D
15213
07/01/2017
MayreQrtega
995.00
[]
15214
07/01/2017
Melody (kAumi)Dao
1202.00
El
15215
0701/2017
Michael HPhuong
133700
[]
15210
07/01/2017
Michelle To|iaoFernandez
75000
[]
15217
07/01/2017
Mike and Ruth8mrnmto
2192D0
[]
15218
07/01/2017
Minh ANguyen
109100
[�
15219
07/01/2017
MohamadTavakko|i
3955.00
[]
15220
07/01/2017
MonetHumnQ Nguyen
711D0
[]
15221
07/01/2017
MunimaA|ber
930.00
[]
15222
07/01/2017
Monrovia O12.LP
657800
[]
15223
07/01/2017
Monrovia Heritage Park LP
15373.00
[l
15224
8701/2017
Monrovia Heritage Park LP
834.00
[]
15225
0701/2017
MoummBmuuhaaya
090.00
[]
15226
0701/2017
Nancy HShen
78600
[l
15227
0701/2017
NornerLocaon
144000
[]
15228
07/01/2017
D|ieGJohnson
887.00
[]
15229
0701/2017
Pacific Towers Senior Apartments TDF LP
2091.00
[]
15230
07/01/2017
PAk8A|VProperties, LP
1794.00
El
15231
07/01/2817
Penh|mC. Rodriguez
1087.00
El
15232
0701/2017
Pananjh8Nijjar
1876.00
[l
15233
07/01/2017
Paul & Annie VVChau
975.00
El
15234
07/01/2017
Pau|Yan
683.00
El
15235
07/01/2017
Paul Yen
Z
60900
0
15236
07/01/2017
Peck Road Properties, LLC
794�00
El
15237
07/01/2017
PedmGnac|ano
1144.00
[l
15238
07/01/2017
Peter RNasmyth
897.00
[]
15239
07/01/2017
Philip Tsui
��
~~
731.00
El
15240
0701/2017
P|Properties No. 12LLC DBA Villa Capri Apartments
1244.00
[]
15241
07/01/2017
PomtBmokhd|ow. LP
��
~~
2877.00
D
15242
07/01/2017
Primrose Villa
624300
[]
15243
0701/2017
QuocT.Vo
138600
[]
15244
07/01/2017
QuyDucTran
��
��
1130�80
[]
15245
07/01/2017
Ralph V.Parra
741.00
[]
15246
0701/2017
RemimVinamontem
501.00
[]
15247
0701/2017
RAMUWABLVD FAMILY APARTMENTS, LP,
5410.00
[]
15248
0701/2017
Raul Varela Ayala
895.00
[]
15249
07/01/2017
Richard ADaSy|veina
1220.00
El
15250
07/01/2017
RoVan Le
707.00
[]
15251
07/01/2017
Robert Lawe
1935D0
D
15252
0701/2017
Roger HinNam Mak
7913.00
[]
15253
0701/2017
RNandVViekump
B
1201.00
[]
15254
0701/2017
Roman Basin
S
1104�00
[]
15255
07/01/2017
Ronald & Pamela Layne
N
531.00
[]
15256
0701/2017
Rosa Beltran
FA
1578.00
[]
15257
0701{2017
RommLamas-Gerratom
1704�00
[]
15250
07/01/2017
Roam|bmCuertam
788,00
[l
15259
07/01/2017
Rosie Leon
787.00
[]
15200
07/01/2017
Roy Lam
562.00
[]
15261
07/01/2017
Rue|Tmrnes
743.00
�]
15262
07/01/2017
SAE GROUP, LLC
1235.80
[]
15203
07/01/2017
0amGur8nke|
1231.00
[]
15284
07/01/2817
Sandra Dowell
846.00
[]
15265
07/01/2017
8araRomo
863.00
0
15206
07/01/2017
Scott Qizhen0Chen
1194.00
[]
15267
07/01/2017
8e}Homes LLC
8315.00
[]
15268
0701/2017
Sergio Molina
187.00
[]
15269
0701/2017
Serrano West Covina #1BSVV.LP
452.00
[]
15270
0701/2017
Sharon Kay Gordmn-Casiner
1547.00
[]
15271
07/01/2017
Ghiu-EinHuon8
1198�00
[]
15272
07/01/2017
8iuFungMak
806.00
[]
15273
87/01/2017
Sophia Wong
1654.00
[]
15274
07/01/2017
Steadfast Cameron Park LID
816.00
[]
15275
0701/2017
Steadfast K4ccordBHA, LP
897.00
[l
15276
07701/2017
SuiMan Mak
1148.00
[]
15277
07/01/2017
T&PProperty LLC
104.00
[]
15278
07/01/2017
T&TAsset Holding, LLC
2181.00
[]
15279
07/01/2017
TakioBogrio
027.00
[]
15280
07/01/2017
Tanya HChen
706.00
[]
15281
0701/2017
ThanhK4Tang
670.00
[]
15282
07/01/2817
The Piedrahita Trust ^B"
1666.00
[]
15283
07/01/2017
The Promenade Apartments
2229.00
[]
15284
07/01/2017
TherimaLTyok
883.00
[l
15205
0701/2017
Thomas Pang
1158.00
El
15288
0701/2017
TinhVan Le
477.00
[]
15287
0701/2017
TKMANAGEMENT & INVESTMENT CORP.
