HomeMy WebLinkAbout2018 03 21Ell q14,11104
NOTICE AND CALL
OF A
SPECIAL MEETING
OF THE
CITY COUNCIL
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
WEDNESDAY, MARCH 21, 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: March 19, 2018
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 March 21, 2018.
� ,
Alejandra Avila
City Clerk
AMENDED
E
AGENDA
CITY COUNCIL
SPECIAL MEETING .---�-��-..�.
Please note
time and
meeting
MARCH 21, 2018— "--" location
5:30 PM w .,
CITY HALL - 31 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 WHILE MEETING IS IN PROCESS
POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC C ..
OMMENTS
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
intert,:)reter 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, podr� hacerlo
durante el periodo de Comentarios del Publico
(Public Communications) anunciado en la agenda. A
cada persona se le permite hablar por tres (3)
minutos Hay un int6 arelr para su conveni
I encu.
CITY COUNCIL
AMENDED 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 (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna
emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
OPEN SESSION/STUDY SESSION
1. CALIFORNIA CONSULTING
Presentation by California Consulting Regarding Grants
RECESS TO CLOSED SESSION
2. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6)
Pursuant to Government Code Section 54957.6:
Agencdesjgnaed representatives: Shannon Yauchzee, Chief Executive Officer, and Sean
Gibbons, Coleman Frost LLP, Robert Tafoya, City Attorney
Employee Organizations: Police Officer Association; Police Management Employees
Association; Director of Recreation & Community Services; Chief Executive Officer/City
Manager.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957:
Director of Recreation & Community Services
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957:
Chief Executive Officer/City Manager
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:
5139 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
6. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9:
Potential Case(s): Four (4)
7. 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 Name: Cereceres et al., v. City of Baldwin Park, et al
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
Case No. BS163400
Case No. BC697871
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 March 21, 2018.
yAlejand'ra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library
in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at
(626) 960-4011 ext. 466 or e-mail aavilaabaldwinnark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting
will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA
TITLE ll)
MARCH 21, 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 Agencies 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, podr.J 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 intu6rprete para su
conveniencia.
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CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATIO
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Cruz Baca, Monica Garcia, Susan Rubio,
Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano
ANNOUNCEMENTS
This is to announce, as required by Government Code section 54952.3, members of the City
Council are also members of the Board of Directors of the Housing Authority and Finance
Authority, which are concurrently convening with the City Council this evening and each
Council Member is paid an additional stipend of $30 for attending the Housing Authority
meeting and $50 for attending the Finance Authority meeting.
• Proclamation Presentation recognizing March 12 — 16, 2018, as Adult Education Week.
•, Certificate Presentation recognizing the Winning Students in the Adult Education Essay
Contest.
• Plaque Presentation to the Baldwin Park Housing Authority for being awarded the
Distinction of High Performing Agency for the 5th time in 6 years.
• Certificate Presentation to Juana Mata, La Puente and Cynthia Espinoza, Baldwin Park
for their selection as 2018 Women of the Year by the Office of Assemblywoman Blanca
E. Rubio.
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 accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o
circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaracibnes o preguntas
hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar an consideracion en juntas proximas.
[Codigo de Gobiemo §54954.2]
City Council Agenda Page 2
CONSENT
items ONSEN d CALENDAR
AEND considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends that Council ratify the attached Warrants and Demands Register.
2. TREASURER'S REPORT — JANUARY 2018
Staff recommends that the City Council receive and file the Treasurer's Report:
3. REJECTION OF CLAIMS
Staff recommends that the City Council reject the following claim(s) and direct staff
to send appropriate notice of rejection to claimant(s):
Huerta, Hector Claimant alleges property damage by the
BPPD.
Pittman, James Claimant alleges property damage by the
BPPD.
4. MEETING MINUTES
Staff recommends that Council receive and file the following Meeting Minutes:
4A. Meeting Minutes of the Regular Housing Authority and Finance Authority
Meetings held on February 21, 2018.
4B. Meeting Minutes of the Special and Regular City Council Meetings held on
March 7, 2018.
5. ACCOUNTING RELATED POLICIES & PROCEDURES.
Staff recommends that the City Council review and approve the following accounting
policies and procedures:
1. Purchasing Policy and Procedures
2. Credit Card Policy and Procedures
3. Travel Policy and Procedures
4. Federal Awards Administration Policy and Procedures
5. ACH and Wire Transfer Policy and Procedures
6. ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE PUBLISHING NOTICE
INVITING BIDS FOR CITY PROJECT NO. 2018-0239- CONCRETE IMPROVEMENTS
VARIOUS LOCATIONS CITYWIDE.
Staff recommends that the City Council accept the plans and specifications and
authorize publication of a Notice Inviting Bids for the construction of City Project No.
2018-0239 Sidewalk and Concrete Improvements, Various Locations Citywide.
City Council Agenda
Page 3
7. ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE PUBLISHING
NOTICE INVITING BIDS FOR CITY PROJECT NO. 2018-0221- BUS
IMPROVEMENTS PROJECT — PHASE II.
Staff recommends that the City Council approve plans and specifications for the Bus
Stop Improvement Project Phase 11 (City Project No. 2018-0221) and authorize staff
to advertise the Notice Inviting Bids.
8. RESOLUTION NO. 2018-232 INITIATING THE PROCEEDINGS AND ORDERING
PREPARATION OF THE ENGINEER'S REPORT FOR THE, CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR
FY 2018-2019.
Staff recommends that the City Council adopt City Council Resolution No. 2018-
232 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE
PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S
REPORT FOR THE FY2018-19 LEVY OF ANNUAL ASSESSMENTS FOR THE
CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE
STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE"
9. RESOLUTION NO. 2018-233 INITIATING PROCEEDINGS AND ORDERING
PREPARATION OF THE ENGINEER'S REPORT FOR THE PARKS
MAINTENANCE ASSESSMENT DISTRICT FOR THE FY 2018-2019.
Staff recommends that the City Council adopt City Council Resolution No. 2018-
233 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE
PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S
REPORT FOR THE FY2018-19 LEVY OF ANNUAL ASSESSMENTS FOR THE
CITY OF BALDWIN PARK PARKS MAINTENANCE ASSESSMENT DISTRICT"
10. RENEWAL OF GRANT WRITING SERVICES CONTRACT WITH CALIFORNIA
CONSULTING, LLC.
Staff recommends the City Council to:
1. Approve the Consultant Services Agreement with California Consulting, LLC; and
2. Authorize the Director of Finance to appropriate funds to cover the cost related to
the grants applied for including but not limited to General Fund, Prop A Fund, or
Future Development Fund; or
3. Provide staff direction.
City Council Agenda
Page 4
11. SECOND READING OF ORDINANCE NO. 1405, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING SECTION
153.170.090.C, AMENDING TABLE 153.170.080 AND AMENDING THE TITLE OF
SUBSECTION 153.170.090 RELATING TO ELECTRONIC READERBOARD
SIGNS.
Staff recommends that the City Council adopt Ordinance No. 1405 on second
reading, read by title only, and waive further reading thereof.
12. RATIFY AND ADOPT RESOLUTIONS APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF BALDWIN PARK AND THE
BALDWIN PARK POLICE ASSOCIATION (BPPA); AND APPROVE
RESOLUTIONS UPDATING THE PAY SCHEDULES REFLECTING SALARY AND
BENEFIT ADJUSTMENTS IN ACCORDANCE WITH CALPERS ESTABLISHED
GUIDELINES.
Staff recommends that the City Council City Council approve, ratify and adopt:
1. Adopt City Council Resolution No. 2018-234, entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
APPROVING THE MEMORADUMN OF UNDERSTANDING (MOU) WITH
BALDWIN PARK POLICE ASSOCIATION (BPPA)"; AND
2. Adopt City Council Resolution No. 2018-235, entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
UPDATING THE COMPREHENSIVE CITY OF BALDWIN PARK PAY
SCHEDULE TO REFLECT SALARY ADJUSTMENTS EFFECTIVE JANUARY 1,
2018, IN ACCORDANCE WITH APPROVED MEMORANDUM OF
UNDERSTANDINGS, RESPECTIVELY, AMENDED BENEFIT MATRICES AND
STATE MANDATED WAGE ADJUSTMENTS"; AND
3. Adopt City Council Resolution No. 2018-236, entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
UPDATING THE COMPREHENSIVE CITY OF BALDWIN PARK PAY
SCHEDULE TO REFLECT SALARY ADJUSTMENTS EFFECTIVE MARCH 25,
2018, IN ACCORDANCE WITH APPROVED MEMORANDUM OF
UNDERSTANDINGS, RESPECTIVELY, AMENDED BENEFIT MATRICES AND
STATE MANDATED WAGE ADJUSTMENTS"; AND
4. Adopt City Council Resolution No. 2018-237, entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
UPDATING THE COMPREHENSIVE CITY OF BALDWIN PARK PAY
SCHEDULE TO REFLECT SALARY ADJUSTMENTS EFFECTIVE JULY 1,
2017, IN ACCORDANCE WITH APPROVED MEMORANDUM OF
UNDERSTANDINGS, RESPECTIVELY, AMENDED BENEFIT MATRICES AND
STATE MANDATED WAGE ADJUSTMENTS"; AND
City Council Agenda
Page 5
5. Adopt City Council Resolution No. 2018-238, entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
UPDATING THE COMPREHENSIVE CITY OF BALDWIN PARK PAY
SCHEDULE TO REFLECT SALARY ADJUSTMENTS EFFECTIVE DECEMBER
1, 2017, IN ACCORDANCE WITH APPROVED MEMORANDUM OF
UNDERSTANDINGS, RESPECTIVELY, AMENDED BENEFIT MATRICES AND
STATE MANDATED WAGE ADJUSTMENTS"; AND
6. Adopt City Council Resolution No. 2018-239, entitled, "A RESQLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
UPDATING THE COMPREHENSIVE CITY OF BALDWIN PARK PAY
SCHEDULE TO REFLECT SALARY ADJUSTMENTS EFFECTIVE OCTOBER 4,
2017, IN ACCORDANCE WITH APPROVED MEMORANDUM OF
UNDERSTANDINGS, RESPECTIVELY, AMENDED BENEFIT MATRICES AND
STATE MANDATED WAGE ADJUSTMENTS"; AND
7. Authorize the Finance Director to
appropriations.
complete budget amendments and
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY
DEVELOPMENT COMMISSION
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.
SA -1 SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF BALDWIN PARK WARRANTS AND DEMANDS.
Staff recommends that Council, acting as governing body of the Successor Agency,
ratify the attached Warrants and Demands Register.
PUBLIC HEARINGS
13. A REQUEST FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE
AMENDMENT BY ORDINANCE TO MODIFY CHAPTER 127 (COMMERCIAL
CANNABIS) BY INCREASING THE NUMBER OF PERMITS PERMITTED FROM
FIFTEEN TO TWENTY-FIVE.
Staff recommends that the City Council conduct a Public Hearing and, thereafter,
waive the first reading and adopt by title only, Ordinance No. 1408, entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
CALIFORNIA, AMENDING THE MUNICIPAL CODE CHAPTER 127 — MEDICAL
AND ADULT USE OF COMMERCIAL CANNABIS"
City Council Agenda
Page 6
14. A REQUEST FOR CONSIDERATION OF A RECOMMENDATION OF APPROVAL
BY THE PLANNING COMMISSION TO THE CITY COUNCIL ON MULTIPLE
ZONING AND GENERAL PLAN LAND USE CHANGES WHICH WOULD
ACHIEVE CONSISTENCY BETWEEN THE GENERAL PLAN LAND USE MAP
AND ZONING MAP FOR SPECIFIC PLAN 13-01 (ROEM PROJECT-RAMONA
BLVD./BOGART STREET), SPECIFIC PLAN 14-01 (INDIGO PROJECT-
BALDWIN PARK BLVD./MERCED AVENUE), SPECIFIC PLAN 15-01
(DOWNTOWN TRANSIT ORIENTED SPECIFIC PLAN) AND SPECIFIC PLAN 16-
01 (PACIFIC VILLAS -PACIFIC AVENUE) (LOCATION: VARIOUS: CASE
NUMBERS: AGP-119 AND Z-556).
Staff and the Planning Commission recommend that the City Council open the
public hearing, accept testimony and following the public hearing:
1. Adopt City Council Resolution No. 2018-230, entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
ADOPTING THE FINDINGS OF FACT AND APPROVING GENERAL PLAN
LAND USE AMENDMENTS TO ACHIEVE CONSISTENCY (LOCATION: SP 13-
01, SP 14-01, SP 15-01, AND SP 16-01; APPLICANT: CITY OF BALDWIN
PARK; CASE NUMBER: AGP-119)"
2. Introduce for first reading, by title only and waive further reading,
Ordinance No. 1409, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING THE FINDINGS OF
FACT AND APPROVING ZONING DESIGNATIONS ON PROPERTIES WITHIN
SPECIFIC PLAN AREAS WHICH ARE CONSISTENCY EDITS THAT HAVE
BEEN PREVIOUSLY APPROVED BY THE CITY COUNCIL (LOCATIONS:
PLAN 13-01 (ROEM PROJECT-RAMONA BLVD./BOGART STREET),
SPECIFIC PLAN 14-01 (INDIGO PROJECT- BALDWIN PARK BLVD./MERCED
AVENUE), SP 15-01 (DOWNTOWN TRANSIT ORIENTED SPECIFIC PLAN)
AND SPECIFIC PLAN 16-01 (PACIFIC VILLAS -PACIFIC AVENUE);
APPLICANT CITY OF BALDWIN PARK; CASE NUMBER Z-556).
