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HomeMy WebLinkAbout2018 02 07NOTICE A CALL... OF A SPECIAL TI IG OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, FEBRUARY 7, 2018 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: February 1, 2018 Al ,, , 5 �- Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on February 7, 2018. Alejandra Avila City Clerk MAN CITY COUNCIL SPECIAL MEETING G Please note Q time and FEBRUARYing 7 20 7 O locationcati on 5:30 PM CITY HALL — 3'd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano - Mayor Ricardo Pacheco - Mayor Pro Tem Cruz Baca - Council member Monica Garcia - Council member Susan Rubio - Council member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda, but only on any matter posted on this agenda. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish-speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar solamente sobre asunto publicado en esta agenda. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado on la agenda. A cada persona se le permite hablar por tres (3) Hay _ .0--� p" ...... a minutos. Ha un intdrpretc gra su convenience CITY COUNCIL SPECIAL MEETING – 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three () minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislative y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.21 1. DOG PARK Presentation by Recreation & Community Services Director Manuel Carrillo. RECESS TO CLOSED SESSION 2. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: Ac ra sig t _ re resentatives: Shannon Yauchzee, Chief Executive Officer, and Sean Gibbons, Coleman Frost LLP f-_rnpjoyee OrOrg,ni ati ark : Police Officer Association; Police Management Employees Association. 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) 4. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: A. Property: 1453 Virginia Avenue (CAN 17-03) Agency Negotiators.- Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Todd Seidner, Virginia Avenue Holdings, LLC Under Negotiation: Price and terms of payment B. Property: 15480 Arrow Highway (CAN 17-04) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Lynn Metrow and Todd Hill, Bud King's Weed Club Under Negotiation: Price and terms of payment C. Property: 4507 Littlejohn Street (CAN 17-05) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Tina Honglin Guan, Lucky Medical Cannabis Development, Inc. Under Negotiation: Price and terms of payment D. Property: 1453 Virginia Avenue, Suite "O" (CAN 17-11) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Chris Coogan, Therapy Crafted Brands, LLC Under Negotiation: Price and terms of payment E. Property: 5010 Calmview Avenue (CAN 17-14) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Erika Villarruel and Art Castillo, Baldwin Park Caregivers Under Negotiation: Price and terms of payment F. Property: 5129 Bleecker Street (CAN 17-16) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Michael Daniel Healy and Chad Everett LaChance, High Point Distribution, Inc. Under Negotiation: Price and terms of payment G. Property: 14808 Arrow Highway (CAN 17-19) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Behnam Rodd, Jasper Rodd, and Luis Franco, Emerald Connection, LLC Under Negotiation: Price and terms of payment H. Property: 13409 Garvey Ave. (CAN 17-20) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Valentina Ambarchyan, Edvin Sanatgar, and Robert Harutyunyan, Checkpoint Distribution, Inc. Under Negotiation: Price and terms of payment I. Property: 428 Cloverleaf Drive (CAN 17-21) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Steve Yazeji, SCS Processing, Inc. Under Negotiation: Price and terms of payment J. Property: 15115 Ramona Blvd. AND 15004 Ramona Blvd. (CAN 17-22) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Rogelio Magana, Rancho Adelanto Development Enterprises Under Negotiation: Price and terms of payment K. Property: 14712 Arrow Highway (CAN 17-23) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Steve Chan, Manuel Suarez, and Gershom Luh, The Grown Folks, Inc. Under Negotiation: Price and terms of payment L. Property: 13450 Brooks Drive, Units A and C (CAN 17-24) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Anthony Samuel and AvShalom Cohen, NRD, LLC Under Negotiation: Price and terms of payment M. Property: 13460 Brooks Drive (CAN 17-25) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Ruben Kachian, Vertical Bliss, Inc. (Kushy Punch) Under Negotiation: Price and terms of payment N. Property: 4802 Littlejohn Street (CAN 17-26) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Rodolfo Aguilar, SGV Caregivers, Inc. Under Negotiation: Price and terms of payment O. Property: 4276 Elton Street (CAN 17-29) (APNs: 8437-016-005, 8437-016-015, and 8437-016-016) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Yichang Bai, W&F International Corporation Under Negotiation: Price and terms of payment P. Property: 14726 Arrow Highway (CAN 17-30) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Anthony Willoughby, Tier One Consulting Under Negotiation: Price and terms of payment Q. Property: 5151 Azusa Canyon Rd. (CAN 17-32) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: David Morgan, Jorge Garcia, Paul Granada, Fausto Alex Chavez, Electric Atom Distribution Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, 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 boord,pnot less than 24 hours prior to the meeting on February 7, 2018. Al andra Avila City Clerk PLEASE NOTE Copies of staff reports and supporting documentation pertaining to each item on this agenda are available too, public viewing and inspection at City Hall, 2& Floor Lobby Area or at the Los Angeles Gowdy 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 aqviIq@_bqldtyvi In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Departn7en? or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) 16OL41 N I A = I I Li Ism FEBRUARY 7, 2018 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Manuel Lozano Ricardo Pacheco Cruz Baca Monica Garcia Susan Rubio Mayor - Mayor Pro Tem - Council Member Council Member Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. �c q; U'F"��117�9 (�!i? P I(1/ SPF frp��,ii',I? f,..."r1� 01 '.1l ,;r Yqpl hi �ilr .,� I`!ii'f� r'I PIS f.L..f)(ffo d ?.If,lhh CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Warehouse CUP/Zoning Presentation by Community Development Director. Presentation by San Gabriel Valley Mosquito & Vector Control District with updates on Zika recent events. 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 accidn en algun asunto a menos qua sea incluido en la agenda, o a menos que exista algOna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracibn en juntas proximas. [Codigo de 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.. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. AMENDED Meeting Minutes of the Special City Council Meetings held on December 13, 2017. B. Meeting Minutes of the Special and Regular City Council, Housing Authority, and Finance Authority Meetings held on January 17, 2018. 3. APPROPRIATE ADDITIONAL FUND FOR THE CITY'S TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE PROGRAM Staff recommends that the City Council: 1) Authorize the Finance Director to transfer $35,000 from Acct. #251-50-560-51100- 00000 to Acct. #251-50-530-51100-00000 and $15,000 from Acct. #242-50-551- 58100-15625 to Acct. #242-50-530-51100-00000 for FY 2017-18 to cover the increased expenditures due to unforeseen damage to City's traffic signals and street lights; and 2) Authorize the Finance Director to make necessary budget adjustments to allow payments as approved for FY 2017-18. 4. APPROVAL OF GENERAL ON CALL ENGINEERING PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN, PLAN CHECK, CONSTRUCTION MANAGEMENT, INSPECTION AND RELATED SERVICES Staff recommends that Council approve a five-year On -Call Professional Services Agreement with Infrastructure Engineers, Inc., for Engineering Services, including Engineering Design, Plan Check, Construction Management, Inspection and Related Services as described in the Scope of Services; and authorize the Mayor to execute the Agreement. 5. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0135 MORGAN PARK AQUATIC CENTER CEILING MAINTENANCE AND ADDITIONAL WORK TO PAINT INTERIOR WALLS AND RE -PLASTER SWIMMING POOL It is recommended that the City Council: 1) Accept the construction improvements by Lucas Builders, Inc. and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $7,825 in retention funds to Lucas Builders, Inc. upon the expiration of the 35 -day notice period. City Council Agenda Page 3 6. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS Staff recommends the City Council to: 1) Execute MOU with the San Gabriel Valley Council of Governments (SGVCOG) related to County homelessness plan development; and 2) Authorize the Director of Recreation and Community Services to execute any further documents. 7. APPROVE TRACT MAP 73928, 4923-4929 FORTIN STREET AND NUBIA STREET Staff recommends that the City Council accept Tract Map 73928 and authorize the City Clerk and staff to sign the final map. 8. APPROVE TRACT MAP 73354 14827-14839 PACIFIC AVE, 47 RESIDENTIAL CONDOMINIUM UNITS Staff recommends that the City Council accept Tract Map 73354 and authorize the City Clerk and staff to sign the final map. PUBLIC HEARING NONE REPORTS OF OFFICERS 9. CONSIDERATION OF TECHNICAL STUDY PREPARATION TO CREATE THE BALDWIN PARK COMMUNITY CHOICE AGGREGATION Staff recommends that Council: 1. Approve and adopt Resolution No. 2017-202, entitled "Resolution of the City Council of the City of Baldwin Park to Conduct a Technical Study to Evaluate a Community Choice Aggregation with California Choice Energy Authority (CCEA);" and 2. Authorize the Chief Executive Officer to engage California Choice Energy Authority to conduct a Community Choice Aggregation Technical Study for a cost not to exceed $63,000; and 3. Authorize the Chief Executive Officer, or his designee, to request the release of load data from Southern California Edison (SCE); and 4. Authorize the Finance Director to appropriate $63,000 from the Future Development Fund (Fund 200) and perform the required budget adjustments for this project. City Council Agenda Page 4 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF RE VESTS COMMUNICATIONS Request by Mayor Lozano for discussion and consideration: direction • Direction to Staff to begin the RFP process for the City Tow Franchise. Request by Mayor Pro Tem Pacheco for discussion and consideration: • A report on the following regarding Police uncollected funds (Booking Fees, DUI Cost Recovery, False Alarms Etc.) and future processing procedures and implementation. • Rules of decorum outlined in the Baldwin Park Municipal Code. Request by Councilmember Baca for discussion and consideration: • 1 would like Staff to look into a location at Walnut Creek Nature Park for a "Memorial Walkway" where there can be a designated place to install plaques or rocks with names of those who have passed before the age of 21. 1 would like to include the following names: 0 Aramazd "Piqui" Andressian and Jordan Rios Macias. • Direct Staff to start planning for the 2018 Street Fair. ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 1St day of February, 2Q1S r / .µ Alejndra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and Inspection at. City Hall, 2"d 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 pviig,�bal;yark cg;if,. 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 ,!°1r1„n°��,,� ,tri i '100F sir JA TO: Honorable Mayor and City Councilmembers FROM: Rose Tam, Director ofFinance,( � ;� DATE: February 7, 2018 SUBJECT: WARRANTS AND DEMANDS. SUMMARY is he Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. IMPACTFISCAL The payroll for the last period was $491,990.52 and the general warrants register was $1,264,733.89 for a total amount of $ 1,756.724.41 LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. BACKGROUND The attached Clairns 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: The payroll of the City of Baldwin Park consist of check numbers 199217 to 199246. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 4589 to 4837 for the periods of December 31, 2017 through January 13, 2018 inclusive; these are presented and hereby ratified in the amount of $491,990.52. 2. General Warrants, including check numbers 217809 to 218115 including bank draft in the total amount of $1,264,733.89 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. 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Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:25 p.m. INVOCATION The invocation was provided by Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEM13ERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that no action was taken on items discussed,. ANNOUNCEMENTS Mayor Lozano announced that there would be an initial selection of ten cannabis permit applicants that would be considered and additional selection may be made at a Special Meeting to be held on Monday, December 18, 2017. Council member Garcia suggested that all applicants who meet the City's criteria be approved and that applicant's be separated by category: cultivation or distribution. City Attorney clarified that there will be a subcategory of distribution only in addition to those applicants that will be doing cultivation, manufacturing and distribution. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Presentation of a Plaque to former Mayor Pro Tem Susan Rubio Mayor Lozano presented Ms. Rubio with a plaque and thanked her for her service as Mayor Pro Tem during 2017. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:34 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Serqio Torres, representing Medical Grade Farms BP, noted that he and his business partners are all local to Baldwin Park and that the company is 100% Latino owned. Todd Hill, representing Bud King's Weed Club, spoke in support of selecting local businesses and expressed hope that his company would be among those issued a permit. Jefferson Liu, representing Cloud Control, Inc., provided a brief overview of Cloud Control and its business approach; expressed enthusiasm for the opportunity to establish a business in the City and employing local citizens at a healthy "living wage." Devin Halloran, representing Kushy Punch, Inc., spoke of what his company has to offer to the City and the community in its employment of locals and its voluntary community involvement. Ro alio Ma ana, representing Rancho Adelanto Development Enterprises, spoke of the business capabilities and noted that his company is appreciative of the opportunity to do business in Baldwin Park. Rob Cathron, representing W & F International Corp., noted that his company has designed a 45,000 sf building for a truck yard but that the terms of the development agreement require that fees be paid on a building that will not exist for another eight to nine months; asked that consideration be given to a delay on the fees until such time that the building is completed. Marco Perez, representing VRD, Inc., opined that his company brings a great deal of experience and quality to the cannabis cultivation industry and hopes that this will be considered when selecting those who are granted a permit. Scott Russe, legal counsel for RUKLI, Inc., noted that this company is has an agreement with the United Food and Commercial Workers and will be paying prevailing wage to truck drivers; also noted that mitigation fees should be handled differently since this business will be dependent on the cultivation companies. Juan Riq , Baldwin Park resident, expressed concern regarding some exposed wires from a light pole, noting that SCE came to fix the problem; opined that City staff is not being responsive to calls regarding problems in City rights of way. Mark Romos, representing United Food and Commercial Workers [Union], spoke in support of selection of RUKLI, Inc., as a cannabis transportation company and noted that there,is a labor peace agreement between the Union and RUKLI; noted that they are committed to paying and protecting workers. A representative of Emerald Connections, Inc., thanked Council for the opportunities being offered to cannabis -related businesses and expressed a commitment to developing and maintaining a beneficial relationship with the community. Nicholas Perez, president of the Inland Empire and California Business Associations, congratulated Council for its move towards creating a strong commerce by allowing cannabis - related businesses in the city. Js�ald, representing Emerald Connections, Inc., thanked Council for the potential business opportunity and supports the suggestion of approving all applicants; opined that it would benefit the community tremendously and that all of the businesses are committed to providing benefit to the city. Special Meeting of 12/13/17 Page 2 of 7 Jacob Dunn, So Eden Edibles, noted that his company owns in excess of 40,000 sq ft of facility but this is broken down into smaller units which are currently occupied; stated that his company and partners are committed to growing a safe and natural product. dean lambert, Cultiv8 Group, echoed comments of others and his hope that Council select his company as a recipient of a permit. David Mor An, Electric Atom Distribution, noted that he and his partners are all Latino Baldwin Park residents; stated that his staff has worked hard on meeting the expectations and criteria as applicants. `alentina Ambarch arr, Checkpoint Distribution, noted that she brings a great deal of experience to the table and that her company is committed to the community. Npr¢ta err q, Baldwin Park resident, spoke admirably about the new bike path project but noted that the bike helmet laws need to be more stringently enforced; noted that she frequently sees school children riding without helmets. Seeing no others wishing to speak, Public Communications closed at 8:16 p.m. CONI SENT CALENDAR Council pulled Item No. 5 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. TREASURER'S REPORT — OCTOBER 2017 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. . MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. AMENDED Meeting Minutes of the Special and Regular City Council Meetings held on November 15, 2017. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. Special Meeting of 12/13/17 Page 3 of 7 AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. AUTHORIZATION TO ENTER INTO A THREE-YEAR CONTRACT WITH SPECTRUM ENTERPRISES FOR INTERNET SERVICES Staff recommends that Council approve and authorize the Chief Executive Officer to execute the 3 -year contract with Spectrum to provide Internet Services to the City. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION —..CITY PROJECT NO. 2017-0205 — STORM DRAIN IMPROVEMENTS AT FRANCISQUITO AVE AND RAMONA BLVD (CORAK STORM DRAIN PH. II) Staff recommends that Council: 1. Accept the construction improvements by Gentry Brothers, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $10,480.71 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35 -day notice period. Council member Baca requested clarification regarding the project funding. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to Accept the construction improvements by Gentry Brothers, Inc. and authorize the recordation of a Notice of Completion; and authorize the payment of $10,480.71 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35 -day notice period. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE RESOLUTION NO. 2017-217 "A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING A BICYCLE AND PEDESTRIAN SAFETY PROGRAM AND APPROPRIATING FUNDS FOR THE PROGRAM" AND APPROVE A CONSULTANT SERVICES AGREEMENT WITH BIKE SGV FOR SERVICES RELATED TO THE PROGRAM Staff recommends that Council: 1. Approve Resolution No. 2017-217 "A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING A BICYCLE AND PEDESTRIAN SAFETY PROGRAM AND APPROPRIATING FUNDS FOR THE PROGRAM"; and, 2. Authorize the Mayor to sign a consultant services agreement with (BikeSGV) for services related to community outreach, education, training and safety audit work in an amount not -to exceed $27,100; and, 3. Authorize the Finance Director to appropriate $40,000 from Fund 270 (Grants Fund) for the Consultant Services Agreement and to purchase promotional materials. Special Meeting of 12/13/17 Page 4 of 7 A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to: Approve Resolution No. 2017-217 "A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING A BICYCLE AND PEDESTRIAN SAFETY PROGRAM AND APPROPRIATING FUNDS FOR THE PROGRAM"; and, 2. Authorize the Mayor to sign a consultant services agreement with (BikeSGV) for services related to community outreach, education, training and safety audit work in an amount not -to exceed $27,100; and, 3. Authorize the Finance Director to appropriate $40,000 from Fund 270 (Grants Fund) for the Consultant Services Agreement and to purchase promotional materials. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2017-0211 SMART PARKING UPGRADES TO TRANSIT STRUCTURE AND SURFACE LOT PARKING PROJECT CIP NO. 42 AND 45 Staff recommends that Council approve the plans and specifications for the Smart Parking Upgrades to Transit Center Parking/Structure and to the Baldwin Park Metrolink Station Parking Lot (City Project No. 2017-0211) and authorize staff to advertise the Invitation to Bid. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve the plans and specifications for the Smart Parking Upgrades to Transit Center Parking/Structure and to the Baldwin Park Metrolink Station Parking Lot (City Project No. 2017-0211) and authorize staff to advertise the Invitation to Bid. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. r 4 COMMISSION CONSENT CALENDAR 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. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to ratify the attached Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Special Meeting of 12/13/17 Page 5 of 7 SA -2 SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK TREASURER'S REPORT — OCTOBER 2017 Staff recommends that Council receive and file the attached Treasurer's Report. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to receive and file the attached Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 8. (CARRIED FROM DECEMBER 6, 2017, MEETING) PUBLIC HEARING FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE AMENDMENT BY URGENCY ORDINANCE TO MODIFY CHAPTER 127 (COMMERCIAL CANNABIS) TO INCREASE THE NUMBER OF PERMITS PERMITTED FROM FIFTEEN TO TWENTY Staff recommends that Council conclude the Public Hearing and, thereafter, waive the reading and adopt by title only Urgency Ordinance entitled, "An Urgency Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 127, Medical and Adult Use Commercial Cannabis, of Title XI, Business Regulations to the City of Baldwin Park Municipal Code." Council member Garcia made a motion to separate those applicants that propose distribution from growing and manufacturing and consider them separately at the Special Meeting scheduled for December 18, 2017. There was no second, therefore the motion died. Mayor Pro Tem Pacheco made a motion, seconded by Mayor Lozano, to pass the Urgency Ordinance but only as to Section E, Distances, Subsection E.1. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to conclude the Public Hearing and, thereafter, waive the reading and adopt only Section E, Distances, Subsection E.1, and not as to increasing of the number of permits to be issued, of the Urgency Ordinance entitled, "An Urgency Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 127, Medical and Adult Use Commercial Cannabis, of Title XI, Business Regulations to the City of Baldwin Park Municipal Code." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. *I - 11-11 9. A REQUEST FOR THE CONSIDERATION OF APPROVAL OF DEVELOPMENT AGREEMENTS FOR COMMERCIAL USE OF CANNABIS (MANUFACTURING, CULTIVATION, AND DISTRIBUTION) Staff recommends that, after consideration of the proposed Development Agreements, that the City Council approve up to twenty Development Agreements for Commercial Cannabis Manufacturing, Cultivation, and Distribution. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the proposed Development Agreement template and negotiation Development Agreements for Commercial Cannabis Manufacturing, Cultivation, and Distribution. Special Meeting of 12/13/17 Page 6 of 7 AYES: Baca, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF RE 1 ESTS COMMUNICATIONS Request by Council member Rubio for discussion and consideration: Create a young ladies conference for March to coincide with International Women's Day. The theme is "Press for Change". Conference to include support in the following areas: * Financial Literacy * Sexual Harassment/ Domestic Violence Prevention * Resume / Branding * Etiquette: American vs. European Council member Rubio noted that she has already been in contact with professionals who would be presenters at the conference on the topics named; suggested that the City partner with the School District so as to insure that young ladies that are set to graduate (Seniors) will be prepared to go into the workforce with essential skills that are not taught in school; requested that Parks and Community Services staff help to coordinate the event. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Rubio, to adjourn the meeting at 8:52 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Special Meeting of 12/13/17 Page 7 of 7 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JANUARY 17, 2018, 5:30 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:45 p.m. by Mayor Pro Tem Pacheco. ROLL CALL PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Ricardo Pacheco ABSENT: Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Pro Tem Pacheco opened Public Communications at 5:45 p.m. 1 h rnas Kerri, San Bernardino resident, commented on the Irwindale Materials Recycling Facility; commented on the permitting of cannabis businesses in the city and that those who partake in cannabis consumption and drive are essentially driving under the influence. Laura Santos, Mount San Antonio College, announced some upcoming events that the college will be hosting. Manuel Suarez, The Grown Folks, spoke about working with the City on business relations and the cannabis industry. Seeing no one wishing to speak, Public Communications closed at 5:53 p.m. OPEN SESSION None. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Guzman v City of Baldwin Park Case No. ADJ1288853 2. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: Property: 13100 Brooks Drive Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Joseph White, Becker Boards Under Negotiation: Price and terms of payment Special Meeting of 1/17/18 Page 1 of 4 3. PUBLIC EMPLOYMENT (GC §54957): Chief Deputy City Clerk 4. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: 6g.qnri� r� representatives: Shannon Yauchzee, Chief Executive Officer, and Sean Gibbons, Coleman Frost LLP )1 Or anizations: General Unit of Maintenance Employees, SEIU Local 721; Police Officer Association (POA); Police Management Employees Association (PMEA) 5. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: A. Property: 1453 Virginia Avenue (CAN 17-03) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Todd Seidner, Virginia Avenue Holdings, LLC Under Negotiation: Price and terms of payment B. Property: 15480 Arrow Highway (CAN 17-04) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Lynn Metrow and Todd Hill, Bud King's Weed Club Under Negotiation: Price and terms of payment C. Property: 4507 Littlejohn Street (CAN 17-05) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Tina Honglin Guan, Lucky Medical Cannabis Development, Inc. Under Negotiation: Price and terms of payment D. Property: 1453 Virginia Avenue, Suite "O" (CAN 17-11) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Chris Coogan, Therapy Crafted Brands, LLC Under Negotiation: Price and terms of payment E. Property: 5010 Calmview Avenue (CAN 17-14) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Erika Villarruel and Art Castillo, Baldwin Park Caregivers Under Negotiation: Price and terms of payment F. Property: 5129 Bleecker Street (CAN 17-16) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Michael Daniel Healy and Chad Everett LaChance, High Point Distribution, Inc. Under Negotiation: Price and terms of payment Special Meeting of 1/17/18 Page 2 of 4 G. Property: 14808 Arrow Highway (CAN 17-19) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Behnam Rodd, Jasper Rodd, and Luis Franco, Emerald Connection, LLC Under Negotiation: Price and terms of payment H. Property: 13409 Garvey Ave. (CAN 17-20) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Valentina Ambarchyan, Edvin Sanatgar, and Robert Harutyunyan, Checkpoint Distribution, Inc. Under Negotiation: Price and terms of payment I. Property: 428 Cloverleaf Drive (CAN 17-21) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Steve Yazeji, SCS Processing, Inc. Under Negotiation: Price and terms of payment J. Property: 15115 Ramona Blvd. AND 15004 Ramona Blvd. (CAN 17-22) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Agency Negotiators: Robert Tafoya, City Attorney Negotiating Parties: Rogelio Magana, Rancho Adelanto Development Enterprises Under Negotiation: Price and terms of payment K. Property: 14712 Arrow Highway (CAN 17-23) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Steve Chan, Manuel Suarez, and Gershom Luh, The Grown Folks, Inc. Under Negotiation: Price and terms of payment L. Property: 13450 Brooks Drive, Units A and C (CAN 17-24) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties:, Anthony Samuel and AvShalom Cohen, NRD, LLC Under Negotiation: Price and terms of payment M. Property: 13460 Brooks Drive (CAN 17-25) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Ruben Kachian, Vertical Bliss, Inc. (Kushy Punch) Under Negotiation: Price and terms of payment N. Property: 4802 Littlejohn Street (CAN 17-26) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Rodolfo Aguilar, SGV Caregivers, Inc. Under Negotiation: Price and terms of payment Special Meeting of 1/17/18 Page 3 of 4 O. Property: 4276 Elton Street (CAN 17-29) (APNs: 8437-016-005, 8437-016-015, and 8437-016-016) Agency Negotiators. Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Yichang Bai, W&F International Corporation Under Negotiation: Price and terms of payment P. Property: 14726 Arrow Highway (CAN 17-30) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Anthony Willoughby, Tier One Consulting Under Negotiation: Price and terms of payment Q. Property: 5151 Azusa Canyon Rd. (CAN 17-32) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: David Morgan, Jorge Garcia, Paul Granada, Fausto Alex Chavez, Electric Atom Distribution Under Negotiation: Price and terms of payment 6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v City of Irwindale Case No. BS163400 Case Name: Tuttle v City of Baldwin Park Case No. 2:16 cv 09167 CAS GJS 7. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) ADJOURNMENT There being no further business, motion was made by Pacheco, seconded by Garcia, to adjourn the meeting at 7:09 p.m. DEPORT ON CLOSED SESSION Mayor Pro Tem Pacheco noted that no action was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 1/17/18 Page 4 of 4 MINUTES BALDWIN PARK FINANCE AUTHORITY JANUARY 17, 2018, 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 9:27 p.m. ROLL CALL Board Mem ers resent: Board Member Cruz Baca Board Member Monica Garcia Board Member Susan Rubio Vice Chair Ricardo Pacheco Chair Manuel Lozano Chair Lozano opened Public Communications at 9:27 p.m. and seeing no one wishing to speak, Public Communications closed at 9:27 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: NOVEMBER 2017 Staff recommends that the Board receive and file the Treasurer's Report. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to receive and file the Treasurer's Report. AYES: NOES: ABSENT: ABSTAIN ADJOURNMENT Baca, Garcia, Lozano, Pacheco, Rubio None. None. None. There being no other business to discuss, and all other matters having been addressed, a motion was made by Pacheco, seconded by Garcia, to adjourn the meeting at 9:28 p. M. Chair ATTEST: Secretary APPROVED: MINUTES BALDWIN PARK HOUSING AUTHORITY JANUARY 17, 2018, 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 9:28 p.m. ROLL CALL Board Members resent: Board Member Cruz Baca Board Member Monica Garcia Board Member Susan Rubio Vice Chair Ricardo Pacheco Chair Manuel Lozano PUBLIC COMMUNICATIONS Chair Lozano opened Public Communications at 9:28 p.m. and seeing no one wishing to speak, Public Communications closed at 9:28 p.m. CONSENT CALENDAR 1. WARRANTS AND DEMANDS Staff recommends that the Board ratify the Warrants and Demands. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to ratify and receive the Warrants and Demands report. AYES: Baca, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio 2. TREASURER'S REPORT: NOVEMBER 2017 Staff recommends that the Board receive and file the Treasurer's Report. A motion was made by Pacheco, seconded by Lozano, 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 Pacheco, seconded by Garcia, to adjourn the meeting at 9:29 p. M. Chair ATTEST: Secretary APPROVED: STAFF REPORT TO: �� NIU o,' it FROM: S A N,G ABJE L , DATE: ' _ SUBJECT: ITEM NO. Honorable Mayor and City Council members Works Sam Gutierrez, Interim Director of Public February 7, 2018 APPROPRIATE FUNDS FOR THE CITY'S TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE PROGRAM SUMMARY This item seeks authorization to appropriate additional funds for the City's traffic signal and street lighting maintenance program for extraordinary maintenance activity due to unforeseen damage to traffic signal and street lighting infrastructure. FISCAL IMPACT This program will have no impact on the City's General Fund. Appropriations of $35,000 from Landscape Lighting Maintenance District (LLMD) — Fund 251 and $15,000 from the Traffic Congestion Relief — Fund #242 will be required to supplement funds. RECOMMENDATION Staff recommends that the City Council: 1. Authorize the Finance Director to transfer $35,000 from Acct. #251-50-560-51100-00000 to Acct. #251-50-530-51100-00000 and $15,000 from Acct. #242-50-551-58100-15625 to Acct. #242-50-530-51100-00000 for FY 2017-18 to cover the increased expenditures due to unforeseen damage to City's traffic signals and street lights; and 2. Authorize the Finance Director to make necessary budget adjustments to allow payments as approved for FY 2017-18. BACKGROUND On February 19, 2014, a traffic signal and street lighting maintenance contract was competitively awarded to CSC for the maintenance of signalized intersections, speed feedback signs, school flashing beacons, City owned street lighting system and some parking lot lighting repairs. CSC has been performing this service satisfactorily. In mid -2016 extraordinary costs associated with hit and run damage to the City's street lighting and traffic signal systems cost the City significant losses where additional funds were requested on April 19, 2017. As part of this request a one-year contract extension was granted to CSC, which expires on June 30, 2018. Additional Funds Request for Computer Services Company Page 2 of 2 Despite the efforts, extraordinary damage repairs have continued through this year mainly due to the aging traffic signal and lighting systems, but more notably, due to an uptick in costly vehicle collisions with traffic signal lighting poles and controllers. After an incident, the City and CSC make all efforts to make the repairs quickly and efficiently to resume the safe and normal operation of the street. Often, these repairs come at a significant cost. Although the City may seek recovery for damages, the reality is that in most cases costs are not recovered in timely manner or not at all. This leaves the City with the burden of covering the costs of incidentals for items such as traffic control, set-up and clean-up in addition to costs associated with the repairs of damaged infrastructure performed by CSC. DISCUSSION This year the City has observed the replacement of four traffic signal controllers, two traffic signal poles and on Ramona Blvd. CSC has made multiple repairs to an aging street lighting system. On the Maine Ave. and Ramona Blvd. public parking lot the lighting system was revamped due to the aging system and lack of available parts. Should City Council approve the appropriation, staff will then work on preparing a Request for Proposal (RFP) to circulate and solicit Traffic Signal and Lighting Maintenance Services from qualified firms. In that proposal, staff will include the services required to upgrade, maintain and respond to the extraordinary the City's traffic signal and lighting network. A recommendation to change services from quarterly problems can be caught and addressed in a timely manner. . Wrillud 11 NW44 III - Me, ALTERNATIVES 1. fliie ('.'Ity Council may choose not to approve the appropriation request tohowever, thi! action would impede CSC from providing traffic signal and street lighting maintenance services. IIWITIWRITIIRSTITS� ITEM NO. .