1115g0
[]
15288
07/01/2017
TomQnquegnani
1054�00
[]
15289
07/01/2017
Tom Lee
997.00
[l
15290
07/01/2017
Tuan Viet Ho
1481.00
[]
15291
07/01C2017
UpHill Investment Inc.
1138.00
El
15292
07/01/2017
Van T Tran
82500
El
15293
07/01/2017
Velma Alarcon Gandara
1242.00
0
15294
07/01/2017
Vijay Gulati
2344.00
EI
15295
07/01/2017
Villa Olive Oak
527.00
El
15296
07/01/2017
Vinh H. Lai
889.00
El
15297
07/01/2017
Vinh Hong Lai
2939.00
El
15298
07/01/2017
Vintage West Covina
10178.00
El
15299
07/01/2017
Virginia Carlson
840.00
El
15300
07/01/2017
Wai Keng Tam
975,00
E)
15301
07/01/2017
West Covina Senior Villas 11, LP
591.00
El
15302
07/01/2017
West Covina Seniors Villas 1
875.00
El
15303
07/01/2017
Widaya Tiono
70.00
El
15304
07/01/2017
William J Rogers
807.00
El
15305
07/01/2017
Wilson Apartment Associates L.P.
3345.00
El
15306
07/01/2017
Woodside Village Apartments LP
6465.00
El
15307
07/01/2017
Xitialai Sanchez
521.00
El
15308
07/01/2017
Xuan Wang
1634.00
El
15309
07/01/2017
Xue Fen Xu
1224.00
El
15310
07/01/2017
Xuyen Thach Han
1550.00
El
15311
07/01/2017
Y & H Investment, Inc.
1889.00
El
15312
07/01/2017
Zelmira Medina
1390.00
15313
07/01/2017
Zi Jian Li
1739.00
15314
07/11/2017
1024 Royal Oaks LP dba Whispering Fountains
38.00
El
15315
07/11/2017
Lark Ellen Village
452.00
El
15316
08/01/2017
1024 Royal Oaks LP dba Whispering Fountains
10780.00
El
15317
08/01/2017
Aaron Abdus Shakoor
1028.00
E]
15318
08/01/2017
Alan Wu
764.00
El
15319
08/01/2017
Alejandra Gutierrez
675.00
El
15320
08/01/2017
Alfonso Contreras
217.00
El
15321
08/01/2017
Allan M. & Virginia J Chipp and Ralph Seline
2918.00
El
15322
08/01/2017
Alta Vista Villas, LP
620.00
El
15323
08/01/2017
Amparo M Limon
1236.00
0
15324
08/01/2017
Amy Loi
528.00
El
15325
08101/2017
Amy Si On
852.00
El
15326
08/01/2017
Ana Thai
966.00
El
15327
08/01/2017
Andrew & Eva Fogg
1272.00
El
15328
08/01/2017
Andrew Imbat
878.00
D
15329
08/01/2017
Angel Roma
697.00
El
15330
08/01/2017
Anna & Simon Choi
1233.00
El
15331
08/01/2017
Annette C Scott
1500.00
E]
15332
08/01/2017
Antonio & Aida Rinos
1458.00
El
15333
08/01/2017
Antonio R. Corral
575.00
El
15334
08101/2017
ASCENSION HOLDINGS LLC
949.00
El
15335
08/01/2017
Aureliano Flores
817.00
[1
15336
08/01/2017
B.K. Mamdani
1231.00
El
15337
08/01/2017
Badillo Street Senior Apartments, LLC
12657.00
@� HAPPY Software F:Iage6 08/07/2017 4.28:38 PV
[]
15338
0801/2017
Baldwin Park Family Housing Limited
10901.00
[]
15338
08/ 01/2017
BeetricePyatt
1028,00
[]
15,340
0801/2017
Becky Binh NAuyetLuu
1806.00
[]
15341
08/01C2017
Betty WSweet
064.00
[]
15342
0801/2017
Bil|yTheodormhopou1om
61480
[]
15343
08/01/2017
Blessed Rock wfBMonte
2528.00
[]
15344
08/01/2017
Bobby Roach
1299.00
[]
15345
0801/2017
Burne|&Mae Smith
17O2.00
015346
08/01/2017
Carol Hinds
��'
642.00
[]
15347
08/01/2017
Catherine Hunnicutt
1060.00
[]
15348
0801/2017
Central Apartments #2
1675.00
[]
15349
08/01/2017
Chen Jackson
1147.00
[]
15350
0801/2017
Chin -Kuen0Chang
749.00
[]
15351
08/01/2017
CHLVBmup Real Estate