REPORTS OF OFFICERS
15. THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL
YEAR 2016-2017.
Staff recommends that the City Council receive and file the City of Baldwin Park's
CAFR for fiscal year ended June 30, 2017 and all accompanying reports.
City Council Agenda
Page 7
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request by Council Member Susan Rubio for discussion and consideration:
Direction for staff to start a planning process for aging members of our community
covering topics such as transportation, housing, and in-home care.
Establish a City partnership with the School District in an intervention 'program for
returning Veterans and for students in regards to education, employment, and housing.
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 15th day of March,
2018,
lej°ndra Ayia
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for
public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of
Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011
ext. 466 or via e-mail at aavila@)baldwigpg k.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will
enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda
Page 8
ITEM NO.
STAFF REPORT
LO TO: Honorable Mayor and City Councilmembers
rma ;' FROM: Rose Tam, Director of Financ
DATE: March 21 2018
w LrY , ,"
•, 'µ SUBJECT: WARRANTS AND DEMANDS
jp'1401 ,
S11MMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.
FISCAL IMPACT
The payroll for the last period was $475,431.55 and the attached General Warrants Register were $1,773,841.98
for a total amount of $2,249,273.53.
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register„
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California
Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and
for the authorization from the department head or its designee. Pursuant to Section 37208 of the California
Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the
demands hereinafter referred. Payments released since the previous City Council meeting and the following is a
summary of the payment released:
1. The payroll of the City of Baldwin Park consist of check numbers 199294 to 199321. Additionally,
Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from
control number 5410 to 5667 for the period of February 11, 2018 through February 24, 2018, inclusive;
these are presented and hereby ratified in the amount of $475,431.55
2. General Warrants, including bank drafts and checks, with bank draft numbers 554 to 805, and check
numbers from 218436 to 218691 in the total amount of $1,773,841.98 constituting of claims and
demands against the City of Baldwin Park, are herewith presented to the City Council as required by
law, and the same hereby ratified.
City of Baldwin Park, CA
Packet; PYPKT00559 - PP#OSCC 02/28/18
Payroll Set: Payroll Set 01- 01
Payroll Check Register
Direct Deposits
Employee
Emp I oyee #
Date
Amount
Number
AVILA, ALEJANDRA
5, g " A1111:
02/28/2018
2,065.36
5410
BACA SEMBELLO, CRUZ B
5-04,20
02/28/2018
2,352.22
5411
GARCIA, RAQUEL MONICA
E!35!ill
02/28/2018
2,139.46
5412
LOZANO, MANUEL
!iQ25Q1
02/28/2018
2,223.01
5413
PACHECO, RICARDOK1295
02/28/2018
2,224.69
5414
PACHECO, RICARDO
22 50�
02/28/2018
150,00
5414
PACHECO, RICARDO
Ksmi
02/28/2018
20.00
5414
RUBIO, SUSAN
02/28/2018
2,435.80
5415
CONTRERAS, MARIA A
02/28/2018
1,500.52
5416
2/27/2019 12.57:13 Phl Fage 2 nf':�
Al
u of ,
City of Baldwin Park, CA
C)
biro E'
Packet: PYPKT00559 - PP#05CC 02/28/18
Payroll Set. Payroll Set 01- 01
Type
Regular Checks
Manual Checks
Reversals
Voided Checks
Direct Deposits
Total
Count
0
Amount
0.00
0.00
0.00
0.00
ffdj=
Payroll Check Register
Report Summary
Pay Perlod: 2/1/2018-2/28/2018
-- ------ - -
713 NIA Page 4 of14
City of Baldwin Park, CA
Packet: PYPKTOO562 - PP#05BW 03/01/18
Payroll Set: Payroll Set 01- 01
Payroll Check Register
Checks
Pay Period: 2/11/2018-2/24/2018
Employee
Employee #
Check Type
Date
Amount
Number
GUERRERO III, EDWARD K
504853
Regular
03/01/2018
200.58
199294
HEMENWAY, MICHAEL L
02318
Regular
03/01/2018
4,013.14
199295
NUNO, FRANCISCA
50312$,
Regular
03/01/2018
2,089.33
199296
VELEBIL, ANDREW D
02868
Regular
03/01/2018
3,600.05
199297
ALVAREZ, MARTHA P
502531
Regular
03/01/2018
841.58
1992982
BURGOS, RAMON D
503131
Regular
03/01/2018
999.84
199299/
CANSECO,JORGE
503781
Regular
03/01/2018
1,375.49
199300
GOMEZ,JOSEMrill"13�,/4
Regular
03/01/2018
1,383.50
199301
GOMEZ, RENE
5DA8
Regular
03/01/2018
453.08
199302
GRANADOS, FERNANDO
503660
Regular
03/01/2018
1,572.33
199303
AVILA, DAVID
.5Q=
Regular
03/01/2018
483.04
199304
BARRERAS, CHRISTINA M
504224
Regular
03/01/2018
128.04
199305 ✓
GARCIA, RICARDO JAVIER
15 Q'1, k0"tui
Regular
03/01/2018
48.50
199306/
HERNANDEZ, ANA T
504821
Regular
03/01/2018
292.93
199307
HERNANDEZ, ARTURO S
51Q14(50 ;,
Regular
03/01/2018
415.83
199308
LOPEZ, ADAM J
5 0.43U
Regular
03/01/2018
86.22
199309
MARROQUIN-GONZALEZ, MIC504594
Regular
03/01/2018
93.26
199310
MEDIANO, ELIAS D
504660
Regular
03/01/2018
244.88
199311
MEZA-AVILA, JANET
5-Q48.7Q.
Regular
03/01/2018
72.53
199312
NAIERA MARTINEZ, STEVEN
P 5()4 829
Regular
03/01/2018
93.26
199313
NAVARRO, JENNIFER
Regular
03/01/2018
354.06
199314
RIVERA, JESSICA R
o4sox
Regular
03/01/2018
300.67
199315
RODRIGUEZ, CHRISTA S
14
Regular
03/01/2018
64.66
199316
RODRIGUEZ, MICHAEL A
55..8.4.3
Regular
03/01/2018
207.24
199317
SAENZ, ALEXANDRA
S01�1.�1._%,
Regular
03/01/2018
465.51
199318/
VALENZUELA,RICHIE
`11 a6G'
Regular
03/01/2018
93.26
199319
VELASCO, ALAN
504839
Regular
03/01/2018
404.08
199320
VILLANUEVA, FRANCISCO J
U zjzJ ! P
Regular
03/01/2018
307.35
199321
2./28/20181J;,42:46 I11MBG Mage t of 13
pJJr7 S",,
- auw,t
City of Baldwin Park, CA
Packet: PYPKTOO562 - PP#05BW 03/01/18
Payroll Set: Payroll Set 01- 01
Payroll Check Register
Direct Deposits
Pay Period: 2/11/2018-2/24/2018
Employee
Employee #
Date
Amount
Number
ALVAREZ, MARTHA P
Nau. 1;p..1.
03/01/2018
972.00
199298,-/
BURGOS, RAMON D
5031 1 3 G,
03/01/2018
255.00
1992991
BARRERAS, CHRISTINA M
;;. 7 d4
03/01/2018
1.29
199305,
GARCIA, RICARDO JAVIER
mrCJ488(3
03/01/2018
0.00
199306/
SAENZ,ALEXANDRA
°rC.D.44...U4
03/01/2018
0.00
199318/
BIGLEY, ELAINE C
504262
03/01/2018
942.42
5417
CABALLERO, ROSA 1
�7.Q.31537
03/01/2018
1,999.61
5418
CUTLER, ANDREA A
50410,11
03/01/2018
739.57
5419
ESPINOSA, JOANNA
50".Y42.9.5
03/01/2018
450.00
5420
ESPINOSA, JOANNA
U4��1„y.
03/01/2018
200.00
5420
ESPINOSA, JOANNA
504295
03/01/2018
200.00
5420
ESPINOSA, JOANNA
sC7 0, e}°1a..
03/01/2018
1,122.78
5420
HSU, MARK
-011
03/01/2018
2,118.91
5421
MORRIS, ROBIN M
„.7..�7...„$,,d,
03/01/2018
100.00
5422
MORRIS, ROBIN M
-1100 6 s;T
03/01/2018
1,647.86
5422
MORTENSEN, DAVID D
;»Q 4,. 2_`.
03/01/2018
1,573.32
5423
PALACIOS, CINDY A
5.0'332 5
03/01/2018
1,048.41
5424
THOMAS, LAURA JENEAN
/,�pll �0�, 2
03/01/2018
4,124.03
5425
TRUJILLO, MELISSA B
504559
03/01/2018
1,709.65
5426
YAUCHZEE, SHANNON A
5Q.4612
03/01/2018
1,100.00
5427
YAUCHZEE, SHANNON A
!11b ;j
03/01/2018
4,011.76
5427
ANSON, MARIA TERESITA M
;304.54.11.
03/01/2018
2,853.43
5428
BADILLO, MARIA
50 3"W"y;3,
03/01/2018
20.00
5429
BADILLO, MARIA
1505 5"4:Ti
03/01/2018
1,604.77
5429
BROELLOS, RONALD H
G_.iwti.;;�_a,,.
03/01/2018
750.00
5430
BROELLOS, RONALD H
50 33,,"3, Q,
03/01/2018
1,305.00
5430
CEBALLOS, ANTHONY
20!1854
03/01/2018
50.00
5431
CEBALLOS, ANTHONY
(1 l4 a .
03/01/2018
1,712.84
5431
CHEUNG, GAVIN J
°7t]47 d;ffi
03/01/2018
1,646.72
5432
HAMILTON, STEPHANIE ALYSSA
15.0.48-72
03/01/2018
520.12
5433
HERNANDEZ, JESUS
504825.
03/01/2018
350.16
5434
JAIME, PATRICIA A
50 3488. ,
03/01/2018
1,540.70
5435
RAMOS, HANNY YVONNE
„:.C7.'j.j'2'.
03/01/2018
50.00
5436
RAMOS, HANNY YVONNE
50.3.94 2,
03/01/2018
50.00
5436
RAMOS, HANNY YVONNE
5.0.3.9.�..2.,
03/01/2018
100.00
5436
RAMOS, HAN NY YVON N E
503.942..,
03/01/2018
902.28
5436
RAMOS, HANNY YVONNE
!.1,1.3.2,
03/01/2018
500.00
5436
RIVERA, SHARON A
03/01/2018
1,810.84
5437
TAM, HONG
5.04.1,.7 7,
03/01/2018
500.00
5438
TAM, HONG
Q4.1 J;
03/01/2018
4,448.76
5438
ACUNA, ADAMS
Ch2,.r#_1
03/01/2018
600.00
5439
ACUNA, ADAM 5
0.2881
03/01/2018
2,315.34
5439
ADAMS, JASON K
02400
03/01/2018
3,042.95
5440
ADAMS, JASON K
7;
KT00562 - PP#05BW 03/01/18
at: Payroll Set 01- 01
ji,uqk• ',i cif !I i
2128/2018 3,4746 P01
Amount
Number
Efliptoyee
Employee #
Date
03/01/2018
2,931.60
5448
BARRIOS, ERNEST A
Q4 �8
— A
03/01/2018
4,596.92
5449
BARTOLOTTI, JOSEPH D
WOK
03/01/2018
2,563.56
5450
BERUMEN, MARK A
U073.
'-�
03/01/2018
300-00
5450
BERUMEN, MARK A
Q 2, � $7
03/01/2018
3,752.58
5451
BLACKBURN, SHAWN C
Q2 %3a -
03/01/2018
2,241.14
5452
CAMACHO, ERIC
Qi4j 5,
03/01/2018
2,228.56
5453
CARR, ROSARIO B
03/01/2018
2,677.30
5454
CASTRO,JOSE
03/01/2018
4,499-90
5455
CERVANTES, NOE
03/01/2018
4,606.53
5456
CETINA, GONZALO E
DA 4 L
03/01/2018
3,160.56
5457
CHILE, CARMEN C
03/01/2018
4,185.07
5458
COLEY, GREGORY M
MQ5
03/01/2018
1,443.94
5459
DAVILA, LILIANA
aQiDoz
03/01/2018
25.00
5460
DENA, PATRICIA C
1503 i A 7'
03/01/2018
300-00
5460
DENA, PATRICIA C
V.
03/01/2018
1,313.97
5460
DENA, PATRICIA C
50112,
03/01/2018
75.00
5461
ESPANTO, TED C
Q179i
03/01/2018
250-00
5461
ESPANTO, TED C
- -i9l
03/01/2018
4,770-91
5461
ESPANTO, TED C
1 d, J-
03/01/2018
830.00
5462
ESPARZA, ROSA
03/01/2018
1,188.80
5462
ESPARZA,ROSA
03/01/2018
1,533.95
5463
ESPINOZA, CYNTHIA
03/01/2018
3,006.52
5464
FELTON, RYAN T
03/01/2018
3,835.70
5465
FINDLEY, RAYMOND E
Q2592.