�.�.......................... ..I_m_ STAFF DEPORT I ALD TO: Honorable Mayor and Members of the City Council i U�a1guy O wMy, 'MB "1, Wd1' V FROM: Sam Gutierrez, Interim Director of Public ..DATE: February 7, 2018 s.oalrL � `L SUBJECT: APPROVAL OF GENERAL ON CALL ENGINEERING ar.M PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN, PLAN CHECK, CONSTRUCTION MANAGEMENT, INSPECTION AND RELATED SERVICES SUMMARY This report seeks City Council approval of an General On -Call Engineering Professional Services Agreement to provide Engineering Services. The services will support Staff on various Capital Improvement Program (CIP) Projects including services for Engineering Design, Plan Check, Construction Management, and Inspection. Consultant(s) will also provide services such as Geotechnical and Material Testing, Storm Water Compliance and other engineering related services. The establishment of a General On -Call consultant will eliminate the traditionally lengthy RFP process for selecting consultants for Public Works projects and allow staff the ability to meet the demands of the CIP and deliver projects timely. FISCAL IMPACT The PSAs in and of themselves do not have a fiscal impact on the City's annual budget because the subject services pertain to standard department functions which are included in the Public Works Department budget. The cost for services is included in the appropriations for CIP Projects in the 5 -year CIP Budget and various components of the Operations Budget and it is approved by the City Council on an annual basis. All Request for Services (RFS) Task Orders issued to the Consultant shall be authorized by the Public Works Director and shall be based on the compensation schedule below and not exceed one -hundred twenty thousand dollars ($120,000) unless approved by action of the City Council: RECOMMENDATION Staff recommends that Council approve a five-year On -Call Professional Services Agreement with Infrastructure Engineers, Inc., for Engineering Services, including Engineering Design, Plan Check, Construction Management, Inspection and Related Services as described in the Scope of Services; and authorize the Mayor to execute the Agreement. BACKGROUND At the June 18, 2014, the City Council approved General On -Call Professional Services Agreements (PSAs) for three firms for a term of three years each. On September 2, 2017, the City Council approved an amendment to the PSAs to include Building Inspection and Plan Check Services. On June 7, 2017, the City Council directed Engineering and Related Services Page 2 set to expire on June 18, 2017. The extension was until such time that the RFP process would be co letem On November 17, 2017, the City Council approved the selection and approval of proposals for Building Offici w -i[4- Mzn Check Services. An Engineering Services RFP was posted on the City's website and mailed out on September 25, 2017 f(M [mublication. On October 26, 2017 Staff received eight responding proposals. A multi -departmental revie" [�anel with subject matter experience was assembled to evaluate all submittals. The submittals weilp evaluated utilizing weighted rating methodology based on criteria such as experience, proposed sta understanding of scope and proposed fees. Based on the evaluation process staff presented to City Coun several options to proceed with services. I DISCUSSION In order to expedite the delivery of the City's Capital Improvement Projects the City needs consultants to provide specialized services which are beyond the scope, expertise and capabilities of staff. Current staffing levels limit the number of CIP's that can be delivered in a timeIrLmai—mer, therefore these added services are crucial to meeting the current projects demand. By establishing a General On -Call Consultant to be utilized as needed, the traditional two -to -three months required through the RFP/RFQ process for securing specialized services is eliminated. This alone can provide an immediate and significant benefit for the City as it will save time and resources. All projects assigned to a consultant will still require a separate written Task Order and dependent upon the overall cost, approval would be by the Public Works Director, Chief Executive Officer or the City Council. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. . .............. . . . ___ 1) Council may choose to NOT to approve the PSA and task staff to circulate a new RFP for Engineering Services. This action is not recommended as Infrastructure Engineers was •.. .# qualified and the action may delay the completion of capital projects; or M1 MUMIMM nl�� ATTACHMENTS 1. Request for Proposals - RFP FJM�• III , . Attachment # Lire No og pdbk4 Pliepesal �Iler anwo,ibd��r�w _._ As INeeded Engineering Flan Check, Design, Construction Management, Inspection and Related Services Work Plan Our detailed workplan for the functions these staff members will perform for the City are listed in the following section. City Engineer The current Contract City Engineer is onsite 10 hours per week. We propose starting with 10 hours per week and after the initial evaluation period, the City Engineer's or Deputy City Engineer's hours will be increased, as instructed and approved by the City. • The City Engineer and all assigned support staff will attend meetings with the City Council, Planning Commission, City staff, public officials, community leaders, developers, contractors and the public, when directed by the Director of Public Works, Director of Community Development or City Administration. • The City Engineer will analyze the City's short- and long-term needs, taking into consideration the economic means of the City. Based on analysis, the City Engineer will recommend and administer short- and long-term programs to meet City needs. The City Engineer will prepare and present a bi-weekly status report on all engineering activities to the Director of Public Works. The City Engineer will review and comment on planning related projects, such as conditional use permits, site plans, sub -division maps, etc. The City Engineer will provide consultation and recommendations on various engineering issues, including traffic congestion, street signs and water services. The City Engineer will provide technical advice for the City's personnel assigned to Public Works maintenance activities. The City Engineer will research engineering questions and issues and provide recommendations and solutions. The City Engineer will advise the City regarding engineering, construction financing and grant and grant funding opportunities available from other governmental agencies and research, write and submit all engineering -related grants as part of regular duties. The City Engineer will make recommendations regarding land development project control. The City Engineer will establish and maintain effective working relationships with City staff, utility companies and other agencies, as needed. The City Engineer will meet with City staff to review the Capital Improvement Plan (CIP) and specific projects. On an on-going basis, the City Engineer will review project scope, schedules, cost estimates and review plans, specifications and estimates (PS&E). The City Engineer will maintain a plan review comment and correction log for all capital projects. Infrastructure Engineers' internal process includes a final review of this log prior to recommendation for approval of the plans. The City Engineer will conduct a field review, as needed, to ensure the City's needs are addressed in the project scope of work. • When requested, the City Engineer will oversee PS&E in support of various projects and the City's CIP. • The City Engineer and assigned support staff will assist with other engineering tasks as assigned by the Director of Public Works. uemv���bm�aa� Page 1 1 Proposal -for As -Needed Engineering (Pian Check, Design, Construction Managennent, Inspection and Related Services Engineering Plan Check, Planning and Development Engineer Services Based upon City need and project work load, we offer engineering plan check services on a project -by -project basis. Our staff will provide full plan check services to the City of Baldwin Park. The services offered will include, but are not limited to, the following tasks: Review of subdivision projects. Final map review and approval with signature authority per the City of Baldwin Park Municipal Code and the Subdivision Map Act. Review grading plans. Review sewer plans. Review stormwater plans. Review traffic signal and traffic control plans. Review and comment on traffic impact reports The City Engineer will attend meetings of the Planning and Community Development Divisions, meet with City staff, public officials, community leaders, developers, contractors and the general public, when requested. Staff will provide CUP review, review of subdivision projects, and perform engineering related to residential development projects. Staff will review and comment on planning programs and private land development projects. Staff will provide engineering consultation in connection with the Planning and Development Divisions. Engineering staff will prepare studies, plans and specifications for development projects. Staff will establish performance, labor and material bond amounts and development fees. Construction management staff may provide field inspection during construction Engineering Design Services for Public Works Projects Infrastructure Engineers will provide full engineering design services in support of public works projects. Under the direction and supervision of the Director of Public Works and City Engineer, our team of engineers will take the following approach to engineering projects: • Develop or review traffic signal design, including warrant studies, surveys, research and traffic impact analysis. • Provide civil engineering design services for various CIP projects, including the preparation of PS&E. Provide value engineering services. Develop grading, drainage and floodplain studies when requested. Prepare site development plans. • Prepare pedestrian and bicycle master plans. • Update sewer and storm drain master plans. • Develop stormwater and BMP system design, including erosion and sedimentation control. • Conduct hydraulic and hydrologic studies. Provide sewer capacity studies. For typical CIP projects, the process consists of conducting project kick-off meetings with Public Works personnel and assisting the Director of Public Works in reviewing the project. Specific design criteria Page 12 ra;w ✓� uruuid+av Proposal folr w www s -(Needed Engineering Pian Check, Design, ....::.,_.k Services IgnP Cclr�str�uc4�clm Management, Inspection and �ela�ed...... :..... ti addressed during the meeting, along with preferred project strategies, cost limitations and, most importantly, potential cost savings that can be addressed in designs. • Develop a master schedule for all phases of the assigned program and all capital projects contained in the program, including clear identification of milestones for all facets of work. • As part of Infrastructure Engineers' internal project procedures, all project staff participates in monthly project status meetings with firm principals. The meetings serve as an additional control to ensure all projects move forward on, or ahead, of schedule, and resources are allocated as needed. Furthermore, the meetings allow our staff to be continually aware of project status, schedule and milestones. • Maintain communication with the Director of Public Works, including monthly written status reports and project status meetings, as needed, in addition to reviews at 35%, 65%, 95% and 100% levels of completion, as needed per project. Although monthly reports will be provided, Infrastructure Engineers will proactively keep the Public Works Director informed of any new developments, issues or factors involved in the project and alternatives to solve any unforeseen items. • In addition to communication, Infrastructure Engineers staff will prepare agendas of special items that warrant discussion at project status meetings, and prepare and distribute minutes with action items to involved parties. Convene an initial meeting with key design team members and City Public Works staff to review and confirm detailed project scope, schedule milestones, construction objectives, and other pertinent project details. During this meeting, design criteria and parameters will be discussed and established for each of the various elements, and incorporated into the project. Useful records pertaining to the proposed work may exist, such as existing improvement plans, maps, as - built drawings, utility plans, reports, studies, and other pertinent information within the projects' limits. Additionally, there may be proposed improvements that will affect the design of the project. The design team will review these existing records and incorporate them into the design program as appropriate. The City, county and utility companies will be contacted and any information obtained will be used as a part of the base map. Perform land surveys for the project. Perform a site investigation to evaluate the existing condition of items pertaining to the design. During this investigation, locations of damaged or distressed features will be inspected, confirmed and summarized, if required. Americans with Disabilities Act (ADA) accessibility compliance will be reviewed and non-compliant features noted. Existing drainage patterns will be reviewed for street projects so that any changes to eliminate ponding can be identified. Conduct fieldwork to verify the locations of surface utility features within the project limits. During the field investigation, validate the locations of other special features and items such as traffic signal loops. In conjunction with information researched, notify affected utility companies of the impending project. Surface features requiring adjustment will be identified and properly coordinated with the corresponding utility company. If the proposed improvements interfere with existing utilities, we will arrange to have potholes taken by the utility company. If the utility company has prior rights, we will negotiate with a contractor to pothole the area for a fee as part of extra services. We will provide the City with copies of all correspondence with the utility companies compiled in a book report at the submittal of 95% plan completion, to ensure due diligence and follow-through with the utility companies. Infrastructure Engineers will review available existing analysis reports. Based on review of the reports, we will recommend to the City if an additional, supplemental or completely new reports or analysis will be needed. Our subconsultant geotechnical engineer will conduct pavement testing or subsurface analyses. .......... .......... — p®am ua��u Page 13 yMaua rr �° �m�rl IProlposal for ro' eeded IEngl k9 9 Inspection IRellafed Services 51 c" As®I�.. w w...u�eeroo�q Plan Check, Design, Coins Mana eirnent, Inspectilon an to w Wm�wices A base map will be prepared and used for the preparation of construction drawings. This will show existing features necessary to depict the intended work within the project. As -built plans, field measurements and field survey work will be used for the compilation. The field survey work will be limited to those items and areas necessary for the proposed design. This includes obtaining adequate topography and cross sections in areas of street widening or water or sewer line projects. This approach is anticipated to present a cost savings to the City while maintaining intent and quality of work. • Prepare plans to City standards utilizing base mapping and agreed improvement concept. Appropriate City, APWA or other agency standards will be utilized and additional detailing will be included, as necessary, for adequate bidding and construction purposes. • Prepare a comprehensive set of technical specifications. All bid items required by the plans or otherwise needed to accomplish project construction will be thoroughly described in the general provisions and included in the contractor's bid list. • Prepare construction cost estimates for verification of project budget and assistance during the contractors bidding process. Measurement of units will be contained in the specifications with additional detail for lump sum items, as necessary. Unit prices will be derived from current bid information on similar work within the area. • Infrastructure Engineers will prepare PS&E submittal package for City's review at certain milestones, depending the scope of work for each project. These milestones are usually at 35%, 65%, 95% and 100%. A final set of signed Mylar plans, along with specifications and estimates, will be submitted to the City for bidding purposes. • Upon completion of PS&E, Infrastructure Engineers will coordinate with the City Clerk Office's to present to City Council for approval. All council meeting agendas will be coordinated through the Public Works Director. • In addition to the initial Project Definition and Program Development Meeting, continuous coordination and updates will be required between the design team and the Director of Public Works. Progress reports will be provided at appropriate intervals and, as necessary, to document project status. Meetings are generally anticipated after significant submittal milestones and when required to address specific design and coordination issues. In addition, the Director of Public Works will be continuously informed of work status and issues through email, phone and facsimile communications. • Infrastructure Engineers will prepare as -built plans based on the red mark-up plans provided by the contractor at the end of project construction and submit to the City for their retention and filing. Construction Management and Inspection Services Infrastructure Engineers will provide the City with the following construction management and inspection services during the construction phase of the program: Construction management and contract administration. • Inspection of construction projects, including storm drain and pipeline relocation, street improvements, traffic signal improvements, roadway widening, striping, traffic control, utility protection (with relocation if required) and project quality control. • Specialty inspections, City retained, for concrete work, electrical/telemetry, structural, and equipment testing and schedule the appropriate inspector and associated certification for the task being supervised. • Document management (i.e., shop drawings, Request for Information (RFI), change orders, monthly reports, progress payments, memos, meeting minutes, etc.). • Coordination of meeting with City representatives, contractors, and other agencies related to the project. Coordinate geotechnical and materials testing by City retained laboratory. „.......... Page 14 ENGINEHAERS IProposal for rvma�xBF�r�µivamiG a. If�ecdca ad Il�u�irun ....�:: A� on�ePlan Check, Ileo nw�onstirucfiennManagement, Inspecfion and ROateervice......, .�.�. _....__ ... ,.. ,�. Constructability reviews. Schedule and chair a pre -construction meeting with City, affected agencies and contractor and prepare meeting minutes. Establish coordination and communication procedures, and implement among all participants. Coordinate site mobilization of contractor. Provide and maintain contract administration and full-time project inspection. Review contractor's CMP schedule and monitor updates on a weekly basis. • Prepare comprehensive monthly reports with construction updates; monthly reports will consist of the progress, compliance, issues with their corresponding solutions, submittal log sheets, change order log reports, clarification log report, testing log report, photos, etc. • Log compliance of environmental documentation and BMPs. Evaluate all contractor claims and coordinate the resolution of conflicts in the plans or specifications, contractor -suggested design changes, and design changes necessitated by unforeseen field conditions. Establish and implement procedures for processing and expediting RFI, Requests for Clarifications (RFC), shop drawing submittals, material and equipment sample submittals, contract schedule adjustments, change orders, substitutions and payment requests. Verification of materials and construction equipment, all facility construction, street restoration and site improvements. Verify contractor protection of existing survey monument and their restoration. Ensure compliance with all permitting requirements, agency requirements and local regulations. Monitor contractor's safety program and performance as required for compliance with Cal/OSHA. Monitor the maintenance of the project record drawings during construction and the final preparation of as -built drawings after project completion. Prepare final punch list and verify completion of punch list items by contractor for final acceptance by City. Assist in project closeout and assemble all warranties, guarantees, and operation and maintenance manuals. Submit final construction management report summarizing the project history, including major problems, claims and recommendations, actions taken for corrective action. NPDES Compliance and Assistance On December 13, 2001, the County of Los Angeles received an MS4 National Pollutant Discharge Elimination System (NPDES) Permit from the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB), which regulates what can be discharged into our waters and requires the county and all 84 incorporated cities within the County responsible for ensuring and enforcing compliance. The permit requires all cities to control and reduce pollutants entering the storm drain system from residents and businesses by means of a comprehensive Stormwater Quality Management Program (SQMP). Infrastructure Engineers is currently providing NPDES compliance services to the City and will continue to perform the following services: • Assist staff with meeting the overall requirements of the General NPDES permit, including staying current of any changes of the permit and implementing innovative techniques and BMP programs and measures designed to facilitate compliance with the permit. • Compile and review documents for the preparation and submittal of the City's Annual NPDES Report. • Assist staff in keeping accurate and current records of required information of all construction and post - construction projects pertinent to the annual report. �aemap Page 15 a piu0o, i I �a,w.r��uu�Hdau w Proposal for dut�r % Management, Inspection and Related Services As -Needed Engineering Plan Check, Design, Construction manag H , Review compliance -related documents and prepare required reporting documents. Review Storm Water Pollution Prevention Plans (SWPPP) for compliance. Develop and impletion requirements, including comprehensive BMP measures and maintenance schedules for developer to comply with. Perform commercial and industrial inspections per the requirements of the NPDES permit. Update and implement an Illicit Connection/Illicit Discharge detection and elimination program. Represent the City at various industry meetings and workshops, including, but not limited to, Executive Action Committee meetings, applicable Watershed Management Committee meetings, Los Angeles Regional Water Quality Control Board meetings and workshops, to keep current on any changes to requirements or recent innovative compliance techniques and practices for potential modifications to the City's SQMP. Prepare periodic bulletins containing current issues and any new information items that are of interest to the City, including the new documentation and highlights from meetings and workshops. We will provide annual training on all procedures and practices for each of the program components. Our staff regularly meets with the Los Angeles County public information staff and attends public information meetings sponsored by the County. Infrastructure Engineers staff will verify the level of compliance with the current General Construction Activities Stormwater Permit requirements and recommend any modifications or enhancements that are needed. Infrastructure Engineers staff can examine existing conditions at the City's public facilities to assess any needed improvements to the operation and maintenance of existing controls or recommend additional controls. Infrastructure Engineers staff can assist the City in developing and implementing requirements for developers to adhere to when developing their SWPPPs, which will include the rationale for the selecting or rejecting construction site BMPs and include comprehensive maintenance schedules. Other Services The following are optional services Infrastructure Engineers can provide to the City of Baldwin Park. We have included them into this proposal in case such services are required by the City. Program Management Our Program Management team will ensure full cooperation of its assigned program with other consultant teams and all stakeholders. We will be engaged to contribute to the completion of a successful project through meeting the project goals, schedule deadlines, budget management, monitoring and execution of specific program requirements. Program Management services the Infrastructure Engineers team provides include the following: Coordination and Master Schedule Consultant Contract Selection Process Preparation of Contacts Monitor Contract Services Strategic Planning Fiscal Budget Management Fund Administration Labor Compliance Program Implementation Staff Augmentation Page 16 II�NGIVUMEE m �b�mi�tia � ProlposaV for ��uau�� "r�ww..� 9 p � on and Related Services � .....�.._� ,,, As Deeded Engineering Dian Check, Design, Construction. Management, lis ecf� amu Architectural and Facilities Design Our new Architectural and Facilities division offers development services to provide our clients with a complete delivery process, including assistance with the following: Full project programming Site evaluation Building investigations and renovations Project entitlement Architectural design Environmental review and mitigation management Planning rid Development Our Urban Planning and Development division allows us to assist our city clients with direction and planning for development and economic growth. We engage local communities to capture their needs and expectations, identify development opportunities that optimize the use of resources and meet the requirements of local codes. Planning services the Infrastructure Engineers team provides include the following: General Plans and updates Neighborhood Revitalization Plans Current/Advance Planning Corridor studies Cannabis program services Master planning Environmental compliance and documentation Economic development strategies Specific Plans In addition, our subconsultant, Avant -Garde, can also be available to assist with community outreach in support of public works projects. These services can include community meetings, neighborhood canvassing and design of informational materials, project websites and project newsletters. Page 1..7� ENGINEERS Propos ll -dor e As -Needed eion Management, dins ecfioin and Rellated SeiMces ...e.. N'GIN 1 ERS Proposal for R s. -Needed Engineering Plan Check, Design, Construction Management, InspectioI'I and Related Services m.....ti,..w,,, ,.�..... ......� �ti .v ,, .-w��a�.�.................�....m:�.,, w,-. Fee Suminalry The method of compensation for each type of service is as follows: City Engineer: $160 per hour Infrastructure Engineers proposes to initially provide 10 hours of office time at the City Hall offices per week. In addition, the City Engineer or City Engineering Manager will attend all City Council meetings and any other meetings, as requested by the Director of Public works. During other hours of the week, the City Engineer will be available to respond to any City inquiries via email or telephone calls. Records of any hours spent working offsite on City matters will be documented and submitted as backup to the billing invoice. Civil Engineering Plan Checks: If the City uses its "City Fees" for public works projects, then civil engineering fees will be charged at 65% of those City fees. Plan check fees include first and the second plan checks. Third and all subsequent plan checks will be at the plan checkers' hourly rate listed here. The rates listed here are Infrastructure Engineers' hourly rates for the City of Baldwin Park only, due to our long-term relationship with the City. Expedited plan checks will be provided at 90% of the plan check fees and 1.75 time the normal hourly rate. Rate Senior Plan Check Engineer $157 Plan Check Engineer $147 Engineering Assistant $105 Administrative Assistant $85 Engineering Design Services/Public Works Projects Other public works studies, reviews and projects not listed here will be charged at hourly rates as listed in the Infrastructure Engineers 2017 Hourly Rate Schedule (attached). A lump sum, not -to -exceed fee will be provided at the start of each task. Capital Improvement Projects: Percentage of the total cost of final contract construction Capital improvement design fees will be based on the estimated cost of construction. Once the project is defined, the engineering team will estimate the construction cost and, in accordance with the chart below, will set the design fee. After finalization of design and upon receiving formal bids for construction of the project, the actual design fee will be determined and adjusted, based on construction costs, which will be the average of three (3) lowest bids for the project. If there are only two (2 bids, the average of two (2) bids will be used for construction cost. Construction cost less than $499,999 ................. the design fee will be 8.5% of the construction cost t Construction cost $500, 000 - $999,999 .............. the design fee will be 7.5% of the construction cost Construction cost over $1,000,000 ..................... the design fee will be 6.5% of the construction cost Vw IIII� m Page I 1 E Farr y ff Proposal for i r ,ron a+ O�J'6Mtd�C r H. _ a Inspection andw....�............_ e raafr�rofaor� ana aor�fRelated Sa�io.��..� Aa loaded Engineering Nara Check, Design, Co In addition to these percentages, Infrastructure Engineers fees for project management and administration will be 4% of the construction cost. In addition, funding management will be 1.5% for local funds and 2.5% for state and federally funded projects. Infrastructure Engineers recommends utilizing the following Percentage of Total Construction Cost fees to determine CM/Inspection fees for CIP/Public Works projects as the cost-effective method versus the hourly rate structure. Construction Management and Inspection: Percentage of total construction cost Upon on receiving the bids for the construction of a capital improvement project, the engineering team will prepare the fee for construction management and inspection services in accordance with the following chart. Inspections will be for a minimum of 4 hours per day. The fee will be calculated based on average cost of the three (3) lowest bids and, if there are only two (2) bids, an average of two bids will be used. Construction cost less than $499,999 ................. the CM services 3% + inspection services 5% for a total fee of 8% of the construction cost Construction cost $500, 000 - $999,999 .............. the CM services 3% + inspection services of 4% for a total fee of 7% of the construction cost Construction cost $1,000,000 and more ............. the CM Services fee of 3% + inspection services of 3% for a total fee of 6% of the construction cost Overtime will be charged hourly at 1.5 times the normal rate. Sundays and holidays will be charged hourly at 2.0 times the normal rate. Labor compliance will be charged on an as -needed basis and based on actual hourly rates of $95/hour for field work and $125/hour for office and supervisory work. Public Works Permit and Inspection: $94/hour (hourly rates) If additional inspection services are required for utilities/public works permits, the inspection services will be provided at the rate of $94 per hour, plus mileage. NPDES: Hourly rates All NPDES services will be provide on as -needed bases at the following rates: Program Manager...... Senior Engineer ......... Engineering Associate Engineering Assistant $175/hour .......$168/hour $125/hour .$105/hour Page 1 2 ENGINEERS Proposal for •sReoaJo Engineering oafcf�orXaaor�aan�, ... Inspection and Related Seyvacea 3 vumr�;6w��p� .. ... 