792.00
[]
15352
08/01/2817
Cho Wu
96.00
[l
15353
08/01/2017
ChristinaViUasenmr
109700
[]
15354
0801/2017
OeneQmGarden Apartments
2630.00
[]
15355
08/01/2017
C|ineftG|ozis
1Z
490.00
[]
15350
0801/2017
Covina D23Woods 2O6LIP PamaManagement 20O
485D0
[]
15357
0801/2017
CSC Investment, LLC
454.00
[]
15358
08/01/2017
Cynthia Pham
743.00
[]
15359
08/01/2017
Dajojo.LLC
832.80
[l
15360
08/01/2017
Denise Van Pham
1119.00
[]
15361
08/01/2017
Derek Sim
1083.00
[]
15802
0801/2017
Dieu Van Huynh
081.00
[]
15363
0801/2017
8ieu-ThuyNuTon
1417.00
[]
15304
0801/2017
Dimi1hsPepadopmo|uus
1284.00
[]
15365
0801/2017
Doan & Lily Thi
Z
1370.00
[]
15366
0801/2017
DmmnhmDwHu
1235.00
[]
15367
08@1/2017
Don Norwood
1231.00
[l
15388
00/01/2017
Donna JFalls
762.00
[]
15369
08/01/2017
Doreen Han
830.00
[l
15370
0801/2817
Dung Tran
116800
[]
15371
08/01/2017
EAST QU|NCYWAY, LLC
802.00
[)
15372
0801/2017
Eduardo Santos Hernandez
1000.00
[]
15373
0801/2017
Emilio DeJesus Cruz
031�00
[]
15274
0801/2017
Eric C.Otte
628.00
[]
15375
0801/2017
Estate ofRosetta Mix
658.00
[]
16376
08/01/2017
Eunice Property, LLC
Z
889.00
[]
15377
0801/2017
EZ APT LLC
834.00
[]
15378
08/01/2017
Fanny Chan
641.00
[]
15378
08/01/2017
Fat Law
Z
897.00
[]
15380
0801/2017
Fernando Islas
1058.00
[]
15381
08/01/2017
Fred Lau
885�00
[]
15382
08/01/2017
Gilbert Dominguez
Z
1949.00
0
15383
0801/2017
G|eibermenProperties, Inc -FBOK8G Properties Group
0
1645.00
[]
15384
08K01/2017
8raceChiou
1248.00
[]
15305
08X01/2017
Greater San Gabriel Valley Property Management, Inc
1491.00
[]
15,386
08/01/2017
Group |X8PProperties, LP
559,00
[]
15,387
08/01/2017
Guillermo Vasquez
106800
[]
15388
08/01/2017
HaXuVan
1437.00
[]
15389
08/01/2017
Henry Ho
823.00
01539O
08/01/2017
Henry Wong
�0
~~
1698.00
[]
15391
08/01/2017
Heritage Park Villas LP
13934�00
[]
15382
08/01/2017
Hilbert Properties ||
1858.00
[]
15303
08/01/2017
HsimmLiChao
540.00
[]
15394
08/01/2017
Hui Chuan Wang
4072.00
[]
15395
08/01/2017
HUYVU
78800
[]
15395
08/01/2017
|sabe|RSanchez
103800
El
15397
00/01/2017
James orBarbara Fox
750.80
E]
15388
08/01/2017
JBMVVInvestment, LLC
67000
[]
15309
08/01/2017
Jeff Ma
76600
[]
15400
08/01/2017
Jesse S. Gonzalez
680,00
E]
15401
08/01/2017
Jia LGao
1151.00
[]
15402
00/01/2017
Jianhmng Zhen
1013,00
[]
15403
08/01/2017
Jim & Nancy Bailey
804.00
[]
15404
08/01/2017
Jocelyn Jae Jhong
1761.00
[l
15405
08/01/2017
Joe Clark
2258.80
[]
15406
08/01/2017
John Nguyen
105000
[]
15407
08/01/2017
John W. Ruwitohand AnhLam TruonQ
905,00
[]
15408
08/01/2017
John Young
0�
.~
496.00
[]
15409
08/01/2017
Joseph H. Garcia
2968�00
[]
15410
08/01/2017
Joseph Pham
81700
[]
15411
08/81/2017
Joseph T.Tung
1079.00
[]
15412
08/01D017
Juan Alvarado
495.80
[]
15413
08/01/3017
Kan Investments LTD, LLC
500.80
[]
15414
08/01B017
Karen Lin
917.00
[]
15415
08/01/2017
Karen MHo||inhunst
89500
[]
15416
08/01/2017
Kim Chau
758,00
[]
15417
08/01/2017
Kimberly Nguyen
817.00
[]
15418
08/01/2017
Kimberly Dao
1070,00
[]
15419
08/01/2017
Kin VVaiWong
897.00
[]
15420