03/01/2018
470.99
5466
FIND, MARCUS R
ao,41574
03/01/2018
1,348.15
5467
GALCERAN, MELISSA A
5046ai
03/01/2018
2,067.19
5468
GALE, TIMOTHY A
941V
03/01/2018
1,485-86
5469
GALLEGOS, JAMES E
03/01/2018
1,000.00
5469
GALLEGOS, JAMES E
QZ� 4
03/01/2018
1,600.00
5469
GALLEGOS, JAMES E
()"k1!11'i41k1.1
03/01/2018
2,779.11
5470
GAMBOA, OTONIEL
C -1 6I
03/01/2018
3,282.06
5471
GONZALEZ, NORMAN E
-N,.�K
03/01/2018
492.04
5472
GUERRERO, BREANNA M
50M.2z
03/01/2018
2,840.72
5473
GUERRERO, RUBEN
03/01/2018
250.00
5474
HENDRICKS, JOSHUA N
03/01/2018
2,779.94
5474
HENDRICKS, JOSHUA N
03/01/2018
548.71
5475
HERRERA, MARTIN
03/01/2018
2,194.85
5475
HERRERA, MARTIN
Q,61VV
03/01/2018
600.00
5476
HOENES, IRMA F
5Q,3414
03/01/2018
764.49
5476
HOENES, IRMA F
5 0"3 1A
03/01/2018
4,956.57
5477
HOFFORD, CHRISTOPHER P
03/01/2018
2,420.00
5478
HOLGUIN, STEPHAN C
03/01/2018
200-00
5479
HONEYCUTT, JEFFREY
W5du
03/01/2018
4,624.29
5479
HONEYCUTT, JEFFREY
03/01/2018
100.00
S479
HONEYCUTT, JEFFREY
03/01/2018
2,211.69
5480
HUERTA, DIANA
03/01/2018
100.00
5480
HUERTA, DIANA
03/01/2018
3,328.75
5481
HUERTA, JORGE
03/01/2019
2,958-60
5482
ISAGAWA, KIYOTAKE
Q41 14
03/01/2018
3,124.77
5493
IZZO, JAMES J
Q414112
03/01/2018
2,752.59
5484
JIMENEZ, JR, JOSE L
QN91
03/01/2018
1,274.23
5485
KHOR, CHNEH KIAN
UqW'5(�
03/01/2018
1,414.30
5486
KLING, LISA D
SQ195
03/01/2018
1,581.16
5487
KOLBACH, JAMES R
Q195.5
03/01/2019
1,750.00
5487
KOLBACH, JAMES R
ai 95 tb
03/01/2018
3,661.67
5488
KOSAKA, DARRYL R
N004
03/01/2018
300-00
5489
KUBERRY, CHRISTOPHER R
03/01/2018
4,107.25
5489
KUBERRY, CHRISTOPHER R
03/01/2018
500-00
5489
KUBERRY, CHRISTOPHER R
ji,uqk• ',i cif !I i
2128/2018 3,4746 P01
Packet: PYPKTOO562 - PP#05BW 03/01/18
Payroll Set: Payroll Set 01- 01
Employee
Employee ft
Date
Amount
Number
I,AR1W4-'., ROHEwr L
a142r
-5
03/01/2018
850.00
5490
1ARI VEF, RORER'1''
olqA6
03/01/2018
150.00
5490
1 ARIVEE, BOBER r k
04426
03/01/2018
1,466.13
5490
LF, RON N
028913
03/01/2018
3,291.84
5491
I -EON, DAVID
028,36,
03/01/2018
2,697.89
5492
LEON, -1 NOMAS
114411
03/01/2018
2,951.40
5493
LEON, VANESSA M
504040
03/01/2018
50.00
5494
LEON, VANESSA M
X111 p13.
03/01/2018
1,832.30
5494
LOPEZ, NICHOLAS S
fi 1.G
03/01/2018
1,833.33
5495
MADSEN, DOLORES M
03/01/2018
1,553.01
5496
MANJARREZ, ESTEBAN
1) 8 8
-- -- --------
03/01/2018
3,201.80
5497
MC AVOY, TODD
Q?'Vldc
03/01/2018
2,984.86
5498
MC AVOY, TODD
D 2 111 6 1,
03/01/2018
200.00
5498
MEISTER, JOSEPH P
02501
03/01/2018
6,294.55
5499
MEISTER, JOSEPH P
0250-/
03/01/2018
600.00
5499
MONTGOMERY, JOHN M
02?$i
03/01/2018
1,622.65
5500
MONTGOMERY, JOHN M
11_2285
03/01/2018
1,600.00
5500
MORALES, KARINA
5Q e p
03/01/2018
2,634.35
5501
MORENO, JANAE ELIZABETH
5r)4181181
03/01/2018
386.93
5502
MURILLO, SILVIA
03/01/2018
1,147.37
5503
MURILLO, SILVIA
1104146
03/01/2018
150.00
5503
NEWTON, DONALD S
01108
03/01/2018
120.00
5504
NEWTON, DONALD S
911408
03/01/2018
2,454.58
5504
OGAS, RICHARD
112_k3."; 9
03/01/2018
4,021.48
5505
ORDONEZ, CARLOS
554IrE3()
03/01/2018
1,662.38
5506
ORELLANA GALINDO, IRNE
M s4
03/01/2018
2,297.85
5507
ORELLANA GALINDO, IRNE
134 24
03/01/2018
255.32
5507
ORTIZ, GABBY V
5048-38
03/01/2018
1,576.58
5508
PALOMARES, SARAH 1
03/01/2018
386.93
5509
PARNELL, DOUGLAS A
02208
..... .. . ......... .
03/01/2018
4,334.62
5510
PARRA, EDWIN J
QA A -10.
03/01/2018
2,482.00
5511
PATINO, JOHNNY F
13.2131.1„.°
03/01/2018
3,401.12
5512
PEREIDA, ELIZABETH G
.50311
03/01/2018
1,592.05
5513
PEREIDA, ELIZABETH G
5C) 31 12
03/01/2018
310.00
5513
PINEDA, VANESSA E
5 -0 16
03/01/2018
1,750.35
5514
RAMIREZ, KEVIN A
5016,70
03/01/2018
200.58
5515
REAL, FRANCISCO J
03/01/2018
3,505.67
5516
REYES, VIVIAN R
5018 86
03/01/2018
100.00
5517
REYES, VIVIAN R
5, U 18 8 6
03/01/2019
4,059.55
5517
RICCHIO, GREG
_5 'DA! 23,
03/01/2018
1,609.49
5518
RIVEROS, SAMUEL S
04-1221
03/01/2018
2,526.31
5519
RODAS, ISRAEL A
()442-1,,
03/01/2018
1,600.00
5520
RODAS, ISRAEL A
1.0,14 21.
03/01/2018
1,944.30
5520
RODRIGUEZ, ALEXIS
021397
03/01/2018
3,921.89
5521
RODRIGUEZ, JESSICA R
Q2896
- - -----------
03/01/2018
3,235.02
5522
ROOT, WILLIAM Rj,.Q.
,12,
03/01/2018
3,480.51
5523
RUBIO, LILIANA
50264-.,
03/01/2018
2,126.28
5524
SAENZ, KRYSTAL
5O 3 532'),
03/01/2018
200,00
5525
SAENZ, KRYSTAL
503 5 Q.9
03/01/2018
861.64
5525
SANTIAGO, KIMBERLY
03/01/2018
788.57
S526
SANTIAGO, KIMBERLY
03/01/2018
788.59
5526
SERRATO, JUAN C
03/01/2018
3,845.19
5527
STEHLY, MELISSA K
02212
03/01/2018
4,202.79
5528
TAPIA, EDWIN
Q Z, �'Ro
03/01/2018
3,751.92
5529
TAYLOR, MICHAEL R
01;,° 186
03/01/2018
6,203.81
5530
TAYLOR, MICHAEL R
-(-)-I S1116
03/01/2018
625.00
5530
VALDEZ, JANICE M
5 011 Ell -G_43,
03/01/2018
492.84
5531
VALDIVIA, LUIS
02823
03/01/2018
2,671.37
5532
VILLALOBOS, ANDRES A
03/01/2018
2,700.85
5533
2128/2018 3A7A6 PIVI P rekcz 4 of U3
Packet: PYPKT00562 - PP#05BW 03/01/18
Payroll Set: Payroll Set 01- 01
Etnployee
Emptovee, #
Date
Amount
Nurnber
WENER, PHILLIP R
03/01/2018
3,105.43
5534
ZENDEJAS, WILLIAM
03/01/2018
2,922.74
5535
AGUILERA, LAURA V2-7()
6
03/01/2018
826,17
5536
AGUILERA, LISETH
.504113
03/01/2018
1,605.60
5537
AGUINAGA, NINA M
501_
03/01/2018
125.00
5538
AGUINAGA, NINA M
5(m (IN
03/01/2018
40.00
5538
AGUINAGA, NINA M
5D460 1,
03/01/2018
1,30136
5538
BRAVO, MICHELLE
03/01/2018
975.00
5539
BRAVO, MICHELLE
50309-).
03/01/2018
774.13
5539
DE ANDA, JESUS A
03/01/2018
485.83
5540
FIERRO, LAURA
15011199
03/01/2018
1,621.32
5541
FLORENCE, ELIZABETH A
5014'83
03/01/2018
547.09
5542
GAGE, SEAN M
504746
03/01/2018
1,943.11
5543
HARBIN, AMY
4,1224 ;-j
03/01/2018
2,842.78
5544
MOTH, NANCY
150 2 -7 - 1
03/01/2018
1,120.31
5545
ROMO, GUSTAVO J
SQAE)6-5.
03/01/2018
4,266.29
5546
RUELAS, SUZIE
5501 99,11„
03/01/2018
500,00
5547
RUELAS, SUZIE99
1-
03/01/2018
500.00
5547
RUELAS, SUZIE
50199j
03/01/2019
2,060.32
5547
SALCEDA, FABIOLA
5 Q "i 5 2 3•
03/01/2018
1,468.79
5548
TELUEZ, ABRAHAM
""01 (
A'.Q
03/01/2018
2,710.65
5549
TERAN, MICHAEL
)'Q'3-725
03/01/2018
2,075.92
5550
VIRAMONTES, VICTOR H
vbQn&&
03/01/2018
2,309.46
5551
WASHINGTON, ESTHER M
03/01/2018
477.94
5552
AGUIRRE, CARLOS A
Q.3 f2A.
03/01/2018
1,933.10
5553
BRAVO, HUMBERTO
5 03 9 33 4
03/01/2018
1,148.15
5554
BRAVO, HUMBERTO
150 313.14
m
03/01/2018
100.00
5554
CALDERA, MARK D
03/01/2018
1,143.42
5555
CARDIEL, TIMOTHY A
03/01/2018
1,585.05
5556
CESENA, ART F
03/01/2018
1,269.36
5557
COUCHMAN, STEPHEN J
03/01/2018
1,760.49
5558
DITTO, ADAM W
5046 - f.5 I ' L
03/01/2018
1,392.61
5559
FIDLER, CHASE JACOB
L;QM031
03/01/2018
1,818.27
5560
GARCIA, IGNACIO
5):PSB:.),. 2
03/01/2018
944.63
5561
GUTIERREZ, SAMUEL
51) 4 67913
03/01/2018
1,796.79
5562
GUTIERREZ, SAMUEL
50,16%31
03/01/2018
1,500.00
5562
KINMANJIM
E12492
03/01/2018
453.08
5563
LICITRA, GUISEPPE A
.50 31�13113-51
03/01/2018
1,930,28
5564
LICITRA, GUISEPPE A
03/01/2018
100.00
5564
LLAMAS, GABRIEL
03/01/2018
422.35
5565
LOPEZ, DAVID
503460
03/01/2018
1,630.87
5566
LOPEZ, DAVID
4
03/01/2018
220.50
5566
MACH UCA, DAVID J
614 dpi 1,
03/01/2018
422.35
5567
MAGALLANES, CESAR J
!�r_13.11L-9
03/01/2018
60.00
5568
MAGALLANES, CESAR J
5 () 3,.'.aQ Qi
03/01/2018
747.32
5568
MARTINEZ, GEORGE
5 Q 2 2.ch.'"5
03/01/2018
500.00
5569
MARTINEZ, GEORGE
5 4)5i
03/01/2018
1,716.56
5569
MARTINEZ, RUBEN R
504
03/01/2018
457.90
5570
MCENTEE, JOSEPH C
50,1754
03/01/2018
438.31
5571
MEDINA, MARIO
!0215 5 3
03/01/2018
100.00
5572
MEDINA, MARIO
"QO2 56 6
03/01/2018
1,170.34
5572
MEZA, LAWRENCE R
03/01/2018
1,013.56
5573
NOVOA, STEVEN A03/01/2018
--- -- ------ --
1,241.31
5574
PALACIOS, STEVEN
`047512
03/01/2018
427.71
5575
PENA,RAFAEL
5 0 7.3,3 9
03/01/2018
240.00
5576
PENA,RAFAEL
F) Q, $, 39
03/01/2018
20.00
5576
PENA,RAFAEL
X245'55,_, 9,
03/01/2018
1,347.09
5576
RODRIGUEZ, DONALD A
5 G 2 1 "y°a
03/01/2018
1,889.87
5577
RODRIGUEZ, DONALD A
03/01/2018
40.00
5577
2123/2018 -3:47:46 PIM
Packet: PYPKTOO562 - PP#05BW 03/01/18
Payroll Set: Payroll Set 01- 01
Employee -Employee
#
Date
Amount
Number
ROMERO, JONATHAN
504171
03/01/2018
1,193.87
5578
RUBIO, FERNANDO
50'M . 5 j �16'
03/01/2018
1,784.23
5579
VALDES URENA, JOSE J
504588
03/01/2018
1,282.71
5580
VALVERDE, VICTORIA
502176
03/01/2018
2,024.74
5581
VALVERDE, VICTORIA
502176
03/01/2018
350.00
5581
VARGAS, GUILLERMO G
504721
03/01/2018
183.54
5582
VAZQUEZ, ANTONIO
503120
........ . . .... .. I
03/01/2018
400.50
5583
VAZQUEZ, ANTONIO
503120
03/01/2018
1,941.86
5583
ACEVEDO, JUAN CARLOS H
?;'ply 5_9fi
03/01/2018
336.18
5584
ALCALA-QUEZADA, LORENZO ALEXAP5D4BZ2
03/01/2018
162.07
5585
ALEXANDER, TERESA A
504216
03/01/2018
635.27
5586
ARENAS, LILIA
5 0.4 � 1j IV, ()
03/01/2018
233.66
5587
ARENAS, LILIA
504880
03/01/2018
25.00
5587
AREVALO, KIMBERLY Y
504723
03/01/2018
391.67
5588
BACA 11, JESUS
5.0.4.18 3,
03/01/2018
1,117.56
5589
BADILLO, JOCELYN
504637
03/01/2018
292.26
5590
BARALES-CARAVANTES, THELMA Y
502439
03/01/2018
234.33
5591
CABRERA, NATALIE
504608
03/01/2018
266.66
5592
CANONGO, LEONEL
03/01/2018
149.55
5593
CARBAJAL, VANESSA
5-Q-3.3 2-Q.