9 r Other Services: Hourly rates not -to -exceed a negotiated lump sum Other fees will be based on Infrastructure Engineers' latest Hourly Rate Schedule, attached to this proposal Note: Hourly rates and the retainer fees are subject to annual Consumer Price Index increase rates or a 5% increase, whichever is greater, effective from the date of execution of the agreement. The hourly rate schedule is subject to change every July. The City will be notified of any changes by May 1 of each year so that City budget requirements will be fulfilled. qNFRAMIRTRUCTURK ENGINEERS Page 13 City of Baldwin Park As-Needed Engineering Plan Check, Design, Construction 2017 HOURLY RATE Management, Inspection and Related Services &AINFRASTRUCTURE SCHEDULE December 4, 2017%41ENGINEERS Principal in Charge Civil Engineering Project Manager Senior Engineer Senior Plan Check Engineer Plan Check Engineer Engineering Associate Engineering Assistant GIS Analyst CAD Manager CAD Operator Traffic Engineering Principal Engineer Senior Traffic Engineer Traffic Engineer Plan Checker Engineering Associate Engineering Assistant Engineering Technician Surveying Project Manager Survey Analyst Plan Checker (Subdivision & Survey Document) Construction Management Construction Manager Resident Engineer Scheduler/Controller Senior P.W. Observer Public Works Observer Technician Utilities Coordinator Program Management Project Director Sr. Program Coordinator Program Assistant Labor Compliance Coordinator Fund Administrator Community Development & Planning Development Services Manager Planning Manager Principal Planner Project Manager Senior Planner Associate Planner Planning Technician $205 $168 $147 $157 $147 $125 $105 $136 $136 $100 $168 $142 $136 $136 $125 $105 $89 $168 $136 $147 $160 $157 $136 $100 $89 $85 $115 $175 $125 $105 $95 $125 $175 $155 $150 $160 $137 $125 $80 Municipal Engineering Support Interim City Manager Assistant/Deputy City Manager City Engineer City Traffic Engineer Deputy City Engineer Deputy City Traffic. Engineer Plan Check Engineer Plan Checker CIP Manager Engineering Technician Building & Safety Building Official Code Enforcement Manager Plan Check Engineer Plan Examiner Code Enforcement Officer Senior Building Inspector Building Inspector Counter Technician Water/Wastewater/N P DES Water Engineer Program Manager (NPDES) Senior Water Engineer Engineering Associate Engineering Assistant Architectural Services Principal Architect Development Manager Senior Architect Architect Technician Administrative & Clerical Services Organizer/Supervisor Administrative Assistant Clerk Typist Other Charges $194 $173 $160 $147 $147 $142 $157 $136 $168 $89 $157 $155 $147 $136 $115 $115 $98 $89 $158 $175 $168 $125 $105 $180 $180 $168 $157 $145 $100 $85 $74 Delivery $100 Mileage (Current federal guideline rate @ time of billing)/Mlle Travel Cost + 15% Reimbursements Cost + 15% Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Page 14 Attachment # Infrastructure Engineers, Inc. Consultant Professional Services Agreement Page 1 of 5 THIS AGREEMENT is made and entered into this 7th day of February, 2018 by and between the City of Baldwin Park, ("City"), and Advanced Applied Engineering, Inc., a California Corporation, DBA Infrastructure Engineers, Inc. ("Consultant"). RECITALS A. City has determined that it requires the following professional services from Consultant: Engineering Design, Plan Check, Construction Management, Inspection and Related Services. B. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience, education and expertise of its principals and employees. Consultant further represents that is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Professional Services Agreement. NOW THEREFORE, in consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A.". City shall have the right to request, in writing, changes in the scope of 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. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." Consultant agrees to submit written status reports and/or project reviews at 35%, 65%, 95% and 100% levels of completion per task order as an attachment to compensation requests. 3. TIDE FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with professional standard practices and the provisions of this agreement. This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 16 herein: A. Commencement Date: February 7th, 2018 B. Expiration Date: February 28th, 2023 C. Upon mutual agreement by the parties, this agreement may be extended up to an additional three (3) one-year terms. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other Infrastructure Engineers, Inc. Consultant Professional Services Agreement Page 1 of 5 THIS AGREEMENT is made and entered into this 7th day of February, 2018 by and between the City of Baldwin Park, ("City"), and Advanced Applied Engineering, Inc., a California Corporation, DBA Infrastructure Engineers, Inc. ("Consultant"). RECITALS A. City has determined that it requires the following professional services from Consultant: Engineering Design, Plan Check, Construction Management, Inspection and Related Services. B. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience, education and expertise of its principals and employees. Consultant further represents that is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Professional Services Agreement. NOW THEREFORE, in consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A.". City shall have the right to request, in writing, changes in the scope of 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. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." Consultant agrees to submit written status reports and/or project reviews at 35%, 65%, 95% and 100% levels of completion per task order as an attachment to compensation requests. 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with professional standard practices and the provisions of this agreement. This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 16 herein: A. Commencement Date: February 7th, 2018 B. Expiration Date: February 28th, 2023 C. Upon mutual agreement by the parties, this agreement may be extended up to an additional three (3) one-year terms. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF _CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other Infrastructure Engineers, Inc. Consultant Professional Services Agreement entities while under contract with City. not entitled to participate in any pension for its employees. Consultant shall be all payroll and other taxes and intere Page 2 of 5 Consultant is not an agent or employee of City, and is plan, insurance, bonus or similar benefits City provides responsible to pay and hold City harmless from any and st thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TC UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITU LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. Infrastructure Engineers, Inc. Consultant Professional Services Agreement Page 3 of 5 (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS _ANDINSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. Infrastructure Engineers, Inc. Consultant Professional Services Agreement Page 4 of 5 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply, and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS .AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AgREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) Infrastructure Engineers, Inc. Att.: Steve Forster, Senior Vice President 3060 Saturn Street, Suite 250 Brea, CA 92821 (714) 940-0100 x-5050 (B) City of Baldwin Park Att.: Sam Gutierrez, Interim Director of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "22" of this Agreement. Infrastructure Engineers, Inc. Consultant Professional Services Agreement written. Page 5 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above CITY OF BALDWIN PARK By: Manuel Lozano, Mayor Dated: CONSULTANT: Infrastructure Engineers, Inc. By: Authorized Manager Dated: u. � �` �' , r� �* SCOPE OF SERVICES and Work Plan Supplement Engineering Plan Check Services • Review Subdivision Projects • Final Map review and approval (i.e. signature authority) • Grading Plan Checks • Sewer Plan Checks • Storm Water Plan Checks • Traffic Signal and Traffic Control Plan Checks • Review and comments of Traffic Impact Reports Engineering Design Services • Traffic Signal Design, including warrant studies, surveys, research and traffic impact analysis • Civil Engineering design services for various CIP projects including preparation of Plan, Specifications and Estimate (PS&E) • City Engineer services • Value Engineering • Grading, drainage and floodplain studies • Site development plans • Pedestrian and Bicycle Master Plans • Update Sewer and Storm Drain Master Plans • Storm Water and BMP system design including erosion and sedimentation control • Hydraulic and hydrologic studies • Sewer capacity studies Construction Management and Inspection Services • Construction Management and Contract Administration • Inspections of construction projects including storm drain and pipeline relocation, street improvements, traffic signal improvements, roadway widening, striping, traffic control, utility protection (with relocation if required) and project quality control • Specialty inspection, City retained, for concrete work, electrical/telemetry, structural, and equipment testing and schedule the appropriate inspector and associated certification for the task being supervised. • Document management (i.e. shop drawings, Request for Information (RFI), change order, monthly reports, progress payment, memos, meeting minutes, etc.) • Coordination of meetings with City representatives, contractors, and other agencies related to the project • Coordinate geotechnical and materials testing by City retained laboratory • Constructability reviews • Schedule and chair pre -construction meetings with the City, affected Agencies, and Contractor and prepare meeting minutes • Establish coordination and communication procedures among participants. • Coordinate site mobilization of Contractor. • Provide and maintain contract administration and full-time project inspection. • Establish and implement coordination and communication procedures among all Project participants • Review Contractors' CPM schedule and monitor updates on a weekly basis • Prepare comprehensive monthly reports with construction updates; monthly reports will consist of the progress, compliance, issues with their corresponding solutions, submittal log sheets, change order log report, clarification log report, testing log report, photos, etc. • Log Compliance of Environmental documentation and BMP's • Evaluate all contractor claims and coordinate the resolution of conflicts in the plans and/or specifications, contractor -suggested design changes, and design changes necessitated by unforeseen field conditions • Establish and implement procedures for processing and expediting Requests for Information (RFI), Requests for Clarification (RFC), shop drawing submittals, material and equipment sample submittals, contract schedule adjustments, change orders, substitutions and payment requests. • Verification of materials and construction equipment, all facility construction, street restoration and site improvements • Verify contractor protection of existing survey monuments and their restoration • Ensure compliance with all permitting requirements, agency requirements and local regulations • Monitor contractor's safety program and performance as required for compliance with Cal/OSHA • Monitor the maintenance of the Project Record Drawings during construction and the final preparation of "as -built" drawings after project completion • Prepare final punch -list and verify completion of punch list items by Contractor for final acceptance by City • Assist in project closeout and assemble all warranties, guarantees, and operation and maintenance manuals • Submit final construction management report summarizing the project history, including major problems, claims and recommendations, actions taken for corrective action NPDES Compliance and Stormwater Services Assist staff with meeting the overall requirements of the General NPDES Permit including staying current of any changes of the Permit and implementing innovative techniques and best practices programs and measures designed to facilitate compliance with the permit • Compile and review documents for the preparation and submittal of the City's Annual NPDES Report • Assist staff with keeping accurate and current records of required information of all construction and post -construction pertinent to the Annual Report • Review compliance -related documents and prepare required reporting documents • Review Storm Water Pollution Prevention Plans (SWPPP) for compliance • Develop and implement requirements including comprehensive BMP measures and maintenance schedules for developers to comply with • Perform commercial and industrial inspections per the requirements of the NPDES permit • Update and implement an Illicit Connection/Illicit Discharge detection and elimination program • Represent the City at various industry meetings and workshops STAFF REPORT pt.b � TO: H U B� O F, ��, FROM: THE,.,/," DO �. $50,000 .m * � DATE: SAN, GABRIEL �� 1 f°VAS LEY � SUBJECT: 60-581.m 620-58100-16200) .................... JANU� $22,000 ITEM NO. Honorable Mayor and City Council members _ Sam Gutierrez, Interim Director of Public Works " February 7, 2018 ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0135 MORGAN PARK AQUATIC CENTER CEILING MAINTENANCE AND ADDITIONAL WORK TO PAINT INTERIOR WALLS AND RE -PLASTER SWIMMING POOL SUMMARY This item will accept the work completed by this project, close the contract, and authorize the filing of a Notice of Completion with the County Clerk. This project rehabilitated the Morgan Park Aquatic Center ceiling by removing and replacing decaying wood and applying clear coat to protect from humidity. Further maintenance work past the original scope included replacing an additional 500 sq. feet of decaying wood, preparing and painting the interior walls with high gloss paint, and re -plastering the swimming pool. FISCAL IMPACT There is no impact to the general fund. The project is funded using Quimby Fees. This project is included in the current Fiscal Year's Capital Improvement Program (CIP), which was approved by the City Council on May 17, 2017. On November 15, 2017 City Council approved a re -appropriation of funds to finish the additional maintenance work from previously approved CIP Projects Nos. 86 and 87, which were projects also approved by City Council on May 17, 2017. The Approved Funding for this project is as follows: /—//""7–- y 7-----7 _N, w uved Fundrg �� Amount Av"ailab e" CIP #50 – Acct. #234-60-620-58100-16111 $50,000 CIP #57 – Acct. #234-60-620-58100-16200 e...... $35,000 ....� mmmm� - .. ......_ – Acct. #234-60-620-58100-16210 Re -appropriated to Acct. #234-60- CIP #86 ( $50,000 60-581.m 620-58100-16200) .................... CIP #87 – Acct. #234-60-620-58100-16211 (Re -appropriated to Acct. 4234-60- $22,000 620-58100-16200).. Total Available Funds $157,000 nsluctic� Cosl Amount m , , Construction Contract $59,000 m._.... _. .— Chan e Order No. (Additional Ceiling Repairs) $9,000 Change Order No. 2 (Additional Maintenance Work to prepare and paint the interior of building walls, pool re -plaster and start up, replace race lines, install $88,500 non-skid tile and all applicable County Health Fees.) Total Project Costs $156,500 The project was completed below the approved budget with savings totaling $500.. Morgan Park Aquatic Center Notice of Completion Page 2 of 2 It is recommended that the City Council: 1. Accept the construction improvements by Lucas Builders, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $7,825 in retention funds to Lucas Builders, Inc. upon the expiration of the 35 -day notice period. BACKGROUND The Morgan Park Aquatic Center suffered a malfunction in the dehumidifier. Due to the inoperative dehumidifier, the amount of moisture released into the indoor pool facility greatly increased. This created an environment that was hard on the indoor facility's walls and ceiling. The dehumidifier has since been replaced. On May 17, 2017 city council accepted the plans and specifications and award of bid to Lucas Builders, Inc. for the Morgan Park Aquatic Center Ceiling Maintenance City Project No. 2016-013 5. Lucas Builder's began construction on September 18, 2017. After close inspection of ceiling the scope of the original contract was increased to include an additional 500 square feet of decaying ceiling replacement. During construction the pool was completely drained so scaffolding could be implemented to safely access the ceiling. This allowed for close inspection of the current surface conditions of the pool which revealed it to in need of- resurfacing. Staff- found it would be a favorable ana cost-eitective time to re -piaster Vie .11117 while it was empty. A quote was requested from Lucas Builder's to perform the re -plastering and paint the interior walls which were also in bad condition. Staff reviewed the quote and was agreeable with the scope and costs. City Council approved the additional maintenance work on November 15, 2017. DISCUSSION The project consisted of up -keep work to the Morgan Park Aquatic Center ceiling that included surface preparation, repairs of roof wood panels, sanding, application of sealant, painting of wood beams ant painting of metal skylights. The scope was increased to include an additional 500 square feet of decaying ceiling replacement and is shown below as CCO #1. Additional maintenance work approved by council included painting the interior walls, pool re -plaster and start up, replacing race lines, installing non-skid tile and all applicable County Health Fees and is shown below as CCO #2. m I U-10 •`• to I I rm — LV4 W W.110 so 10 1 90� 0 0 z 0 N O_ 0) b L 00 W d d 7 C7 CD cn S CD CD rt ie h 03 a1 3� lw ic O W 19 X 0 �O r � yC) -0 O n Z r - m 0 < z m o c z G) z c � O n G) q z 0' 0 X U) N � 49 09i69<A4A M4-0 o wN �•y 3 CA SO cnCnCr 0 0 0 Cil 0 o 0 O 0 O 0 O 0 O 0 O 0 0 0 z 0 N O_ 0) b L 00 W d d 7 C7 CD cn S CD CD rt ie h 03 a1 3� lw ic O W 19 X s 0 0 N � rn M4-0 o wN �•y 3 CA E—; en CD a o o�• cn� m a O CD Cn 0 @ ^` = ; N CD 00 'D CD 0 C' — N CD 0 p) C N=CD rt �, = 0) N N 7 CL n CD7 C) C1 0 O N 0 C 7 O(n CD 0=r cn `G v _ O Q 7 CD " S. m CD _0 _. v y v, a w co 3 -, �' m v 0 cQCD o m v 0=3 a a =3 a 3 �, (no 0 77Q R a o c A _ 3 G. 4 -69 -CA 09 -69 CA) c N n O :► O O O CCP O O O CD W 3 O O O O O O O O 169 Q. O O O O O O O O d ffl Cg Efl 69 EA EH C q {-A 0 w N CD Lrl �. C7 CD W O O 0 O O 0' O O C. O O O O O O O O o A z 'a (n CD rt CD C: CL o a z o d co W N N W CA N N CO CSi CO d m dq n Z O O O COTe O O O O 0 O O O 0 0 O O m 0 0 0 0 0 0 0 0 r� OMAN to "m to 0 0 CLn CD 0 0 z 0 N O_ 0) b L 00 W d d 7 C7 CD cn S CD CD rt ie h 03 a1 3� lw ic O W 19 X RECORDING REQUESTED BY: CITY OF BALDWIN PARK WHEN RECORDED MAIL TO: Name CITY OF BALDWIN PARK Address 14403 E. Pacific Avenue Baldwin Park State, Zip CA, 91706 ABOVE APN: NSA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: P property as:.. c 16 018 - 1. A certain work of improvement on thehereinafter described and known ..�" ect No. 201 - mm Morg,an Park Aquatic Center.Celline Maintenance and Additionalm Maintenance fortheCity of Baldwin .....s C � y February 7, 2018m.mmm � „ Baldwin Park and was ACCEPTED b Cit Council on .......... ,,, ..... mmmm_� 2. The FULL NAME of the OWNER is .. Cit of Baldwin -,Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin- ParkI. CA 91706 5. A work of improvement on the property hereinafter described was COMPLETED on m ,,-January 18 2RIA__ , 6. The work of improvement completed is described as follows Morgan Park,Acfuatic Center Maintenance 7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is L as qilders nc. 8. The street address of said property is _µ4100 Baldwin Park Blvd, Baldwin Park, CA 91706 The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. By: LopezDavid Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Signature ITEM NO. IO STAFF REPORT` TO: Honorable Mayor and Members of the City Council llus or FROM: Manuel Carrillo Jr., Director of Recreation & Community Servic+� sr %r l DATE: February 7, 2018 SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN a J�� THE CITY OF BALDWIN PARK AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS SUMMARY The purpose of this staff report is to request the City Council to approve and authorize the Director of Recreation and Community Services to enter into a Memorandum of Understanding with the San Gabriel Valley Council of Governments for the Home for Good Homeless Grant. FISCAL IMPACT There is no fiscal impact to the general fund, as this grant application does not require matching funds. RECOMMENDATION Staff recommends the City Council to: 1) Execute MOU with the San Gabriel Valley Council of Governments (SGVCOG) related to County homelessness plan development.; and 2) Authorize the Director of Recreation and Community Services to execute any further documents. LEGAL REVIEW The City Attorney has reviewed and approved to form. BACKGROUND On July 28, 2017, the Home for Good Funder's Collaborative released a Request for Proposals (RFP) for municipal jurisdictions within the Greater Los Angeles Continuum of Care that were interested in creating a plan to address homelessness. Eligible cites that submitted grant proposals were conditionally awarded grant funding. The award amounts were tied to cities 2017 Point In Time Homeless Count numbers. Twenty-three proposals from the SGV were submitted and conditionally awarded funding, for a combined total of $890,000. These funds will allow cities to develop homeless plans that will do the following: Identify specific local needs, • Support homeless prevention strategies within their communities, and • Identify local problem areas or issues as it pertains to homelessness. All plans must be finalized by June 30, 2018. On November 14"', the SGVCOG held a pre -orientation meeting for grantee cities. At this meeting, the cities expressed interest in undertaking a joint procurement effort, managed by the SGVCOG, to secure consultant(s) to assist with the development of the cities' homeless plans. For cities interested in participating in a joint procurement, a Memorandum of Understanding (MOU) that identifies roles, responsibilities, scope of work, and fee structure was developed for review and consideration by the cities. SGVCOG Memorandum of Understanding February 7, 2018 Page 2 The MOU (Attachment A) identifies the following roles and responsibilities for the SGVCOG and the city: • SGVCOG: o Undertake procurement and management of consultant(s); o Execute contract between the consultant for the development of the plan; o Receive, review and pay all consultant invoices. o Work with the consultant to ensure all grant deadlines are met and overall work schedule is adhered to; o Review draft deliverables prepared by the consultant for accuracy prior to submission to the city; o Work with the consultant to manage ongoing coordination of project calls and in person meetings; and o Submit invoices to city. • City: o Participate in coordination calls and meetings; o Provide a point -of -contact; o Actively engage in the development of the Homeless Plan; o Review, provide comments on and approve deliverables; o Provide meeting space for events related to this project; o Pay all invoices submitted by the SGVCOG; and o Submit invoices and deliverables to the County. Scope of Work and Fee Structure; There are two options related to the scope of work and fee structure, a base plan and supplemental plan. The base plan covers all county requirements, and specific regional interests. Key tasks in the base plan include the following: • Plan Development: Develop a plan overview with city specific objectives, develop an implementation plan, and identify 3 or more specific goals; such as supporting actions to be taken and associated policy changes. • Funding Opportunities and Needs Assessment: Conduct a gap analysis to inform local planning, and identify state, federal, local or private funds to support the plan. • Address "Fair Share" Metrics: Facilitate communication between city staff and local groups/stakeholders to discuss "fair share" parameters and models to equitably connect a homeless individual to their city of origin. • Identify City Resources: Identify city point person for all homeless inquiries, identify ways to strengthen a city's connection to the Coordinated Entry System, and identify the potential for local development of shelters, affordable housing, or permanent supportive housing. • Provide Post Plan Support: Develop a one-page summary for cities to utilize for subsequent grant applications, provide educational materials, such as pp eserattttions, for cities councils and community groups/s ikeholders, atad participate in a post -planning St-iV'C'OG Regional Summit. `. The base plan fee structure will consist of $24,000 consultant fee, plus a $1,500 SGVCOG administration fee, for a total of $25,500. In addition to the base plan, city has the option to select from a menu of supplemental components to enrich and enhance their plans. A city may choose to add any number of add-on tasks, or none at all. The City of Baldwin Park will seek to include add on services as required in the future of the plan. SGVCOG Memorandum of Understanding February 7, 2018 Page 3 The project schedule showing key milestones is shown below in Table I Table 1. Schedule of Key Milestones. Date D IlDraft Plan r-amplet,-.d and subtrutted to SCTVC:OG for Review April 30� 2018 1 rato ft plan subrrutted City with ation SGVCOG recotwnends .......................... May 30, 2018 ALTERNATIVES The alternative would be for City Council to not approve the MOU with the San Gabriel Valley Council of Governments (SGVCOG). ATTACHMENTS Attachment A - Homeless Plan MOU MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF BALDWIN PARK FOR CITY HOMELESS PLAN This Memorandum of Understanding ("MOU" or "Agreement") is made as of February 7, 2018 by and between the City of Baldwin Park, a municipal corporation ("City"), and the San Gabriel Valley Council of Governments, a California joint powers authority ("SGVCOG"). City and SGVCOG may be referred to herein collectively as the "Parties" or individually as a "Party." A. SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies. B. City seeks to develop a plan to address homelessness ("Homeless Plan"). C, The Homeless Plan will support homeless prevention strategies within local communities, and identify local problem areas or issues as they pertain to homelessness. D. City and SGVCOG have a shared desire to successfully develop a Homeless Plan to combat the growing homelessness issues in the San Gabriel Valley. E. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOU. NOW, THEREFORE, the Parties agree as follows: I. TERM: The term of this MOU shall commence upon execution of the MOU by the Parties and shall continue through the completion of all work contemplated under this MOU, or September 30, 2018, whichever comes first. The term of this MOU may be extended by mutual written agreement of the Parties. II. l J�",LSP(JNSUIILTIES OF" IF P.AIITaI+.,S: A. SGVCOG. SGVCOG will: 1. Undertake procurement and management of consultant(s) to help City to develop a Homeless Plan. 2. Execute a contract with the consultant for the development of the Homeless Plan. 3. Manage all invoicing and billing. 4. Review draft deliverables prepared by the consultant for accuracy prior to submission to the City. 5. Coordinate with the consultant to ensure consultant's participation in calls and meetings. 6. Manage ongoing coordination of project calls with the Parties and the consultant throughout the development of the Homeless Plan. 7. Review and provide comments on draft communications and documents related to MOU products. 8. Submit two invoices to the City, a total of $36,500 ($24,000 Consultant Fee + $11,000 Add-on Fee + $1,500 Admin Fee), as follows: • The first invoice will be for fifty percent (50%) of the total paid to the consultant ($17,500) for development of the Homeless Plan and an administrative fee of $1,500, for a total of $19,000. 0 The second and final invoice for the remaining amount will be submitted by June 30, 2018, for a total of $17,500. B. City. City will: 1. Participate in coordination calls and meetings with all parties and consultant throughout the development of the Homeless Plan. 2. Provide a point -of -contact with name, title, and contact information. If the point -of -contact is reassigned or no longer with the City, a new point -of - contact must be designated within five (5) business days. 3. Actively engage in the development of the Homeless Plan including, but not limited to, promptly responding to all correspondence (i.e., to phone calls and emails) and attending meetings. 4. Review and provide comments to consultant on deliverables as identified in the Scope of Work from the Request for Proposal for City Homeless Planning, attached hereto as Exhibit "A" and incorporated herein by this reference. 5. Participate in check-in calls and/or meetings with consultant. Participate in coordination calls with all parties. 6. Approve within five (5) business days any deliverables that can be approved by staff or ten (10) business days any items that need to be approved by city 2 attorney or city manager. 7. Provide meeting space for events related to this MOU and other events related to the development of the Homeless Plan at no cost. 8. Pay all invoices submitted by the SGVCOG within (30) days. C. The Parties agree to not seek any reimbursement for the performance of their respective obligations pursuant to this MOU, except as set forth herein. III. EQ T N A(, W, l rill "; A. Pro„ect Manners. 1. For purposes of this MOU, the SGVCOG designates the following individual as its Project Manager: Jan Cicco, SGVCOG Regional Homelessness Coordinator. 2. For purposes of this MOU, the City designates the following individual as its Project Manager: (name) Either Party may change the designations set forth herein upon written notice to the other Party. IV. I)I,��A TL'f : II> M1',D1F5: A. Default. A "Default" under this MOU is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOU; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily or to make sufficient progress toward Homeless Plan completion. B. Remedies. In the event of a Default by either Party, the non -defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default. In the event that the defaulting Party fails to cure the Default, or commit to cure the Default and commence the same within such 30 -day period and to the satisfaction of the non -defaulting Party, the non -defaulting Party may terminate this MOU. Such termination shall be effective immediately. The remedies described herein are non-exclusive. In the event of a Default by City, the SGVCOG shall have the right to seek any and all remedies available at law or in equity. V. ° F . I Qui : A. This MOU may be terminated by either Party at any time, with or without cause, by providing written notice of termination to the other Party. Such termination will be effective thirty (30) days after such notice is received. B. If City terminates this MOU prior to the completion of the Homeless Plan, SGVCOG will invoice City for any costs incurred that exceed the amount initially 3 included in the initial invoice. Total billable cost shall not exceed the total project budget. VI. I N 1)E 4 , . Q City shall indemnify, defend and hold harmless SGVCOG, and its respective elected and appointed boards, officials, officers, agents, employees, members, and volunteers (individually and collectively, "Indemnitees") from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising in connection with this Agreement. Notwithstanding the foregoing, City shall not be liable for the defense or indemnification of the SGVCOG for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the SGVCOG. VII. l:NSURAN(7V: A. City shall obtain, maintain, and keep in full force and effect, at City's sole cost and expense, during the term of this MOU insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with City's performance of its obligations hereunder. B. City shall provide the following scope and limits of insurance:. Minim Inn Sco )) � f' In NNlmtlr o. Coverage shall be at least as broad as: a. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). b. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the SGVCOG. Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the City and all risks to such persons under this Agreement. 2. LimitsofInsurance. City shall maintain limits of insurance no less than: a. General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 4 C. Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. 3. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: a. All policies. Each insurance policy required herein shall be endorsed and state the coverage shall not be cancelled by the insurer or City except after 30 days' prior written notice by certified mail, return receipt requested, has been given to SGVCOG. City shall provide to SGVCOG notice of suspension or voiding of coverage, or reduction in coverage, or limits below those required in this section. b. General l it"Ibili(y iuid Automobile Liabilrl , Covera,a� i. SGVCOG, and its respective elected and appointed officers, officials, members and employees are to be covered as additional insureds as respects: liability arising out of activities City performs; products and completed operations of City; premises owned, occupied or used by City; or automobiles owned, leased, hired or borrowed by City. The coverage shall contain no special limitations on the scope of protection afforded to SGVCOG, and its respective elected and appointed officers, officials, members or employees. ii. City's insurance coverage shall be primary insurance with respect to SGVCOG, and its respective elected and appointed officials, its officers, members and employees. Any insurance or self-insurance maintained by SGVCOG, and its respective elected and appointed officers, officials, members or employees, shall apply in excess of, and not contribute with, City's insurance. iii. City's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SGVCOG, and its respective elected and appointed officers, officials, members or employees. C. Workers' Compensation and 1 niplMr's, Liabiwlwity Coverage. Unless the SGVCOG otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against SGVCOG, and its respective elected and appointed officers, officials, members and employees for losses arising from services performed by Consultant. 4. Other lZequirernenM a. City agrees to deposit with SGVCOG, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy SGVCOG that City has complied with the insurance provisions of this Agreement. SGVCOG reserves the right to inspect complete, certified copies of all required insurance policies, at any time. b. The procuring of such required policy or policies of insurance shall not be construed to limit City's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. VIII. 1 Il l rR I I+ (` "I � S: A.:Nr i � ;All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows: To SGVCOG: Jan Cicco SGVCOG Regional Homelessness Coordinator 1000 S. Fremont Ave, Unit 42 Bldg. A-1 ON, Suite 10-210 Alhambra, CA 91803 (626) 457-1800 jcicco@sgvcog.org with a copy to' Marisa Creter Interim Executive Director San Gabriel Valley Council of Governments 1000 S. Fremont Ave, Unit 42 Bldg. A -ION, Suite 10-210 Alhambra, CA 91803 mcreter@sgvcog.org To City: Name Manuel Lozano Title Mayor Address 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Phone 626-960-4011, Ext. 112 email MLozano@baldwinpark.com I with a copy to: Name Manuel Carrillo Jr. Title Director of Recreation & Community Services Address 4100 Baldwin Park Blvd., Baldwin Park, CA 91706 Phone 626-813-5269 email Mcarrillo@baldwinpark.com B. tr I1�1rtncrslii1j, This Agreement is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the Agreement, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party. C. 1-.iLu c AureeMt ent, This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. D. G`overniLtg Lg y; This Agreement shall be governed by and construed under California law and 'any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. E. Attorne W' l^ eq,. In the event that there is any litigation or other legal proceeding between the Parties in connection with this Agreement, each party shall bear its own costs and expenses, including attorneys' fees. F idtstr�, ql,a Neither Party hereto shall be considered- in default in the performtai I ice of its obligations hereunder to the extent that the perfori'llance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances clairned to delay, hinder, or prevent performance of any obligations under this Agreement. G. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. H. I lcadit s,. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. I A sionl icat. Neither party may assign its interest in this Agreement, or any part thereof, without the prior written consent of the other party. Any assignment without 7 consent shall be void and unenforceable. J. �eyeLittjji!ly. If any provision of this Agreement is held by a court of coalpetent jurisdiction to be invalid, void, or unenforceable, t1le reillai Iling,, pl,ovisions shall nevertheless continue in full force without being impaired or invalidated in any way. K. La ,K—Lftq,. The person executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties, and that by doing so the Parties are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. For the City Signed: Manuel Lozano, Mayor Dater February 7, 2018 For the San Gabriel Valley Council of Governments Signed: Marisa Creter, Interim Executive Director Date: ATTEST: ansa Creter, Secretary APPROVED AS TO FORM: Richard D. Jones, General Counsel U. EXHIBIT A REQUEST FOR PROPOSAL SCOPE OF WORK FOR CITY HOMELESS PLANNING SGVCOG Request for Proposal Scope of Work for City Homeless Planning Scope of Work The SGVCOG expects ongoing and open communications between designated SGVCOG representatives and the consultant over the course of each phase. All products and recommendations must comply with applicable State and Federal laws. Proposals must describe how the proposer will work with each city to develop a Homelessness Plan that includes the following elements: 1. Overview of each participating city, t�e jurisdictional environment, and status of homelessness 2. Objectives to be accomplished 3. Stakeholder engagement efforts 4. Partnership reports, that includes key stakeholder engagement effots 5. Needs assessment at regional, subregional and city levels 6. Subpopulations at the city level 7. A "fair share" model, identifying demonstrable ties of homeless persons to a city. This will help determine each city's homeless population and the cities' roles in local, regional, sub - regional homeless assistance. Developing a uniform agreed upon concept of each cities homeless population for prioritization while also supporting the Countywide effort The consultant will provide a work schedule for each city and a combined schedule for sub- regional/regional effort. The consultant will coordinate schedule changes and plan communications with the SGVCOG. The consultant will also provide a customized draft Homeless Plan which will be submitted to the SGVCOG for review and recommendation to each city; cities will then provide internal approvals/submission and then submit final work product to the County on or before the final due date. Additionally, the consultant is required to provide Post Plan Submission support to the cities to help address questions and educate about the plan to city council. Coordination of a Post Plan Regional Summit with the SGVCOG is also required. ITEM NO. rl STAFF EPO TO: Honorable Mayor and Members of the City Council_ "'" FROM: Sam Gutierrez, Interim Director of Public Works SAWGA IEL DATE: February 7, 2018 rLtE;P SUBJECT: APPROVE TRACT MAP 73928, 4923 — 4929 FORTIN JAI0 N STREET, AND NUBIA STREET SUMMARY This report requests that the City Council authorize the approval of the Final Tract Map 73928 pursuant to the State Subdivision Map Act and Section 152.09 of the City of Baldwin Park Municipal Code. FISCAL IMPACT The approval of this Tract Map will have no impact on the City's General Fund. All units are proposed to be for -sale and market -rate, which will increase property tax revenues for the City. RECOMMENDATION Staff recommends that the City Council accept Tract Map 73928 and authorize the City Clerk and staff to sign the final map. BACKGROUND Baldwin Park Homes, LLC is to subdividing four lots into a total of fifteen (15) residential lots, thirteen (13) lots will have access from a new right-of-way that intersects with Fortin Street and two (2) lots will have direct access from Nubia Street. The applicant will construct and dedicate a new private cul-de-sac that does not meet the minimum development standards set forth by the City's Department Public Works. Therefore, the street will remain private. The State Subdivision Map Act allows staff to approve Tract Maps on a ministerial basis. Staff has reviewed the Final Map and finds that it substantially conforms to the Tentative Map Conditions and all offsite improvements have been bonded for. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES A final map that is in substantial compliance with the previously approved tentative map cannot be denied approval (Government Code §66474.1). Further, if the Final Map is not approved at the first meeting or at the subsequent meeting from when the Final Map was presented for approval and the map is in conformance with the requirements of the Subdivision Map Act, the map will be deemed approved (Government Code §66458). Since the map is both in substantial compliance with the previously approved tentative map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative to approval. ATTACHMENTS 1. Los Angeles County Assessor's Map 2. Final Parcel Map 73928 (sheets reduced) .......... 0 m o NUBIA ST T -4 5 MB 88 611 162.-, 50 > 0 5e7 --A < AG __j PM 217 OrW74 201339 r MB 88 61- 62 4��F . . .... . ..... so 9 a W28 82 1073, "! �lr 7 551,"7§8 T $ (' (1) _)T � 7 P a, VT D co97 0 % 30 z r—w 0 WKr' q 0 55 Jo z & 0 6 5i1 so 5 ><s v 55 9 m G) U082 z J- 60 t- PM Pv1 D,RW231 Y is" 292110 93-94 -U -- S 0 G) . ......... PM E260 N) 18- ni M < Ih 12MO bu r mWY z uV12.08 MB 88 61 62 3 30, 0 55 h3 eo 6n a rn MASLINE ST MASLINE 30 >< ST m CC) M co 00 1�7e 6r 9-7 il 55 ell 7L 00 10 CO -4 -4 1 C, h. !RS 118 86 'o`11-tmun ------- OLIVE ST ""'W' OD T!E g ""'W' g 3i o. of J 66 Z (n 0 > r- m 0 37 ol: oo " i o ozo m o 0 -4 > z u) 51m N mcl) F W co) ;u Attachment#2 pS NUM&ERED LOTS SHEET I OF 4 SHEETS LETTER!EOLOT TRACT MAP NO. 73928 ACAID' AW ': 14 ACRCS ORIYSS ACREAGE 1.73 ACRES NET ALL OF TENTATIVE MAP NO. 73928 IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SAJRVEYED DATE-- JULY 2MO BEING A SUBDIVISION OF A PORTIONS OF LOTS 54 THROUGH 59 OF TRACT NO, 7701 AS PER MAP RECORDED IN BOOK 88, PAGE 61 THROUGH 62 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LAND DEVELOPMENT CONSULTANTS JULY 2016 FOR RESIDENTAL PLANNED DEVELOPMENT &-clERIMM, WE HEREBY STATE THAT WE ARE THE OWERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WITHIN THIS SUBDAASON SHOW ON THIS MAP WTHIN THE &SnNCnff BORDER LINES, AND EW` CONSENT TO THE PREPARTMON AND RUNG OF SAID MAP AND SUBDIWSfCN. WE HEREBY DEDICATE FOR THE PUBLIC USE, FORTIN STREET AND OTHER PUBLIC WAYS SHOW ON SAID MAP WE HEREBY GRANT TO THE CITY OF BAWMIN PARK AN INGRESS AND EGRESS EASEMENT OVER LOT A FOR EMERGENCY AND SECURITY WHICLE PUATPOSE5 SO DESIGNATED ON SAID MAP AND ALL USES INCIDENT THERETO. WE ALSO HERESY GRANT TO THE CITY OPBALOWN PARK AN EASEMENT OVER LOT A FOR SANITARY SEWER PURPOSES 50 DESIGNATED ON SAID MAP AND ALL USES INCIDENT THERETO WE ALSO HEREBY GRANT TO TBE VALLEY COUNTY WATER DISTRICT, ITS SUCCESSORS AND A56VGMn FOP POPPOZ!; OF WATTW FRANSM)S5fM_ D15TMUGITION ANN All. PSES REJAND IXA'R06S AN AND F14RUANIT01 EASEMENT 01"" P)0VF-ar--AAY ON, UPOV, OWR AND ACROSS Aft fAA0,' AIXIIIN (610MOV LOT 4 (IF THIS SWIDIV510V SO DUIUCNAIED ON SAUI MAP FW DO. PCPPOStS LX' kUCAMNr4 Iff4CK,'ARNa C(,w5"U)rvNa RrCONSOVU07NP,I ,YAIRWNIN6. OfIFNAIING, AWSPEG"UNOI A DIOR REPAYNNO PIPE- dANW,'e$d AND AIL FUlIfITE'S #'IRN 'FO. 141B� L�B RV4I? FSS ANT� APPORILWANG1151 INUTAFINTAI FI 01' ANU0A THERETO, TOGETHER WIN THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM. BALOWN PARK HOMES, U.Q, A CALIFORNIA LIMITED LIABILITY COMPANY 8K'' By•. ...... NAMV 4.. .... . .. . ... . . ...... . . NAME, TITLE PARTNERS CAPITAL SOLUTIONS, INC., A DELAWARE CILARPINAZION, BENEFICIARY ON" A DEED OF TRUST NECOONTO LICYTMWO 28, 2015 AS INSTRUMENT NO, 20151625424 or OFFICIAL RECORDS. By- — — - - ------------------- - - --------- - ---, sy, — NAME, . ......... . . NAME, TITLE.• ......... . ITILE. &uffwftt Cf WC FINANCIAL EERIACES, LLC, PfWOWMARY UNDER A DEED Or TRUST RECORDED APRIL 25, 2016 AS INSTRUMENT NO 2.0160461842 OF OFFICIAL RE DS BY. . ........................ Or,„__.------. NAME:. .... . . ....... . . ... .. ........... . . RILE, -------- ... ....... . .. PARTNERS CAPITAL SOLU77ONS FUND, LP, A DELAWARE LIMITED PARTNERSHIP, BEN -Th, A Y UNDER A DEED OF TRUST RECCITOTLI SEPTEMBER 1, 2016 AS INSTRUMENT ROL 2016102472 OF OFFICIAL RECORDS BY. . . . ............. . -- NAkfE,,---.-- ..... ......... DILD . . ....... - ""'' — SEE SHEET 2 FOR NOTARY ACKNOWLEDGEMENT GERTIFICA YES WWWWWkwoMM ALL, 07 IRIS FRAfF MAP IS AT410WO AS A I0-5,WA-XOAL PXANULD bFktIt0*'W MUIZVT W&REVY ME CIAMRA AREA IML BE HELD IN ITT BY AN A5SiX,7A DON MAIM 0' CA" CIMORS OF THE INDOWDUAL LOTS. LOT A ISA COMMON LOT TO BE HELD AN FEE' BY AN ASSOCZAEON MADE UP OF THE OWNERS OF LOTS THROUGH 15 INCLUSIVE, FOR ACCESS EASEMENT UTILITY EASEMENTS AND MAINTENANCE PURPOSES Aft'A4290P IN THE HOMEOWNERS ASSOCIA17ON IS IV5LPAPAPOF FROM THE OWERSHIP IN THE INDIVIDUAL LOIS. PURSUANT TD THE PROWSION OF SECTION 66436 (0)(3)(A)(I-1*0 OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAW BEEN GANTROX P. SAMUEL W. HA WVER AND HARME r U. HA WI4ETG HOLDERS OF AN EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES PER DOCUMENT RE ED IN o" 7319, PAGE 36 OF DEEDS. DOCUMENT IS INCOMPLETE AND DOES NOT SPECIFY LOCA770M OF EASEMENT 2, THE PRA "IWVELi"l III CVMPANY; "I4.14,R CIF AN FA5FMFNT FOR 4NOB'5r, EGRE,5`5` AND DRAINAM" PIARPOFFS. PER 00CIAONF PfCORLVO MAY 0 1957 A5 WCUMTNTMO, OW, IN BOOK 5441P, PAGE 50 OF OFFICIAL AErt.VRIS. THE BEARINGS SHOW HEREON ARE BASED ON INS CENTERLINE 0c'FURnN STREET BEING N0046 -06-E, AS SNOW ON THE MAP OF TRACT NO 53055. M.B. f251111-12 MBAYDR:S-5JAMWM I OLLJTE.FPI' f,TAIF' TRAY I AM A 4ILY.W9.0 LAND SINVEIGA' Cw VLF SIAn-' a CAUIORMA,, THAT THIS FINAL. IWAP, CONVYUNU (L' 4 IIIA PIG 6" A TROF AND CWP(Ea.- -WJPVEY AN S I - BY W OR UNDER' my Dwircuciv GI jA Y zoT ,I R IMIAN, ANO WAS AiAeV n 11 T A F MUNUAMWS LA THE CHARACERAMV L0IAI0OV,5 91flow IORIAW, Auf )N PLACE UT WILL TO' IN FlACC WHEN )NEWFY-FOUP NORM, P90V ING TWIN4 AAl'OFr LIPS MAP,' nFAI FAIO ARNOMENIS ARE TTJ T"NAER( TUI- FT,RVE'VL I() OB A'AG THAT TIL NUR`I� D) AIL CCNfE79(,SAF AIT)NUANNIS AS -TO at so, NIL or cw Twx IN R%i aWHGE I*' PAI' CIIY FIAMCER MUON MfWFY-A0UR MONTHS fReAW OIL YSANO PA" SHOW HELPEON, 'LENNY GIl YETI LS 7993 Ipv' AM pia LICENSE EXPIRES 1213012018 011 LNGAWLWAMMUL I HENErilY SMIA' IBAr I RAW VAAWNA-0 IHE WYNNY MAP Df FRAG; NO IL39wa ulfAVIOSWIAT t,W 4 EW -477S; LHAT Pit r0AEXW9CW 194DAW HERFON IS LURSTANVAdlY ITIL SAME AS 0 ANYARTO (,W R&I ffNTARVE NAP AND ANY APPROWD AL RITA RUNS rNWELF, WfA I All PReNATWS Q' OHf- 5L6FONWlTYON AMP ACT AND OT ANY tiXAL ownwANU—s' AWIPPABLI" AT THE. MH E ff' APPOOVAL Of' Ad WNWAF TRA0 MAP HAII DEIN' Cei"10GO WITH AA ITER INS . . . ....,,,,,,DAY TV . . ......... .. "Oly DATE:._ Atr 'W SERWV, RE. CITY ENGINEER PC RCE 33538EXPIRES 613012018 a?Y-9VRW-k0!-5TAl0ffNL- I XINWOI' SLAM, THAT OLAW EXARMLD PIE' NOW MAP W TRACT NO ZI920 CONSISTING IV 4 Nff,'I FG IBO I AM SATISFIED THAT ow MAP Is rtcpmoomiY c(VAYiEc'r AND YMAY ALCFROWSIPAIW 2'M"PIK S"R.IPOSAOR VAAP' ACT AN ANY IO(Al. QWfWANOXS APCNIAM-1 AI TIff. TAM Of APPRE)VAt OF THE 79N FA TI 6F MAP HA VV UN,'N IIOMJOY rV OE IT( DA TE NICK SERWAL P11 CITY ENGINEER PIaSd RCE 335M EXPIRES 6130I2018 I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT ALL PROVISIONS OF APPLICABLE ZONING ORDINANCES OF WE CITY OF BALD WN PARK HAW BEEN COMPLIED NTH DAUU. ..... . . . . .......... .. .. .... . . . ... .... .. . . ........ . ............. AMYL HARDIN, AICP CITY PLANNER CITY OF BALDWIN PARK WMALAMS"LaRDFICAM I HEREBY CER"RY THAT ALL SPECIAL ASSESSMENTS LEWED UNDER THE J#V.2NLR0N OF THE' CITY OF BALDWIN PARK TO *NICH THE LAND INCLUDED IN [HE WITHIN SUBDIVISION OR ANY PART THEREDFIS SUBJECT AND WHICH MAY BE PAID fN FULI, NAVE BEEN PAID IN FULL GATT, MARIA A, CONTRERAS, CITY TREASURER CITY OF UALDEEOV PARK CITY OF BALDWIN PARK COUNTY OF LOS ANGELES) SS STATE OF CALIFORNIA ) I HEREBY CER77FY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF BALOWN PARK AT A REGULAR MEETING THEREOF HELD ON THE — ----- RAYLVANO SUAl Off'MVIIN SAID f,"(XWT,'9. tgt BYAN' CROGR I'AWY FA 9I1SED ANO FN7RELL APPROVE SAID MAII AND DID ACCEPT CAN DENALI Or THE nt'q%ua WE' OEWCATION faI` 00F Pluutoc OW W ALL SPIIY115. HY00,045 AND OrOffR PUBLIC WAYS SHOW ON SAID MAP, AND DID ACCEPT ON BEHALF OF THE PUBLIC THE DEDICATION OF AN EASEMENT FOR INGRESS AND EGRESS FOR EMERGENCY AND .SECURITY WHICLE PURPOSES AS SHOW ON SAID MAR AND THE DEDICATION OF LOT A FOR SANITARY SEWER PURPOSES AS SHOW ON SAID MAP DATED THIS______ DAY OF ......... . . . .... . . . . . .................. . ..... . . ,, 2017 ALEJANDRA X . . . ...... . . ............ .... CITY CLERK THE CITY OF BALDWIN PARK yAu.ry-QQu&a-walld? M.N&L. WE AERIE HIM [HE RIC014PAROTI CW #01� MAP APO) DO HfRFVY ACCEPT BIT CEIRCA17ON OF FAMOENT FLATI WAIER VI5P?(W106V PIXIIP05ES AN fff�RkfI IN THE ONNERS STATEMENT --- --XMNAG6 '— GENEA 15 NUMBERED LOTS 1 LETTERED LOT SHEET 2 OF 4 SHEETS MAP NO. 73928 ACREAGE: 1:74 ACRES CROSSTMCT ACREAGE: 1.75 NET ALL OF TENTAllVE MAP NO. 73028 SURVEYED DATE.- JULY 2QHl IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOTS 54 THROUGH 59 OF TRACT NO. 7701 AS PER MAP FILED IN BOOK 88, PAGE 61 THROUGH 62 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LAND DEVELOPMENT CONSULTANTS JULY 2016 FOR RESIDENTAL PLANNED DEVELOPMENT FWAW A No TARY PU611C OR DINER OMCEII COMPICI%G REll'S'CERIVICAll VERIFIES GHL I THE IN, "B"'CLIA, .0 .. M� NI TO W�Cq THIS CER17RCAYE 15 ATTACHED, AND NOT THE TRUIHFULNES.% ACCURACY OR VALIDITY OF THAT DOCUMENT SAIT' 4V CWFORNIA )SS ('000 1 0 Of WSAN&861 5) ON . A&&ARV ' BEFORE ME . . . . ............ A NOTARY PUBLIC, PERSONALLY. ............. .................. HHO PROVED TO ME, ON THE BASIS OF SATISFACTORY EWDENCE, TO BE THE PERSON(S) HHOSE NAME(S) fSIAW Ull Tkff tOTOW W$TRUMfNr AND ACKWHIE06W TO ME THAT PA.' S'AW IN APS/HERIrwroy Aorwww eXPAC7njTI-s)' '0�w 'N/ THAT BY Iff%,4W0ifIP WNA?4080,4f) eN fr msm uourml. m. THE pSwN(M �oa, ENTITY UPON BEHALF or mHom THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. fiQ.lM.r-A0XNDA=Q50M �A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE HERIFIES ONLY THE IDENRTY OF THE DI THE WHO SIGNED THE DOCUMENT 70 WICH T 4'S CERTIFICATE IS ATTACHED, AND NOT THE TRU ACCURACY OR VALIDITY OF n . . . ..... . .......... GAVIORAAA )Ss L,WWY (,'II ?,O7; AINIFRES) ON.............. ..... __, BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED . . ......................... .......... KID PROWD TO ME, ON THE DA95 OF SATISFACTORY EWDENCE, TO BE THE PEMSIW(S) HHOSE NAME(S) IS,^ARL SV05O`II8I0 TO THE WHIN INSIWWWX ANO AVKWKFVcEv ro AR' THAT UE/2'VIE/dPMY tWEGUIED THE SAME IN HOS/NEP/104"IM A0ftNv4I,'eD CAPACYty(YCSX AND THAT BY HIS)Wfl/WIFW SIGNATURES(S) ON THE INSTRUMENT, THE PRRSh1 W(S) OR THE ENITTY UPON BEHALF OF WON THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT I CERTIFY UNDER PENALTY a' PERJURY, UNDER THE LAWS OF THE STATE OF CALIFORNIA, I CERTIFY UNDER PENALTY OF PERJURY, UNDER THE LAWS Or THE STATE OF CALIFORNIA, THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT THAT THE FOREGOING PARAGRAPH IS ?RUE AND CORRECT SIGNA J URK -- — - ---------- . ......... -- NAME OF NOTARY„____._____.______. COUNTY OTARY------------------- COUNTY IN WCH C(MOGROMED DATE COMMISSION EXPIRES.._._ COMMISSION ROUSER A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CER17RCA TE VERIFIES y IDENRTY OF THE WIN AL WO SIGNED THE DOCUMENT TO WON THIS CERRO” IE IS A TIACHED, AND NOT THE TRUTHFULNESS, ACCURACY OR VALIDITY OF THAT DOCUMENT. .. ............ 'STA Tf I'M ("AtfFORNIA )Ss LVWy OF (05 mNffIES) IW- A NOTARY FUBUt. - - - -------------------- RHO PROWD TO ME, ON THE BASIS OF SA77SFACTORY EWDENCE, TO BE THE PERSON(S) WHOSE NAME(5) tSIARE TO THE WIHML INSTRUMENT AND ACKNOKEDGED TO ME THAT HE/SNE/THEY EXECUTED THE SAME IN 1flS,47FR1lHkW AUTHORIZED CAPACITYDES), AND THAT BY M,;IWRIUITA` SIGNATURES(S) ON THE INSTRUMENT, THE PFRSON(S) OR THE ENTITY UPON BEHALF OF MIRTH THE PFRSCWs) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, THAT THE FOREGUNG PARAGRAPH IS 7RilE AND CORRECT WRIESS MY HAND SIGNATURE NAME OF NOTARY COUNTY IN WICH COMMISSIONED DATE COMMISSION EXPIRES._.._........ COMMISSION NUMBER mk A NOTARY PUBLIC OR 07HER OFFICER COMPLEYING THIS CERTIFIGA 7F VERIFIES ON. Y THE WENTIfY OF THE MIDIWOUAL W40 SIGNED THE DOCUMENT TO MUCH THIS CERNRCAM IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY OR VALIDITY OF THAT DOCUMENT. . ..... --------------- . . . ...... . ............ . ...... . ...... . . . . . .......... . . . .... ........... . .... ..... NfAll' Ar CASOORIWA )SS COUNTY Of W5 AWGf-LES) ON ----------- ------- _- BEFORE ME, .... . . . . .................... . . . ................ ........................... , A NOTARY PUBLIC, PERSONALLY APPEARED — - ---- - --- WHO PROVED TO ME, ON THE BASIS Of SATISFACTORY EWDENCE, TO BE THE ARn9A(S) RHOSE NAME(S) d.5,0k' SUIdSOWUFV R" Uff" WAMN WSTRUMFNI AN41 AcKmolff-fl-MEO 70 Mr. THAT hq-',,-b')"E/hUFY LAECIPM) THE 5AME W HPSW,IXRIVAIR AUPAOIJAD VAPA(Wq'W-�. ANO LUm or q4W4njpTq'S) LW ON OW5T)WAel.W WE PERS(WfS) (WI' INT ENTITY UPON BEHALF OF WICH THE Prrsxm%) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY Or PERJURY, UNDER THE LAWS OF THE STATE OF CALIFORNIA, THAT THE 1`00r.60ho' PARAGRAPH IS TRUE AND CORRECT Sir" TUNI .... . . ......... — ------ NAME OF NOTARY COUNTY IN WHICH COMMISSIONED DATE COMMISSION EXPIRES . ................ COMMISSION NUMBER NAME OF W)h4fiV-.--- COUNTY IN PHICH COMMISSIONED DATE COMMISSION EXPIRES --- COMMISSION NUMBER -------- . . . . . ..................................... � 5 WAARDIOD LOIS LFITITATO LOT ACREAUI-1,14 *00R5 GROSS TRACT MAP NO. 73928 4CREAU., 11,71 MACS HET ALA, OF 0,-RTAllW, MW NO. 73928 SAIRWXV DAM ARY 2018 IN THE CITY OF BALDVI(IN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAND DEVELOPMENT CONSULTANTS JULY 2016 FOR RESIDENTAL PLANNED DEVELOPMENT BOUNDARY MAP r0wozy"I Zjl PAIT"'Mm RI INDICA TES RECORD PER IN NO 7701. NO 8810-62 R2 INDICATES RECORD PER PARCEL MAP NO. 1276, PAID 275190-9? RJ MYCABS RECORD PER PARCEL MAP NO 1244, Pug 2741187-8B R4 INDICATES RECORD PER PARCEL MAP NO. 1252, PANI 262157-59 R5 INVICAIES RECORD PER PARCEL MAP NO 11 74RHO 2J413I J2 ITS INDICATES RECORD PER PARCEL MAP NO 1129EMIL 204180-8? R7 INVICA LES RECORD PER TRACT NO. --jQ55, Afil 125fl'?I-12 RS INDICATES RECORD PER PARCEL MAP Na 1156, PUG 2381K7-SY PIT INDICATES RECORD PER PRF& f4301053 - 1354. RIO INDICATES RECORD PER PWO 14JOlfO45 -1046. MI INDNAIES RECORD PER PffB 15301674-675. R12 INDICATES RECORD PER PWO TSX1676-67Z R?3 INDICATES RECORD PER BALDWN PARK CITY PC 159 R14 INDICATES RECORD PER &ALDWN PARK CITY KE PJ M5 INDICATES RECORD PER TRACT NO 4607?, US Iff7187-89 SHEET 3 OF 4 SHEETS AtowMENr NO ALL FOUND MONUMENTS ARE AS NOTED HEREON. * INDICATES 2' LP 7AGGED 'IS 7993® OR N&F STAMPED 'IS 7993" TO BE SET OTHERMSE NOTED, * INDICATES SPIKE & WASHER STAMPED IS 7993' TO BE SET THE BEARINGS SHOM HEREON ARE BASED ON THE CENZERUNE OF FORTIN STREET BEING NOP°46'06®E PER TRACT NO 53055, WE P25PIll- 12 'w8w-"TA I P 060'46%17, &09�(M?TOWRI) L2 NOO'45'I3IE 59.87' (59MEI) 13 NN44'06 'r rs Bq' (MOO' M) L4 NOOV2'42E 30.00' A--lL INDICATES BOUNDARY OF THE LAND BEING SUMMED BY THIS MAP SIN INDICATES "SEARCHED, FOUND NOTHING" m&g ANurms 'AdEAsuRFB & RECORD' ( ) INDICATES 'RECORD- PER REFERENCE N07ED FYA S,' W , "ff L "0", 'j'ED "' . .. ... .... ... WW! P i UBIA STREET 4 JI N8957�Hl-W 043V (664.36NRZ 664.38RJ, R4 ....... . .. . .... 331 T. (m400'flx) N."S7Wl'W 8@429" (woo Ro mqwTsly oloor 191 ti, Ff 0-5vt �W COWER LOT 25 WOPOSICI) BY WTERSECRON NW CIMER PARCIR. 2 OF PAPrFf tl -'1`CP2N2E OF II HU WW 65iWR LOT 22 sm Aw ESTABLISHED BY PROPORTION PTd TV PfymL ml CrEf m m 11 07 A LED ll�l "I 62� PARCEL J. rM NO, 1276, PER R2 �z' ZRAff Lff n AN MV r4rA&01(0 RY PROPORITTIN N. 4. X, LINE LOT 24 P LOT N a �W COWER LOT 25 WOPOSICI) BY WTERSECRON NW CIMER PARCIR. 2 OF PAPrFf GAP NO *76 (W), CSIA&1947) fS' WAY (,V TO H&INTNI RT? NW avxfe OF PAHMU, 3 eR I q, LINE LOT 25 �307.10- - sm Aw Mwi=5'W PTd TV PfymL ml CrEf m m 11 07 A LED ll�l "I 62� PARCEL J. rM NO, 1276, PER R2 I- (9,4k FOR SW CORNER PARCEL J, BY NO, LEM, PER R2 LOT 27 . . .......... . ..... . ............................ . . . . — - — ----- . . .......... . LM X 04" 1 (60 DO , Had M"WNVO :ILA& BY NE CORNER LOV 53, PER AND wwwarcluen ........... _614.26' TTI!4,(if?'041) M 7M CAST L/Af OF WL Y a� Lois,,,iS & 59 � I - - 11 - -1 4-- --- - j I N. LINE OF Lors'- Z 2,5' N, 57 FSFAfNJ5lIF.O 8V PRrWrvzR 'A S 'W ._LINEBK " o' 123�� OF LOTS 15, 56, i 57 �5 -- ;�. .qw 6MMIN (Tr A or m .16 I.sane 9)'PRfV'— f4ff Z N. LW OF 0 .7. 5 5 0, r L)RE or LOT 40 --'AW 40V 44-59 OF Lors mELYUNE FNZY-..l' n rx w"7 No 7701 (PI) 2r' OF tor 55 N. LINE 0, LOT19 Lff SEE GEM A' IZ LINE LOT 54 Lor 2 HE I ' g w In i4_1 07 9 7, OLIVE S7RErr - 864.04' &—R8, i6,19VR5) FffiRl 14- (MGMAt 54 PER RIO "i CL 4Z FROG ORfrfNA,l 51 PER RIO gs mg, tt 6 fp flusi, lig b �5 NUMBERED U)P5 U�TRT*13 LOT AR MEAU1.74 AU" MS GROSS ZAT,� 1',.73NET TRACT MAP NO. 73928 All Or IENTATIVE MAP NO. 73028 IN THE CITY OF BALDVAN PARK, COUNTY OF LOS ANGELES, STATE: OF CALIFORNIA 1 ,t W.WD DARTj AXY 2018 LAND DEVELOPMENT CONSULTANTS JULY 2016 FOR RESIDENTIAL PLANNED DEVELOPMENT EJ RFSERYATIVU, OF AN 00-FOOI PROF C&SEMENT FOR INGRESS FrRF6f,,' & ffiAINAGE PURP05f,' OY Rd' PRA OY DW E4VFWNF CO, IVR GRANT DEED 4M�I 5J19,57 AS INSUI, AAQ- 988, W BOOK 544U, PAGE 50, O.R. E2 AN EASEMENT IN FAVOR Or SAMUEL W. HAWWR AND HA E7 M. HA R, FOR PUBLIC UTILITES AND INCIDENTAL. 1411'71,105D 'S`: PER DOCUMENT RE ED IN BOOK 731 P, PACE J6 OF DEEDS DOCUMENT IS INCOMPLEIF AND LOCATION OF EASEMENT CANNOT BE DETERMINED FROM RECORD. =116.%L-LfaM EASEWE&r-1Z2= L4 N0032'01E 30.00' fk5LAfCW TO Wt. Qt9'0F DALMON PARK FOR SAAfHARY L5 N8973'54W 30.00' $f'pWR 0101015'" DC11w0io tftyop do 1-6 N75141103V 7 CASTOWNt ID P#' IIALU V WJWY WAY OT�ft,, I FOR L7 N443656 -W 12, P51 WA IER MSIRftfVBtW M)WOR-YW,' 010CA fEV HhRCTW La N37*42'16'E 1529' EASEAlo-W . JO THE CUF 0 #ALDWN PAW FLM' fWWW'1,5 AAW FGAYSS, FOR FMEX(;X,'NCW AND VWnTY L9 NOO'46'06'E 14.87' DEDICATED HEREON 00 N75IHC3'W 64,27' LTI NOO'45'29'E 54,57' L12 NOO'4529T 54.44' LIJ NOO1529'E JR02' L14 NCO'46'06'E 49.47' 1 .-Jo LIS NOO'46'06'E 35,97' 06 NOO'46'067 1350' SHEET 4 OF 4 SHEETS I THE BEARINGS SHOW HEREON ARE BASED ON WE CENTERLINE OF FOR77N swEr amc mw'46'o5'E PER TRACT No 53055, uB P25iln-t2 (SEE soffEr 3). CI A-1475'2.2' ca A- CIS 6j, /enmp' N -;'e -W R-2550' R-- J2.50' L-zIO' L=19.43' 1 x440'49' C2 A.�152CA2' C9 AZ^55-P.5- C16 A -2:19;W R-25,50' %) 8-4410, L-34.02' L=7.97' L-206, CJ A -62.$1'0J' CIO 4,44'0.P' C17 41- 2950'2.7' R-44.50' P-44,50, n -44E' L-41.05 L=JA 70' L=TZ74' c4 A cfi Aav'ft' C18 A-1176;7' R-JA'50' R-4450' R-15.00' L=6.35' L-3.74' C5 A.2:lj 7R'50 - C12 CID R=44.50 R-32.50' R 140 fxj, L- 0160, L-45 73' L-57. 14' C6 A -44'W W" CIS A817,Y29' Ar -,34,.01 R-32.50' L-2&21' L -P914' C7 Cf4 R-2550 R=32.50 L=6.62' i""MI: f9' NUBIA STREET '' '63h8'w . ........... . . . - - -- — - — - — --- Lff 19 1,1w fi mmum LOT 39 U 4613 SF A (110 S F N - - - - - - - - ---- - - - - L . .... ...... I E M 44" sf. in 119 2 4664 "Tr, tool BF M 73, 6 ff . . ............... I - - - - - - - - - - - - - - - - 4 ("04 eIr MACY' NO. 7M] '44" A LOT 0 LOT 81 '�jz' AWIEW wW377;Fw-iTW--x In C17 puvw'v LOT 14 r DUOR R LQ Mdr i L w9 d gEara L 3155 OF Rom w if SF . .... 70 So 4.805 &F, '�o 5' 25' 0123.51'fl 4, LOT 6 LOTA Pmw couRr 5, rWw JVMW 87RMT WOWAffO HERON TO THE PUBUC ff 7, wr 5 5,965 SE. hr L" 4 [�Aw' 3 Lm 2 LOT I W SO N89'57'25"W 09, ITEM NO. STAFF REPORT * r, TO: Honorable Mayor and Members of the City Council ritr FROM: Sam Gutierrez, Interim Director of Public Wor k r SAN 646 I r. � I DATE: February 7, 2018 ;r SUBJECT: APPROVE TRACK MAP 7335414827-14839 PACIFIC AVE, 'W 47 RESIDENTIAL CONDOMINIUM UNITS SUMMARY This report requests that the City Council authorize the approval of the Final Tract Map 73354 pursuant to the State Subdivision Map Act and Section 152.09 of the City of Baldwin Park Municipal Code. FISCAL IMPACT The approval of this Tract Map will have no impact on the City's General Fund. All units are proposed to be for -sale and market -rate, which will increase property tax revenues for the City. RECOMMENDATION Staff recommends that the City Council accept Tract Map 73354 and authorize the City Clerk and staff to sign the final map. BACKGROUND Cal 33 Partners, LLC submitted a Tract Map that will construct forty-seven (47) single family detached condominium dwelling units within a gated community on a 3.2 acre site. The units will be accessed thru a private street from Pacific Avenue. Sewer and storm drain capacity reports were submitted and found that no mitigation is warranted for the proposed development. SUSMP and hydrology studies were also submitted and will be incorporated into the grading and drainage plan. The State Subdivision Map Act allows staff to approve Tract Maps on a ministerial basis. Staff has reviewed the Final Map and finds that it substantially conforms to the Tentative Map Conditions and all offsite improvements have been bonded for. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES A final map that is in substantial compliance with the previously approved tentative map cannot be denied approval (Government Code §66474.1). Further, if the Final Map is not approved at the first meeting or at the subsequent meeting from when the Final Map was presented for approval and the map is in conformance with the requirements of the Subdivision Map Act, the map will be deemed approved (Government Code §66458). Since the map is both in substantial compliance with the previously approved tentative map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative to approval. ATTACHMENTS 1. Los Angeles County Assessor's Map 1 Final Parcel Map 73354 (sheets reduced) Attachment # Tk 1 q enA "8 r 9 Irl > 0 �D 1 -) Z Iii Oa >0 ir (Q) z -i lz --i z •O z C p p 1> P rj -u 0, 1 a) 0 Ul N) 0 LP Ln oil -4 k -Py jaq, wo 0 0 C—, z z (D C) .7. rl 5. F m ir olN Alb, N, Attachment # NIAVIDERFS tOTCT SIIIEEI 1 OF 3 SHEEI'5 A f /9 A LAE S ALL Or TrNG4nVF TRACr ZJJ54 SURFIFNED CA 17, MA r 2017 TRAN09 73354 FOR CONDOMINIUM PURPOSES IN THE CITY OF BALDWIN PARK COLJN-F'( OF LOS ANGELES, Sl -ATE OF CALIFORNIA BEING A SUBDI'ASION Or A PORTION OF LOT 1211, TRACT 962, IN THE CITY OF FIATMN, PARK, COUNTY OF LOS AlICELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGES 74 AND 75 OF MAPS, IN Hit IFFrICE OR THF COUNTY RECORDEq OF SAID COUNTY I -ANT) DEVELCHPMENr CONSULIANIS JULY 2015 OWNER'S STATEMENT: WE HEREBY 'STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WIMIN THIS SUBDWISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, ANN WE CONSENT TO THE PREPARATION AND FIIJNG OF SAID MAP AND SUBDIVISION WE HEREBY DEDICATE. FOR THE PUBLIC USE, PArInC AVENUE AND OTHER PUBLIC WAYS SHOWN ON SAID MAP WE HEREBY GRAND TO THE CITY OF BALDWIN PARK AN INGRESS AND EGRESS EASEMENT FOR EMERGENCY AND SECURITY VEHICLE PURPOSES $0 DESIGNATED ON SAID MAP AND ALL USES INCIDENT THERETO WE ALSO HEREBY GRANT' TO THE CITY OF BALDWIN PARK A 10 FOOT WIDE EASEMENT FOR SANITARY SEWER PURPOSES SO DESIGNATED 014 SAID MAP AND ALL USES INCIDENT THERETO, WE Al -50 HEREBY GRANT TO THE VALLEY COUNTY WATER DISTRICT, ITS SUCCESSORS AND FOR iluNip"04"$ uF WATER IRANCVl,5-&QN, NSIRROAD ,114 AND ALL USE, PFIAltU lHFRET,), AN, RXI.., Ll"vr4 NO PTFm,,,UP4T FAI,,F)AEN1 Or RX14-Or-WAY IN, UPON, 6110, AND 14SPO"Ill ALL 11,0DV'111171NANO) ON SAM) R-V`I FOR THE PUUPOINr OF qOrATIN6% RELOCATING, CONSTRUCTING, RFC0NSFRUCflNG, MAINTAINING, OPERATING, INSPECTING, AND/OR REPAIRING PIPE UINE(S) AND ALL. FIXTURES AND APfl`D jlTqNWCE,'. INCIDENTAL THERETO, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND FTLYUSS THEREFROM. PRE.511MO RAI BALDWIN 47, 11C, A DElAWARE UFATITCO LTABI-MITY COMPANY EM MOBS DEVELOPMENY, INC., A CALIFORNIA CORPORATION, ITS OPERAnNG MANAGER F.TY ANGF NOR) MUIAMS, HOWE'STRED DANA, A WASAWIFTON STATE CHARTEREDCOMMETMAI, F.FANK, AS BENETWUNIFY UNDER A DEED OF FRUST NECURIAD CUMBER 3$, 2017 AS INSTRUMENT NO, 2017RS,DA66 OF 0F711UAI- RECORDS, BY: Aii;6NTJ - LOPIT.970 SM.. PRE'SIDENT [ A NOTARY AN RUC OR OV14ER OFFICER COMPLETING THIS CERnFKSFFE VERIFIES ONLY DE i IDENTITY OF THE INDIVIDUALS WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS MID ATTACHED, ANOT THE FRUTHFULINESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. '11 '-1,---, . . . .. . . ... . ..................................... -- -- I 1,1--1 ............. ..... . ...... NOTARY ACKNOW-EDGMEINT: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ON Kiri 2W7 DEFORII: MEEI . . ............. RONY APPEARED . .... SATISFACTORY EVIDENCE TO BE THE PERSON() WHOSE WTn PRO"ILD THE BASIS OF TOIL o M NAMES) E ON S -TE JSJARR ILRTSCTFWED TO THE MTOU IN(",'WFLAIENV ANN AI IkNOWUA,rF0 TO ME THAT NE1,SRrr(qfEf DECUITtl NIE CAME III HISIFIF.R/11IFElk AH71,11,1RIZED CAPACWHIES), AND THAT Ior HRv/HrR"T"tIR ON THE INSTNUVEN1 DIE CH IHE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED ME INSTRUMEI'A'. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS, OF THE STATE OF CALIFORNIA THAT THE FORFGOING PARAGRAPH IS TRUE AND CORRECT. ADDRESS W HAND AND OFFICIAL DEAL . . ....................... . . ....... SSSS., "IF .............. . " A NOTARY PUBLIC OR OTHER111-1-ICCR COMET RTING THIS CERTIFICATE VERIF -S ONLY T - HE IDENTITY OF THE INDIVIDUALS WHO SIGNED THE DOCUMENT TO WHICH PHIS CE RTIFYCATE IS AND NOF ME TRUTHFULNESS, ACCURACY, OR VALIDITY OF TRAP DOCIIMFN"I -------- . ..... ---- NOTARY M_1KNOWLEDGIOIEN E: ';ATC' OF CALF('ZRMA C,,Nuty ora06 ANGELES ON 2017 BEFORE ME. . ...... .. .......... ............. PERSONALLY APPEARED ........ . .......... . ............. . . . ............... . . . --. WHO PROVED TO ME OR DIE 13A5FI, Or CATPJFAGTi)HY D'��PC XOE IN, Ut Tilt OfWAYdC) 'WHOSE NAME(S) FI V '-RIDED TO HIE WITHIN IN,0HUMENT AIF() IIF flF, ]FIAT Pvulivl , PRIJ' L',lFCUIlG THE FAME IN HH/I[ER/1110A AUPONWED ANN Him FYY ' Ws/w""TB ER TH �ON E 181TRUVETf% THE PWE EI ,CR OR IMF' EPO NUT'r UN BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT 11 CERTIFY UNDER PENALTY OF PERJURY UNDIES THE LAWS OF THE: STATE OF CALIFORNIA THAT ITHE FOREGOING PARAGRAPH IS TRUE AND CORREC� WITNESS MY FUND AND OFFICIAL SERI BASS OF BEARINGS: THE BEARINGS SHOAM HERE(AN ARE BA'9..G UPON THIS CFNrEFLPNl. OF PUENTE AVENUE BEING N41 "29'401 PER RECORD OF SURVEY, RS8 2&)/:ti7 ZONDOMMMPA NOTIE THIS SUERINKNON IS APPROVED AS A CONDOWNHUM PROJECT, WIDDcay THE OWNERS OF THE UNITS OF AIR SPACE WILL. HOLD AN I-NOMDED INTEREST OE THE COMMON AREA WE HICE, WIT.F., NI TURN, PROVIDE TFLE NECESSARY ACCESS AND UBLIFY EASEMENTS FOR ME OMIT S NITS SIGNATURE OWSSIONS: PURSUANT TO THE PROVISIONS OF SECTION 65438, (,O(,5)(A)(i AM) OF TIRE SUBDIVISION MAP ACT, THE POILLOWING SIGNATURES HAVE: SEEN OMITTED: THE COUNTY OF LOS ANGELES, HOLDER OF'' AN EASEMENT FOR PUBLAC STREET PURPOSES, PER BrC`V OF C ON REMNATION, CASE NO 186372 SUPERIOR COURT, RECORDED IN BOOK d&9 9, FACE 21Z OFF1CIAL RECORDS .`.SURVEYOR'S STATEMENT: I HEREBY STATE'THAT I /IN A LICENSED LAND SURVEYOR OF THE STATE' OF CALIFORNIA; THAT THIS FINAL MAP, CONSISTING OF 3 SHFErf,, IS A TRUE AND COMPLETE SURVEY AD SHOWN, A14D WAS MADE BY ME OR UNDER MY DIRECTION IN MAY 2017; THAT THE MONUMENTS OFTHF CHARACTER AND LOCATIONS SHOWN HEREON ARE IN PLACE OR WILL BE IN PLACE WITHIN ITHI NRNENTY-FOUR MONTHS FROM THE FILING DATE or THIS MAP; THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED AND THAI BE NOTED TO ALL CIENTERLINE MONUMENTS SHOWN AS '10 BE SET" WILL BE ON FILE IN THE OFFICE OF THE CITY ENGINEER WHHIN TWENTY-FOUR MONTHS FROM THE FILING DATE SHOWN HEREON, DATF,,--L�,,�LL T Ull 1 voylv EXPIRAJION DATE 12/31/2018 UlY ENGINEER'S STATEMENT": I ;HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO 73554 CONSISTING OF 5 SHEETS; MAt flIFE SHOWN HEREON IS 'NSSUAASRA1,1_1 THE AS It APPEARED ON IHE TEHIAITAF TRACI MAP AND ANY APPROYEK NTRRAF]"ANS MERECIF: THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF A14Y LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE DENTNITEVE TRACT MAP HAVE BEEN COMPLIE0 WITH ONDED 'THIS -- - - - - DAY OF . ..... ............ . . . 201"7 pap, 1 ........ ........ DATE - NICK SERVIN, PT C EY END AINEER I. 1�31 IT 0 ✓ RCE 3.5538 EXPIRES 6/30/2018 k, CITY SURVEYOR'S STATEMENT: I HEREBY STATE ITWT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO, 7,5554 CONSISTING .5SHFETS AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT AND THAT ALL PROVISIONS OF THIS SUBDIVISION MAP ACT AND OF ANY LOCAL. ORDINANCES APPLICABLE AT WE TIME OF APPROVAL. OF THE 'RE TRINE MACr MAP HAVE BEEN COMPLIED WITH WIT01C, �;! v DATE: NICK SERVIN, S", CrFY ENGINEERP E, RCE 33538 EXPIRES 6/30/2018 CITY PLANNER'S STATEMENT: I HEREBY STAFF THAT T HAVE EXAMINED THIS MAP AND THAT All. PROVISIONS OF APPLICABLE ZONING ORDINANCFS OF THE CITY OF BALDWIN PARK HAVE BEEN COMPLIED WITH. DNTE:- ............ . ..... AIRY L. HARBIN, AJCP CITYPLANA FIR M OF BALDWIN PARK SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF BALDWIN PARK, TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF 15 SUBJFCO AND WHICH MAYBEPAID IN FULL, HAVE BEEN PAID IN FULL, DAM MARK A, CONTRERAS, CITY TREASURER CITY OF BAILDWRN PARK (LEY CLERK'S CERFIIFICATE: STATE OF CALIFORNIA� SO COUNTY OF LOS ANDSLES I HERSEY CEffnFY THAT THIS MAP WAS PRESENTED FOR APPRUVN.. 110 THE CFTY COUNCIL OF THE CITY OF EFALDININ PARK AT A REGULAR MEETING THEREOF HEAD ON THE .. DAY OT".,.,,2DU7, AND THAT THERtIff"CH SAID COUNCIL, By AN ORDER Dul� vAs,lii , H I ST B11, APPRCVI'C SAW, MAP 0,C) DID ACCEPT ON BEHAUF OF UK: E DEDICATION , IE 111131.1C USE OF All. SIIEFTS, HIGllIR%Yl AND OTHER Pp�.112EC� 0" ON SAO MAP, AND DID ACCEPT ON 811 . HALF OF EYE PUBLIC, ME Ay's SHOWN BEmc,Anm OF AN EASEMENT FOR WORESS AND EGRESS FOR EMERGENCY AND SECURITY VEHICIA I PURPOSO, AS SHOWN OIN SAID MAP, AND THE D.1101CATION OF: A IF) EGGS WIDE.. I ASEMENT FOR SANITARY SEVIER FN.JRPOSES, AS SHOWN ON SAID MAP DATEDTHIS ............................... —, DAY OF......._...................____._......_.. 2017 Al`Y-F - ' 'ANDRA AVILA CCLERK CITY OF BALDVO14 PARK VALLEY COUNTY WATER FASTRWT: WE AGREE WFIFF THE" RECORDABON OF THIS MAP AND DO HERESY ACCEPT THE DEDICATION OF EASEMENT FOR ICAD-H nN-TRIBuBQN PURPOSES AS oFUEFEo OO DIE OWNER'S SLATLMS MY GENERAL MANAGER U) Ld R p V, Y, IR 2 W 1 SIP u6 5 [:I o41 1-ul 3nN34V 3IN31nd Od w u H-7 1906 .......... (alu wi. ok�, j ol, (aOp flr. co IIJ N Y CIO C) 01 t 4 ow 0 08 &roO 501"w'l 1 -3.ro"54wv 11 uvy a„ vary 01, ON '60, . . ...... ... "T"" )fOlWllN wJ ow < ED Z 11- U.11 < 0 E.) z < z0; G_ u . .... ..... "PI o Illy ... . . ..... . > > '4 z C) 0 z 0 < ml rsarNmo-�C M1 germ urs u*o q-,";��' —?,q 1.9/ww kin 'qsla oN LA(HI 3Nd? A r,3S 41 IF I III ZY 8.7d frf 7 1 Fm 0.4 M�MJNNJ, I qs '9rwr ON 111MV1 A) qW A (U '2 U7 WHV,.i ope"novisv ry jo "NO AN k, 1 C6 prf) 9V; Pl, (m nozm wi kry wj (F 01.0 _qW) Al CIA, of 10,'Vb),400h 3nN34 V NOU 7VO 0/8 211 1, " 's . . ........ . . ..... r Numm - RED Lor 3.M A CRES All Of NAMAN WFMACY 7A.554 TRACT N09 733*54 SHEET 3 011:: 3 SHIETS SUMWWO DAM, MAY 2007 C5 A -90 *0'00' u mnw'(Wo' 'm5o, f't-fl 4,N kA "t, 6q 01 r IN � ',I W.w OF PfF 1� PDX rr (f 10 hN ROAD FOR CONDOWMUM PURPOSEES 4 k2 A WWOS W M90' IN FHE CIM( OF E-.-3AlLD\MN PARK L=29,&', COUNI-Y OF 11 -OS ANGEV.E.-Sl SFA PE U::: CAd UFORMA C2 A- 90W•5V' C6 &..�90rjo"5p` �4 H48U2'(M'W 25 4P' NFr '(W�05. R::: 45� (XY R=MOV" L" NO 78'4,Y cA FE] 404 P 04" P �'Y 0, - PAJDWN PARK FOR SANUARY SEWER rt 70,70' mm m WwAydrr"A cl A-mw'oc C5 A -90 *0'00' u mnw'(Wo' 'm5o, f't-fl 4,N kA "t, 6q 01 r IN � ',I W.w OF PfF 1� PDX rr (f 10 hN ROAD g 90 R- 0. ( 90: 4 k2 A WWOS W M90' PFff I'WAI. ORDER Gg' (.f,,W0kMNLAMA VOMiKV IN CA9- AQ. k..:^2"9.0,0° L=29,&', k., N41 W"!,27, � 9. 00' X63,12, SUP'E'R COURP, RECOROED W BOOK W9, PACZ 02 OF C2 A- 90W•5V' C6 &..