08/01/2017
Kristen ThuyPhan
682�00
[]
15421
08/01/2017
KyTrmn
148500
[]
15422
08/01/2017
LAI MING LEUNG
741.00
[]
15423
08/01/2017
Lambert Lam
1005,00
[]
15424
08/01/2017
Lan Hua Mi Ku
1217.00
[]
15425
08/01/2017
Lark Ellen Village
6712.00
[]
15428
08/01/2017
Larry Chow
4547.00
[]
15427
08/01/2017
LanyMimms
106700
0
15428
08/01/2017
Larry Pratt nrDoreen E.Ewing
1257.00
[]
15429
08/01/2017
Lawrence and/or Lorraine Soimeco
1420.00
El 15430
08/01/2017
Lee Quoc Dung Tran
532.00
D 15431
08/01/2017
LEFA Trust
954.00
El 15432
08/01/2017
Leslie K Ng
996.00
D 15433
08/01/2017
Lien Diep
90400
[1 15434
08/01/2017
Lois J Gaston
1850.00
El 15435
08/01/2017
Louis Tong
1093.00
0 15436
08/01/2017
Lourdes Vela
2676.00
El 15437
08101/2017
Luan Trong Hoang
719.00
El 15438
08/01/2017
Lucena A Ewing
2397.00
El 15439
08/01/2017
Lucille Fulmer
1352.00
El 15440
08/01/2017
Lupe Barajas
568.00
El 15441
08/01/2017
Mack E Titus
25.00
El 15442
08/01/2017
Malcolm Oso
552.00
[:] 15443
08/01/2017
Mallorca Apartments, LTD
888.00
El 15444
08/01/2017
Man Sze Ma
955.00
El 15445
08/01/2017
Maria C Dioses
799.00
El 15446
08/0112017
Maria Luisa Fernandez
663.00
El 15447
08/01/2017
Marina Alvarez
904.00
El 15448
08/01/2017
Mark T. Fernandez
422.00
0 15449
08/01/2017
Martha Cortez
1246.00
El 15450
08/01/2017
Mary L Haynes
996.00
E] 15451
08/0112017
Mayra Ortega
995.00
El 15452
08/01/2017
Melody (Muoi) Dao
1202.00
El 15453
08/01/2017
Michael H Phuong
1337.00
El 15454
08/01/2017
Michelle Toliao Fernandez
750.00
El 15455
08/01/2017
Mike and Ruth Serrato
2192.00
El 15456
08/01/2017
Minh A Nguyen
1091.00
El 15457
08/01/2017
Mohamad Tavakkoli
3931.00
El 15458
08/01/2017
Monet Huong Nguyen
711.00
El 15459
08/01/2017
Monica Alber
930.00
El 15460
08/01/2017
Monrovia 612, LPI
6578.00
El 15461
08/01/2017
Monrovia Heritage Park LP
15367.00
El 15462
08/01/2017
Monrovia Heritage Park LP
895.00
El 15463
08/01/2017
Mousa Boushaaya
890.00
E] 15464
08/01/2017
Nancy H Shen
786.00
D 15465
08/01/2017
Nomer Lacson
1440.00
El 15466
08/01/2017
Olie S Johnson
887.00
El 15467
08/01/2017
Pacific Towers Senior Apartments ® TDF LP
1900.00
El 15468
08/01/2017
PAMA IV Properties, LP
1794.00
El 15469
08/01/2017
Panfilo C. Rodriguez
1087.00
El 15470
08/01/2017
Paramjit S Nijjar
1988.00
El 15471
08/01/2017
Paul & Annie W Chau
975.00
El 15472
08/01/2017
Paul Yan
683.00
[1 15473
08/01/2017
Paul Yen
597.00
El 15474
08/0112017
Peck Road Properties, LLC
794.00
D 15475
08/0112017
Pedro Graciano
1144.00
C � tAPF1Y,1.;oftware Frage 9 08/07/2017 42&35 IPM
0
15476
08/01/2017
Peter R Nasmyth
N-
867.00
El
15477
08/01/2017
Philip Tsui
z
731.00
El
15478
08/01/2017
PI Properties No. 12 LLC DBA Villa Capri Apartments
Lq
1244.00
El
15479
08/01/2017
Post Brookhollow, LP
2877.00
E]
15480
08/01/2017
Primrose Villa
6243.00
El
15481
08/01/2017
Quoc T. Vo
1386.00
El
15482
08/01/2017
Quy Duc Tran
1130.00
El
15483
08/01/2017
Ralph V. Parra
741.00
E]
15484
08/01/2017
Ramiro Viramontes
561.00
El
15485
08/01/2017
RAMONA BLVD FAMILY APARTMENTS, L.P.