03/01/2018
100.00
5594
CARBAJAL, VANESSA
503320
03/01/2018
1,129.85
5594
CARRILLO, JOHN J
503834
03/01/2018
377.09
5595
CARRILLO, JR, MANUEL
502527
03/01/2018
1,000.00
5596
CARRILLO, JR, MANUEL
502527
03/01/2018
3,559.13
5596
CERVANTES, MARK
5„Q4,1$7.
03/01/2018
174.78
5597
CHAVEZ, MARIA B
503275
03/01/2018
556.63
5598
CHIPRES, MELISSA
!11MT5W5'
03/01/2018
493.46
5599
CLARK, ADRIANA L
50-3.9Q3
03/01/2018
512.12
5600
CORTEZ, CYNTHIA V
504668
03/01/2018
498.53
5601
CORTEZ-DURAN, DORA N
504520
03/01/2018
335.80
5602
COX, MATTHEW A
504784
03/01/2018
307.38
5603
CRELENCIA, JASON
5046k^1.
03/01/2018
594.03
5604
DANIEL-MALDONADO, TYLER VANES.5_0.jt,46,,V
03/01/2018
93.26
5605
DE LA CRUZ-RAMIREZ, LUIS GERARD( 50�71
03/01/2018
82.89
5606
DOROTEO FELICIANO, ALMA GLORIA
03/01/2018
172.81
5607
ESPINOSA, FRANCISCO
50. 4 a ILI,
03/01/2018
290.33
5608
ESPINOSA, FRANCISCO
504311
03/01/2018
75.00
5608
FARIAS, ANDREW
504233
03/01/2018
144.91
5609
FLORES, HELIODORA
5 039 8
03/01/2018
467.68
5610
GALVAN, AMY M504605
03/01/2018
46.70
5611
GARCIA, IRMA
5,7.',059.
03/01/2018
840.00
5612
GARCIA, IRMA
502059
03/01/2018
1,505.88
5612
GODOY, DANIEL
!AAB 7'�"!
03/01/2018
230.46
5613
GOMEZ, ALEJANDRA M
504350
03/01/2018
357.24
5614
GUTIERREZ, ALFRED R
03/01/2018
406.20
5615
GUTIERREZ, CARLA F
5045_13,
03/01/2018
341.13
5616
GUZMAN JR., OSCAR
504665
03/01/2018
364.61
5617
HERNANDEZ NAVARRO, RAMON
504198
03/01/2018
1,648.28
5618
HERNANDEZ, ANNALI RAQUEL
.5-UPWA
03/01/2018
217.51
5619
HERNANDEZ, HELEN M
502544
03/01/2018
986.27
5620
HERNANDEZ, HELEN M
502544
03/01/2018
950.00
5620
JIMENEZ, CAROLINA
504844
03/01/2018
305.05
5621
LARA, ALFREDO JR.
5f'11111 ""?, ") (11
03/01/2018
380.57
5622
LARA, ANTONIA
503.50-
03/01/2018
374.34
5623
LAWS, ANGELA R
504341
03/01/2018
643.92
5624
LEON, ADRIAN
504818
03/01/2018
18.58
5625
LUPIAN, MARIANA
504875
03/01/2018
319.40
5626
MARTINEZ, JAMIE J
504551
03/01/2018
227.96
5627
MEZA, CYNTHIA
50404
03/01/2018
241.15
5628
2/28/2018 147A6 PM Paip, 6 raf [ :J
Packet: PYPKT00562 - PP#OSBW 03/01/18
Payroll Set: Payroll Set 01- 01
Employee
Employee #
Date
Amount
Number
MONTALVO, DENISE
5013/�9
03/01/2018
1,344.32
5629
MORA, ALONDRA R
";Ozk'�S2
03/01/2018
270.51
5630
MORENO, MARIA
5QZJ22
03/01/2018
1,022.00
5631
MORENO, MARIA
TS 0 2 1221
03/01/2018
1,115.35
5631
NAVA, ARMANDO H
50312 1
03/01/2018
50.00
5632
NAVA, ARMANDO H
Uai2 G
03/01/2018
1,623.43
5632
NGUYEN, DANIEL V
-504,84f
03/01/2018
238.32
5633
OGAZ, TAMARAH Y
IQ! 5 1
03/01/2018
226.33
5634
OROZCO, ANTHONY F
504816
03/01/2018
384.23
5635
PALOMAREZ, KHRYSTINA
504201
03/01/2018
440.12
5636
PEREZ, ALBERTO M
-, 1669,
03/01/2018
199.03
5637
RAMOS, HENRY
50015!';
03/01/2018
355.35
5638
REVELES, LIEN PHU
03/01/2018
97.15
5639
REYES, ARLENE
03/01/2018
324.02
5640
RICO, JUAN A
50471 3,
03/01/2018
93.26
5641
ROACHO, NATALIE
03/01/2018
345.02
5642
RODRIGUEZ, BENJAMIN
03/01/2018
384.13
5643
RODRIGUEZ, SIERRA
5Q1z4z
03/01/2018
227.96
5644
ROJO, APRIL M
°0549z
03/01/2018
1,487.13
5645
ROMAN-MATA, FERNANDO
5Q471,0
03/01/2018
98.43
5646
ROSALES, LUIS M
50441 /I.
03/01/2018
374.58
5647
RUIZ, ARLENE
54
03/01/2018
258.27
5648
RUIZESPARZA, YURIKO
03/01/2018
1,914.06
5649
SAINZ, FELIX A
504P, 69.
03/01/2018
522.07
5650
SALAS, MICHAEL A
500'uti
03/01/2018
1,714.36
5651
SALES, RAMIL D
50'!'
03/01/2018
628.46
5652
SANCHEZ, ARIEL
5QAaD
03/01/2018
118.55
5653
SANCHEZ, FIRITSI
5)el:/72
03/01/2018
452.60
5654
SANCHEZ, SARA
504343,
03/01/2018
86.22
5655
SILVA RODRIGUEZ, CHRISTOPHER
03/01/2018
363.09
5656
SOTO, EMANUEL H
03/01/2018
74.30
5657
SOTO, J ESI CA N
504 /J
03/01/2018
46.00
5658
TORRES, IVETTE
.5001,
03/01/2018
576.99
5659
URBINA, CLAUDIA
5 Ql' ,1 M.
03/01/2018
298.64
5660
VASQUEZ, GUSTAVO A
15 ()!11"3-U9,
03/01/2018
107.66
5661
VASQUEZ, JESSICA
03/01/2018
437.56
5662
VAZQUEZ, VANESSA
03/01/2018
350.22
5663
VILLEGAS, DAVID E
50!4157
03/01/2018
273.87
5664
VIRGEN, BRYAN E
501 a!: 1,
03/01/2018
225.82
5665
ZAMARRIPA, JANET
504722
03/01/2018
252.36
5666
ZAPATA, ANAHI
5Q41397.
03/01/2018
347.67
5667
2/28/2018 3A7:46 MIA paip." W, -1 S
L
Payroll Check Register
City of Baldwin Park, CA
Report Summary
I
Pay Period: 2/11/2018-2/24/2018
PRIEL,
Packet: PYPKT00562 - PP#OSBW 03/01/18
Payroll Set: Payroll Set 01- 01
Type
Count
Amount
Regular Checks
28
20,684.24
Manual Checks
0
0.00
Reversals
0
0.00
Voided Checks
0
0.00
Direct Deposits
328
439,636.25
Total
356
460,320.49
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STAFF REPORT
a TO:
l�r...
.TH " � � FROM:
�a,
„�
s n'601rL DATE:
VAE ;r
!° �' SUBJECT:
E
ITEM NO.
Honorable Mayor and City Councilmembers
Rose Tam, Director of Finance (-P-)
March 21, 2018 . ."""'
TREASURER'S REPORT — JANUARY 2018
SUMMARY
Attached is the Treasurer's Report for the month of January 2018. The Treasurer's Report lists all cash
for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the
Successor Agency to the Community Development Commission (CDC). All investments are in
compliance with the City's Investment Policy and the California Government Code.
FISCAL IMPACT
None
LEGAL 11EVIEW
None required.
RECOMMENDATION
Staff recommends that Council receive and file the Treasurer's Report for January 2018.
ThBACKGROUNDCity's
ment Policy requires the Treasurer's Report be submitted to the Mayor and City
Council on a monthly basis.
CITY OF BALDWIN PARK
TREASURER'S REPORT
1/3112018
ESTIMATED
INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET
DESCRIPTION RATE DATE'. DATE VALUE. PRINCIPAL VALUE VALUE.
State of California Local Agency Investment Fund (LAIF)
E 25,791,047.43
$ 25,791,047.43
E 25,791,047.43
City -Including General Fund S all other Special Revenue Funds
1.35%
Varies
Varies
Housing Authority
1.35%
Varies
Varies
Certificate of Deposit
245,000.00
245,000.00
243,968.55
Capital One Bank USA NATL ASSN
1.15%
9/14/2016
9/14/2018
Wells Fargo Bank NA SIOUX Falls
1.15%
9/14/2016
911412018
JP Morgan Chase Bank NA Columbus
1.15%
9116/2016
9116/2018
Ally Bank Midvale CTF DEP ACT/365
1.15%
9/1712016
9117/2018
American Express Centurion
1.60%
4/1212017
411212019
Everbank-Jacksonville
1.55%
4116/2017
4/16/2019
Citibank National Association
1.80%
112512018
1/25/2019
Goldman Sachs Bk USA NY
2.24%
112412018
1124/2020
Sallie Mae Bk SLT Lake City UT
2.24%
1124/2018
112412020
Fiscal Agent Funds (Trust/Debt Service Fund)
Varies
Varies
Varies
Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund)
Varies
Varies
Varies
E 25,791,047.43
E 25,791,047.43
$ 25,791,047.43
E 25,791,047.43
13, 302.96
13, 302.96
13,302.96
13, 302.96
25,804,350.39
25,804,350.39
25,804,350.39
25,804,350.39
245,000.00
245,000.00
245,000.00
243,968.55
245,000.00
245,000.00
245,000.00
243,971.00
245,000.00
245,000.00
245,000.00
243,968.56
245,000.00
245,000.00
245,000.00
243,951.40
250,000.00
250,000.00
250,000.00
248,985.00
250,000.00
260,000.00
250,000.00
248,897.50
250,000.00
260,000.00
250,000.00
249,902.50
250,000.00
250,000.00
250,000.00
250,387.50
250,000.00
250,000.00
250,000.00
250,387.50
2,230,000.00
,,,...
2,230,000.00
.....w..
2,230,000.00
2,224,419.50
1,851,067.97
1,851,067.97
1,861,067.97
1,861,067.97
170, 768.22
170,768.22
170,768.22
170,768.22
2,021,836.19
2,021,836.19
2,021,836.19
2,021,836.19
$0y066 186-58 S.. 30,056,186.58 6 _, 30y97w5 y186.58 $ 30,050,606.08
Total Investments
$ 30,056,186.58
Cash with Bank of the West
City Checking
1,853,399.02
Money Market Plus
1,741,639.49
City Miscellaneous Cash
545,015.97
Successor Agency
129,513.96
Housing Authority
155,108.78
Financing Authority
1,719.08
Investment Brokerage
9,338.67
Total Cash with Bank of the West 4,435,634.97
Total Cash and Investments $ 34,491,821.55
Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report.