�90rjo"5p` �4 H48U2'(M'W 25 4P' NFr '(W�05. R::: 45� (XY R=MOV" L" NO 78'4,Y cA FE] 404 P 04" P �'Y 0, - PAJDWN PARK FOR SANUARY SEWER rt 70,70' L-29 95 r NV 'Wopl- 24 rig, il, VM'ok�"' OfVy("Ayrt�' noo'cw ci 'i gow,55, R-45. 00' Cl A. 90 VW"'5' R- NZ nV' / m4ava "S"le, pool" f A 9HO, N r T(� WE VAJ I kY COMV f`Y VeA X00 OM MWT FOR WA rER L-70,70, P-29,05' c,q N47'11"VE Pfl.M' P1D71,1TUDC,V PURP0565, DP.r,7'fAPF.D PflA'F.f*t CA 'j-89 CS A-8.95924' (,9 N4,9:J2'08'W EA�D4-h'F M) THF Or) v� mtuwm P'w'� i'To kNV;00h�; Apdi) R-45,00' R -mm, KJO NOP'27'527 P 0, 00' OP � hli. R, 4OXY AND 'Cl'HN Ni" nm ' m mr'4 Up of'Fcw 70. fi a' F, Y984' W NW2'O5"IVV L,2-95 C,".0 A ' V958:50- R.Y2 N40JP'M'H1 JA 50 49,00 ITEM NO. 7 STAFF :PORT TO: Honorable Mayor and City Councilmembers 8 Hod of FROM: Shannon Yauchree, Chief Executive Officer Gustavo Romo, Director of Community Development sAN:GAiR'1F-L ; ' DATE: February 7, 2018 4`0 ON , SUBJECT: CONSIDERATION OF TECHNICAL STUDY PREPARATION TO CREATE THE BALDWIN PARK COMMUNITY CHOICE AGGREGATION SUMMARY This report seeks City Council consideration and direction to prepare a technical study for the creation of the "Baldwin Park Community Choice Aggregation" (BPCCA). FISCAL IMPACT The cost of $63,000 for the technical study would be funded by the City's Future Development Fund. This cost would be recovered through any realized energy savings only if the City decides to establish the CCA. RECOMMENDATION Staff recommends that Council: 1. Approve and adopt Resolution No. 2017-202, entitled "Resolution of the City Council of the City of Baldwin Park to Conduct a Technical Study to Evaluate a Community Choice Aggregation with California Choice Energy Authority (CCEA);" and 2. Authorize the Chief Executive Officer to engage California Choice Energy Authority to conduct a Community Choice Aggregation Technical Study for a cost not to exceed $63,000; and 3. Authorize the Chief Executive Officer, or his designee, to request the release of load data from Southern California Edison (SCE); and 4. Authorize the Finance Director to appropriate $63,000 from the Future Development Fund (Fund 200) and perform the required budget adjustments for this project. BACKGROUND The City of Baldwin Park has been investigating the benefits and costs of establishing a Community Choice Aggregation (CCA) that would not only assist the City in achieving its environmental goals but could also create new energy revenues and provide the City with greater control over the electricity supply for the city of Baldwin Park The potential benefits in creating a CCA include the pursuit of reducing greenhouse gas (GHG) emissions, increasing local renewable energy generation, and increasing local job creation as compared to continuing service with current electricity provider Southern California Company (SCE). CCAs are local, not-for-profit governmental programs that procure electrical power on behalf of its residents, businesses, and governmental entities. The primary objective of a CCA is to give communities a choice in energy providers and provide a way for local governments to offer a greater proportion of renewable energy, thereby reducing GHG emissions. In August and October of 2017, this proposal was presented for consideration to the City Council. Due to the fact that the County was also pursuing a similar joint venture program, the Council elected to wait 0 Community Choice Aggregation February 7, 2018 Page 2 until a study that was being conducted by UCLA, known as the "Luskin Study", was completed, which would evaluate the benefits of these programs. The study has since been completed and will be presented by the proponent of the BPCCA as part of tonight's presentation and summarized in the next section of this report. As previously reported, the Cities of Lancaster, Apple Valley, and Pico Rivera are currently operating CCAs in Southern California Edison territory. The City of Lancaster CCA, called "Lancaster Choice Energy," has been operated by the California Choice Energy Authority (CCEA) since 2015, and the City of Pico Rivera, operating as the "Pico Rivera Innovative Municipal Energy" or "PRIME," joined in September 2017. In addition to Lancaster and Pico Rivera, the City of San Jacinto is an Associate Member of CCEA. San Jacinto completed its technical study and California Public Utilities Commission filings, and is set to launch in April 2018. The city of Rancho Mirage is the forth CCEA Associate Member, launching in May 2018. Palmdale and Santa Monica have also engaged CCEA to perform a CCA technical study. The benefits of establishing a CCA are: 1. City energy revenues: The City of Lancaster is projected to yield $1.4+ in net operating energy revenues from their CCA. These CCA funds have assisted the City of Lancaster in installation of electric metro buses, solar charging stations, economic development incentives sand many other energy projects throughout the City. 2. Control over the energy content: The CCA will provide the City with the opportunity to establish the renewable energy content mix of the City's energy supply. More renewables means lower GHG emissions. 3. Control over energy rates (tariffs): The City will be able to create special energy tariffs for certain industries that can be used as an economic development tool to attract or retain new business to the City. For example, the City can reduce the energy rates for a certain class of energy users/businesses to encourage businesses to relocate to Baldwin Park. To establish a CCA, the City of Baldwin Park will should first conduct a technical study to determine how much energy load the city has and calculate the estimated annual costs and revenues of operating the proposed CCA. The cost of the technical study with the CCEA is $63,000. At the conclusion of the technical study, the City will be prepared to file with the California Public Utilities Commission to establish the City as a Community Choice Aggregate. The initial step of the technical study requires the City to request the aggregate energy data from SCE. Specific non -disclosure and energy request forms are required to be completed and submitted to SCE are attached to this staff report. The feasibility study proposed would provide all of the studies, resolutions, and reports necessary to file with the CPUC to "certify" the Community Choice Aggregation for the City of Baldwin Park. UCLA/"Luskin Study" Findings The City of Santa Monica commissioned a report by the UCLA Luskin Center for Innovation to analyze three CCA alternatives before Santa Monica: to join 1. Los Angeles County Community Choice Energy (LACCE), 2. South Bay Clean Power (SBCP) or 3. California Choice Energy Authority (CCEA). The Community Choice Aggregation February 7, 2018 Page 3 report was released in December 2017. Since Baldwin Park is not considering South Bay Clean Power, we will focus on the findings comparing LACCE and CCEA. In summary, the Luskin Study concludes the greatest difference lies in control and risk. Control: In the LACCE model, Baldwin Park would have one board position, on a board that currently has 27 members (with additional agencies at various stages of consideration) that span both Los Angeles and Ventura counties. The size of the board would result in less decision-making influence for Baldwin Park. In addition, in the LACCE program, revenues that are collected from Baldwin Park customers are collected by SCE and remitted to LACCE along with all other revenues from the other participating cities and counties. By comparison, in the CCEA program, Baldwin Park establishes its own CCA program, and contracts with CCEA for services. It maintains full control of its program (the City Council is the board for the CCA). Revenues paid by customers are collected by SCE and remitted into Baldwin Park's own bank account, for the benefit of Baldwin Park's CCA program. The technical study being recommended will inform the City Council as to the revenue potential of a Baldwin Park CCA. Risk: As a separate legal entity, LACCE provides the greatest protection from risk in operating a CCA for its members. In the CCEA program, since members establish their own CCAs, they do bear some level of operating risk. However, those risks can, and are, mitigated through operating policies, contractual language and following best practices. These are in place for its current operating Associate Members and have proven effective in protecting the cities. The report also discusses a potential reduction in economies of scale in purchase power with CCEA; however, this finding has not yet had any analysis to determine whether this is the case. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Council may choose to not to move forward with the technical study and, therefore, not create a CCA. ATTACHMENTS #1. Southern California Edison Community Choice Aggregator Non -Disclosure Agreement (Form 14- 769) #2. Southern California Edison Community Choice Aggregator Service Declaration (Form 14-770) #3. California Choice Energy Authority Professional Services Agreement #4. Luskin Study (aka, UCLA Report) #5. Resolution No. 2017-202 ATTACHMENT #1 Southern California Edison Community Choice Aggregator Non - Disclosure Agreement (Form 14-769) P� NRI SCH.Pl1II RN Cum qw IIA �° EDISON An ANI%ON INTRNN VONA4 C.1p 1Y Southern California Edison Revised Cal. PUC Sheet No. 57117-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 51040-E (To be inserted by utility) Advice 3243-E Decision 1C15 COMMUNITY CHOICE AGGREGATOR NON -DISCLOSURE AGREEMENT Form 14-769 Issued by R.O. Nichols Senior Vice President Sheet 1 (To be inserted by Cal. PUC) Date Filed Jul 8, 2015 Effective Oct.........20.1.................................. Resolution LSOUTHERN CALIFORNIA DAF E An EDISON INTERNATIONAL Company COMMUNITY CHOICE AGGREGATOR NON -DISCLOSURE AGREEMENT This Non -Disclosure Agreement ("Agreement") is entered into by and between Southern California Edison Company (SCE) ("Utility") and a (T) _ -[describe political entity] Community Choice Aggregator (T) ("CCA") as of . ("Effective Date"). This Agreement is executed pursuant to California Public Utilities Commission ("CPUC") Order Instituted Rulemaking ("OIR") 03-10-003, California Public Utilities Code ("PU Code") Section 366.2 et seq., and applicable Utility tariffs (as modified hereafter from time to time). As used herein the Utility and CCA may each be referred to individually as a "Party" and collectively as (T) "Parties." The CPUC has determined that CCA may obtain specified confidential customer information from Utility pursuant to Tariff Schedules Community Choice Aggregation - (T) Information Fees ("CCA -INFO") and Community Choice Aggregation - Service Fees ("CCA- (T) SF") (as modified hereafter from time to time) as a CCA, as defined by PU Code Section (T) 331.1, solely in order to investigate, pursue or implement Community Choice Aggregation (D) Services pursuant to PU Code Section 366.2, et seq. or solely to administer energy efficiency (N) programs in the CCA's geographic territory upon CPUC authorization pursuant to PU Code (T) section 381.1 ("CCA Service"). The provisions of this Agreement and Schedules CCA -INFO (T) and CCA -SF govern the disclosure of Utility's confidential customer information to CCA (T) ("Disclosure Provisions"). The Parties hereby mutually agree that: Subject to the terms and conditions of this Agreement, current proprietary and confidential information of Utility regarding customers of Utility ("Utility Customers") may be disclosed to CCA from time to time in connection herewith as (D) provided by the Disclosure Provisions and solely for the purpose of CCA Service. (D) Such disclosure is subject to the following legal continuing representations and (T) warranties by CCA: (a) CCA represents and warrants that, pursuant to PU Code Section 331.1, (1) it is either (i) a city, county, or other entity as defined in PU Code Section 331.1 whose governing board has elected to combine the loads of its residents, businesses, and municipal facilities in a community wide electricity buyers, or (ii) a city, county, or other entity as defined in PU (D) Code Section 331.1 that intends to actively investigate or pursue delivery (N) of electric service to customers located within the geographic territory of (T) the CCA; and (2) that to investigate, pursue or implement CCA Service, it (T) requires certain Confidential Information, as defined in Section 2, below; Form No. 14-769 7/2015 Page 1 of 6 (b) CCA represents and warrants that it has all necessary authority to enter into this Agreement, and that it is a binding enforceable Agreement according to its terms; (c) CCA represents and warrants that the authorized representative(s) executing this Agreement is authorized to execute this Agreement on behalf of the CCA; and (d) CCA confirms its understanding that the information of Utility Customers (T) is of a highly sensitive confidential and proprietary nature, and that such information will be used as contemplated under the Disclosure Provisions solely for the purposes of investigating, pursing or implementing CCA (T) Service, and that any other use of the information may permit Utility to suspend providing further information hereunder. (e) CCA represents and warrants that it will implement and maintain (N) reasonable security procedures and practices appropriate to the nature of the information, to protect the Confidential Information from unauthorized access, destruction, use, modification, or disclosure, and prohibits the use of the data for a secondary commercial purpose not related to CCA Service or energy efficiency purposes without the customer's prior consent to that use. (N) 2. The confidential and proprietary information disclosed to CCA in connection (T) herewith may upon request include, without limitation, the following billing (N) information about Utility Customers: Customer -specific information from the current billing periods as well as prior 12 months consisting of: service account number, name on service account, service address with zip code, �I mailing address with zip code, email address, telephone number, meter number, monthly kWh usage, monthly maximum demand where available, electrical or gas consumption data as defined in PU Code Section 8380, other data detailing electricity or needs and patterns of usage, Baseline Zone, CARE participation, End Use Code (Heat Source) Service Voltage, Medical Baseline, Meter Cycle, Bill Cycle, Level Pay Plan and/or other plans, Horse N Power Load and Number of Units and monthly rate schedule for all accounts within the CCA's geographic territory (collectively, "Confidential Information"). (N) Confidential Information shall also include specifically any copies, drafts, revisions, analyses, summaries, extracts, memoranda, reports and other materials prepared by CCA or its representatives that are derived from or based on Confidential Information disclosed by Utility, regardless of the form of media in which it is prepared, recorded or retained. 3. Except for electric usage information provided to CCA pursuant to this Agreement, Confidential Information does not include information that CCA proves (a) was properly in the possession of CCA at the time of disclosure; (b) is or becomes publicly known through no fault of CCA, its employees or representatives; or (c) was independently developed by CCA, its employees or representatives without access to any Confidential Information. 4. From the Effective Date, no portion of the Confidential Information may be disclosed, disseminated or appropriated by CCA, or used for any purpose (T) other thanfor CCA Service as permitted under this Agreement and the Disclosure Provisions. Form No. 14-769 7/2015 Page 2 of 6 5. CCA shall, at all times and in perpetuity, keep the Confidential Information in the strictest confidence and shall take all reasonable measures to prevent unauthorized or improper disclosure or use of Confidential Information. CCA (N) shall implement and maintain reasonable security procedures and practices q appropriate to the nature of the information, to protect the Confidential Information from unauthorized access, destruction, use, modification, or disclosure and prohibits the use of the data for a secondary commercial purpose not related to CCA Service. Specifically, CCA shall restrict access to (N) Confidential Information, and to materials prepared in connection therewith, to those employees or representatives of CCA who have a "need to know" such Confidential Information in the course of their duties with respect to the CCA (T) Service and who agree to be bound by the nondisclosure and confidentiality obligations of this Agreement, provided, however, that, an Energy Service Provider, agent, or any other entity, including entities that provide both direct access (as codified in Assembly Bill No. 1890, Stats. 1996, ch. 854) and CCA (T) Service shall limit their utilization of the information provided to the purposes for which it has been provided and shall not utilize such information, directly or indirectly, in providing other services, including but not limited to Direct Access services, in order to effectuate the obligations of this Agreement. Prior to disclosing any Confidential Information to its employees or representatives, CCA shall require such employees or representatives to whom Confidential Information is to be disclosed to review this Agreement and to agree in writing to be bound by the terms of this Agreement by signing the "Non -Disclosure Agreement for CCA Employees or Representatives" form attached as Exhibit A hereto. CCA shall provide Utility with copies of the signed Exhibit A forms at Utility request. CCA shall also provide Utility with a list of the names, titles, and addresses for all persons or entities to which Confidential Information is disclosed in connection herewith ("Disclosure List"). This Disclosure List shall be updated by CCA on a regular basis, and will be provided to Utility once each quarter at a minimum. 6. CCA shall be liable for the actions of, or any disclosure or use by, its employees or representatives contrary to this Agreement; however, such (T) liability shall not limit or prevent any actions by Utility directly against such employees or representatives for improper disclosure and/or use. In no event shall CCA or its employees or representatives take any actions related to Confidential Information that are inconsistent with holding Confidential Information in strict confidence. CCA shall immediately notify Utility in writing if it becomes aware of the possibility of any misuse or misappropriation of the (T) Confidential Information by CCA or any of its employees or representatives. (T) However, nothing in this Agreement shall obligate Utility to monitor or enforce CCA's compliance with the terms of this Agreement. Form No. 14.769 7/2015 Page 3 of 6 7. CCA shall comply with the consumer protections and requirements concerning (N) subsequent disclosure and use of Confidential Information pursuant to CPUC (N) Decision No. 12-08-045. (N) 8. CCA acknowledges that disclosure or misappropriation of any Confidential (T) Information could cause irreparable harm to Utility and/or Utility Customers, the amount of which may be difficult to assess. Accordingly, CCA hereby (T) confirms that Utility shall be entitled to apply to a court of competent (T) jurisdiction or the CPUC for an injunction, specific performance or such other relief (without posting bond) as may be appropriate in the event of improper disclosure or misuse of its Confidential Information by CCA or its employees or representatives. Such right shall, however, be construed to be in addition (T) to any other remedies available to Utility, in law or equity. 9. In addition to all other remedies, CCA shall indemnify and hold harmless (T) Utility, its affiliates, subsidiaries, parent company, officers, employees, or agents from and against and claims, actions, suits, liabilities, damages, losses, expenses and costs (including reasonable attorneys' fees, costs and disbursements) attributable to actions or non -actions of CCA and/or its employees and/or its representatives in connection with the use or disclosure of Confidential Information. 10. If, at any time, CCA ceases its investigation, pursuit or implementation of community choice aggregation pursuant to PU Code Section 366.2 et seq., CCA shall promptly return or destroy (with written notice to Utility itemizing the materials destroyed) all Confidential Information then in its possession at the request of Utility. Notwithstanding the foregoing, the nondisclosure obligations of this Agreement shall survive any termination of this Agreement. (T) 11. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of the Parties hereto. This Agreement shall not be assigned, however, without the prior written consent of the non -assigning Party, which consent may be withheld due to the confidential nature of the information, data and materials covered. (T) 12. This Agreement sets forth the entire understanding of the Parties with respect to the subject matter hereof, and supersedes all prior discussions, negotiations, understandings, communications, correspondence and representations, whether oral or written. This Agreement shall not be amended, modified or waived except by an instrument in writing, signed by both Parties, and, specifically, shall not be modified or waived by course of performance, course of dealing or usage of trade. Any waiver of a right under this Agreement shall be in writing, but no such writing shall be deemed a subsequent waiver of that right, or any other right or remedy. Form No. 14.769 7/2015 Page 4 of 6 13. This Agreement shall be interpreted and enforced in accordance with the laws (T) of the State of California, without reference to its principles on conflicts of laws. 14. This Agreement shall, at all times, be subject to such changes or modifications (T) by the CPUC as it may from time to time direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Agreement as of the Effective Date. SOUTHERN CALIFORNIA EDISON COMPANY BY: TITLE: [CCA name] BY: TITLE: Form No. 14-769 7/2015 Page 5 of 6 EXHIBIT A NON -DISCLOSURE AGREEMENT FOR CCA EMPLOYEES OR REPRESENTATIVES I, , declare under penalty of perjury that (1) 1 am employed as -(title) at (employer and address); and (2) 1 have personally reviewed the attached COMMUNITY CHOICE AGGREGATOR NOW DISCLOSURE AGREEMENT, relating to disclosure and use of Confidential Information (as defined therein) and I agree to be bound by its provisions. Signed: Print Nam Dated: Form No. 14-769 7/2015 Page 6 of 6 ATTACHMENT #2 Southern California Edison Community Choice Aggregator Service Declaration (Form 14-770) EI[IIII Southern California Edison Revised Cal. PUC Sheet No, 49644-E Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 37970-E** (To be inserted by utility) Advice 2705-E Decision 105 COMMUNITY CHOICE AGGREGATION SERVICE DECLARATION Form 14-770 Issued by Akbarr Jgz eri Vice President Sheet 1 (To be inserted by Cal. PUC) Date Filed Mar 2, 2012 Effective Mav 55, 2012 Resolution DECLARATION BY MAYOR OR CHIEF COUN'rrY ADMINISTRATOR REGARDING URSU'IT OR I 'MPI���MEt "T TT NOFµ "O M UNITY CHOICE AGGREGATION SERVICE I,. ._ I..... _..... — [name], state as follows: 1. I am the mayor or chief administrator and authorized to make this (T) declaration on behalf of [name of city, county or other entity(ies) that may become a community choice aggregator as defined in Public Utilities Code Section 331.1]. (T) (D) 2. I understand that all of the confidential information provided by Southern California Edison Company to _„. (entity named above) is subject to the terms and conditions of the Nondisclosure Agreement between these two entities and is provided for the sole purpose of enabling „ mmITITw�„_ www ITITIT„ (entity named above) to investigate, pursue or implement (T) community choice aggregation under Section 366.2 of the California Public (T) Utilities Code. I declare under penalty of perjury under the laws of the State of California (T) that the foregoing is true and correct. Executed this day of .__...... _...... __._.... (city, state). r [signature] Rev 3/12 Form 14-770 ATTACHMENT #3 California Choice Energy Authority Professional Services Agreement AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into as of February 7, 2018, by and between the City of Baldwin Park, a California municipal corporation ("City"), and the California Choice Energy Authority, a public entity created pursuant to the Joint Exercise of Powers Act (Cal. Gov't. Code § 6500 et seq.) ("CCEA") (City and CCEA are individually referred to as "Party" and collectively "Parties"). RECITALS WHEREAS, City desires to be a Community Choice Aggregator ("CCA"), as defined in Section 331.1 of the California Public Utilities Code, to provide energy to its residents and businesses; and WHEREAS, City desires that CCEA undertake certain implementation support services; and WHEREAS, CCEA desires to facilitate access to the professional, technical and other knowledge and expertise of certain CCEA members, their employees, contractors and/or consultants in connection with the formation of the City's CCA. NOW, THEREFORE, the Parties agree as follows: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated into this Agreement by reference, as though set forth in full herein. 2. D scriritioll of Work. CCEA shall perform or facilitate performance of the services ("Services") set forth in the "Scope of Services and Payment Schedule" attached hereto as Exhibit "A" and incorporated herein by this reference ("Scope of Services"). 3. 0bfi atroils _pf Cit . City shall pay to CCEA an amount not to exceed $63,000 for and in consideration of CCEA's performance of the Services. City shall pay CCEA within thirty (30) days of CCEA submitting an invoice to City. 4. Obligations of CCEA. CCEA shall perform or facilitate performance of the Services. CCEA's Board of Directors, or its designee, shall determine which CCEA employee(s), contractors and/or consultants shall perform the Services. 5. Effective Date. This Agreement shall become effective and binding upon the Parties at such time as all of the signatories hereto have signed the original or a counterpart original of this Agreement ("Effective Date"). 6. Terin,• Termination. The term of this Agreement shall commence as of the Effective Date and expire upon completion of and final payment for the Services, or upon the earlier termination of this Agreement as set forth herein. Either Party may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other Party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, CCEA shall be paid on a prorated basis for Services completed. 7. Indemnification. a. City agrees to indemnify, defend and hold harmless CCEA, its board of directors, officers, employees, members, consultants and members' employees, contractors and/or consultants from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs of investigation and defense, settlement and awards, and attorney's fees, in connection therewith), based or asserted upon any alleged negligent or willful misconduct of City, its officers, employees, agents or representatives, arising out of or in any way relating to this Agreement. b. CCEA agrees to indemnify, defend and hold harmless City from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs of investigation and defense, settlement and awards, and attorney's fees, in connection therewith), based or asserted upon any alleged negligent or willful misconduct of CCEA arising out of or in any way relating to this Agreement or performance of the Services. 8. Force Ma "etire. Notwithstanding the provisions of this section, CCEA shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove CCEA's work promptly, or by reason of delay or faulty performance by City, its contractors, governmental agencies, or Southern California Edison, or by reason of any other delays beyond CCEA's control, or for which CCEA is without fault. ' 9. Ownership of Docuinerrts. All reports, studies and other documents that are prepared by CCEA, its employees, contractors and/or consultants in the course of performing the Services required by this Agreement, and are specific to City's CCA, shall be the property of City upon City satisfying all payment obligations imposed but this Agreement. 10. Data Provided to CCEA. City shall provide to CCEA all data, including reports, records and other information, in City's possession, custody or control, which is reasonably requested by CCEA and which is required to facilitate the timely performance of the Services. 11. Insurance Requirements. a. Prior to CCEA's commencement of any Services, CCEA, at CCEA's own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies: i. General Liability Coverage. CCEA shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) in the aggregate, for bodily injury, personal injury and property damage. CCEA shall provide insurance on an occurrence, not claims -made basis. ii. Automobile Liability Coverage. CCEA shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the CCEA arising out or of in connection with the Services, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and one million dollars (1,000,000) in the aggregate. b. As of the execution of this Agreement, City has reviewed the coverages secured by CCEA from Special District Risk Management Authority and has determined such coverages to be satisfactory to City. CCEA agrees to ensure that the most current certification of coverage is on file with the City at all times during the term of this Agreement. 12. Inde venderit. Contractors Status of CCEA. CCEA shall at all times during the term of this Agreement remain, as to City, a wholly independent contractor and shall perform the services described in this 2 Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither City nor any of its agents shall have control over the conduct of CCEA or any of CCEA's employees or agents, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by City or CCEA or by any third person to create the relationship of principal and agent and CCEA shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. CCEA shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall CCEA have any authority, expressed or implied, to bind City to any obligation whatsoever. 13. Professional Abil.itv of GLEE AA- Warian , :Ii anjiliarit with Work-, Permits and Licenses. a. CCEA warrants that all Services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. b. By executing this Agreement, CCEA warrants that it has thoroughly investigated and considered the work to be performed, investigated the issues regarding the Scope of Services and carefully considered how the work should be performed. C. CCEA represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement. The Parties agree that CCEA shall not be required to obtain a City business license. 14. Notices. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, and addressed as listed below. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. CCEA: Mark Bozigian, Executive Director California Choice Energy Authority c/o City of Lancaster 44933 North Fern Avenue Lancaster, California 93534 City: Shannon Yauchzee, Chief Executive Officer City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 15. Resolution ol` hisrrut. Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. 16. Confidenthilit . All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to CCEA in connection with the performance of this Agreement shall be held confidential by CCEA to the maximum extent permitted by law. Except to the extent that such information constitutes a public record pursuant to the California Public Records Act, such materials shall not, 3 without prior written consent of City, be used by CCEA for any purposes other than the performance of the Services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the Services. Nothing furnished to CCEA which is otherwise known to CCEA or is generally known, or has become known, to the related industry shall be deemed confidential. CCEA shall not use City's insignia or photographs relating to the project for which CCEA's Services are rendered without City's prior written consent. 17. CCEA's Books and Records. CCEA shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at reasonable times during regular business hours, upon written request by City's City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City's address indicated for receipt of notices in this Agreement when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CCEA's address indicated for receipt of notices in this Agreement. 18. Severability. If any provisions of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 19. Amendment. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the Parties. 20. Waiver. No waiver of any provision of this Agreement shall be binding, unless executed in writing by the party making the waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. 21. Governina law and 'venue. This Agreement shall be construed in accordance with the laws of the State of California. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Los Angeles County, California. 22. I.,iti ation Expenses and. Attor�nc� F �x�s. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 23. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. El 24. N Iomn-ILiabili.t y of Officers and E�nrmloyces. No officer or employee of CCEA or City shall be personally liable in the event of any default or breach of the terms of this Agreement. 25. t:: a tions arrrl Ilcrdirr. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. 26."oun,iterN arts. This Agreement may be executed in counterparts by each of the Parties. Each such counterpart shall constitute an original and all such counterparts so executed shall constitute one Agreement, binding upon the Parties, notwithstanding that all of the Parties are or may not be a signatory to the original or the same counterpart. Each counterpart shall have the same force and effect as if all such signatures were contained in one instrument. A facsimile copy shall be considered an original for the purposes of this Agreement. Facsimile or e-mail transmissions shall be deemed effective as originals. 27. No Third Party Beneficiaries. The Parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed. 28. Assianinent and SubconttLactiny. a. The experience, knowledge, capability and reputation of CCEA, its principals and employees were a substantial inducement for City to enter into this Agreement. Assignments of any or all rights, duties or obligations of CCEA under this Agreement will be permitted only with the written consent of City. b. CCEA shall not subcontract any portion of the work to be performed under this Agreement without the written consent of City. If City consents to such subcontract, CCEA shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law. City expressly acknowledges that (i) CCEA is staffed by employees of the City of Lancaster, (ii) CCEA contracts with Pacific Energy Advisors for compiling data, load forecasting and preparation of pro formas and (iii) CCEA contracts with Bayshore Consulting Group Inc. for the preparation of implementation plans. City hereby expressly consents to performance of the Services pursuant to this Agreement by the persons and/or entities identified in the immediately preceding sentence. 