3575.00
El
15486
08/01/2017
Raul Varela Ayala
895.00
El
15487
08/01/2017
Richard A DaSylveira
1220.00
El
15488
08/01/2017
Ro Van Le
707.00
El
15489
08/01/2017
Robert Lawe
1935.00
El
15490
08/01/2017
Roger Hin Nam Mak
7873.00
El
15491
08/01/2017
Roland Wiekamp
1201.00
[:1
15492
08/01/2017
Roman Basin
1104.00
D
15493
08/01/2017
Ronald & Pamela Layne
531,00
0
15494
08/01/2017
Rosa Beltran
1578.00
El
15495
08/01/2017
Rosa Lamas-Serratos
1704.00
El
15496
08/01/2017
Rosalba Cuartas
788.00
El
15497
08/01/2017
Rosie Leon
787.00
15498
08/01/2017
Roy Lam
562.00
15499
08/0112017
Ruel Torres
743.00
D
15500
08/01/2017
SAE GROUP, LLC
1235.00
El
15501
08/01/2017
Sam Gurfinkel
1231.00
El
15502
08/01/2017
Sandra Dowell
646.00
El
15503
08/01/2017
Sara Ramo
96100
El
15504
08/01/2017
Scott Qizhang Chen
1194.00
El
15505
08/01/2017
Sel Homes LLC
8315.00
El
15506
08/01/2017
Sergio Molina
187.00
El
15507
08/01/2017
Serrano West Covina #1 99W, LP
452.00
El
15508
08/01/2017
Shiu-Ein Huang
941.00
El
15509
08/01/2017
Siu Fung Mak
1575,00
El
15510
08/01/2017
Sophia Wong
1654.00
El
15511
08/01/2017
Steadfast Cameron Park LP
816.00
El
15512
08/01/2017
Steadfast Mccord BHA, LP
897.00
El
15513
08/01/2017
Sui Man Mak
1134.00
El
15514
08/01/2017
T & P Property LLC
129.00
El
15515
08/01/2017
T & T Asset Holding, LLC
2181.00
El
15516
08101/2017
Takis Bogris
627.00
El
15517
08/01/2017
Tanya H Chen
706,00
El
15518
08/01/2017
Thanh M Tang
670.00
El
15519
08/01/2017
The Piedrahita Trust "B"
z
1694.00
El
15520
08/01/2017
The Promenade Apartments
2229.00
El
15521
08/01/2017
Therisa L Tyck
863.00
C 9 APPY Software P',,.ige 10 08107/2017 4:28:35 RV
[] 15522
0801/2017
Thomas Pang
1158.00
[] 15523
0001/2017
TlnhVan Le
477.00
[] 15524
0801/2017
TK MANAGEMENT & INVESTMENT CORP,
1115.00
El 15525
0801/2017
TomQnquognani
Z
1023.00
[] 15526
0001/2017
Tom Lee
1Z
99700
D 15527
08/01/2017
Tuan Viet Ho
Z
1481.00
[] 15528
0801/2017
UpHill Investment Inc.
1138.00
0 15529
08/01/2017
Van TTran
825.00
[] 15530
08/01/2017
Velma Alarcon Gandmro
Z
1242�00
[] 15531
88/01/2017
VijayGu|ati
2450.00
[] 15532
08/01/2017
Villa Olive Oak
527.00
[] 15533
08/01/2017
VinhH. Lai
Z
889.00
[] 15534
0801/2017
VinhHong Lai
285300
[] 15535
00/01/2017
Vintage West Covina
10178.00
[] 15536
08/01/2817
Virginia Carlson
840.00
[] 15537
08/01/2017
VVaiKmngTam
Z
875.00
[] 15538
08/01/2017
West Covina Senior Villas ||.LP
591.00
E] 15589
08/01/2017
West Covina Seniors Villas |
875.00
[] 15540
08/01/2017
VVidmyaTiono
1Z
43.00
El 15541
0801/2017
William JRogers
807.00
[l 15542
08/01/2017
Wilson Apartment Associates LP.
3345,00
[] 15543
08/01/2017
Woodside Village Apartments LP
6465.00
E] 15544
08/01/2017
XiUm|mi8mnuhmz
521.00
[] 15545
08/01/2017
XumnVVang
1244.00
[] 15546
08/01/2017
XueFen Xu
1224.00
[] 15547
08/01/2017
XoyenThmohHan
1550.00
E] 15548
08/01/2017
Y& H Investment, Inc.
1888.00
[] 15549
0801/2017
Ze|mimkAedina
1380.00
El 15550
0EV01/2017
ZiJianLi
1739.00
[] 72072
07/01/2017
RuthSemato
2021.00
[] 72077
08/01/2017
Beverly & Lucas, LLC
1714.00
[] 72080
08/01/2017
Clifford KACarlson
503.00
[] 72084
08/01/2017
Jose Bmude|ioDelgado
��
1754.00
[] 72089
00/01/2017
RuthSermato
1527.00
Total
Average
Unit Count
Average Weighted bvUnit Count
Hard tOHouse Count
OT, HAPPY Software Pagell 08/07120,17 4�2&35F:11M
BALDWIN PARK
MUNICIPAL FINANCING AUTHORITY
AUGUST 16, 2017
7:00 P
REGULAR MEETING
COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
VONLDI
HUB:OF e
WAft
7 N E
Vr
SAKI GABRIEL
VA L LESY'
Manuel Lozano - Chair
Susan Rubio - Vice Chair
Cruz Baca - Board Member
Monica Garcia - Board Member
Ricardo Pacheco - Board Member
PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS
POR FAVOR DE APA GAR SUS TELEFONOS CELULARES Y HEEPES DURANTE LA JUNTA
................ _.....
PUBLIC COMMENTS
The public is encouraged to address the Baldwin Park
Municipal Financing Authority on any matter posted on
the agenda or on any other matter within its jurisdiction. If
you wish to address the Board, you may do so during the
PUBLIC COMMUNICATIONS period noted on the
agenda. Each person is allowed three (3) minutes
speaking time. A Spanish speaking interpreter is available
for your convenience,__ ._ ...__ _....
COMENTARIOS DEL PUBLICO
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inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours
(Monday - Thursday, 7:30 a.m. - 6:00 p.m.)
BALDWIN PARK MUNICIPAL FINANCING AUTHORITY
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Cruz Baca, Ricardo Pacheco, Monica Garcia,
Susan Rubio Vice Chair and Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
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THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances
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ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISI6N
No se podra tomar acci6n en algirn asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o
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Gobiemo §54954.2]
CONSENT CALENDAR
1. ADOPT BY-LAWS AND CONFLICT OF INTEREST CODE FOR BALDWIN PARK MUNICIPAL
FINANCING AUTHORITY
Staff recommends that the Board of Directors adopt the resolution adopting the by-laws,
confirming the officers, and establishing the dates, time and place of regular meetings of the
Baldwin Park Municipal Financing Authority.