There were 3 additional Investment purchase transactions made for the month of January 2018 and several deposits/withdrawals were
made through the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all investments are in compliance to the City's Statement of Investment Policy.
Approved by:
)tra9c f"a lit �
Director of Finance
pr
"A irri, RE PORT
IMUS of
THE
SAWGABRIEL
ALL
'Nr �n ear
TO: Honorable Mayor and C
FROM: Laura J. Thomas, Hi
DATE: March 21, 2018
ITEM NO.
SUBJECT: CLAIM REJECTION
SUMMARY
This report requests the City Council reject the Claims for Damages to person or property received for filing
against the City of Baldwin Park.
FISCAL IMPACT
Fiscal impact is unknown at this time,
RECOMMENDATION
Staff recommends that City Council reject the following claim and direct staff to send the appropriate notice of
rejection to claimant(s):
Huerta, Hector Claimant alleges property damage by the BPPD.
Pittman, James Claimant alleges property damage by the BPPD.
This government claim, and all government claims, should be considered as potential lawsuits in the future.
Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements,
whether public or private in nature. It is important that no statements be made so as to not prejudice this claim
in any way which can happen if public or private comments are made about this claim by City staff or
Councilmembers.
BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to
reject the claims by order of motion and that the claimants are sent written notification of said action.
LEGAL REVIEW
Any specific questions should be referred to the City Attorney,.
ALTERNATIVES
There are no other alternatives for the Council to consider since rejection of the claims is necessary for the
Statute of Limitations to begin on the claims received.
El
MINUTES
BALDWIN PARK HOUSING AUTHORITY
FEBRUARY 21, 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 9:50 p.m.
ROLL CALL
Board Mem bers_present:
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Ricardo Pacheco
Vice Chair Susan Rubio
Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Chair Lozano opened Public Communications at 9:52 p.m. and seeing no one
wishing to speak, Public Communications closed at 9:52 p.m.
CONSENT CALENDAR
1. WARRANTS AND DEMANDS
Staff recommends that the Board ratify the Warrants and Demands.
A motion was made by Lozano, seconded by Garcia, and carried (5
— 0) to ratify the warrants and demands.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
2. TREASURER'S REPORT: DECEMBER 2017
Staff recommends that the Board receive and file the Treasurer's Report.
A motion was made by Lozano, seconded by Garcia, and carried (5
— 0) to receive and file the Treasurer's Report.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
1
ADJOURNMENT
There being no other business to discuss, and all other matters having been
addressed, a motion was made by Lozano, seconded by Baca, to adjourn the
meeting at 9:53 p.m.
ATTEST:
Secretary
APPROVED:
2
Chair
MINUTES
BALDWIN PARK FINANCE AUTHORITY
FEBRUARY 21, 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 9:52 p.m.
ROLL CALL
_Board NU'Vemr p[
esent:
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Ricardo Pacheco
Vice Chair Susan Rubio
Chair Manuel Lozano
Nw ',
All
Chair Lozano opened Public Communications at 9:53 p.m. and seeing no one wishing to
speak, Public Communications closed at 9:53 p.m.
CONSENT CALENDAR
1. TREASURER'S REPORT:DECEMBER 2018
Staff recommends that the Board receive and file the Treasurer's Report.
A motion was made by Lozano, seconded by Rubio and carried (5 — 0) to
receive and file the Treasurer's Report.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Lozano, seconded by Baca, to adjourn the meeting at 9:54 p.m.
Chair
ATTEST:
Secretary
APPROVED:
MINUTES
BALDWIN PARK CITY COUNCIL STUDY SESSION
AND SPECIAL MEETING
MARCH 7, 2018, 5:30 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 5:39 p.m. by Mayor Pro Tem Pacheco.
ROLL CALL
PRESENT:
Council Member Cruz Baca
Council Member Monica Garcia (Arrived 5:42 p.m
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
Mayor Manuel Lozano (Arrived 5:51 p.m.)
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 6:09 p.m.
Seeing no one wishing to speak, Public Communications closed at 6:09 p.m.
OPEN SESSION
1. CIP UPDATE (Item moved from the regular agenda)
Presentation by Sam Gutierrez, Interim Director of Public Works
A presentation regarding an update on the City's Capital Improvement Projects (CIP)
Was given by Mr. Gutierrez making special reference to the projects completed, cost
of projects, future projects and funding sources for CIP projects as well as upgrading
certain crossings such as the one on Pacific. Mr. Gutierrez stated that staff was
looking for funding for Merced.
Council Member Rubio observed that when doing the work on the landscape
medians staff should consider keeping the area looking uniformed and consistent
even though it may be different contractors doing the work.
RECESS TO CLOSED SESSION at 6:09 p.m.
2. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6)
Pursuant to Government Code Section 54957.6:
6qf t,y deJa
Shannon re resertatives: Shannon Yauchzee, Chief Executive Officer,
and Sean Gibbons, Coleman Frost LLP
C pl ey e 4 r a N atipns: Police Officer Association; Police Management Employees
Association.
Special Meeting of 3/7/18 Page 1 of 4
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. 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
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 "0" (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: 5139 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.
Special Meeting of 3/7/18 Page 2 of 4
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 RobQrt
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
Special Meeting of 3/7/18 Page 3 of 4
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 at 6:58 p.m.
REPORT FROM CLOSED SESSION
ADJOURNMENT
There being no further business, motion was made by Lozano, seconded by Pacheco,
to adjourn the meeting at 6:58 p.m.
REPORT ON CLOSED SESSION*
Mayor Lozano noted that no action was taken on items discussed in Closed Session..
Mayor
ATTEST:.
City Clerk
APPROVED:
Special Meeting of 3/7/18 Page 4 of 4
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
MARCH 7, 2018, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
These minutes are presented in Agenda order. Various announcements or discussions
may have occurred before or after the title under which they are presented.
CALL TO ORDER
The meeting was called to order by Mayor Lozano at 7:08 p.m,
INVOCATION
The invocation was provided by Pastor Flores.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
MEMBERS PRESENT:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
Mayor Manuel Lozano
REPORT ON CLOSED SESSION
Mayor Lozano reported out of Closed Session that no action was taken on items
discussed.
ANNOUNCEMENTS
Mayor Lozano asked that the meeting be closed in memory of Rudy Escalera a former
member of the Parks and Recreation Commission and a resident of Baldwin Park for
many years who recently passed away.
Council Member Baca requested that the meeting be closed in memory of Jackie
Braceda who recently passed away.
Council Member Rubio thanked the staff of Parks and Recreation for their support with
the Women's Conference.
Council Member Baca offered her gratitude to Council Member Rubio for coordinating a
great event- The Women's Conference. She also thanked staff for assisting with the
Homeless Workshop. She stated that the next Homeless Workshop will be on March 20
at the ARC.
Mayor Pro Tem Pacheco announced the City's annual egg hunt will be held on
Saturday, March 31 at the Esther Snyder Community Center.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
CIP Update Presentation by Sam Gutierrez, Interim Director of Public Works.
(Item moved to the 5:30 p.m. Study Session).
• Job Fair Presentation by Victor Viramontes, Management Analyst.
Mr. Viramontes made a brief presentation regarding the annual job fair and announced
the list of companies that will participate in addition to making comments relative to the
positive partnerships built with many of the participants.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 7:16 p.m. and noted that each
speaker is permitted a total of three (3) minutes to speak.
Thomas Kerri made remarks about the fees charged by Royal Coaches and expressed
concern about their high fees; made comments about the rules of decorum; and
sanctuary cities, which caused ICE to visit the City.
Eunice Allen spoke about the Kaiser Permanente proposed job relocations out of
Baldwin Park and urged the City Council for assistance in this matter.
Coring Martin also commented on the pending Kaiser Permanente job relocations and
asked the City Council to write a letter of support.
Daniel Lavanos representing One Legacy Donate Life spoke about the importance of
organ donation and urged the community to join the registry of organ donors; stated that
April is National Donate Life month and requested a proclamation in that regard.
Arturo R. Luna commented about the energy proposal that the City Council was
entertaining and stated that he was not in favor of it.
Jason Snow spoke about the dial -a -ride contract and explained the circumstances
surrounding the concerns expressed by the City Council and Baldwin Park residents
over the last couple of months.
Maggie Pierce Senior Vice President and Area Manager for Kaiser Permanente
addressed the Council relative to the concerns expressed earlier by a couple of
speakers regarding the job relocations.
John Rios made comments about the energy proposal that the City Council had on the
agenda and stated that he was not in favor and that this should be put before the voters.
Regular Meeting of 3/7/18 Page 2 of 11
Terri Muse with Waste Management provided reminders about, the State of the City, the
March 16 deadline for scholarship applications, March 22 having a national job fair; tour
of the Azusa recycling facility.
gIpg_IgIk spoke about the provisions of the Public Contracting Code and that the City
must do competitive bidding for contracts; made brief comments about Royal Coaches;
and the tow contract. Stated that personal items should stay out of Council's
discussions.
Dr. Jav Potter Chief Operating Officer for Nichen Technologies stated that he had a lot
of experience with green technologies with his company and that he wanted to bring this
technology to this community, which focuses on clean green energy.
Ro elio Ma an President of Nichen Technologies also addressed the Council
regarding Nichen Technologies and his desire to get the Council's support for his
proposal, which dealt with green and sustainable technologies.
Sarah Contreras outreach coordinator for the Housing Rights Center, announced that
they will be having a workshop to educate the community about landlord -tenant issues,
federal and state housing laws, counseling, outreach and education on March 15, with
said workshop being coordinated in partnership with the City of Baldwin Park; that the
event will be held at the Esther Snyder Community Center and that everyone was
welcome.
Christina Larios made some brief announcements such as the social etiquette workshop
on March 13 for teens, the Native American Pottery workshop on Sunday, March 17 for
adults as well as on every Friday in March, the computer basics workshop.
Martha Alvarez announced that she had lost a German Shepard and wanted to spread
the word.
Council Member Garcia responded to a comment made by a member of the public
during public comment about the use of the cell phone while speakers were at the
podium by stating that while she was sitting at the dais, she had received
communication regarding an important work matter that she needed to attend to and
therefore, she would have to go back to her office after the meeting to take care of it.
She commented that members of the City Council also hold professional jobs and that
sometimes they had to multi -task and urged the community that before rushing to
judgement to be mindful of those facts.
Mayor Pro Tem Pacheco presented some more of the City's most recent
accomplishments.
Council Member Rubio thanked Mr. Snow from Southland Transit for being present to
address some of the Council's recent concerns.
Regular Meeting of 3/7/18 Page 3 of 11
Council Member Baca stated that she was not in agreement nor did she vote on going
out to RFP on the dial -a -ride contract and asked whether or not these issues could be
mutually resolved.
Mayor Lozano recognized some of the SEIU members who spoke and stated that
Kaiser was a team; that Kaiser was an excellent partner with the City and had had a
tremendous impact upon the community; he stated that he hoped both SEIU and
Management would come to an amicable solution on the issues raised during public
comment.
Council Member Baca stated that she was a union supporter and that her hope was that
both parties could mutually resolved these disputes.
Seeing no others wishing to speak, Public Communications closed at 7:58 p.m.
CONSENT CALENDAR
Council pulled Item Nos. 4, and 5 from Consent Calendar for further discussion,
A motion was made by Lozano, seconded by Pacheco and carried (5 — 0)
to move items 6 (Accounting Policies & Procedures) and 7 (Renewal of
Grant Writing Services Contract with California Consulting, LLC.) to the
next City Council meeting to be held on March 21, 2018.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
approve the rest of the consent calendar.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands
Register.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
ratify the Warrants and Demands Register.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Regular Meeting of 3/7/18 Page 4 of 11
2. MEETING MINUTES
Staff recommends that Council receive and file the following Meeting Minutes:
A. Meeting Minutes of the Regular City Council Meeting held on January 17,
2018.
B. Meeting Minutes of the Special City Council Meeting held on February 7,
2018.
Meeting Minutes of the Special and Regular City Council Meetings held on
February 21, 2018
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
receive and file the minutes.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
3. AUTHORIZATION TO ADVERTISE THE REQUEST FOR PROPOSALS (RFP)
FOR PROFESSIONAL PYROTECHNIC SERVICES RELATED TO THE 4T" OF
JUY FIREWORKS CELEBRATION.
Staff recommends the City Council to:
Authorize the advertisement of the Request for Proposal (RFP) for professional
pyrotechnic services related to the 4th of July Fireworks celebration.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
authorize the advertisement of the Request for Proposals (RFP) for
professional pyrotechnic services related to the 4th of July Fireworks
celebration.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
4. AMENDMENT OF OFFICIAL POLICE TOW TRUCK SERVICES ORDINANCE.
Staff recommends that the City Council waive further reading and adopt
Ordinance No. 1407 by title only, entitled, `AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING
CHAPTER 100 OF TITLE X FOR OFFICIAL POLICE TOW TRUCK SERVICES."
(SECOND READING AND ADOPTION) (PULLED)
Council Member Baca expressed continued concerns with this item and asked if
this could be brought back to another meeting since she still had some questions
that had not been answered; she inquired as to what will the city be losing or
gaining by the 25% of its gross revenue so that the Council could have 'an idea
how this percentage was going to impact the City.