29. Princi�p al HIpresentatives. a. Jason Caudle is designated as CCEA's principal representative ("CCEA Principal Representative") and is the person responsible for undertaking, managing and supervising performance of the Services. CCEA Principal Representative's experience, knowledge, capability and reputation are a substantial inducement for City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of CCEA Principal Representative shall not be reassigned, without express written consent of both Parties. b. Shannon Yauchzee, Chief Executive Officer, shall be City's principal representative ("City Principal Representative") for purposes of communicating with CCEA on any matter associated with the performance of the Services set forth in this Agreement. 30. Re wesentations of Parties and Persons Exec Each Party hereby represents that all necessary and appropriate actions of its governing body have been taken to make this Agreement a binding obligation. Each person executing this Agreement warrants that he or she is duly authorized to execute this Agreement on behalf of and bind the Party he or she purports to represent. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] R IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized. CITY: Dated: City of Baldwin Park Baldwin Park, CA ATTEST: Alejandra Avila, City Clerk APPROVED AS TO FORM:.. Robert Tafoya, City Attorney Manual Lozano, Mayor CCEA: Dated: CALIFORNIA CHOICE ENERGY AUTHORITY, a California joint powers authority ATTEST: CCEA Secretary APPROVED AS TO FORM: CCEA General Counsel Mark Bozigian, Executive Director VA EXHIBIT "A" SCOPE OF SERVICES AND PAYMENT SCHEDULE Load Forecasting, Data Analysis, and Pro -forma Development $33,000 Aggregate load data requested from SCE. Once in receipt of the load data, a third party consultant, Pacific Energy Advisors (PEA), will provide the technical expertise to analyze the data, determine a load profile, estimate total usage, compare that to current market conditions, and prepare a pro -forma. Note that this is the initial pro -forma to submit in the Implementation Plan and only provides an estimate. The CCA cannot get the detailed load data from SCE until the Implementation Plan is certified by the CPUC. Preparation of the Implementation Plan, Ordinance and Statement of Intent to Form a CCA $20,000 An Implementation Plan and Ordinance must be prepared and adopted declaring a city's intent to form a CCA. This is a relatively straightforward process and does not commit Baldwin Park to any risk. The Implementation Plan will identify specific duties, address how Baldwin Park will interface with consultants and other third parties, and develop organizational structures which outline the operational functions and duties. This phase also includes incorporating and synthesizing all information created and obtained, and preparing the final Implementation Plan to be reviewed and approved by your City Council and thereafter submitted to the CPUC. Again, note that when approved, Baldwin Park still has no obligation to procure, sell or deliver energy. As with all Ordinances, it requires a public hearing with two readings. The ordinance is non-specific to the price, terms and operations of the CCA. Proposal includes attendance at meetings with staff, City Council Study Sessions and City Council meetings as needed for a successful outcome. Administrative Support $10,000 CCEA staff support throughout the formation process including interfacing with Southern California Edison, Public Utilities Commission and technical consultants, coordination of meetings with staff and City Council, maintaining project schedule and ensuring that all deliverables are met according to CCA launch timeline. Total Costs for Formation Work .... . . . ...................:... , .......... , , .... , ........... , ............ $63,000.00 ATTACHMENT #4 Luskin Study (aka, UCLA Report) , LA Luskin 5chonlr,fPuhlic A Luskin, Center December 2017 Table of Contents EXECUTIVE SUMMARY ...................».»»...»»»»»»,,.........., ........... ____ »..... __ 3 EvaluativeCriteria ..... .......».»,.»,.........,,»»,..»..».,».................................... 3 OverarchingConsiderations,,....,.,,»........................................................... 4 An Assessment of the Options.................................................................... 5 CHAPTER 1: INTRODUCTION-- — ..... ........... ............. - 7 CHAPTER 2: STATUS OF EACH OPTION ....... ....».......w.,.....,,,, M»»,,., .................... 10 2.1 Overview ................................. .......w.,,,,, ......... .,,,,.,,..,,...»,.,........... -_. 10 2.2 Timelines and Operational Readiness...................................................... 13 2.3 Start and Termination Processes .......»..w..,. .................. ................... 14 CHAPTER 3: GOVERNANCE............................................................................ 16 3.1 Decision -Making Process................................»....w..,.,,,,,,,,,,,.,..........,,.... 16 3.2 Reflecting Local Preferences.................................................................. 20 CHAPTER 4: ENERGY PROCUREMENT ............w,.». ............ ,..».............................. 22 4.1 Power Content and Rate Comparison...................................................... 22 4.2 Category 3 Renewable Energy Certificates .............................................. 24 4.3 Exploring the 100% Renewable Option ......,,» ......................»„».........,,,,»,. 25 4.4 Energy Services and Third -Party Contracts ....................»,,,,,,,,,,..,............ 26 CHAPTER 5: ECONOMICS AND FINANCE ............ .................. ,,.,,,.,.,,............... . 31 5.1 Startup Costs ..... .......... ......... .............................................. .,,.......,,,.... 31 5.2 Economies of Scale in Operating Costs..................,,,.a»....,,.,.......,.....,....... 33 5.3 Local Program Financing ..............................,,.,.......,,....,,.,,,,....»...,,, 35 CHAPTER 6: FUTURE CHALLENGES................................................................. 37 6.1 Legislative Risks rr,.,. W.................w,..w..,n,.,.»».,..,»».,,.,,,.,....,,..,..............,.»» 37 6.2 Regulatory Risks: PCIA......................................................................... 39 6.3 Market Force Risks .............. ............. .................................... __......,W.., 41 CHAPTER 7: CONCLUSION..............»..,,.,...,.........,,,..,,,,,..,.,..............,,,.,*...,,. 46 0 UCLA Luskin Center for Innovation Dr. J.R. DeShazo, principal investigator, co-author, and center director; Julien Gattaciecca, co-author and project manager; and Kelly Trumbull, co-author and researcher We would like to thank Garrett Wong and Ariana Vito of the City of Santa Monica for commissioning this report. We also wish to acknowledge contributions from staff with the three community choice aggregator alternatives focused on in this report. Specifically, the following dedicated individuals generously contributed their time to review the report and provide data and information essential to our analysis: Gary Gero and Bill Carnahan from Los Angeles Community Choice Energy (LACCE) along with LACCE consultants Gary Saleba and Anne Falcon from EES Consulting; Samuel Golding from Community Choice Partners, representing South Bay Clean Power; and Patti Garibay and Barbara Boswell from California Choice Energy Authority (CCEA) along with CCEA consultants John Dalessi and Brian Goldstein from Pacific Energy Advisors Inc. We also thank representatives from existing CCAs, including Katherine Hernandez from Pico Rivera Innovative Municipal Energy, and Amy Butte, member of the Santa Monica Task Force. Finally, we would like to thank our colleagues at the Luskin Center for Innovation: Colleen Callahan for reviewing and editing the report, and Christian Zarate for the report design and layout. The UCLA Luskin Center for Innovation appreciates the contributions of the aforementioned individuals. This paper, however, does not necessarily reflect their views nor is an endorsement of its findings. Any errors are those of the authors. Contact: jg i sa i , )luskin.ucla.edu or ktrurrrbull klskinucla.edu. UCLA Luskin Center for Innovation: www. innovation, ILb kirl..!ucla ed.u. December 2017 by the Regents of the University of California, Los Angeles. All rights reserved. Printed in the United States. N Community choice aggregators (CCAs) are a new type of retail electricity provider that allows cities or counties to make decisions about what kinds of energy resources in which to invest in for themselves rather than relying on traditional investor-owned utilities. Since 2010, California communities have established nine CCAs. Additionally, over a dozen communities are actively exploring CCA options. Multiple CCA models have arisen out of this rapid growth. The City of Santa Monica commissioned this report by the UCLA Luskin Center for Innovation as an analysis of the following three CCA options that the City is considering: Join Los Angeles Community Choice Energy (LACCE), a Los Angeles County- wide CCA composed of all unincorporated areas and any city that wishes to join a larger, regional CCA effort; Initiate South Bay Clean Power (SBCP), a CCA designed for a group of South Bay and Westside Cities; or Create a single -city CCA through the services of California Choice Energy Authority (CCEA), which pools services for multiple single -city CCAs. Despite the Santa Monica focus of this report, the analysis may be relevant to other cities exploring similar options. For readers less familiar with CCAs, their status in California, and the opportunities and challenges they face, an earlier report by the UCLA Luskin Center for Innovation could provide a helpful introduction; see footnote.' As a progressive community, the City of Santa Monica has ambitious environmental goals that involve decarbonization, green electricity, and local energy programs such as distributed energy generation, battery storage, electric vehicles, charging stations, energy efficiency, and demand response programs. With this in mind, the UCLA Luskin Center for Innovation compared all three CCA options using the following evaluative criteria that reflect the City's goals: Which CCA structure gives the most authority to Santa Monica to make decisions to achieve its environmental goals? Which option provides the most resilient structure to protect against future legislative, regulatory, and competition risks? Which option offers the greatest economies of scale that would support future opportunities? 1 UCLA Luskin Center for Innovation (2017). The Promises and Challenges of Community Choice Aggregation in California. i"i_lL(ll.td4 "a a c1 IL gLcAnY 9"�'livQs--and -Ia california-0 3 The UCLA Luskin Center for Innovation identifies the following set of major considerations and tradeoffs to assist Santa Monica in its decision-making process. Operational Readiness An important practical consideration is the operational readiness associated with each option. LACCE is operationally ready and plans to launch in February 2018. SBCP is at an earlier, conceptual stage and will require significant effort and resources to become operational. CCEA recently provided Santa Monica with its feasibility study, the first step that would allow Santa Monica to form a single -city CCA through CCEA. Santa Monica could possibly launch its CCA in July 2018, provided some staff time and upfront costs from the City. Autonomy versus Economies of Scale Generally, an individual city's vote share will reduce as more members join their CCA. Chapter 2 of this report analyzes the potential dilution of Santa Monica's vote under different membership scenarios for LACCE and SSCP. Although LACCE members differ in size, all decisions will need a majority to pass and no one member could overturn any decision made by a simple majority. Weighted votes are unlikely based on the experience of existing multi -member CCAs, which tend to have very collaborative decision-making processes with ample time for discussion prior to a vote. Alternatively, larger CCAs do benefit from economies of scale in operating costs, as illustrated in Chapter 3. Therefore, Santa Monica may consider the tradeoffs between lower amounts of direct influence versus greater cost competitiveness. Yet economies of scale and autonomy are not necessarily mutually exclusive. Much will depend on the design and policies set by the CCA. Finally, larger CCA options could offer Santa Monica the ability to form coalitions with other likeminded member cities and influence the strategy and direction of the entire CCA. Market Competitiveness and Resiliency Chapter 6 of this report discusses specific regulatory, legislative, and market risks that CCAs may face in the future. We compare each option's risk management strategies and put them in perspective with comments we received from several industry specialists. General recommendations by each entity typically include establishing rate stabilization funds, paying off loans quickly, and actively participating with other CCAs in regulatory and legislative discussion at the state level. Planning ahead to mitigate risks is critical in an increasingly competitive electricity retail market. Our discussions with industry experts have emphasized the importance of a CCA achieving financial solvency as quickly as possible. From this financial perspective, there are potential benefits of being a member of a larger CCA. With a El likely greater competition and a more challenging energy market in the future, energy industry experts believe that being part of a larger CCA can offer competitive advantages when it comes to financing, contracting, and long-term energy procurement. Advanced Technical and Managerial Capacities Industry experts also recommend that Santa Monica consider the technical and managerial capacities of staff, consultants and vendors associated with each option, and their ability to integrate new, innovative strategies. An example of an innovative strategy is the horizontal integration of energy services for more efficient risk management, as recommended by the SBCP draft business plan. Since this type of advanced capacities is a recent development among CCAs, we have not yet been able to be evaluate costs and benefits in practice. However, we describe the importance of new capacities and include some suggestions from industry experts. An Assessment of the Options The following is our summarized assessment of Santa Monica's three options. Los Angeles Community Choice Energy will be a relatively large CCA with member cities across Los Angeles County. This may mean less influence for Santa Monica, in terms of its direct vote. However, this option could also provide the City with the greatest economies of scale and potential financial stability. LACCE's large size and associated financial capabilities probably best position Santa Monica to meet ambitious renewable energy and other environmental goals by avoiding long-term risks. Its county -wide membership also offers member cities the opportunity to collaborate, share resources, and potentially amplify their impact at local, regional, and state levels. As potentially the largest CCA in California, LACCE could have a strong voice on important legislative and regulatory discussions that lay ahead. South Bay Clean Power has become more a set of recommendations than an operationally ready option. SBCP's business plan includes innovative, sophisticated strategies for a next generation CCA, which others outside of SBCP could adopt. With no other currently committed members (some of the cities included in its feasibility study have since joined LACCE), SBCP would very likely be smaller than LACCE. This means that Santa Monica could have greater influence in decisions made by this CCA compared to LACCE, but would benefit from fewer economies of scale. In order to pursue this option Santa Monica may have to take the lead in creating it. California Choice Energy Authority's business model allows for members cities to have full autonomy over many important decisions such as rates, power mixes and local program investments. The City would also have to approve any long-term energy procurement contracts. However, some uncertainty remains regarding the amount of power the City would have over decisions taken by the CCEA's board regarding the approval of new members and the choice of third -party contractors for energy procurement, scheduling operations, and data management. While CCEA staff have pledged to do their best to reflect the City's policy decisions and environmental goals, it may not be realistic to expect CCEA to change its approach to energy procurement and services based on one individual member's request. Additionally, Santa Monica would likely not benefit from the economies of scale offered by a greater CCA. 1.1 The proliferation of CCAs across California has been exponential. As the figure below demonstrates, the state went from one CCA launch per year in 2014 and 2015, to two CCAs launches in 2016, four in 2017, and an expected eight in 2018. With the successful track record and differing business models of existing CCAs, municipalities now have the choice between several CCA alternatives. SCP CPSF SVCE RCEA B? MCE LCE PCE AVCE PRIME Erv�Figure made by the UCLA Luskin Center for Innovation. The above acronyms from left to right are defined as follows: MCE, Marin Clean Energy; SCP, Sonoma Clean Power, LCE, Lancaster Choice Energy; CPSF, Clean Power San Francisco; PCE, Peninsula Clean Energy; SVCE, Silicon Valley Clean Energy; AVCS, Apple Valley Choice Energy; RCEA, Redwood Coast Energy Authority; and PRIME, Pico Rivera Innovative Municipal Energy. As each community has unique local needs and preferences, there is no CCA design that is universally ideal for every city and county across the state. With multiple proven cases of successful CCAs, the City of Santa Monica is naturally questioning which of the three available CCA options to pursue for the benefit of their residents: • Join Los Angeles Community Choice Energy (LACCE), a Los Angeles County- wide CCA composed of all unincorporated areas and any city that wishes to join a larger, regional CCA effort; • Initiate South Bay Clean Power (SBCP), a CCA designed for a group of cites in the South Bay and Westside sub -regions of Los Angeles County; or • Create a single -city CCA through the California Choice Energy Authority (CCEA), which pools services for multiple single -city CCAs. Currently, Santa Monica (and most of the rest of Los Angeles County) receives electricity service from Southern California Edison (SCE), an investor-owned utility. Regardless of which CCA option Santa Monica chooses, they would continue to receive 7 transmission, delivery, and billing services from SCE. A CCA gives Santa Monica the opportunity to buy energy on behalf of its residents and, as a non-profit, to reinvest revenues from the program back into the community. Santa Monica has goals to achieve the highest percentage of renewables as soon as possible and to utilize the CCA's position and funds to support decarbonization and local energy programs such as distributed energy generation, battery storage systems, energy efficiency, demand response programs, and the electrification of its transportation system. Santa Monica has already specified a variety of environmental targets including: • Installing 300 public electric vehicle charging stations by 2022; • Reducing energy use in existing buildings by 50% by 2035; • Implementing a Community Energy Challenge program by 2035; • And achieving carbon neutrality potentially by 2050. This report evaluates the potential risks and benefits of the options, including how each could help Santa Monica achieve its stated goals, maintain a leadership role in the governance of the CCA, and minimize financial risks. In order to conduct this analysis for the City of Santa Monica, researchers with the UCLA Luskin Center for Innovation reviewed all relevant documents available and interviewed stakeholders and representatives of the three CCA options, as well as their consultants. We compared their recommendations, financial strategies and business plans, and discussed key elements with staff of existing CCAs as well as industry experts in energy procurement, regulatory and legal affairs, data management and billing. Chapter 2 provides the status and operational readiness of each option, the launch timelines, and the start and termination processes of each option. Chapter 3 discusses which CCA governance best provides Santa Monica with decision- making autonomy to achieve its environmental goals and better reflects its local preferences. We provide an analysis of Santa Monica's weighted vote share based on different membership scenarios. Chapter 4 examines the energy procurement strategy suggested by each option. While many decisions regarding power procurement have yet to be made by each option, we look at their estimated power content and forecasted rates. This report also looks at the energy policies suggested, including the use of unbundled Renewable Energy Certificates (Category 3), as well as the opportunity to enroll all of the City's customers into the 100% renewable product. Chapter 5 assesses how each option may impact Santa Monica's financial obligations in regard to startup and operating costs. We also compare each option's financial strategy with existing CCAs' financial reports to quantify the economies of scale. Finally, we look at each option's suggestions to support and finance the implementation of local energy programs. As it is important to consider the CCA's ability to provide benefits in the long term, chapter 6 identifies possible future legislative, regulatory, and market force risks that could decrease CCAs' competitiveness, and compares each option's mitigation strategies. We conclude by summarizing the strengths and tradeoffs of each option. 0 op� i Los Angeles Community Choice Energy A motion by Supervisors Knabe and Kuehl in 2015 initiated the creation of Los Angeles Community Choice Energy (LACCE). The County Office of Sustainability, within the Los Angeles County Internal Services Department, took the lead in developing this CCA and now has a leading role in the implementation of this CCA. LACCE is a joint powers authority (JPA) composed of member cities and the unincorporated areas of Los Angeles County. LACCE has published its business plan, business plan update, implementation plan, and joint powers authority agreement.2 According to LACCE representatives, as of December 1, 2017 members include: • Unincorporated Los Angeles County • Alhambra • Calabasas • Carson • Claremont • Downey • Rolling Hills Estates • Sierra Madre South Pasadena • West Hollywood Three cities (Agoura Hills, Beverly Hills, and Culver City) have adopted the first reading of the ordinance and have scheduled a second reading. Five other cities have scheduled a first reading of the ordinance (Hawthorne, Manhattan Beach, Paramount, Redondo Beach, and West Covina). At least seven other cities are considering joining LACCE. 2LACCE (2016). "County of Los Angeles Community Choice Energy Business Plan." 1a1, :=1 a d� . .�?.(.ymcl v furs spas'tlC.1 b� Lllk l�F ?/ ?�Jf tuu(1 1f ✓a V y,p hf.; LACCE (2017). "Los Angeles Community Choice Energy Business Plan Update." i idptattk fib, tl_f3 Q J.,. glf ; LACCE (2017). "Los Angeles Community Choice Energy (LACCE) Community Choice Aggregation Implementation Plan and Statement of Intent." illtylLJ� f "i`a t a , 9 m w�g�lmaq,7 1, ?Cll 1 L ,r r �''-d)—df; LACCE. "Los Angeles Community Choice Energy Authority Joint Powers Agreement." h t P f� ,,Q ,��76��c�� G��m, �� 1 I.p�SG' 10 South Bay Clean Power The non-profit organization South Bay Los Angeles 350 Climate Action Group initiated the development of the South Bay Clean Power Initiative (SBCP) in 2014. SBCP is designed to be a joint powers authority (JPA) formed of several South Bay and Westside cities. SBCP proposes a "Regional JPA" be formed by multiple CCAs, which would provide its members with the economic advantage of pooling energy services while maintaining some autonomy. SBCP has published its draft business plan, financial strategy, and draft joint powers authority agreement.3 14 cities passed resolutions to be included in the SBCP draft business plan:4 • Beverly Hills • Carson • Culver City • Hermosa Beach • Lomita • Malibu • Manhattan Beach • Palos Verdes Estates • Rancho Palos Verdes • Redondo Beach • Rolling Hills Estates • Santa Monica • Torrance • West Hollywood As of October 2017, two of those cities (Rolling Hills Estates and West Hollywood) have since joined LACCE. Six of those cities are currently considering joining LACCE. No cities have officially joined SBCP yet. California Choice Energy Authority The City of Lancaster's City Council established the California Choice Energy Authority (CCEA) in 2012 as a joint powers authority (JPA) designed to support the formation of other single -city CCAs. Forming a single -city CCA through CCEA is slightly different than other single -city CCAs currently in existence in California such as Clean Power San Francisco and the Town of Apple Valley. CCEA calls itself a "hybrid JPA", where 3St.)Cp (2017). "South Bay 0ean Power Draft BLJSi n ss Plan."' tlut g.. g..l rr�vs cs atiak'8utl� 4'Y. I.w . rcJpsa,d cc Aa1 ' ..(k �° 7/ l r a r st_��lslA"u R rWtl 9:Pu;� .F ht L' 7171 df, SBCP (2017), ,,Plpiandal Strategy., loj .9,1 � u G;d y �tn�r31 t11 ilRl��1_Pc�f� drill SBCP. "Draft 7P Wftp.. ,,/& Ml—lii mt o—o—l,64Y_.,(ioM 20.1 19BYNIS$...5i), culitesi rJaad de—mng_Ld . 4 South Bay Clean Power (2017). "Our Cities. ht1.,grnh.lKye��.� 11 some decision-making autonomy is delegated to the city council of the participating city while the JPA board is governed by the Lancaster City Council.5 Because CCEA already exists, there are fewer steps required compared to initiating a new single - city CCA. CCEA provided the City of Santa Monica with a draft feasibility study and its JPA agreement in November 2017.6 Currently, CCEA has four members: • Lancaster • Pico Rivera • San Jacinto • Rancho Mirage 5 California Choice Energy Authority (2017). "About CCEA." p�tt:�p�w „�rrJj� air r,�C 6ky..�„kruiC 6 CCEA (2017). "City of Santa Monica. Community Choice Aggregation Technical Study: Summary of Results"; CCEA (2012). "Joint Exercise of Powers Agreement Relating to the California Clean Energy Authority." 12 LACCE is the most operationally ready option as it submitted its implementation plan to the CPUC and is awaiting certification .7 LACCE is expecting to begin serving all county municipal accounts beginning in February 2018 (during what is referred to as phase 1).8 All municipal, commercial, and industrial customers will be enrolled by June 2018 (phase 2), with all remaining customers, including residential customers, enrolled by December 2018 (phase 3).9 SBCP originally targeted a June 2018 launch date with a three-step phase-in. Primarily non-residential customers (composing approximately 28% of the load) were to be enrolled in June 2018 (phase 1). Residential customers (21% of the load) would be enrolled in October 2018 (phase 2), with the remaining non-residential customers (51% of the load) enrolled in June of 2019 (phase 3).10 Because no cities have initiated SBCP yet, it has become more a set of recommendations than an operationally ready option and it is unlikely that this CCA would be ready by its original targeted launch date. CCEA estimates that Santa Monica could launch a single -city CCA in July 2018, given that Santa Monica initiates the necessary startup." 7 LACCE (2017). "LACCE Community Choice Aggregation Implementation Plan and Statement of Intent." Page 1, 8 LACCE (2017). "Regular Meeting of the Board of Directors of the Los Angeles Community Choice Energy Authority." 6i?Irs t'wrtr @?o �1=.cica.lfN1.9la:s�.1.lailluL� F{C Ila;d]Crcf'tli�, '4IGicn s.`La:?lR➢��sr.<��aauu.Sl'.g`��.g:. 9 LACCE (2017). "LACCE Community Choice Aggregation Implementation Plan and Statement of Intent." Page 15. 10 SBCP (2017). "Financial Strategy." Page 20. 11 CCEA (2017). "City of Santa Monica. Community Choice Aggregation Technical Study; Summary of Results." Page 14. 13 The figure below illustrates the proposed implementation timeline of each option. Business Plan Implementation Phase 1 PPII Kasc, 2. illmra• 3 Plan and Launch i auunch Launch Statement of SBCP Intent * .,...,.,.. ., ..... . , „ , ,... . , , ......... 11 11 1 1 11... , -- Business Plan Impluairinent.aulloirn y'k'@"u q PianamiI Oq�a=+s G Phase Statement of Launch Launch Launch liateint: 1 CCEA Feasibility Study Implementation I"ualll Plan and Launch Statement of Intent iarr Arte;: The bold text indicates actions that have taken place as of the writing of this report and the lighter texts indicate actions proposed by each option that have not taken place yet. Start Process To officially join any of the CCA options, Santa Monica would need to adopt an ordinance and execute the respective JPA agreement. If Santa Monica wishes to join LACCE, the City Council would need to adopt an ordinance prior to the deadline established by LACCE's JPA: December 27, 2017. While joining the CCA after that date is possible, the exact fees and timeline associated with joining after that date are uncertain at this time and would later be decided by LACCE's JPA board. The formation of SBCP is contingent upon a city taking the lead in initiating this CCA. SBCP's draft JPA agreement states that "at least three Initial Participants" need to adopt an ordinance prior to the effective date of the JPA.13 As no cities to date have taken the lead on initiating SBCP or guaranteeing the startup funding, the responsibility of doing so would fall on Santa Monica. If Santa Monica wishes to form 12 Figure created by the Luskin Center for Innovation in November 2017. Timeline data from each entity's business plan or feasibility study. 13 SBCP. "Draft JPA." Section 2.1. 14 a single -city CCA through CCEA, they would need to follow the six-month implementation timeline for all necessary startup activities as advised by the feasibility study. Termination Process LACCE and SBCP offer the ability to withdraw from the JPA similarly by giving six months' notice. In the event that power contracts had been entered into on the City's behalf, Santa Monica would be responsible for any costs incurred from the re -sale of this excess contracted power. Such a policy is standard among existing CCAs in order to prevent remaining customers from bearing the cost of departing cities. If too many members terminate a JPA or if too many residents opt -out, the CCA may need to mutually terminate and return customers to Southern California Edison (SCE). Through CCEA, Santa Monica would not be able to exit the JPA until the expiration of the longest power contract.14 While unlikely, there could be future political or financial changes that impact a member city's ability or willingness to remain with a CCA. To date, no cities have left or terminated CCAs in California. is CCEA. "First Amendment to the Joint Exercise of Powers Agreement Relating to the California Clean Energy Authority." Section 12. 15 Distribution of Power between Board Members and the JPA Each option offers Santa Monica varying levels of autonomy and involvement in the decision-making process. All three options are governed by their respective Joint Powers Authority (JPA) board. LACCE and SBCP's boards are composed of one voting director from each member city or county. CCEA has a different approach where they delegate full autonomy to members for most decisions such as but not limited to rates, power mixes, and local energy programs. However, the JPA board is solely composed of Lancaster City Councilmembers. Consequently, associate JPA members do not have a right to vote on certain decisions that rest with the JPA board, including the approval of new members. The table below presents how decision-making power would be distributed between the stakeholders that compose each CCA, and can be divided into three categories: decisions made by the individual members autonomously; decisions made collectively through votes by member.cities; and decisions made independent of member cities. 16 Rate setting. . ...Programs content productPower Default Rate setting ..• Decisions made Local programs•. Power content.... collectively Power procurement votes by Approvingthrough additionalmember cities cities ... .. third-partiesmember Contracts with ... None ... 16 Veto and Weighted Vote Most decisions made by the LACCE and SBCP boards require the approval of the simple majority of board members that are present during the meeting. However, if members disagree with an affirmative decision, they have the right to call a weighted vote, where each member's share of the vote is based on their size. LACCE requires at least three members to call a weighted vote, which is calculated based on each members' load, while SBCP only requires one member to call a weighted vote, which is calculated based on members' revenues. Figure 3 illustrates the voting process for LACCE and SBCP. It is important to note that similar voting systems are also used by other existing CCAs. Discussions with existing CCAs have revealed that decisions are usually discussed at length prior to a vote. While there is not always full consensus of members prior to a vote, weighted votes have very rarely been called. Reaching consensus would probably be easier for SBCP as its founding members are likely to share the same vision and the same goals. On the other hand, with a county as large and heterogeneous as the Los Angeles County, a consensus could potentially be harder to reach by LACCE. 17 The figure below illustrates the number of city and county members on all existing and potential CCAs with a multi -member JPA board. 30 25 20 15 10 5 0 ,,- . . �, ►;1111111 RCEA SCP SVCE SBCP PCE LACCE MCE Fig L ag rµr,c Solid bars (for RCEA, SCP, SVCS, PCE, and MCE) illustrate the current number of member cities and counties on existing CCA boards. Lined bars (for SSCP and LACCE) show potential membership. LACCE's membership scenario includes all cities currently considering this option. SBCP's membership scenario includes all cities that are in the original feasibility study, excluding those that have since joined LACCE, Single -city CCAs are not included in this figure as they do not have JPA boards with multiple members and are instead typically governed by their respective city councils. Weight Depending on Membership Scenarios We examine Santa Monica's share of the weighted vote under different potential membership scenarios to understand their influence in the event of an extreme case where a weighted vote is called. Table 2 shows that Santa Monica's weighted vote share, based on load share, would potentially vary between 7% and 11% should the City decide to join LACCE. Table 3 illustrates that Santa Monica's weighted vote share could potentially vary between 27% and 32%, if the City decides to form SBCP, resulting in the City having more control over collective decisions. 15 Figure created by the UCLA Luskin Center for Innovation in November 2017. Membership data from each entity's website. Table 2. Santa Monica's Load Share within LACCE16 Table 2 note: Scenario 1 includes cities that have officially joined LACCE as of December 1, 2017, Scenario 2 also includes all cities that have scheduled a first or a second reading of the ordinance. Scenario 3 includes all cities currently considering LACCE. 