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, Secretary of the Baldwin Park Municipal Financing Authority hereby certify under penalty of perjury
under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less
than 72 hours prior to the meeting. Dated this 10TH day of August, 2017.
r
'Aiejia"dra Avila
Secretary
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for
public viewing and inspection at City Hall, 2nd Floor Lobby Area or at 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 avilGt,efaba lwiy gtkxoiai ;.
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ITEM NO................�
STAFF REPORTON
TO: Honorable Chairman and Members of the Board of the
HUBOF Baldwin Park Municipal Financing Authority
THE FROM: Rose Tam, Director of Finance
SAN GABRI L
VALLEY 4
0 JA„ DATE: August 16, 2017
SUBJECT: ADOPT BY-LAWS AND CONFLICT OF INTEREST
CODE FOR BALDWIN PARK MUNICIPAL
FINANCING AUTHORITY
SUMMARY
This item will approve By -Laws and a Conflict of Interest Code for the Baldwin Park Municipal
Financing Authority,
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends that the Board of Directors adopt the resolution adopting the by-laws,
confirming the officers, and establishing the dates, time and place of regular meetings of the
Baldwin Park Municipal Financing Authority.
BACKGROUND/DISCUSSION
On July 19, 2017, the City Council of the City of Baldwin Park and the Board of Directors of the
Baldwin Park Housing Authority approved a joint exercise agreement forming the Baldwin Park
Municipal Financing Authority (Financing Authority). The Financing Authority is a joint
exercise of powers authority authorized to purchase bonds issued by its member entities for
financing public capital improvements and to sell such bonds to public or private purchasers at
public or by negotiated sale. The Financing Authority also may borrow money for the purpose of
refunding its bonds, notes and other obligations and to provide financing and refinancing for
capital improvements of member entities.
As its first order of business, the Financing Authority must adopt By -Laws and a Conflict of
Interest Code.
The By -Laws confirm the appointment of the City Council as the members of the Board of
Directors of the Financing Authority. The Mayor and Mayor Pro Tem are appointed to act as the
Chair and Vice Chair of the Financing Authority, the City Chief Executive Officer is appointed
to act as the Executive Director, the City Clerk is appointed to act as Secretary and the City
Director of Finance is appointed to act as the Treasurer.
The By -Laws establish the regular meetings of the Municipal Financing Authority, which will
take place on a quarterly of the on the third Wednesday of January, April, July and October of
each year.
Adoption of By -Laws and Conflict of Interest Code for Baldwin Park Municipal Financing Authority
August 16, 2017
Page 2
The Financing Authority will adopt the City's Conflict of Interest Code as the Conflict of
Interest Code for the Financing Authority.
LEGAL REVIEW
This report has been reviewed by the City Attorney.
ALTERNATIVES
The Board may choose to not approve and adopt the By -Laws, and consequently, the City will be
unable to refinance the 2004 Lease Revenue Bonds.
ATTACHMENTS
1. Resolution of the Baldwin Park Municipal Financing Authority [MFA 2017-001]
2. By -Laws of the Baldwin Park Municipal Financing Authority
r
BALDWIN, PARK MUNICIPAL FINANCING AUTHORITY
RESOLUTION NO. MFA 2017-001
RESOLUTION OF THE BALDWIN PARK MUNICIPAL FINANCING AUTHORITY
ADOPTING THE BY-LAWS OF THE AUTHORITY, CONFIRMING THE OFFICERS
OF THE AUTHORITY, ESTABLISHING THE DATES, TIME AND PLACE OF
REGULAR MEETINGS OF THE AUTHORITY AND ADOPTING A CONFLICT OF
INTEREST CODE
RESOLVED, by the Board of Directors (the "Board") of the Baldwin Park Municipal
Financing Authority (the "Authority") as follows:
WHEREAS, the City of Baldwin Park (the "City") and the Baldwin Park Housing
Authority ("the Housing Authority") have heretofore executed a Joint Exercise of Powers
Agreement, dated as of July 19, 2017 (the "Agreement"), by and between the City and the
Housing Authority, which agreement creates and establishes the Authority; and
WHEREAS, it is now necessary and desirable for the Authority to take certain
administrative actions relating to the Authority;
NOW, THEREFORE, it is hereby DECLARED and ORDERED, as follows:
Section 1. The by-laws attached hereto as Exhibit A (the "By -Laws") are adopted as the
By -Laws of the Authority.
Section 2. Pursuant to Section 2.2 of the By -Laws, the Mayor of the City shall be Chair of
the Authority.
Section 3. Pursuant to Section 2.3 of the By -Laws, the Vice Mayor of the City shall be Vice
Chair of the Authority.
Section 4. Pursuant to Section 2.4 of the By -Laws, the Chief Executive Officer of the City
shall be Executive Director of the Authority.
Section 5. Pursuant to Section 2.5 of the By -Laws, the City Clerk shall be Secretary of the
Authority.