Regular Meeting of 3/7/18 Page 5 of 11
A substantial discussion ensued relative to the specific provisions of the
ordinance with some members of the Council expressing a desire to move
forward while others a desire to bring back for further study.
A motion was made by Baca, seconded by Rubio, and failed (2 — 3) to
bring back this item at the next City Council meeting to be held on March
21, 2018.
AYES:
Baca, Rubio
NOES:
Garcia, Lozano, Pacheco
ABSENT:
None.
ABSTAIN:
None.
A motion was made by Lozano, seconded by Pacl�ecr ,, and carried (5 — 0)
to waive further reading and adopt Ordinance No. 1407 as presented.
AYES:
Garcia, Lozano, Pacheco
NOES:
Baca, Rubio
ABSENT:
None.
ABSTAIN:
None.
5. APPROVE PROPOSAL FOR COLLECTION SERVICES. (PULLED)
Staff recommends the City Council to:
1. Review and approve the Professional Services Agreement with CB Merchant
Services for Collection Services; and
2. Authorize the Mayor to sign Professional Services Agreement with CB
Merchant Services; and
3. Authorize the Director of Finance to include the collection fees in the City of
Baldwin Park Schedule of Fees which will be presented at the public hearing
in the near future
Council Member Rubio asked staff if they could briefly speak about the benefits
of this proposal.
Chief Executive Officer/City Manager Yauchzee stated that Finance Director
Tam could speak on this matter; he further stated that the proposal was to
enable the City to assist the Police Department in collecting some of the
outstanding fees such as booking fees and DUI fees that were not being
collected; that this was also a recommendation of the audit.
Chief Taylor further explained that collecting these fees was a time consuming
endeavor; that the folks at the Police Department did not have the expertise as
professional bill collectors.
Finance Director Tam further stated that she had sent the RFP to five collection
agencies and that she had received five proposals back; that after careful
analysis and review and discussions with the companies, in her professional
Regular Meeting of 3/7/18 Page 6 of 11
judgement she was recommending CB Merchant Services due to the lowest fee
as well as experience and that they have many municipal clients including the
City of West Covina.
A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to
accept staff recommendations and approve proposal as presented.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Mayor Pro Tem Pacheco requested staff to obtain a copy of the City of West
Covina's Tow Truck contract and provide it to all members of the City Council.
6. ACCOUNTING POLICIES AND PROCEDURES.
Staff recommends that the City Council review and approve the following
accounting policies and procedures:
Purchasing Policies and Procedures
Credit Card Policies and Procedures
Travel Policies and Procedures
Federal Award Administration Policies and Procedures
ACH and Wire Transfer Policy and Procedures
Item to be brought back on March 21, 2018.
7. RENEWAL OF GRANT WRITING SERVICES CONTRACT WITH
CALIFORNIA CONSULTING, LLC.
Staff recommends the City Council to:
1. Approve the Consultant Services Agreement with California Consulting, LLC;
and
2. Authorize the Director of Finance to appropriate funds to cover. the cost
related to the grants applied for including but not limited to General Fund,
Prop A Fund, or Future Development Fund; or
3. Provide staff direction.
Item will be brought back on March 21, 2018.
8. REQUEST FROM RUKLI, INC. (CAN 17-06) TO ADD SECOND LOCATION
FOR CANNABIS DISTRIBUTION OPERATION (4150 PUENTE AVENUE).
Staff recommends the City Council to approve the Change of Location
application for RUKLI, Inc. (CAN 17-06) to add an authorized location to operate
an additional cannabis distribution operation at 4150 Puente Avenue pursuant to
Ordinance No. 1400, Section 127.09.
Regular Meeting of 3/7/18 Page 7 of 11
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
add a second location for cannabis distribution operation (4150 Puente
Avenue).
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
PUBLIC HEARINGS
9. CONTINUED FROM FEBRUARY 21, 2018. A REQUEST FOR
CONSIDERATION OF A PROPOSED AMENDMENT TO THE CITY'S
MUNICIPAL CODE (SIGN REGULATIONS) ADDING DEVELOPMENT
STANDARDS FOR ELECTRONIC READER BOARD SIGNS (LOCATION:
COMMERCIAL, INDUSTRIAL, AND MIXED USE ZONED PROPERTIES;
APPLICANT CITY OF BALDWIN PARK; CASE NUMBER AZC-188)
Staff and the Planning Commission recommend that the City Council 'open the
public hearing, accept testimony and following the public hearing:
Introduce for first reading, by title only and waive further reading, Ordinance No.
1405, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, ADDING SECTION 153.170.090.C,
AMENDING TABLE 153.170.080 AND AMENDING THE TITLE OF
SUBSECTION 153.170.090 RELATING TO ELECTRONIC READERBOARD
SIGNS."
Mayor Lozano opened the public hearing at 8:23 p.m. and entertained public
comment.
Amy Harbin, City Planner presented the staff report.
Seeing no speakers, Mayor Lozano closed the public hearing at 8:25 p.m.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to
introduce by title only and waive further reading proposed Ordinance No.
1405.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
10. PUBLIC HEARING REGARDING FISCAL YEAR 2018-2019 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN.
Staff recommends that the City Council conduct the public hearing, accept
testimony, and following the public hearing approve the allocations for the FY
2018-2019 CDBG public service public service programs by selecting one of the
Regular Meeting of 3/7/18 Page 8 of 11
following options:
OPTION 1: Approve the Joint Commission's recommendations for
funding; or
OPTION 2: Revise allocations as the City Council deems appropriate
Mayor Lozano opened the public hearing at 8:27 p.m. and entertained public
comment.
Suzie Ruelas presented the staff report.
Pastor Flores spoke in support of the CDBG allocations; and advocated for his
grant proposal from the Church of the Redeemer.
Council Member Baca asked if it would be possible to expand the food bank
program from just one Saturday per month to a couple of Saturdays a month.
Council Members Rubio and Garcia thanked Pastor Flores for all he. does for
the community.
Suzie Ruelas commented that Mr. Michael Wards from Saint John could not be
present.
John Rios stated that there were other churches in the area that provide similar
services and that we should look to provide funding to all of them.
Seeing no other speakers, Mayor Lozano closed the public hearing at 8:3 p.m.
A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to
accept staff's recommendation and approve option 1 as presented.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
REPORTS OF OFFICERS
11. CONSIDERATION OF TECHNICAL STUDY PREPARATION TO CREATE
THE BALDWIN PARK COMMUNITY CHOICE AGGREGATION.
Staff recommends that Council:
Approve and adopt Resolution No. 2017-202, entitled, RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, TO
CONDUCT A TECHNICAL STUDY TO EVALUATE A COMMUNITY CHOICE
AGGREGATION WITH CALIFORNIA CHOICE ENERGY AUTHORITY (CCEA);"
AND
Regular Meeting of 3/7/18 Page 9 of 11
1. 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
2. Authorize the Chief Executive Officer, or his designee, to request the
release of load data from Southern California Edison (SCE); and
3. Authorize the Finance Director to appropriate $63,000 from the Future
Development Fund (Fund 200) and perform the required budget
adjustment for this project. A motion was made by Lozano, seconded by
Garcia, and carried (5 — 0) to approve and award the contract to Lucas
Builders, Inc., in the amount of $59,000, and authorize the Mayor to
execute the contract.
Mayor Lozano opened the public hearing at 8:37 p.m. and entertained public
comment.
Mr. Sal Ramirez, Government Affairs Manager with SCE introduced his
colleague Ranbik Sekhon, Director of Portfolio Planning who briefed the council
on the CCA formation and explained that based on CPUC rules he could only
brief the Council on factual matters and not give recommendations.
Mr. Sekhon provided a summary of the history of CCA formation and answered
Council's questions.
Mr. Michael Chapin representing the California Choice Energy Authority also
made a presentation relative to the proposal before the Council for consideration.
There was a substantial discussion on the merits of the proposal with some
Council Members expressing a desire to have workshops to explain this to the
community particularly to seniors before moving forward.
Mayor Pro Tem Pacheco stated that his matter had been discussed before and
that a great deal of information had been presented to the Council.
A motion was made by Pacheco, seconded by Lozano, and carried (3 — 2)
to approve proposal as presented.
AYES: Garcia, Lozano, Pacheco
NOES: Baca, Rubio
ABSENT: None.
ABSTAIN: None.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request by Council Member Cruz Baca for discussion and consideration:
• Direction to Staff to review the "Parking Ordinance", which would also include
any new future developments in "Transit Oriented District" (TOD).
Council Member Baca asked staff to take a look at the parking ordinance; she stated
that the high density of all the developments currently in the City could have an impact
Regular Meeting of 3/7/18 Page 10 of 11
on the parking situation in the City; that we need to study such impacts and develop a
plan.
Council Member Baca asked if the Council could bring back the Southland Transit
matter back to the Council for consideration.
A motion was made by Baca, seconded by Rubio, and failed (2 — 2) to
bring the Southland Transit item back for further consideration.
AYES: Baca, Rubio
NOES: Lozano, Pacheco
ABSENT: Garcia (left dais prior to the roll call)
ABSTAIN: None.
Mayor Lozano requested that a letter of support be sent to the Veterans of Post 113 in
the City of Irwindale on behalf of the City Council.
Council Member Rubio requested that a letter in support of Kaiser Employees SEW
members be sent to Kaiser Permanente urging both parties to come to a speedy
resolution.
Council Member Baca expressed that as a business friendly person, she felt the Council
had made a hasty decision in the case of Southland Transit by not bringing the matter
back and not allowing them to rectify the issues discussed at this meeting or at least
allowing them to fully explain what they had done to mitigate the issues raised.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Lozano, seconded by Fachecc , to adjourn the meeting at 9:30
p.m.
Mayor
ATTEST:
Manuel Lozano, Mayor
Alejandra Avila, City Clerk
APPROVED:
Regular Meeting of 3/7/18 Page 11 of 11
STAFF REPORT
q
TO:
FROM:
DATE:
SUBJECT:
ITEM NO.
Honorable Mayor and City Councilmembers
Rose Tam, Director of Finance
March 21, 2018
Accounting Related Policies and Procedures
SUMMARY
The purpose of this staff report is to present updated accounting related policies and procedures
as recommended by the City's independent auditors to the City Council for review and approval.
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends that the City Council review and approve the following accounting policies
and procedures:
1. Purchasing Policy and Procedures
2. Credit Card Policy and Procedures
3. Travel Policy and Procedures
4. Federal Awards Administration Policy and Procedures
5. ACH and Wire Transfer Policy and Procedures
BACKGROUND
During the prior years' audits, the City's independent auditors recommended that several of the
accounting related policies need to be updated. The Finance staff have reviewed and updated the
existing accounting related policies and procedures to incorporate the recommendations from the
auditors and to comply with the Office of Management and Budget (OMB) and the new Uniform
Guidance requirements.
LEGAL REVIEW
This report and the attachments have been reviewed and approved by the City Attorney as to
legal form and content.
ALTERNATIVES
None.
ITEM NO.
ATTACHMENTS
1. Purchasing Policy and Procedures
2. Credit Card Policy and Procedures
3. Travel Policy and Procedures
4. Federal Awards Administration Policy and Procedures
5. ACH and Wire Transfer Policy and Procedures
V)
ATTACHMENT 1
City of Baldwin Park
Purchasing Policy and Procedures
Effective March 21, 2018
Purpose: The purpose of this policy is to establish procedures for the purchase of
supplies, services, and equipment at the lowest possible cost commensurate with
quality needed; to exercise positive financial control over purchases; and to clearly
define authority for the purchasing function.
It is the policy of the City of Baldwin Park (the City) to follow a practice of ethical and
responsible procedures related to purchasing, agreements and contracts, and related
forms of commitment. The purchase policy describes the principles and procedures
that all staff shall adhere to in the completion of their designated responsibilities.
When Grant Funds are Used to Fund or Partially Fund the Purchase
If grant funding will be used, it is the Program Manager's responsibility to ensure that all
applicable requirements of that funding are included in any
contract/agreement/amendment/change order. Additionally, it is the responsibility of the
Program Manager to ensure compliance with all applicable requirements of the funding,
including securing approval of grant prior to incurring any expenditure, approval of
eligible expenditures, and reporting requirements, etc.
Purchasing Guidelines and Procedures
All department directors shall have the authority to initiate purchases on behalf of their
department within the guidelines described in the City's purchasing policy. Department
directors may delegate purchasing authority to responsible individuals within their
department. Directors shall inform the Finance Department of all designated individuals
that may initiate/enter purchase requisition (PR) in the financial software system, Tyler
Incode 10. The Management Assistant of Finance will review the PR prior to the
approval of the Assistant Accounting Manager and/or Director of Finance. Once the PR
is approved, the Management Assistant in Finance will generate the purchase order
(PO), forward it to the Assistant Accounting Manager and/or Director of Finance for
review and approval, and then send it back to the requesting departments.
All purchase requests should be within the annual approved budget. All City purchases
exceeding $2,500 require a purchase requisition (PR), purchase order (PO), and at
least three (3) quotes except as otherwise provided in these policies and procedures.