16 Status of members provided by LACCE. Share of vote estimated based on load data provided by the LA Energy Atlas. L �www.erl , 19 0"10,24, W, i iiid l < ..., /O/%��/ �/ a///ii / �I� /�rr / i sof. ,ir /�i r�'/���/1/� Unincorporated LA Cou ���,/ r/ Carson Carson ..................... Santa Monica Santa Monka Santa Monka Downey -- - — - - ------- Beverly Hills Beverly Hills Alhambra Downey Downey E West Hollywood West Covina West Covina Calabasas Manhattan Beach - Claremont Hawthorne Now," -11 11 Pasadena""—...... Culver City Hawthorne . . . . .................. . . Sierra Ma•I 1 bra Culver City Rolling 1west Hollywood I Alhambra Redondo Beach Arcadia _�aramount West Hollywood i Redondo Beach Covina Paramount South Pasadena Palos Verdes Estates — . . . ........ Sierra Madre 'j)�i ........... ... . . . Rollin Is Estates La Puente South Pasadena Palos Verdes Estates Sierra Madre Estates Table 2 note: Scenario 1 includes cities that have officially joined LACCE as of December 1, 2017, Scenario 2 also includes all cities that have scheduled a first or a second reading of the ordinance. Scenario 3 includes all cities currently considering LACCE. 16 Status of members provided by LACCE. Share of vote estimated based on load data provided by the LA Energy Atlas. L �www.erl , 19 Table 3. SantaMonica's Load Share within SBCp17 Table 3 note: Scenario 1 includes all cities that were included in SBCP's original feasibility study that have not scheduled a reading of the ordinance to join LACCE as of December 1, 2017. Scenario 2 includes all original SBCP cities that have not scheduled a second reading of the ordinance. Scenario 3 includes all original SBCP cities for illustration. Because Los Angeles County is made of heterogeneous communities, a big CCA with many diverse members is likely to have a broader variety of energy policy priorities compared to a more homogeneous CCA or a single -city CCA. Some member cities might focus on rates while others are likely to focus on environmental goals and local programs. One of the most important goals of forming a CCA is to reflect community preferences. It is therefore important to understand how each option will allow the city of Santa Monica to appropriately represent its residents' interests. LACCE offers Santa Monica the least power over collective decisions if a weighted vote is called. However, if other likeminded cities join, it is likely to see some cities forming an alliance to influence decisions made at the CCA level. This could increase Santa Monica's regional impact. Moreover, it is important to keep in mind that weighted votes to veto decisions have rarely been used by existing CCAs to date in California. Additionally, LACCE plans to establish a community advisory committee. LACCE staff have recognized the desire for members to reflect local preferences. Since those preferences may not always align with other members, Bill Carnahan, 17 Share of vote based on estimates from SBCP i7@;t������d�hi�,y„;4��r�t�� ra:¢apd�j�a+at_LL.�ar�1,,.!. OR i / Torrance Santa Monka Santa Monka,•Carson RedondoMalibu Beach Santa Monka Hermosa Beach Malibu Beverly Hills Lomita aManhattan BeachCulver City,.. Verdes Estates Hermosa Beach Lomita RedondoPalos Beach Verdes Estates--, Malibu Manhattan Beach PalosPalos ! Hermosa Beach Lomita Table 3 note: Scenario 1 includes all cities that were included in SBCP's original feasibility study that have not scheduled a reading of the ordinance to join LACCE as of December 1, 2017. Scenario 2 includes all original SBCP cities that have not scheduled a second reading of the ordinance. Scenario 3 includes all original SBCP cities for illustration. Because Los Angeles County is made of heterogeneous communities, a big CCA with many diverse members is likely to have a broader variety of energy policy priorities compared to a more homogeneous CCA or a single -city CCA. Some member cities might focus on rates while others are likely to focus on environmental goals and local programs. One of the most important goals of forming a CCA is to reflect community preferences. It is therefore important to understand how each option will allow the city of Santa Monica to appropriately represent its residents' interests. LACCE offers Santa Monica the least power over collective decisions if a weighted vote is called. However, if other likeminded cities join, it is likely to see some cities forming an alliance to influence decisions made at the CCA level. This could increase Santa Monica's regional impact. Moreover, it is important to keep in mind that weighted votes to veto decisions have rarely been used by existing CCAs to date in California. Additionally, LACCE plans to establish a community advisory committee. LACCE staff have recognized the desire for members to reflect local preferences. Since those preferences may not always align with other members, Bill Carnahan, 17 Share of vote based on estimates from SBCP i7@;t������d�hi�,y„;4��r�t�� ra:¢apd�j�a+at_LL.�ar�1,,.!. OR the interim executive director of LACCE and former executive director of Southern California Public Power Authority, has suggested a "cafeteria style" approach, where each member can decide which programs they want to participate in, finance, and benefit from. SBCP could be formed by cities with similar visions, goals, and energy policy priorities, which would limit the risk of disagreement. Additionally, Santa Monica is likely to have more weight over decisions in both the simple and the weighted vote due to the likely smaller membership compared to LACCE. Finally, SBCP also recommends the establishment of a community advisory committee and recommends that a representative from this community has a non-voting seat on the JPA Board. With CCEA, the Santa Monica City Council would have full decision-making autonomy to reflect its community preferences through rates, power mixes, and investments in local energy programs. However, Santa Monica would not have a formal voting right in a few other types of decisions where authority rests with CCEA's JPA board governed by the Lancaster City Council: decisions regarding contracting with third parties for services (including approving consultants for energy procurement) and approving new associate members. Approval from an official representative from Santa Monica is required before CCEA can enter into energy procurement contracts longer than five years. Due to the design of CCEA, Santa Monica should not be negatively impacted by additional joining members. 21 P, This section compares the potential electricity products and rates that could be offered by each option according to their published documents. However, it is important to remember that this comparison only looks at each option's forecasts and estimations. Each option uses different methodologies and assumptions to forecast rates for their respective CCA and for SCE's rates. Ultimately, this comparison is hypothetical and much remains uncertain. Rates will be affected by future energy market prices, the policy decisions taken by the respective boards regarding the energy procurement strategy and portfolio content, as well as the decisions made by each CCA's general manager. We believe that while competitive rates are a crucial element, most CCAs in California have been successful through their innovative approaches, greener electricity, and local -level management. LACCE suggests to offer customers three products to choose from: a base product, a 50% renewable energy product, and a 100% renewable energy product. The base product will at a minimum always meet the state Renewables Portfolio Standard (RPS) requirement (33% in 2020). According to recent discussions with LACCE staff, their base product is will likely be greener than the base product originally described in their business plan in order to compete with SCE's aggressive 2020 procurement. Currently, SCE has 41.4% renewable energy under contract for 2020.18 LACCE's business plan does not report the percent of carbon free electricity. Santa Monica can determine which of the three products to enroll its residents in by default (although customers can always opt into a different product offered).19 SBCP's power mixes have not yet been determined. The JPA board would have to design and vote on the different products offered to ratepayers and whether or not a member can enroll by default its residents into a greener product. In their financial strategy, SBCP presents four illustrative scenarios of power mixes, which vary between 39% and 43% renewable energy, and between 9% and 27% additional carbon free electricity in 2020.20 It is important to note all but one scenario have less renewable energy than SCE will have in 2020. SBCP estimates their rates to be consistently cheaper through 2022 for each option, and uses a conservative estimation of the exit fees charged by SCE. 18 California Public Utilities Commission (2017). "California Renewables Portfolio Standard (RPS)." 19 LACCE (2017). "LACCE Community Choice Aggregation Implementation Plan and Statement of Intent." 20 Renewable energy sources include biomass and biowaste, geothermal, wind, small hydro, and solar. Large hydro power is not considered a renewable resource but rather a carbon free source of energy. 22 CCEA presented three scenarios to Santa Monica. Scenario 1 maintains 100/0 more renewable energy than the RPS, and would have 43% renewable energy in 2020. Scenario 2 would have 33% renewable energy and an additional 67% carbon -free energy in 2020. Scenario 3 would have 53% renewable energy in 2020 and an additional 30% carbon -free energy. CCEA estimates that the CCA total rate would be less than 1% cheaper than SCE's. However, it is important to note that Santa Monica has full discretion regarding these power contents and rates and could design each product as they want. Figure 5. Estimated LACCE Products in 2020 vP Renewable Energy Base Product 50% Renewable 100% Renewable Carbon -Free Energy11 Other 5.3% O V 4.3% '11 �011'r 6.3% cheap0r j cheaper ' mora than SCE then SCE expensive Base Rate� Base Rate, than SCE ,yy / �b';, Bate Rata dP' Cheaper Power Greener Power Decarbonization Base Case f %J e'rism % ff l� �'�ea�^rthanSCE par percr ea r than SCE ' than SCE thanSCE Bate RateRate' l a t$a se Rate I . t Scenario 1 Scenario 2 Scenario 3 f�P f�� r c r cheaper cheaper thanSCE / then SCE `' f an SCE Base Rate Base Rate X11 Base Rate 21 SBCP (2017). "Financial Strategy." Pages 16-17. 23 Electricity rates and power mixes will only be finalized once they have been approved by LACCE's or SBCP's respective JPA board. If the Santa Monica City Council elects the single -city option, they will have full autonomy over rates and power mixes. •� -Rifil, According to the California Public Utilities Commission, "Renewable energy facilities can sell energy and/or renewable energy credits (RECs) to a California retail seller of electricity to meet its [renewables portfolio standard (RPS)] obligation."22 The RPS program distinguishes renewable procurement acquired from contracts into three portfolio content or RECs categories referred to as buckets. The first two buckets, RECs categories 1 and 2, are when the renewable energy certificate is bought bundled with the underlying renewable energy. The last bucket, also called RECs category 3 or unbundled REC3, is when the energy provider only buys the certificate without the energy. As the figure below shows, the State does not view RECs category 3 as an appropriate long-term solution to procuring renewable energy. 1110NI me I 'em r o1a^hurydImV ww Vim Oub�d �JO �I JIng '4 Ob�Ooa a ,gGaw'�IMa � •• I"ON IPw'AdWllll '� �84"w'^�0.tl4�f � .� �a�n�lhf' 0 °wauo. suu uow U:: Q', 'Ig0 loo, w' V. w 910 wd a� V n1Pw00 �Pa poi �mBo lupV p wr )pa 611 dl AMA NO oweiry 11, - ("A �awu� a Auu,gurf w - ?mI S. u' nb,"J,IIjqlu I 1 "Iw R qu1*wno Category ! (alejory 2 w Cat4g ary 22 California Public Utilities Commission (2017). "RPS Procurement Rule." 23 Ibid. 24 One of the main reasons why electricity providers use RECs category 3 is because they have been historically cheaper than buying bundled renewable energy. Previous research from the UCLA Luskin Center for found that in 2016, Marin Clean Energy was still using up to 3% of RECs category 3, and Lancaster Choice Energy was using up to the maximum amount allowed by the RPS program. Other CCAs like Sonoma Clean Power or Peninsula Clean Energy do not use RECs category 3. LACCE's JPA states to "discourage the use of REC category 3." However, the JPA board will ultimately decide the policy. According to discussions with LACCE staff, their initial request for proposals for energy procurement specifically requested no use of RECs category 3. SBCP's draft business plan states that "no use of Category 3 unbundled Renewable Energy Certificates (RECs) [will be purchased] to achieve [their] 100% renewables goal"24 as one of their goals and objectives. However, the use of RECs category 3 to meet interim goals or in the implementation phase is not specified and would likely be determined by the JPA board. CCEA will procure power on behalf of Santa Monica with the single -city option. Santa Monica can then specifically request that no RECs category 3 are used for electricity procurement. The feasibility study presented to Santa Monica assumes the use of RECs category 3 up to the maximum of 10% in some of the proposed scenarios. As discussed in the previous section, each option could provide Santa Monica with the ability to immediately provide a 100% renewable electricity product. Because this would be the most expensive option, the vast majority of CCAs enroll by default their customers into the cheaper option in order to maximize their customer retention. The problem with this strategy is that most CCAs only see a very small amount of "opt - ups," defined as when a customer voluntarily chooses to enroll in a greener product. The City of Portola Valley, a member of Peninsula Clean Energy, a CCA in San Mateo County, is the only CCA member so far to have default enrolled all of their customer accounts into the 100% renewables product. A representative from Peninsula Clean Energy confirmed that as of October 2017 only 4% of customers in Portola Valley opted down to the cheaper product and 5% opted out of the CCA to return to PG&E. It is important to note that the percentage of opt -outs for a CCA in California varies between approximately 2% and 10%. These numbers indicate that customer 24 SBCP (2017). "South Bay Clean Power Draft Business Plan." Letter of Introduction. W retention may not be a major risk for other similar communities considering a 100% renewables default option. The Public Policy Institute of California conducted a survey that revealed that the willingness to pay more for greener electricity varies based on political affiliation: 68% of Democrats and 38% of Republicans were willing to pay more.25 Willingness to pay was less dependent on income: between 55% and 60% of respondents across income levels (ranging from under $40,000 to more than $80,000) reported being willing to pay more for greener electricity. The table below shows the socio-economic comparison between the cities of Portola Valley and Santa Monica. 4.4 Energy Services Third -Party This section of the report presents and synthetizes discussions with energy procurement specialists, including the authors of SBCP's business plan. SBCP's business plan was the only one of the three options to focus on an energy procurement strategy and services to address future legislative, regulatory and market risks (refer to chapter 6 for a more detailed assessment of future risks). The core business of CCAs is to procure energy, which represents on average between 80% and 90% of all costs incurred by existing aggregators in California. Energy procurement involves various services such as planning and portfolio analysis, contract origination, short-term load forecasting, scheduling and balancing of operations, settlements, and data management.27 The figures below illustrate the breakdown of required energy services. 25 Kordus, David. Public Policy Institute of California (2017). "Californians' Views on Climate Change." 26 Population estimates from United States Census Bureau "American Fact Finder." Party affiliation data from California Secretary of State "Voter Registration Statistics." 27 Data management includes data exchange with the investor-owned utility, technical testing, customer service information systems, customer call center, billing, settlement quality meter data reporting, and reporting and audits of utility billing. 26 Figure 9. Energy ServkeS28 III � u i I� a�M1IQ� Ifg(ja�Ilrajaa,`�\I���`1(l1(`` ! f r� ware �r�+rrra rrr avreA / �i�y� �aw�rNyraau,r r�jii'1�'�JJ/ o I+I/11 �IUI.111 �rllll�il/hMl^Y4YS����1�°4f4. �lr. f��� mol '.Y,44°l�nvr,9w AY!,: u) Sun4Jlkri.S;1;, fF�Arrr;�liia�Ul✓/X✓/%f/�I���������%�t��f�1 customer data _. Negotiate power Track counter -party Particoale In eneigy Forecast rnodel purchase t A collateral, markets 6 Reviewand verity ur nt needs, agreements, admiNster ay (Forecast bad, financial stat®net a track portfolio risk, standard physicall )0- relatedcontracts: manage porflollo, for CAI SO and and analyze offers financial products, physical(electricity, trade �atth bilateral transactions Front suppliers d structured W) a financial ante e�a��p into CCArdsras¢vriai. t n Iris %On R,. w. a "', ,� a•cce:zwa iri nOhPy Frine aaraeckar!; A, customer data _. �....__.....— Resolubcrifdue _.._..... _ .......e CCA receives t e �cs9 Mira .fr(w5 rile.aicutaalw- all Sf.,E hall: c:usloninviadenolled CCA vardws lhat cistomer usage aanal by the er yments and deposits twynitiol°, duoi weite sc crauaat ratalia frnrai CCA, aired resolved pead sends topayments into CCArdsras¢vriai. sariet tria6.k5coordinration %On r coliectsan account tate pt-ayrnenis & SCE stmtf defaults Context around Energy Management Services According to SBCP's business plan, one of the most important debates occurring today within the community choice energy industry revolves around how to best structure energy services management for new CCAs to respond to future risks. Energy procurement and risk management are complex practices that require significant research, analysis, and market experience. Supplying power to any aggregation of customers requires a diverse portfolio of energy products29 to be contracted for and actively managed as market conditions change over time. The diversification of the energy portfolio is also crucial in regards to energy contracts versus market price exposure, long- versus short-term energy contracts, volume, location, and type of energy sources. Investor-owned utilities reportedly integrate all of these energy services together, known as a commodity risk management approach. Most of the first existing CCAs delegated the complexity of portfolio management functions to external consultants, also called Energy Service Providers (ESPs), when they launched. According to SBCP's draft business plan and discussions we had with its authors, this model comes with 28 Top image from SBCP (2017). "Draft Business Plan." Page 17. Bottom image from Community Choice Partners. 29 Such energy products include physical electricity products (energy, capacity, renewable energy certificates, emission reduction credits, and ancillary services), physical fuel products (primarily natural gas, transportation and storage) and financial or insurance products (transmission congestion revenue rights, call/put options, multi-party spreads, etc). 27 disadvantages regarding commodity risk management modeling techniques and operational practices. The separation of the CCA's energy risk management functions and a relatively inflexible approach to energy procurement could impede their ability to adapt to regulatory and market risks. Existing CCAs have been successful with this outsourced model. However, we have noticed a change in the energy risk management approach over time. We have seen some CCAs like MCE bringing those capabilities in-house after several years of experience in the energy procurement industry, most likely justified by the need to absorb vendors' margin in-house. Some newly formed CCAs have also chosen to adopt a single portfolio manager model. According to SBCP, under this approach, the CCA contracts for all of the aforementioned energy risk management functions to be provided by a service provider operating "as an agent" of the government agency. General Approach toward Energy Services for each Option Decisions regarding LACCE's energy services and policies have not yet been finalized for implementation phases 2 and 3. However, for phase 1, LACCE hired separate contractors for energy procurement, scheduling operations, and data management. If Santa Monica joins LACCE, they would have the opportunity to influence, with other cities, decisions for the following phases. SBCP recommends the use of a portfolio manager that would integrate all energy services functions, rather than contracting for these services separately. SBCP believes that such a strategy helps to streamline services and better integrate local energy generation, resulting in a more efficient risk management across these different functions. With CCEA, Santa Monica would delegate all tasks related to energy procurement, contracting origination, and management to CCEA and their consultant Pacific Energy Advisors, overseen by Lancaster Choice Energy's executive director. CCEA also handles finding and contracting with a data manager and an independent scheduling coordinator for CCEA's member cities. According to recent discussions with Pacific Energy Advisors, this option provides economies of scale regarding energy services. Yet Santa Monica could still benefit from energy procurement tailored to its specific energy needs and load profile. Energy Procurement Costs One important competitive advantage of CCAs is that they are free to set their rate structures as they want, as opposed to investor-owned utilities that are required to have rates approved by the California Public Utilities Commission. Because of new technologies and data management services, CCAs now have the opportunity to go one step further by customizing rates at a customer level. Customized rates could help ensure that the highest paying customers remain with the CCA. SBCP is the only option to suggest this strategy so far. This would also allow each member city to have a different rate structure that could best reflect the real cost of electricity procurement. Coastal cities have different costs of procurement due to the important role the ocean plays in regulating and absorbing more extreme temperatures. Cities like Santa Monica can be cheaper to serve because their electricity load demand varies less within a day and less across the seasons than a city farther from the coastline. Due to data paucity, we could not quantify and characterize the difference in load profiles between climate zones. However, Figure 10 illustrates the difference in the distribution of electricity consumption during a summer and a winter day between two climate zones in Los Angeles County. r"-....� ...��m�. u � : Uccry Vk' XX m... N, I" ICC, N 5 Q .100 .15 )Oq Wordef K"m"%IW'IIIA snlh V"u fer kVIdp'tl"MonITB ic• ure note: the table and graphs on the left illustrate energy consumption by customers in climate zone 6 (consisting of coastal communities like Santa Monica) while the table and graphs on the right show the distribution of consumption in climate zone 10, a more inland climate zone. Climate zone 6 has similar electricity needs in the summer as in the winter, whereas climate zone 10 has much higher electricity needs in the summer than in the winter, resulting in greater capacity needs. 30 Climate zone map from California Energy Commission (2017). "California Energy Maps," I�tT�: �1 ru n. .fl rely c� gav,?A��u p iR°eamewral��9e B t�i1J1„pig Ory” at „ cones q"iti—ol Consumption data and distribution images from California Public Utilities Commission (2017). "2016 Residential Electric Usage and Bill Data Statistics by Climate Zone." 29 Each CCA option is differently poised to handle the issue of differing climate conditions and associated electricity needs. With CCEA, the current energy contractor, Pacific Energy Advisors, considers each members' specific load profile and electricity needs separate when procuring energy. Pacific Energy Advisors only pools contracts with the same energy providers for all members so that they can benefit from economies of scale, but respects specificities when it comes to procurement price. If SBCP is formed with cities with similar climate zones and demand load profiles, it could provide the City of Santa Monica with the same economic advantage regarding electricity procurement. As for LACCE, energy policies will be voted on by board members. However, even though it could be possible to distinguish rates among city members, the authors believe it will be politically challenging and it raises the question whether it would be fair for a CCA to provide different rates based on a city's climate zone and load profile. Data Management Services To date, all CCAs and utilities have contracted with the same data management vendor. However, emerging CCAs are beginning to consider other contractors that offer more refined services, including particular capabilities required to better support demand response and energy efficiency program implementation. For further comments, please refer to East Bay Community Energy (EBCE) staff's recommendation regarding energy services. Developing advanced capacities with cutting-edge technologies, strategies, and partners should be something to consider when making policy decisions, specifically in regard to the future risks that lie ahead for CCAs in California. Since these advanced capacities are a recent development among CCAs, we have not yet been able to evaluate their costs and benefits in practice. 30 There are several cost factors that need to be taken into consideration when comparing CCA options, including startup costs and financing, energy procurement costs, non -energy operating costs, and the costs and financing of local energy programs. In this chapter, we compare the financial obligation that each option requires from Santa Monica regarding start-up costs and operating costs. We do not analyze the cost of procurement between each option as we neither have the experience nor the knowledge to assess and compare each option's methodologies for forecasts and cost estimates. 5.1 wrtup . sts The startup phase, also known as the pre -start phase, usually varies between six months and one year. The associated costs usually include staff members, consultants, marketing, and infrastructure. Startup Costs Estimation Back in 2016, LACCE's business plan initially estimated startup costs to be $1,213,718, with a launch in January 2017. Because the launch was postponed by one year, we estimated the total costs incurred by the CCA this year to have been $1,355,000 (2017 total costs minus utility transaction fees, but including the CPUC Bond), resulting in a total startup cost of $2,568,718 for LACCE.31 Based on SBCP's financial strategy, we estimate a startup cost of up to $912,376 (all startup costs minus utility and CAISO fees). CCEA's technical study estimates startup costs of around $703,940 for the first six months. Depending on the ultimate membership of LACCE, Santa Monica's share of the load could represent between 7.1% and 11%, resulting in an indirect financial contribution of between $182,379 and $282,559. Santa Monica's share of these costs would continually decrease as more cities join LACCE. For SBCP, Santa Monica's share of the load could represent between 27% and 32%, resulting in an indirect financial contribution of between $246,342 and $291,960, based on the membership scenarios 31 LACCE (2016). "County of Los Angeles Community Choice Energy Business Plan." Startup activities and costs. We excluded utility transaction fees for 2017. Page 36 31 described in chapter 3. Thus, LACCE and SBCP's estimations could provide the City with economies of scale, resulting in lower startup costs than can be achieved through CCEA. For comparison, the table below illustrates the startup funding amount and sources for exisitng CCAs. Startup Costs Costs Financing LACCE received an interest rate free loan of $10 million from the County of Los Angeles, which should be reimbursed next summer. SBCP suggests that the leading cities guarantee a $2.5 million startup loan to finance the launch of the CCA. Using cities as guarantors could potentially help SBCP to obtain cheaper rates than if the brand new CCA was taking out a loan itself without any credit history. CCEA suggests a small loan of $700,000 that could be covered by the city's general fund, resulting in lower interest rates, if any. Table 6 compares the startup costs and financing reported by each option, including additional financing needs, usually for energy procurement. Startup Costs Estimation Start -Up Funding $912,376 m $703,940 E�alxfnAs Requirement ' _... xrtrrAp' Source�s, r........ MCE Clean Energy $2- $5 million Startup loan from the County of Marin, Individual To be paid back in June 2018. investors„ and local community bank loan. �..mm A_v $40-50 million to start energy loan from Sonoma C........ ounty Water Authority as well as Sonoma Clean Power $4 - $6 million loans from a local community bank secured by a � �� Sonoma Ccruaxty general fund guarantee. . � �r s� CleanPower SF —$S million rom the Hetch iNeirtwy reserve i,Srl�lJt:i. Ao proprlations� f. Lancaster Choice CCA .. —$2 million f g Loan from the City, of Lancaster general fund. .,_ -,_d ... _ g�... Peninsula Clean Ener w. $10 - $12 million s . ' -a„ ., n' a Mateo—County s stated a willingness to fund a _ _ 9 secure lenders. __ ro Source: Respective entity websites and publicly available information, Startup Costs Costs Financing LACCE received an interest rate free loan of $10 million from the County of Los Angeles, which should be reimbursed next summer. SBCP suggests that the leading cities guarantee a $2.5 million startup loan to finance the launch of the CCA. Using cities as guarantors could potentially help SBCP to obtain cheaper rates than if the brand new CCA was taking out a loan itself without any credit history. CCEA suggests a small loan of $700,000 that could be covered by the city's general fund, resulting in lower interest rates, if any. Table 6 compares the startup costs and financing reported by each option, including additional financing needs, usually for energy procurement. Startup Costs Estimation $2,568,718 _ $912,376 m $703,940 $10 million from LA County. $2.5 million estimated by The City could secure $700k Startup Costs Financing Interest free. SBCP business plan, 100% through a loan via general To be paid back in June 2018. guaranteed by initiating cities. fund or other source. $40-50 million to start energy $10 million loan 50% $1,200,000 additional cash Additional Financing procurement. Could be a line guaranteed by member cities flow needed according to of credit, another County Loan., + $20 million line of credit CCEA technical study. 32 LACCE (2016). "County of Los Angeles Community Choice Energy Business Plan." Page 64. 32 Frequently, all revenues generated through the sale of electricity "flow to the JPA" to cover energy procurement costs and non -energy operating costs. Most of the time, non -energy operating costs are similar to fixed costs, which means they do not exactly proportionally increase or decrease based on the load to serve or the number of members. Consequently, the larger the CCA, the lower the non -energy operating costs per member should be. Operating costs usually cover general and administration expenses, personnel, professional services and data management, legal and regulatory staff or consultants, marketing and promotions, customer service, and other utility or California Independent System Operator (CAISO) fees. For LACCE and SBCP, the vast majority of the operating costs listed above should be covered and paid for by the CCA itself. This means that Santa Monica will have very minimal to no staffing and operating costs on its side. However, if Santa Monica chooses to create a single -city CCA through CCEA, the City can determine how much staff it wants to dedicate to the program depending on how much it wants to be involved in the administration. The City will pay CCEA service fees, estimated to be around $850,000. This fee is divided in two: a flat annual fee of approximately $250,000 that Santa Monica would have to pay to CCEA no matter what; and variable annual costs estimated at $600,000 for procurement, regulatory and other services provided by CCEA. These latter costs will proportionally vary with the amount of CCEA members and is consequently one of the few operating costs under this business model that could benefit from economies of scale. The UCLA Luskin Center for Innovation conducted an analysis based on existing CCAs in California to compare each options' estimation of their non -energy operating costs. We found a statistically significant relationship between operating costs per MWh and load. We found that for every 1% increase in load, a CCA could expect operating costs per MWh to decrease by 0.4% on average. This means that CCAs serving a larger load benefit from economies of scale in operating costs, potentially resulting in more revenues per MWh available for programs or to allow for reduced rates. Figure 11 shows the cost of non -energy operating costs per MWh for existing CCAs. CCAs are shown by annual load, with the largest load on the left. 33 A. Operating Costs per MWh FLVgure .I .I notg,, EES Consulting provided the UCLA Luskin Center for Innovation with high and low load operating costs scenarios. SBCP's operating costs are from their business plan and CCEA's are from the feasibility they provided the City of Santa Monica. Notably, economies of scale were not found in the cost of energy per MWh. This is likely due to the fact that the cost of energy is dependent upon several factors such as, but not limited to, the portfolio content and procurement strategy, the balance between long-term and short-term contracts, and the market conditions in which the power purchase agreements were signed. Recent discussions with several industry specialists revealed that in a very competitive environment, larger CCAs might have bargaining advantages over smaller CCAs when it comes to long-term energy procurement and other contracts for third -party assistance. With a more fragmented electricity retail market and increasingly stronger competition, Santa Monica could possibly benefit more from greater bargaining power and economies of scale in the energy procurement processes through a larger CCA. 33 Operating cost data from each entity's respective publicly available 2017-2018 fiscal year budget. Load data from each CCA's most recently published Implementation Plan. 34 The community -oriented nature of CCAs allow them to efficiently tailor, communicate, and implement local energy programs to meet community needs. When CCAs do, it comes with several local benefits. Funds collected through rates are reinjected locally, instead of being centralized by utilities and state agencies to benefit the state more broadly. These local programs can support local jobs, boosting the local economy. In a previous report, we estimated that the five operational CCAs in 2016 supported over 600 local construction jobs, 24 new operations and maintenance jobs, and an additional 28.2 operations and maintenance jobs from construction in previous years. 