Section 6. Pursuant to Section 2.6 of the By -Laws, the Director of Finance of the City shall
be Treasurer of the Authority.
Section 7. The regular meetings of the Authority shall be held at the at 14403 East Pacific
Avenue, Baldwin Park, CA 91706, or such other place as the Board may designate from time to
time, at such time as may be designated by appropriate notice. Such regular meetings shall
occur quarterly on the third Wednesday of January, April, July and October of each year. In the
event that the Chair of the Authority determines that there will be no business to transact at
such meeting, such meeting of the Authority may be canceled. All meetings shall be noticed in
in compliance with the California Brown Act and other federal, state or local regulatory noticing
requirements.
Section 8. Whenever an officer of the City is designated an officer of the Authority, the
assistants and deputies of such officer from time to time shall also be, ex officio, officers of the
Authority and whenever a power is granted to, or a duty imposed upon, such officer, the power
may be exercised, or the duty performed, by such assistant or deputy.
Section 9. Pursuant to Section 1.5 of the By -Laws, the City Conflict of Interest Code is
hereby adopted as the Conflict of Interest Code of the Authority. The officers of the Authority
shall report financial interests according to categories 1, 2, 3, and 4 as specified in that Code.
Section 10. The Board hereby determines that an audit shall be caused to be performed
by the Treasurer of the Authority as required by section 6505 of the California Government
Code. Such audit shall be filed with the Secretary of the Authority.
Section 11, This Resolution shall take effect upon its adoption by the Board.
APPROVED AND ADOPTED this 16th day of August 2017.
MANUEL LOZANO
CHAIR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, the undersigned Secretary of the Baldwin Park Municipal
Financing Authority, hereby certify that the foregoing is a full, true and correct copy of a
resolution duly adopted by the Board of Directors at a meeting thereof on the 16th day of
August, 2017, by the following vote of the members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
ALEJANDRA AVILA
SECRETARY
Resolution No. MFA 2017-001
Page 2
Attachment #
BY-LAWS
OF THE
BALDWIN PARK MUNICIPAL FINANCING AUTHORITY
Adopted August 16, 2017
ARTICLE I
THE AUTHORITY
Section 1.1. Name. The official name of the Authority shall be the "Baldwin Park
Municipal Financing Authority." The Authority was created pursuant to the Joint Exercise of
Powers Agreement, dated as of July 19, 2017 (the "Agreement"), between the City of Baldwin
Park (the "City") and the Baldwin Park Housing Authority (the "Housing Authority").
Section 1.2. A e_rQ(, Board Members. The Authority shall be administered by a
governing board of directors (the "Board") that shall consist of five members of the City Council
of the City. The term of office as a member of the Board shall terminate when such member of
the Board shall cease to hold its respective office on the City Council of the City, and the
successor to such director of the City shall become a member of the Board, upon assuming such
office.
Section 1.3. Office. The business office of the Authority shall be 14403 East Pacific
Avenue, Baldwin Park, CA 91706, or at such other place as may be designated by the Board.
Section 1.4. Compensation. Board members shall serve without compensation by the
Authority. Board members shall receive compensation or reimbursement of expenses by the
City in the same manner as other duties performed in the course of service to the City.
Section 1.5. Conflicts of Interest. The Authority shall adopt the City Conflict of Interest
Code as its Conflict of Interest Code.
ARTICLE II
OFFICERS
Section 2.1. Officers. The Officers of the Authority shall be the Chair, Vice Chair,
Executive Director, Secretary and Treasurer.
Section 2.2. Chair. The Chair of the Authority shall be the member who is the Mayor of
the City. The term of office shall be the same as the term of the Mayor of the City. The Chair
shall preside at all meetings of the Authority, and shall submit such information and
recommendations to the Board as he or she may consider proper concerning the business,
policies and affairs of the Authority.
Section 2.3. Vice Chair. The Vice Chair shall be the member who is the Vice Mayor of the
City. The term of office shall be the same as the term of Vice Mayor of the City. The Vice Chair
shall perform the duties of the Chair in the absence or incapacity of the Chair. In case of the
resignation or death of the Chair, the Vice Chair shall perform such duties as are imposed on
the Chair, until such time as a new Chair is selected or appointed.
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Section 2.4. Executive v Director. The Chief Executive Officer of the City is hereby
designated as the Executive Director of the Authority. The Executive Director of the Authority
shall be responsible for execution and supervision of the affairs of the Authority. Except as
otherwise authorized by resolution of the Board, the Executive Director or the Executive
Director's designee shall sign all contracts, deeds and other instruments executed by the
Authority.
Section 2.5 ecrelamay. The Secretary shall be the person who is the City Clerk and shall
serve at the pleasure of the Authority. The Secretary shall keep the records of the Authority,
shall act as Secretary at the meetings of the Authority and record all votes, and shall keep a
record of the proceedings of the Authority in a journal of proceedings to be kept for such
purpose, and shall perform all incidents to the office.
Section 2.6. Treasurer. The Director of Finance of the City is hereby designated as
Treasurer of the Authority. Subject to the applicable provisions of any trust agreement,
indenture or resolution providing for a trustee or other fiscal agent, the Treasurer is designated
as the depositary of the Authority to have custody of all the money of the Authority, from
whatever source, and, as such, shall have the powers, duties and responsibilities specified in
section 6505.5 of the Act.