Purchases and contracts for supplies and equipment do not constitute a public project
as defined by Cal. Pub. Cont. § 20161 shall require the following approvals:
0
The above threshold approval level does not apply to the annual recurring maintenance
cost such as gas, electricity, telephone; multi-year contracts such as software program
annual maintenance, copiers, and annual audits that were already approved by the City
Council and included in the annual adopted budget.
All approved requisitions with all the required quotes and bids will be entered into the
accounting system "INCODE 10" by the Management Assistant/designated individuals.
At least three (3) quotes are required for purchases between $2,500 to $24,999.99.
Informal bids (at least three (3) written price quotations) and/or formal bids (RFP) are
required for purchase exceeding of $24,999.99. A PO will be issued by the Finance
Department only after the requisition has been approved at all levels.
The requisition must include the following information:
1. Vendor's name (Based on Form W-9 as submitted by Vendor)
2. Description of item (goods/services) being requested for purchase
3. General ledger account number (refer to the approved budget line item account
4. Amount of purchases (should not exceed the appropriated/approved budget
amount)
5. Quantity
6. Quotations (at least 3)
7. Approved staff report/contract/agreement for PR is required for more than
$24,999.99
8. All PRs must be approved by designated approver as mentioned above
9. All PRs should be approved electronically by the Assistant Finance Manager
and/or Finance Director for purchases of $5,000 and above
Vendor Files and Required Documentation
The Management Assistant/Accounts Payable Staff of the Finance Department shall
maintain an electronic vendor profile and create a profile for each new vendor from
whom the City purchases goods or services based on Form W-9.
Prior to issuing a PO for any vendor (regardless of whether a contract is involved), the
respective department shall request a completed and signed Form W-9 from the vendor
and submit it to the Finance Department/Management Assistant, and inform the vendor
to apply for a business license, if needed. Upon receiving the required documents, the
2
Finance Department/Management Assistant will issue and distribute the PO to the
respective departments.
Ethical Conduct in Purchasing
City officials and employees shall not make any attempt to realize personal gain directly
and indirectly through a purchase or service provided to the City, including but not
limited to the following:
1. City officials and employees or any member of their immediate family have any
financial interest in the purchase or service.
2. A business or organization, in which the City officials and employees or any
member of their immediate family have any financial interest, is involved in the
purchase or service.
3. Any other person, business or organization, with whom the City officials and
employees or any member of their immediate family is negotiating or has an
arrangement concerning prospective employment, is involved in the purchase or
service.
4. No City officials and employees operating a business outside of their current City
employment shall do business or provide a service for the City through their
outside employment.
5. Prohibit the sale of lien vehicles from City's contracted tow vendor(s) to the City,
City's affiliated entities, employees, and elected officials.
6. Any in-kind gift or contribution over $50 (annually) by any vendor to city
management or, city elected officials required to submit Form 700 shall be
reported on Form 700 as required by Law.
7. Any in-kind gift or contribution by any vendor to individual employees not covered
by Form 700 is prohibited. If such a gift is delivered, the employee shall turn it to
the Department Director who shall either return the gift. In the case of gift items
such as baskets, they may be raffled off at a City event or distributed among all
employees in the department.
8. Any in-kind gift or contribution over $100 by any vendor to a city event shall be
reported to the City Clerk's Office and available to the public on the City's web
site.
9. Expenditures of public funds for gifts or gift cards to employees and City officials
are not authorized. This includes gifts purchased for employee and City official
birthdays or other personal occasions except for city -sponsored events.
3
Voluntary collections from staff would be an acceptable way of purchasing
employee gifts.
10. Awards and recognitions to employees and City officials must be an item of
tangible personal property (cannot be cash, cash equivalent, vacations, meals
lodging, theater or sporting event tickets, stocks, bonds).
11. External awards and recognition are appropriate for presentation to people or
organizations external to City staff. External awards shall be determined by the
City Council and CEO in advance.
Conflict of Interest Prohibited
No employee or council member of the City of Baldwin Park shall participate in the
recommendation, selection approval or administration of a vendor if a real or apparent
conflict of interest would be involved. Such a conflict would arise if a City Council
member, employee, or any member of his/her immediate family, his/her spouse/partner,
or an organization that employs or is about to employ any of the parties indicated
herein, has a financial or other interest in the vendor selected. In certain instances, the
City may not enter into contracts or do business with certain entities that are owned,
operated, managed by, or that employ officers of the City (California Government Code
section 87100 et seq.). An employee should not act as a principal or as an agent for a
firm that does business with the City for six (6) months after the separation from the
City.
Employees and council members of the City of Baldwin Park shall neither solicit nor
accept gratuities, favors, or anything of monetary value from vendors or parties to sub -
agreements, including campaign donations should the employee or council member be
aware that the vendor or party to sub -agreement is pursuing an interest in the City. If
unaware, once the interest is discovered, the employee and/or council member shall
recuse themselves from any decision-making or recommendation role.
Non -Discrimination Policy
All vendors/contractors who propose to perform any work or furnish any goods under
agreements with the City of Baldwin Park shall agree to the following principles:
1) Vendors/contractors will not discriminate against any employee or applicant for
employment because of race, religion, color sexual orientation or national origin,
except where religion, sex, or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of the
vendors/contractors.
2) Vendors/contractors agree to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this non-
discrimination clause. Notices advertisement and solicitations placed in
accordance with Federal laws or regulations shall be deemed sufficient for
meeting the intent of this section.
►a]
Awards to Debarred and Suspended Parties
The City of Baldwin Park will not make any award or permit (sub grant or contract) to
any party which is debarred or suspended or is excluded from or ineligible for
participation in Federal assistance programs. See Federal Award Policy for more
details.
Encumbrance of Funds
Except in the case of an emergency as determined by the CEO, the Department Heads
shall not request any PO for supplies or equipment unless there is an existing
unencumbered appropriation against which the purchase is to be charged.
Formal Contract Procedure
A. All contracts shall be by written contract with the lowest responsible bidder
pursuant to the public contract procedure prescribed in Municipal Code §§ 34.27
through 34.33.
B. Where possible, preference shall be given to local bidders or vendors, if all other
factors in the bidding process are equal.
C. A clause shall be incorporated in vendor's contract to require that all donations,
gifts, and free services provided by the vendor outside of their service agreement
to any city elected officials, employee, City department, or City affiliated entities
or events be documented and reported to the City.
Notice Inviting Bids
Notices inviting bids shall include a general description of the articles to be purchased,
shall state where bid blanks and specifications may be secured, and the time and place
for opening bids. The purchasing officer shall publicize each notice inviting bids in such
manner as is calculated to advise all prospective bidders thereof.
A. Published Notices: Notices inviting bids shall be published at least ten (10)
business days before the date of the opening of the bids. Such notices shall be
published at least once in a newspaper of general circulation printed and
published in the City, or, if there is none, they shall be posted in at least three
public places for posting public notices.
B. Bidders' List: The department's purchasing officer shall also solicit sealed bids
from all responsible prospective suppliers whose names are on the Bidders' List
or who have requested their names to be added thereto. The purchasing officer
shall annually review the Bidders' List and the City's business license records,
and shall make appropriate efforts to update the Bidders' List to include
businesses located in the City.
5
C. Bulletin Board: The department's purchasing officer shall also advertise
pending purchases or sales by a notice posted on a public bulletin board in the
City Hall, on the City's official website, and other appropriate electronic media.
Bidder's Security
When deemed necessary by the department's purchasing officer, bidder's security may
be prescribed in the public notices inviting bids. The security shall be returned upon
rejection of a bid; provided, that the successful bidder shall forfeit his bid security upon
his refusal or failure to execute the contract within ten (10) days after the notice of
award of contract has been mailed, unless the City is responsible for the delay. The
City Council may, on refusal or failure of the successful bidder to execute the contract,
award it to the next lowest responsible bidder. If the City Council awards the contract to
the next lowest bidder, the amount of the lowest bidder's security shall be applied by the
City to the difference between the low bid and the second lowest bid, and the surplus, if
any, shall be returned to the lowest bidder.
Bid Opening Procedure
Sealed bids shall be submitted to the City Clerk's office and shall be identified as bids
on the envelope. Bids shall be opened in public at the time and place stated in the
public notices. A tabulation of all bids received shall be open for public inspection.
Rejection of Bids
In its discretion, the City Council may reject any and all bids presented and re -advertise
for bids.
Award of Contracts
Contracts shall be awarded by the City Council to the lowest responsible bidder, except
as otherwise provided in the City's Municipal Code.
Tie Bids
If two or more bids received are for the same total amount or unit price, quality and
service being equal and if the public interest will not permit the delay of re -advertising
for bids, the City Council may accept the bid it chooses or accept the lowest bid made
by negotiation with the tie bidders at the time of the bid opening.
Performance Bonds
The department's purchasing officer shall have the authority to require a performance
bond before entering into a contract in such amount as the department's purchasing
officer shall find reasonably necessary to protect the best interests of the City. If a
performance bond is required, the form and amount of the bond shall be described in
the notice inviting bids (refer to the City Municipal Code).
Professional Services and Specialized Services
0
Contracts for specialized services and professional services by persons, firms,
companies, or corporations shall be made subject to either the formal contract
procedure or the open market procedure, except that there shall be no requirement to
solicit bids.
The department's purchasing officer may consider in addition to cost, the experience of
the professional, the quality of work the processional has done, the ability of the
professional to complete the project in a timely manner, and the insurance carried by
the professional.
For all professional and specialized service contracts, the standard Consultant
Agreement shall be used and a separate "Scope of Work" attached. Once completed,
these documents shall be submitted to the City Attorney for review and approval.
Special Provisions
A. Sole Source Purchases: A sole source purchase is one made from only one
source of supply or a purchase for which no advantage can be gained through
competitive bidding. Sole source purchases often arise because specifications
and requirements for the purchase are so distinct that only one possible source
can provide the purchase or meet established standards. This may be the case
with replacement parts for brand name machinery, equipment, or vehicles.
However, it may also apply to a consultant whose skills are very unique to the
requested task and has prior experience fulfilling that need with the City to
accomplish the task with utmost efficiency. To be valid, the sole source must be
the only reasonably known source of supply meeting the bona fide specification
requirements. A sole source decision is not permitted merely upon the grounds
that such approach is the most convenient or that the subject is preferred by the
staff.
B. Cooperative Purchases: Cooperative purchasing is used by municipalities in
the purchase of goods and services. This arrangement offers the participants
significant economies of scale. Although one municipality may issue
specifications and receive bids, each entity independently executes its own
contract, administers the procurement function, and finances the purchase.
This is an acceptable practice that allows municipal agencies to "piggy -back" on
contracts for services and supplies issued by a wide range of other governmental
agencies. Cooperative purchasing agreements may be entered into with state,
local governments, and non-profit entities.
C. Emergency Purchases: The City is not required to engage in either informal or
formal competitive bidding in an emergency. The City Council delegates to the
CEO the authority to waive any procedures in the Purchasing Guidelines that are
not statutorily mandated when making emergency purchases of supplies,
equipment, materials or services. "Emergency Purchases" are those
procurements required to prevent the immediate interruption or termination of
necessary City services or to safeguard life, property or the public health and
welfare.
Contracts for Services
Whenever directed by the City Council to obtain administrative, legal, accounting, or
other professional or contractual services to be performed by a consultant, the CEO
or his/her designees shall issue request for proposals (RFP) or obtain written
request for qualifications (RFQ) from qualified persons authorized to perform the
services. He/she shall obtain a sufficient number of proposals to insure that the cost
thereof is consistent with the market. He/she shall thereafter select the lowest
responsible proposal, based upon a performance or qualifications selection matrix,
and offer the contract to the person. The City's NON -COLLUSION AFFIDAVIT-
CONTRACTOR/PROFESSIONAL SERVICES PROVIDER (EXHIBIT A) is required
to be attached to the proposed contract.
Uniform Construction Cost Accounting Procedures
In October 15, 2014, the City Council adopted Resolution No. 2014-038, A
Resolution of the City Council of the City of Baldwin Park, California, Adopting the
Uniform Public Construction Cost Accounting Procedures in Accordance with
Section 22000 to Section 22045 of the Public Contract Code.
Public project — as defined by the California Public Contract Code, is a project for the
construction, reconstruction, erection, alteration, renovation, improvement,
demolition, painting, repainting, or repair of any publicly owned, leased or operated
facility.
When contracting for public projects, the contract is awarded to the lowest
responsible bidder.
Dollar Thresholds
Valueof Purchase PO Level of Agreement
Purchase Method Required Approval Format
Under Written Yes CEO CEO approved
$45,000 Quotes contract
$45,000- Informal bid Yes CEO CEO approved
$175,000 process contract
Over Formal bid Yes City Council it CEO approved
$175,000 yyyyy _.w m.......... ... contract
8
Levels of Bidding Required
1. Force account, negotiations, or PO — public projects up to $45,000
2. Informal bidding procedures — public projects up to $175,000/CEO authority
• Notice inviting bids must be mailed to construction trade journals
• Notice can also be provided to list created by City for category or work to
be bid
• Notice can be sent to any other contractors or construction trade journal
• If product/service is proprietary in nature, the City can limit notice to those
contract(s) that can provide such product or service
• Notices must be sent at least 10 days before the bids are due
• If all bids exceed $175,000, Council may adopt resolution to award
contract at $187,500 if it determines that City Cost estimate was
reasonable. Otherwise rebid pursuant to formal bidding.