34 CCAs can apply to the California Public Utilities Commission to administer their own energy efficiency programs by using funds collected through public benefits surcharges. For example, MCE (the first CCA to launch in California) received $1,334,519 in public purpose program revenue in 2017.35 CCAs can also take advantage of opportunities such as California Energy Commission grants or partnering with other agencies or nonprofits. Similar to the implementation plans of Silicon Valley Clean Energy and Peninsula Clean Energy, LACCE states that they "will eventually administer energy efficiency, demand response and distributed generation programs that can be used as cost-effective alternatives to procurement of supply- resources."36 CCAs can also use their own revenues to finance some local programs. The table below shows the budget each existing CCA has allocated toward these programs. LACCE's implementation plan does not allocate any CCA funds toward local programs, but highlights its intention to ask for public funding to finance and administer energy efficiency programs. LACCE also mentions that demand response programs can be 34 UCLA Luskin Center for Innovation (2017). The Promises and Challenges of CCAs in California. �t.�. n nrC•��u�i.ra l}Ap�)w� �i�}�� �li.��oi��l��"9�:�J14:��� ��a�ci ch�rl4ri"g��;����r�"b�'�T7.�11�1rY.w��ri„a�t�^ �s+lg����.�a�r�-�4alnfc�ru�I����J. Our method utilized the National Renewable Energy Laboratory ]obs and Economic Development Impact Model. 35 MCE (2017). "Financial Statements Years Ended March 31, 2017 & 2016 with Report of Independent Auditors." Litmps,'.L� �Lt zlcs��c� rar:1 g �r14 uuC.44N,bN.G�c i..1Ca11�(7 (9 E A�aef¢' ii��I .f.�s1N i? ;iu���.11,, 11a_.. Qll sC( 36 LACCE (2017). "Los Angeles Community Choice Energy (LACCE) Community Choice Aggregation Implementation Plan and Statement of Intent." Page 10. 35 cost effective alternatives to resource adequacy capacity required by the CPUC and that they will promote local investment through net energy metering and feed -in tariff programs. LACCE's interim director, Bill Carnahan, has suggested LACCE could adopt a "cafeteria style" approach where each member can pick which program they want to finance and participate in .37 MCE's JPA agreement, as an example, stipulates that any member can participate in the programs they approve and finance. Any member who votes against the approval of a program or activity will be taken out of this program without bearing any financial obligation.38 SBCP specifies an annual budget for local distributed energy resource (DER) programs, which is budgeted to be $2,000,000 in 2020. SBCP's business plan details how DER functions would be fully integrated into the agency's business model and contracted services including "power planning, load forecasting, power procurement ... [which] necessitates contracting for a specialized set of service S11.39 With CCEA, Santa Monica would have complete autonomy over rates and the budget allocated toward local program investment. It is important to note that recent discussions with existing CCAs revealed recommendations to focus on achieving financial solvency and establishing a rate stabilization fund prior to investing in local programs, as remaining cost competitive and retaining customers should be priority number one. It is hard to determine how much money will be available for local energy programs because it will depend on the rates and energy policies set by the JPA board as well as the procurement and operating costs of each option. 37 According to discussions with Gary Gero, Chief Sustainability Officer of the County of Los Angeles and Bill Carnahan, LACCE's interim executive director in October 2017. 38 MCE (2008). 'Marin Energy Authority Joint Powers Agreement." 39 SBCP (2017). "South Bay Clean Power Draft Business Plan (2017). Page 26. 36 California is in the middle of an energy revolution, with new players, new regulations, and ambitious environmental goals. Greater competition in the retail electricity market will increase pressure on prices, resulting in more innovative energy procurement strategies. New CCAs must carefully identify and plan to mitigate any potential future challenges. In this section, we discuss potential regulatory, legislative, and market force risks. At the end of each section, we provide the reader with the mitigation strategies suggested by each option .40, 41, 42 ,i-.1 Legislative Future Legislation Affecting Investor -Owned Utility Renewable Procurement California Senator Kevin De Leon introduced Senate Bill 100 this year that if signed into law would have required 100% of electricity sales to come from renewable or carbon free energy by 2045. Senate Bill 100 was postponed to the next legislative session. Such a regulation could ultimately reduce one of the main marketing and competitive advantages of CCAs, who often claim to have a cleaner energy portfolio than most investor-owned utilities. Even without this regulatory pressure, it is important to note that the renewable energy procurement gap between investor-owned utilities and CCAs is narrowing. The largest investor-owned utilities now have between 41% and 45% RPS -eligible renewable energy procurement under contract for 2020.43 The more CCAs that become operational, the more investor-owned utilities' customer bases shrink, resulting in renewable energy contracts composing a greater percentage of their sales. 40 LACCE (2017). "Los Angeles Community Choice Energy Business Plan Update." Page 17 and 18. LACCE proposes mitigation strategies for SCE rates and surcharges, regulatory risks, power supply costs, SCE RPS share, availability of RPS/GHG-free power, financial risks (related to financing and credit), and loads and customer participation. 41 SBCP (2017). "Financial Strategy." Page 33-46. SBCP proposes mitigation strategies for the PCIA, Direct Access reopening, the risk that the CPUC pierces the veil of CCA JPA liability protection, and a general contingency plan. 42 CCEA (2017). "City of Santa Monica. Community Choice Aggregation Technical Study; Summary of Results." CCEA proposes mitigation strategies for financial risk related to CCA failure, financial risk related to procurement deviations, market volatility and price risk, availability of renewable and carbon -free energy supplies, legislative and regulatory changes, and Power Charge Indifference Adjustment (PCIA) rate risk. 43 California Public Utilities Commission (2017). "California Renewables Portfolio Standard (RPS)". 37 Phasing Out Legislative Support The increasing competition toward greener power mixes coupled with the phase out of the federal Investment Tax Credit (ITC) could impact the cost of renewable energy sources in California, such as wind and solar. The table below describes the reduction over time of the amount of investment in a solar installation that can be deducted from the tax payment. Mitigation Strategies Suggested by Each Option In the event that investor-owned utilities and CCAs would be required to procure 100% of their electricity from renewables, CCAs would need to prioritize competitive rates and to emphasize local programs and investments. In the event of increasing competition for renewable power, LACCE proposes to: "Shift emphasis to GHG-free energy sources... secure long-term contracts... invest in local renewable resources."45 In regard to a potential power supply cost increase, LACCE proposes two main mitigation strategies that focus on long-term contracts and the stabilization rate reserve funds .46 According to industry specialists, being part of a larger structure can provide economies of scale and larger bargaining power in a competitive market. CCEA proposes the "use of a `laddered' procurement strategy, which is based on layered purchases in which portions of the energy spend are fixed at intervals throughout the contract term, rather than all at once. Alternatively, the buyer might form a set of `investment rules,' buying at certain price levels to both mitigate risk and seize opportunities." CCEA also recommends the use of a diversified supply 44 United States Energy Information Administration (August 2016). "Annual Energy Outlook 2016 with projections to 2040". LR-8.iu,tCw ffwv,v� r a,�.7:v�rylG,@erd,,�� a_�wrrrmr�R�ylB�(7�06 6��.( 45 LACCE (2017). "Los Angeles Community Choice Energy Business Plan Update." 17. 46 Ibid. portfolio that includes contracts with various term lengths and end dates and the "participation in the incumbent utility's short-term RFO for renewable energy sales".47 SBCP proposes more "sophisticated energy risk management capacities" in the broader context of legislative and regulatory risks, such as the use of a "portfolio manager model" and a "significant expansion of distributed energy".48 (Refer to section 4.4 on energy services and third -party contractors for further details on SBCP's energy risk management strategy). *� 0 The Power Charge Indifference Adjustment (PCIA) is an exit fee charged per kWh to customers who depart from an investor-owned utility. While this fee is necessary to ensure that customers remaining with the investor-owned utility are not penalized to the departing load (also known as bundled customer indifference), there are concerns from both CCAs and investor-owned utilities about the PCIA in its current form. With the proliferation of CCAs in California, it is important to understand the long-term effect of a price indifference mechanism in a more competitive environment. In the longer term, customers might request the ability to change from one utility to another without paying any exit or entry fees and without being required to compensate for the losses of another company, as is the case in many other sectors. While the PCIA has long been a contentious issue, the rapid expansion of CCAs over the last few years has increased the salience of this issue. The California Public Utilities Commission currently has an open rulemaking that has established several guiding principles regarding revising the PCIA in order to address concerns. 49 The new methodology aims to maintain bundled customer indifference while using a methodology that provides transparency, verifiability, flexibility, and stability as well as maintains a balance between accessible data and confidential information.50 Importantly, the California Public Utilities Commission notes that this methodology "should not create unreasonable obstacles for customers of non - 47 CCEA (2017). "City of Santa Monica Community Choice Aggregation Technical Study: Summary of Results Draft." 49 SBCP (2017). "Draft Business Plan." 49 California Public Utilities Commission (2017). R.17-06-026. "Order Instituting Rulemaking to Review, Revise, and Consider Alternatives To The Power Charge Indifference Adjustment." ,.gpt 1��].J,6��, ��.1 1 26 ,i E,)F 50 Ibid. 39 investor-owned utilities energy providers." 51 Various stakeholders have submitted comments to the California Public Utilities Commission regarding the rulemaking. Investor-owned utilities applied to have the Portfolio Allocation Mechanism (PAM) replace the PCIA. While the California Public Utilities Commission dismissed the investor-owned utilities' initial PAM application, the investor-owned utilities continue to offer suggestions that were included in the PAM under this current rulemaking.52 CaICCA, which represents CCAs across the state, also recommended revisions and additions to the California Public Utilities Commission's guiding principles, including to `recognize California policies to promote development of CCAs" and to "respect CCAs' responsibility to develop their own generation portfolios. 1153 Mitigation Strategies Suggested by Each Option If "SCE's generation rates decrease or its non -bypassable charges increase," LACCE proposes to establish a Rate Stabilization Fund, invest in both long- and short-term contracts, and "emphasize the value of programs, local control, and environmental impact in marketing."54 SBCP discusses the regulatory risks in great detail in its draft business plan and financial strategy. SBCP advises hiring a portfolio manager for energy risk management and establishing a regional JPA of CCAs to benefit from economies of scale.55 However, municipalities may face liabilities from guaranteeing startup loans. Additionally, they propose refraining from entering into long-term contracts prior to the revision of the PCIA.56 SBCP also proposes launching as quickly as possible in order to start building up reserve funds and to pay off loans prior to the PCIA revision .57 Additionally, as a contingency plan, SBCP proposes to "maintain financial reserves and power contract obligations in a manner that affords notifying the CPUC and SCE of the intent to suspend CCA operations one year ahead of time ...and then to do so without having to raise rates, otherwise cause losses, fail to meet any extant debt service obligations, or breach any power contracts."sa 51 Ibid. 52 California Public Utilities Commission (2017). "Joint Comments of Southern California Edison Company (U 338-E), Pacific Gas And Electric Company (U 39-E), and San Diego Gas & Electric Company (U 902-E) on Order Instituting Rulemaking To Review, Revise, And Consider Alternatives to the Power Charge Indifference Adjustment." hk:tl?.;Jlclm sIT r��u� _G ,el��v tl I�I�_hi c9lm�o. !.9mfil,Ng�C,tCa 1 R L °s tlQ46LLq=s1�46,326.L 53 California Public Utilities Commission (2017). "Comments of the California Community Choice Association." hill) 54 LACCE (2017). "Los Angeles Community Choice Energy Business Plan Update." Page 17. 55 Ibid. Page 35. 56 Ibid. 57 Ibid. Page 27. 58 Ibid. Page 27. all CCEA proposes a 'laddered" procurement strategy (as described in more detail in section 6.1), establishing a Rate Stabilization Fund, and participating in the CPUC's open rulemaking regarding the PCIA.59 For legislative and regulatory change risks more broadly, each option recommends some form of lobbying, working with other CCAs, and monitoring regulatory changes. When Assembly Bill 117 authorized the creation of CCAs in 2002, one of the main goals was to introduce competition into the energy market. Our previous research found that CCAs do appear to put downward pressure on electricity prices that customers pay while supporting the state's renewable energy and energy efficiency goals.60 As the energy market sees a proliferation of CCAs, this will further increase competition in the energy market. This section identifies some market force risks that we view as potential challenges for CCAs, and how each option is planning to address those. Increasing Electricity Rate Components: the 5000/a Surge in Transmission and Delivery Fees Transmission and delivery fees are charged by investor-owned utilities on a per kWh basis to all customers, including CCA customers within their territory. As seen in the figure below, the cost of transmission has strongly increased over time. For example, SCE transmission and distribution revenue requirements increased by a factor of five over the past decade. Such an important increase in cost will attract the attention of end-users on their electricity bills, making customers more sensitive to electricity prices. 59 CCEA (2017). "City of Santa Monica Community Choice Aggregation Technical Study; Summary of Results Draft." 60 UCLA Luskin Center for Innovation (2017). The Promises and Challenges of CCAs in California. 9 R 7 �Il�aau sv we of Qwuskiit iu % r dii� wig rr.� &fir a���1S *:_aihr9 c � aa�l r7 :_c asrrr ill °fit to q icy nLL, .Lp.l._r jai ri,� ,i �m dJ,. 01 2 � F moo �e ill 1 l 1, f I a 5 2W DWI XW BM W10 X6 92 Mll MW Ms 2016 This could be a disadvantage for CCAs that offer higher rates than investor-owned utilities in order to procure more renewables. Losing High Revenue -Generating Non -Residential Customers: the Threat of Direct Access Direct Access (DA) is a "retail electric service where customers purchase electricity from a competitive provider called an Electric Service Provider (ESP), instead of from a regulated electric utility."62 DA customers pay the exit fees, transmission, and delivery fees to their utility, similar to what CCA customers do. DA closed to new customers in 2001 and very successfully reopened temporarily in 2013 for non- residential customers. According to the California Public Utilities Commission, "Currently, the DA program is at capacity, as demand for DA service exceeded the load permitted under the adopted utility service area caps."63 If DA reopens again, and based on its past success, DA could be attractive enough to result in non-residential customers leaving their investor-owned utility or CCA. This is of particular risk to Santa Monica if it joins LACCE, which is expected to have power prices that reflect all the cities in the county. The ocean cooling makes Santa Monica and other coastal customers have loads that are lower cost to serve than elsewhere in the County, so customers may find substantial discounts in individualized rates quoted by DA providers. Moreover, if a DA customer has to pay exit fees (PCIA) to the investor-owned utility, there are currently no such regulatory mechanisms for CCAs to recover the financial loss resulting from excess power procurement from departing customers. 61 California Public Utilities Commission (2017). "California Electric and Gas Utility Cost Report." Page 18. 62 California Public Utilities Commission (2017). "California Direct Access Program." 63 California Public Utilities Commission (2017). "California Direct Access Program." �.w�4a 2 cN.+e c amcawfa++ r+1_.:pol m..78,1. 42 Losing Large Residential Customers: Self -Provisioning Self -provisioning, or islanding, is when a customer can meet all of their electricity needs without needing to import electricity from the grid. This is usually realized when distributed energy generation, such as rooftop solar, is combined with battery storage, load response, and energy efficiency. While islanding is currently not permitted in California, this could eventually change. As an example, Hawaii has two different Net Energy Metering (NEM) programs, one of which includes a self - provisioning option.64 If transmission costs keep increasing by a factor of 2.5 to 5 every decade, self -provisioning electricity might become a cost-effective option with the help of decreasing costs in solar energy, energy storage, and new technology such as bidirectional charging car batteries or smart appliances. Moreover, energy storage seems to be currently supported by the state and the federal legislature. For example, the Federal Senate Bill 1868 was introduced to offer federal tax credits to support energy storage. As an example, research by the Rocky Mountain Institute found that within 20 years, a commercial building property owner may be able to install a combination of solar and storage at costs that would be more cost effective than purchasing energy from their local utility.65 The figure below illustrates when some states may see self - provisioning become cheaper than their affiliate utility. 64 Hawaiian Electric, Maui Electric, Hawai'i Electric Light (2017). "Customer Self -Supply and Grid -Supply Programs."rG:_1.I..L..�?.IIa llc car7�cl amu. hr��waiG�Sa_{r�tiJ'r1..1ar ng.YfQ}lc:i�ll ..I'w.ti4iiIlOy 65 The Rocky Mountain Institute. "The Economics of Grid Defection. 111w / s:ri Lm gr;I�Ib- Iidf chpp.. 43 SOLAR -PLUS -BATTERY LE LIZ ED COST OF ELECTRICITY ILCOE) VS. UTILITY RETAIL PRICE PROJECTIONS COMMERCIAL,® E CASE rY4W5 1 2M4 20M 25120 20 2024 2026 2022 26351 2032 25134 2036 20M 2040 2042 2 2 2090 Mitigation Strategies Suggested by Each Option Line MIhk ACV SmAn0®ria. 5'X. uuu 4 L=Ange6k CA "Woluu. "I Retaining customers, especially high revenue generating customers, is critical to a CCA's financial success and ability to maintain operations. LACCE proposes to "increase marketing... reduce overhead... expand to new customer markets... [and] consider merging with existing CCA" if they start losing customers.67 SBCP has the most thought-out recommendations of all options when it comes to market risk mitigation. The financial strategy recommends to "monitor the evolution of the Direct Access debate at the CPUC and the Legislature"68 and "not engage in long-term contracts prior to... further clarity on the risk Direct Access poses."69 An additional risk mitigation recommendation, although not specific to a decrease in customer base, includes contracting "with a portfolio manager for power planning, contracting, and energy risk management" for resiliency purposes.70 66 The Rocky Mountain Institute. "The Economics of Grid Defection, f:Lt,lz.;� L )r n i jLla � !12s) �Ig�l2ll1_ g.t_la:i=�9 �fc�lle�n�:l 67 LACCE (2017). "Los Angeles Community Choice Energy Business Plan Update" Page 17. 68 SBCP (2017). "Financial Strategy." Page 42. 69 Ibid. Page 27. 70 SBCP (2017). "Financial Strategy." Page 27. SBCP also suggests that CCAs could stop replicating investor-owned utilities' rate structure and utilize their rate -setting authority in order to "offer individual customers a customized, and flexible, rate structure. 1171 Because CCAs do not need to seek the California Public Utilities Commission's approval for their rates, they could specifically pay attention to the needs of their larger customers and provide them with special services such as real-time pricing or tailored energy procurement. 71 Ibid. Page 42. M �f J Z A1111"21111111131,111 fi/ Each option that Santa Monica is considering comes with tradeoffs, most notably between formal autonomy and economies of scale. It is important to weigh these tradeoffs in the context of providing competitive rates and programs in the face of a changing energy market. Los Angeles Community Choice Energy Because LACCE is likely to be the largest CCA option, it reduces Santa Monica's direct influence on decisions made by the board. The only decision Santa Monica would have full control over is the choice of electricity product to enroll their residents into by default. Currently, member cities do not have direct autonomy over rates, power content, or programs, and instead will collectively vote on these policies in the future. Unlike SBCP that has a detailed set of recommended energy policies, LACCE's strategy is to wait for all member cities to join before voting on most policies. This future decision-making process provides an opportunity for Santa Monica to form coalitions with other member cities to influence the integration of innovative strategies that would advance Santa Monica's priorities. Because this CCA will potentially be the largest CGA in the state, the size could offer its member cities economies of scale, greater negotiating power with other stakeholders, a more diversified energy portfolio, and a greater diffusion of financial risks over its members. As another positive, because Santa Monica represents a smaller share of the total load, their indirect financial contribution to startup and operating costs is likely to be lower than it would be with SBCP or CCEA. Lower operating costs and potentially higher margins would likely result in more funds to invest in local energy programs. In conclusion, LACCE is the most operationally ready and would require the least amount of work and financial commitment from Santa Monica to join. South Bay Clean Power The sub -regional SBCP could potentially offer Santa Monica a balanced compromise between the likely larger, regional LACCE and a single -city option. Member cities could benefit from greater influence in the voting process, if they are willing to reduce economies of scale. Moreover, SBCP offers a well -thought-out approach to energy management services and a business model with innovative components. The main challenges of this option are very low operational readiness and momentum, and a higher financial risk for the City itself. Santa Monica would be required to invest a lot of its time to get the CCA off the ground and recruit other member cities to join. If SBCP does not officially launch, Santa Monica could still consider implementing some of the recommended strategies developed by SBCP. California Choice Energy Authority Compared to the other options, CCEA's single -city hybrid approach would offer Santa Monica full autonomy on some of the most important decisions. CCEA is the only option so far to provide the City with full control over rate setting, power content, the default product, and the use of net revenues that could be invested in local energy programs or other priorities determined by Santa Monica City Councilmembers. CCEA would procure energy based on Santa Monica's policies and power mix preferences, and provide the City with rates that reflect the true cost of power supply. CCEA would also require that Santa Monica approves energy contracts longer than five years. However, even if CCEA considers members' input in decisions, it is not clear how much Santa Monica could influence the choice of third -party contractors and their energy procurement strategies without a seat on the CCEA board. Santa Monica's ambitious environmental goals and long-term strategy might necessitate a flexible CCA structure in which the City can vote on and influence all decisions that would affect their energy procurement. Moreover, the CCEA option would offer Santa Monica fewer economies of scale compared to larger CCAs like LACCE or SBCP. Economies of scale may become increasingly important over the long-term given future regulatory and market force risks that could reduce the amount of net revenues available for programs, a rate stabilization fund, or debt services. 47 ATTACHMENT #5 Resolution No. 2017-202 RESOLUTION NO. 2017-202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO CONDUCT A TECHNICAL STUDY TO EVALUATE A COMMUNITY CHOICE AGGREGATION WITH CALIFORNIA CHOICE ENERGY AUTHORITY ("CCEA") WHEREAS, Community Choice Aggregation (CCA) is a mechanism by which local governments assume responsibility for purchasing and providing electrical power for residential and commercial customers in their jurisdiction in partnership with Southern California Edison (SCE); WHEREAS, CCA, if determined to be technically and financially feasible, may procure energy from renewable sources and reduce greenhouse gas emissions generated by the Baldwin Park community; WHEREAS, CCA could provide substantial environmental and economic co -benefits to all residents and businesses in the City of Baldwin Park; WHEREAS, CCA provides the opportunity to fund and implement a wide variety of energy related programs of interest to the community; and WHEREAS, determining the technical and financial feasibility of CCA requires obtaining and analyzing Southern California Edison energy load data and conducting a Technical Feasibility Study. NOW THEREFORE, IT IS HEARBY RESOLVED AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park authorizes the Chief Executive Officer, or her designee, to develop a CCA Technical Feasibility Study through an agreement with California Choice Energy Authority, with a total cost of the study not -to -exceed $63,000. SECTION 2. The City Council of the City of Baldwin Park authorizes the Chief Executive Officer, or her designee, to request energy load data from SCE for the purposes of preparing a CCA Technical Feasibility Study; and adoption of this resolution in no way binds or otherwise obligates the City of Baldwin Park to participate in a Community Choice Aggregation Program, unless it so chooses by passage of a City Resolution. PASSED, APPROVED, AND ADOPTED this 7t" day of February 2018. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2017-202 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 7, 2018 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ALEJANDA AVILA CITY CLERK COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AGENDA BALDWIN PARK CHARITABLE RELIEF FOUNDATION1 [,BPCRF] FEBRUARY 712018 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Ricardo Pacheco Cruz Baca Monica Garcia Susan Rubio - Chair - Vice Chair -Board Member - Board Member - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING 15 IN PROCESS POR FA VOR DE APAGAR SUS rELEFONOS CEL ULARES r BEEPERS DURANrE LA JUNTA PUBLIC COMMENTS The public is encouraged' to address the Boar'd of Directors on any matter Posted Oft the agenda or- on any other matter within its jurisdiction. if you wish to address the Board, yoci rvay do so during the PUBLIC COMMUNICATIONS period noted on the agand& Eactl person is allowed three (3) filinfites speaking time. A Spanish speaking interpreter is available far' you" convenience. . . . ..... COMENTARIOS DEL PUBLICO se invite at pubiico a dingirso a la Agencia nofribrada en este agenda, pare hablar sobre cualquier, asunto publicado on 11 agenda o Gjja1qjjjor tetria quo est6 bajo suftifisdicci6n Si usted dosea la oportuoidad de dingirse a la Agencia, po(,Y6 hacedo durante el poriodo do Comentarios del Ptiblico (Public Communications) anunclado en to agenda, A cada persona so to pertnite hablar por ties (3) niinutos. Hey un intftfflle para su conveniencia, Any written public record relating to an agenda itern for an open session of a regular ineebng of the Baldwin Park Charitable Relief Foundation that is distributed less than 72 hours priol'to that meeting will be available for public inspection at City Hall in the City Clork's office at 14403 I -E. Pacific Avenue, 3rd Floor, during normal business hours (Monday - Thursday, 7:30 a. m, - 6:00 p.m.) BALDWIN PARK CHARITABLE RELIEF FOUNDATION (BPCRF) REGULAR MEETING — 7:00 PM ROLL CALL Board Members: Cruz Baca, Monica Garcia, Susan Rubio, Vice Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS TI°IE TIME ,SET ASIDETO ADDRESS THE COMMISSION No action may be taken on a matter unless itis listed on the agenda„ or unless certain emergency or special circur tstaraces exist. The legislative body or its slaff May: 1) B110fly respond to stetements made or questions asked by persons, or 2) Direct staff to investigate and/or schedule matters for, consideration at a future meeting. [ ovenximent Code §54954,21 ESTE ES EL pERIODO t E wl twlADO PARA DIRI IR E At: CoMIS16N No se podia tomar acci6n era abrin asirnto a rpenos dire sea incluido err la agendas o a merios clue oxi"sta algtrna einergencia o cir unstancia especial. El crlerpo legislativo y sti personal podran: 1) Responder breven°conte a dectaraci6nes o preguntas hechias Icor personas; o 21 tgirigir personal a fnvestigar y10 fijar asuntos para tornar era consideraci6o en juntas proxirnas. [Codigo d 'obi�erno 4954.2] 1. APPROVE MEETING MINUTES OF THE BALDWIN PARK CHARITABLE RELIEF FOUNDATION It is recommended that the Board of Directors approve the Meeting Minutes of the Regular Meeting of the Baldwin Park Charitable Relief Foundation held on OCTOBER 18, 2017. 2. BALDWIN PARK CHARITABLE RELIEF FOUNDATION ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2017 It is recommended that the Board of Directors receive and file BPCRF's Annual Financial Report for the fiscal year ended June 30, 2017. 1, Alejandra Avila, Secretary of the Baldwin mark Charitable Relief Foundation hereby certify under penalty of perjury under the laws of the State of California that the foregoung agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this I" day of February, 2018. 4 k�...r Alejindf Avila Secretary PLEASE MOTE: copies of staff reports and supporting documentation pertaining to eachitoiaa ort this agenda are available for public viewing and inspection at City Fail, 2 11 F°Ioor Lobby Area oral the Los Angeles County public Library in the City of Baldwin Park For further intcarrnatiort regairling agenda items, please contact the office of the City Clerk at (626) 960,4011 ext. 466 or via e- mail at afr rigi��ara cl in r� com. In coinpliance with the Americans with Disabilities Act if you need' special assistance to participate in this meeting, please contact the Public Works Deparfmont or Risk Management at (626) 960-4011, Notification Ott hours prior to the meeting will enable staff to make reasonable arrangements to erisixire accessibility to this moeling. (28f:Fq 34,102.104 ADA TITLE ll,) MINUTES BALDWIN PARK CHARITABLE RELIEF FOUNDATION REGULAR MEETING OCTOBER 18, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at 8:42 p.m. by Mayor Lozano. ROLL CALL PRESENT: Board member Cruz Baca Board member Monica Garcia Board member Ricardo Pacheco Vice Chair Susan Rubio Chair Manuel Lozano PUBLIC COMMUNICATIONS Chairman Lozano opened Public Communications at 8:42 p.m, Seeing no one wishing to speak, Public Communications closed at 8:42 p.m. NEW BUSINESS It is recommended to pass items: 1) Approve Meeting of the BPCR, the Board of Directors receive and file BPCRF's Meeting Minutes of the Regular Meeting of the Baldwin Park Charitable Relief Foundation held on October 18, 2017; and 2) Approve resolution for the participation in the Navidad en el Barrio Christmas Campaign. A motion by Chairman Lozano, seconded by Board Member Garcia, and carried 5 — 0 to receive and file. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 1 of 2 There being no further business, Chairman Lozano made a motion, seconded by Board Member Garcia, to adjourn the meeting. The motion carried 5 — 0 to adjourn at 8:42 p.m. ATTEST: Manuel Carrillo Jr., Secretary APPROVED: Manuel Lozano, Chairman Page 2 of 2 ITEM NO. ALDWIN PARK CHARITABLE MEMORANDUM TO: Honorable Chief Executive Officer and Board Directors FROM: Rose Tam Chief Financial Officellt DATE: February 7, 2018 SUBJECT: BALDWIN PARK CHARITABLE RELIEF FOUNDATION ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2017 SUMMARY The purpose of this memorandum is to present Baldwin Park Charitable Relief Foundation's (BPCRF) Annual Financial Report for the fiscal year ended June 30, 2017. FISCAL IMPACT None RECOMMENDATION It is recommended that the Board Directors receive and file BPCRF's Annual Financial Report for the fiscal year ended June 30, 2017. LEGAL REVIEW None required.. BACKGROUND The Baldwin Park Charitable Relief Foundation was incorporated on August 4, 2015, ratified, and approved by the City of Baldwin Park on October 21, 2015 as California tax-exempt, non-profit corporation. The key component of the BPCRF is its ability to solicit funds from private funding sources that are specifically allocated to non-profit organizations (such as grants, private donations, gifts, etc.) Its specific charitable and public purposes are to pursue lessening the burdens of government and promoting the social welfare to members of the community who are economically disadvantaged, suffering financial difficulties or homeless. This non-profit organization helps by providing local residents additional opportunities for funding sources which could support services and programs meeting their social, physical, and developmental needs. Basic necessities of life such as emergency food, emergency shelter and/or housing are provided based on available funding. The attached Annual Financial Report summarizes the financial activities and financial position of BPCRF for the fiscal year ended June 30, 2017. ALTERNATIVES None. ATTACHMENTS 1. BPCRF Annual Financial Report for the Fiscal Year Ended June 30, 2017 Baldwin Park Charitable Relief Foundation Statement of Net Position As of June 30, 2017 ASSETS Cash $ 10,788.70 NET POSITION Restricted Community Relief Program 8,537.20 Santa Clothes Program 3,290.00 Unrestricted Cost to Establish the Foundation (908.50) Bank Fee (130.00) TOTAL NET ASSETS $ 10,788.70 Baldwin Park Charitable Relief Foundation Statement of Activities and Changes in Net Position For the Fiscal Year Ended June 30, 2017 REVENUES AND OTHER SUPPORT Contributions Kaiser Permanente - Grant 5,000.00 Various Donations - Santa Clothes 22,790.00 Total Revenues and Other Support 27,790.00 EXPENSES Program Services Santa Clothes Program 19,500.00 Community Relief Program 1,581.80 Supporting Services Cost to Establish the Foundation 908.50 Bank Fees 130.00 Total Expenses 22,120.30 CHANGE IN NET POSITION 6,578.20 NET ASSETS AT BEGINNING OF YEAR 4,210.50 NET ASSETS AT END OF YEAR $ 10,788.70