Section 2.7. Confirmation of Officers. Confirmation of officers shall be the first order of
business at the first meeting of the Authors
' g Authority, regular or special, held in each calendar year.
Section 2.8 1� tdvisol. The person serving in the position of City Attorney shall act
as the legal advisor of the Authority and shall perform such duties as may be prescribed by the
Board; provided, however, that in the event that the City Attorney determines that a conflict exists
in connection with his or her representation of the Authority as to any specific matter, he or she
shall so advise the Board and the Board shall select such other attorney or firm of attorneys as it
shall determine to act as the legal advisor to the Authority with respect to such matter.
Section 2.9 Autho i v to Bind c No member, officer, agent or employee of the
Authority, without prior specific or general authority by a vote of the Board, shall. have any
power or authority to bind the Authority by any contract, to pledge its credit, or to render it
liable for any purpose in any amount.
ARTICLE III - EMPLOYEES AND AGENTS
Section 3.1. Ap1i phn wrtt c " ] r :[oyees and AYel
6_11.s. The Authority may from time to
time ,request from the City the services of such personnel, counsel or agents, permanent or
temporary, as may be necessary to carry out the business and affairs of the Authority. The
Board may in addition employ temporary professional and technical personnel on such terms
and at such rates of compensation as the Board may determine, for the performance of Agency
business and affairs, provided that adequate sources of funds are identified for the payment of
such temporary professional and technical services.
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ARTICLE IV - MEETINGS
Section 4.1 R;I kl e - i-i„gs. Regular meetings shall be held at the City offices, or at
such other place as the Chair may designate, on dates and at a time as fixed by Resolution of the
Authority. If at any time any regular meeting falls on a legal holiday, such regular meeting shall
be held on the next business day at the same time. Regular meeting will be held in accordance
with the Ralph M. Brown Act.
Section 4.2 Special M(et nSs. A special meeting may be called at any time by the Chair
or the Executive Director by delivering written notice to each member. Such written notice may
be dispensed with as to any Board member who at or prior to the time the meeting convenes
files with the Secretary of the Authority a written waiver of notice. Such waiver may be given
by telegram or telecopy. Such written notice may also be dispensed with as to any member who
is actually present at the meeting. Special meetings will be held in accordance with the Ralph M.
Brown Act,
Section 4.3 t. gsed (�ssioris. Nothing contained in these bylaws shall be construed to
prevent the Board from holding closed sessions during a regular or special meeting concerning
any matter permitted by law to be considered in a closed session.
Section 4.4 lea blic 111,e,tAll public hearings held by the Board shall be held during
regular or special meetings of the Board.
Section 4.5. Adjourning M et sand Continuing Public w Hearin s to Other. Timesor
Places. The Board may adjourn any meeting to a time and place specified in the order of
adjournment. Less than a quorum may so adjourn from time to time. If all Board members are
absent from any regular meeting or adjourned regular meeting the Secretary or Acting Secretary
of the Authority may declare the meeting adjourned to a stated time and place and shall cause a
written notice of the adjournment to be given in the same manner as provided for special
meetings unless such notice is waived as provided for special meetings. A copy of the order or
notice of adjournment shall be conspicuously posted on or near the door of the place where the
meeting was held within 24 hours after the time of the adjournment. When a regular or
adjourned regular meeting is adjourned as provided in this section, the resulting adjourned
regular meeting is a regular meeting for all purposes. When an order of adjournment of any
meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at
the hour specified for regular meetings.
Any public hearing being held, or any hearing noticed or ordered to be held at any
meeting may by order or notice of continuance be continued or re -continued to any subsequent
meeting in the same manner and to the same extent set forth herein for the adjournment of the
meetings; provided, that if the hearing is continued to a time less than 24 hours after the time
specified in the order or notice of hearing a copy of the order or notice of continuance shall be
posted immediately following the meeting at which the order or declaration of continuance was
adopted or made.
Board.
Section 4.6 RaIla1w M. Brown Acct. The Ralph M. Brown Act applies to all meetings of the
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Section 4.7. Quorurn. A majority of the members of the Board shall constitute a quorum
for the purpose of conducting its business and exercising its powers and for all other official
purposes, except that less than a quorum may adjourn from time to time until a quorum is
obtained. Any action or decision of the Authority shall be on motion duly approved by a
majority of a quorum of the Board at a lawfully held meeting.
Section 4.8. Order of Business. The Chair or Executive Director shall prepare or approve
the agenda of all meetings. Business will be conducted according to the agenda, except when
determined by the Board as permitted by law.
Section 4.9. PaerlaaaatLqt a r i roce dure. The presiding officer at the meeting shall
determine the rules of conduct. The presiding officer may be guided by the rules of
parliamentary procedure set forth in Robert's Rules of Order, but failure to follow Robert's
Rules of Order shall not affect the validity of any action or motion duly taken or adopted by the
Board at any lawfully held meeting.
ARTICLE V - AMENDMENTS
Section 5. Amend tints to I aaws, These by-laws may be amended by the Board at any
regular or special meeting by majority vote, provided that a description of the proposed
amendment to any particular section is included in the notice of such meeting.
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