• Award to lowest responsible bidder
3. Formal bidding procedures — public projects over $175,000
• Requires sealed bid procedure
• NON -COLLUSION AFFIDAVIT -BIDDER OF A PRINCIPAL CONTRACT
(EXHIBIT B) needs to be included in the bid package
• Notice must state time and place for receiving and opening of sealed bids
• Notice must be published at least 14 calendar days before opening of bid
in newspaper of general circulation
• Notice must be sent electronically to publications listed in the City's list at
least 15 days before opening of bids
• Additional notice may be provided
• Award to lowest responsible bidder
Information for Mailed Notice
When submitting notices for bids for jobs, the following information should generally
be included:
• Project title and contract number if applicable
• Cost range
• Location of site
• Who is taking bids — i.e., City of Baldwin Park Public Works Department
• Date and time bids are due
• Contact address, phone, and e-mail
• Architect's/Engineer's address and phone number if applicable
• Brief description of work to be done
9
• Location where plans may be obtained and if deposit is required/refundable
• Percentage of bid bond/percentage of performance bond/percentage of
payment bond
Use of Force Account
City Council may reject any bids presented if prior to rejecting such bids it declares
the project can be more economically performed by City employees and written
notice is provided to apparent low bidder.
10
[gallium,
CITY OF BALDWIN PARK
NON -COLLUSION AFFIDAVIT -BIDDER OF A PRINCIPAL CONTRACT
To Be Executed By Each Bidder Of A Principal Contract
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
being first duly sworn deposes and
says that he is the .......... ......_, (sole owner, a partner,
president, etc.) of the party making the foregoing
bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership,
company, association, organization or corporation, that such bid is genuine and not collusive or sham,
that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or
indirectly sought by agreements, communication or conference with anyone to fix the bid price of said
bidder or of any other bidder, or to fix the overhead, profit, or cost element of such bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract or
anyone interested in the proposed contract; that all statements contained in such bid are true, and
further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown
thereof, or the contents thereof, or divulged information or date relative thereto, or paid and will not
pay any fee in connection, therewith to any corporation, partnership, company, association,
organization, bid depository, or to any member or agency thereof, or to any other individual
information or date relative thereto, or paid and will not pay any fee in connection, therewith to any
corporation, partnership, company association, organization, bid depository, or to any member or
agency thereof, or to any other individual, except to such person or persons as have a partnership or
other financial interest with said bidder in his general business.
Signed:
Title:
Subscribed and sworn to and before me this day of , zxxx,
Seal of Notary
CITY OF BALDWIN PARK
NON -COLLUSION AFFIDAVIT- CONTRACTOR/PROFESSIONAL SERVICES PROVIDER
To Be Executed By Each Contractor/Professional Services Provider of a Principal Contract
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
being first duly sworn deposes and says that he/she is
the w ,,,�,.,..... ,.,(sole owner, a partner, president, etc.)
of the party making the foregoing proposal of
services; that such proposal is not made in the interest of or behalf of any undisclosed person,
partnership, company, association, corporation, organization or the City of Baldwin Park (the City)
officials and employees or any member of their immediate family has a financial interest in the services,
that such contract is genuine and not collusive or sham, that said contract does not have any
advantage against the public body awarding the contract or anyone interested in the proposed
contract; that all statements contained in such contract are true. Further, said contractor has read the
City's Purchasing Policies and Procedures and is in full agreement.
Signed:
Title:
Subscribed and sworn to and before me this .__.,m,m... mm__mmm.......mmmmmp., day of , zxxx.
Seal of Notary
ATTACHMENT 2
City of Baldwin Park
Credit Card/Gas Card and Other Charge Cards Policy and Procedures
Effective March 21, 2018
Purpose: The purpose of this policy is to establish standards and procedures for the
use of City issued credit cards (including gas card and other charge cards). City credit
cards are used to provide an alternative method of payment for designated City officials
and designated employees. This policy is developed to ensure that all credit cards
issued under agreements with the City of Baldwin Park (the City) serve a legitimate
business purpose and are adequately monitored by management for compliance.
In an effort to facilitate the conduct of official City business and ensure that City officials
are provided with the tools they need to serve the interests of the City, City Council
Members and Department Heads and/or their designees are provided with a City credit
card/gas card.
The use of credit cards is to allow City officials and or their designee's access to an
efficient and alternative means of payment for approved expenses. It is for the purpose
of making authorized small -dollar purchases, securing reservations, paying travel
expenses, and doing City business in the most efficient manner. The amount should be
under $2,500 per transaction except for emergency use and within the credit line limit.
The following City officials may be issued a City credit card:
• Mayor and City Council Members
• Chief Executive Officer
• Chief of Police
• Director of Community Development
• Director of Finance
• Director of Public Works
• Director of Recreation and Community Services
• Designees from the departments with the approval of Department Head and
CEO
• Gas card for police officers
Purchases
Credit cards shall only be used to purchase goods or services for the official business of
the City. Expenses charged to City credit cards must be actual, necessary, reasonable,
and incurred in the performance of official duties for the specific benefit of the City.
The following Purchases are NOT allowed:
• Alcoholic beverage/tobacco products
• Controlled substances e.g. prohibited & illegal drugs
• Personal items or loans
• Purchases involving trade-in of City's property
• Rentals (other than short-term autos)
• Cash advances on credit cards
• Employee meals and entertainments not related to City business (approved city
events, workshop, training, conference).
The following Purchases are NOT allowed except for emergency as stated in the City's
Purchasing Policy and Procedures:
• Equipment and upgrades over $2,500
• Construction, renovation/installation
• Items or services on term contracts
• Maintenance agreements
• Telephone, related equipment, or services
• Consultants, instructors, and speakers contracted by the City
• Service/labor
Procedures
1. Credit cards may be requested by approving officials or their designees for the
prospective cardholders. The request must be in writing on the Credit Card
Request Form. (EXHIBIT 1). Approval is required by the CEO, Finance Director
and when necessary, the Department Director.
2. Authorized credit cardholders are determined by the CEO and department
head/director.
3. Upon receiving an approved request to issue a new credit card, the Finance
Department will return a memo to the new cardholder confirming their
supervisor's request.
4. If approved and prior to receiving the credit card, the new cardholders will be
required to sign the Cardholder Agreement (EXHIBIT II) along with the copy of
the Credit Card/Gas Card Policy and Procedures indicating they have read and
0
agree to comply and accept the terms of the City's Credit Card/Gas Card Policy
and Procedures.
5. Credit cards are issued in the name of the City and the authorized cardholder.
Any annual fee, if any, is charged to the cardholder's cost center/department.
The cardholder will acknowledge the receipt of the credit card/gas card.
6. Credit card/gas card statements shall be reconciled with the vendor
receipts/invoices and submitted to the Finance A/P on a timely basis to avoid late
fee/penalty/interest charges. If statements are submitted for payment without
sufficient time to make a timely payment, interest/penalty/interest, if any, will be
charged to the cardholder's department.
7. Approving Officials (department director, Director of Finance and CEO) shall
review purchases and invoices to ensure compliance with these procedures.
8. All requisitions submitted for credit card/gas payments shall be approved by
appropriate management level and department director and CEO.
9. The claim for payment should include all receipts/invoices.
a. Failure to submit adequate documentation within one (1) month may
result in the City credit card being cancelled.
b. Any charge not substantiated by a receipt will result in the cardholder
reimbursing the City within one month. If no reimbursement is made to
the City, the amount(s) may be deducted from individuals' payroll and
credit card will be cancelled.
c. On an exception basis, if an original receipt has been misplaced, the
cardholder must attach a signed memo containing the date, vendor,
amount, and nature of purchase.
10. In the case of meals and meeting (for the City business only) related expenses,
each receipt must include:
a. The name of all persons involved in the purchase.
b. A description of the business purpose of the purchases, in accordance
with the Internal Revenue Service regulations.
11. All credit cards statements shall be signed by the cardholder and the department
director and CEO to attest to the accuracy and appropriateness of the
transactions.
Authorized officials and designees issued a credit card/gas card are responsible for
its protection and custody and shall immediately notify the Director of Finance if the
credit card/gas card is lost or stolen.
k,
Termination of Cardholder Accounts
Upon termination of employment with the City, Cardholder accounts will be
immediately closed. Credit card/gas card will be collected during the Exit interview
process with Human Resources. Human resources will forward the credit card/gas
card to the Finance Department and the termination date for credit card payment
purposes. Cardholder shall report any pending charges as of the surrendering of the
card and shall assert that they have reported all charges.
Returns
In the event of returned merchandise or other credits, cardholders must check
subsequent statements for credit and attach the credit slip to the statement when
submitting the statement for payment. If a credit slip was not obtained, other
documentation explaining the return should be attached. If credit does not appear
by the second subsequent statement, the cardholder should contact the
Bank/Merchandise Holder.
Lost or Stolen Cards
It is the responsibility of the card holder to report lost or stolen immediately by calling
the Bank/Merchandise Holder, and notify the approving official (department director)
and the Finance Department immediately. If not reported immediately, the City may
be liable for fraudulent charges, which will be charged to the cardholder's
department.
Procurement Accounting Controls
A current list of credit cards/gas cards, authorized users, and credit limits shall be
kept on file by the individual department and the Finance Department.
Internal Accounting Controls
A current list of all credit card/gas, authorized users, and credit limits shall be kept
on file. The credit card is to be used only to make purchases for the legitimate
business of the City and must be used in accordance with the provisions of the credit
card policy and procedures and purchasing policy and procedures established by
the City.
The respective directors and/CEO are responsible for the review of purchases and
invoices to ensure compliance with the City's policies and procedures.
Credit card/gas card payments will be charged to the appropriate City Council or
department budget and should not exceed the approved annual line item allocations.
4
CITY OF BALDWIN PARK
CR�EDIT CARDS (INCLUDE GAS CARD and OTI ER
CHARGE CARDS) REQUEST FOR
Date:
To: Director of Finance
From: Department
Type of Card:
For/User:
Describe the purpose, justification, and importance of the requested credit/gas card:
Department Director Signature Date
CEO Signature
Date
EXHIBIT I
CITY OF BAL:WIN PARK CARDHOLDER AGREEMENT
I, -- hereby acknowledge receipt of the following credit card
and/or gas card:
of credit card Credit
(Type ) ( card and/or gas card number)
I understand that improper use of this card may result in disciplinary action, as outlined in the
City of Baldwin Park (the City) Personnel Rules, as well as personal liability for any improper
purchases. As a cardholder, I agree to comply with the terms and conditions of this agreement,
including the attached Credit Card Policies and Procedures.
I acknowledge receipt of said Agreement and Policies and Procedures and confirm that I have
read and understand the terms and conditions. I understand that by using this card, I will be
making financial commitments on behalf of the City and that the City will be liable for any
official business charges to the credit card/gas card company made on this card.
I will strive to obtain the best value for the City when purchasing merchandise and/or services
with this card.
As a cardholder of the City's credit card/gas card, I agree to accept the responsibility and
accountability for the protection and proper use of the card, as stated above. I will return the
card to the Director of Finance, upon demand, during the period of my employment. I further
agree to return the card upon separation of employment. I understand that the card is not to be
used for personal purchases. If the card is used for personal purchases, the City will be entitled
to reimbursement from cardholder of such purchases. The City shall be entitled to pursue legal
action, if required, to recover the cost of such purchases, together with costs of collection and
reasonable attorney's fees.
Signature: Date:
Cardholder mm
EXHIBIT II
City of Baldwin Park
Travel Policies and Procedures
Effective March 21, 2018
Purpose
ATTACHMENT 3
This policy is designed to establish guidelines for fair and reasonable allowances
for the City of Baldwin Park (the City) officials and employees while traveling
including overnight stay on official City business. This policy shall not apply for
commuter (local) training seminars and local City business expenses, nor is it
intended to supersede P.O.S.T. reimbursable travel policies established by the
State of California. The governing rule for all City travel expenses shall be
availability, economy, convenience, and propriety.
II. Policy
The City shall provide reimbursement for expenses directly related to attendance
at approved conferences, seminars, meetings, and other official
functions/purposes.
• Official travel is planned, budgeted, approved, and controlled at the Department
level, except in specific cases.
• Authorized travel approved in the annual budget requires no further approval
beyond the department level, if, however, it becomes apparent that the total
travel cost will exceed the adopted budget; the approval of the Director of
Finance and/or the CEO must be obtained.
• Unbudgeted, unplanned travel requests shall be submitted by the Department
Head to the Director of Finance who will forward the request to the CEO for
approval. Such requests shall include written justification for the following a) the
differences of the travel request and the budget; b) the reasons why the
unbudgeted travel is necessary for the Department's operations. This will include
a list of travel expenses and a "Request for Special Budget Appropriation", if
necessary.
• All employees must have the Travel Authorization and Expenditure Report
(Exhibit 1) completed and authorized by their Department Head. All out-of-state
travel requires CEO's approval prior to traveling.
All City's authorized travel is paid directly by the City or reimbursed to the traveler
based in actual, itemized expenses or should be covered by the IRS per diem
rate.
1
Travel Authorization and Expenditure Report is due within 30 days of travel to
Finance. Failure to submit the completed report within 30 days of the travel date
may forfeit all reimbursable travel expenses; if submitted beyond the 30 -day time
limit, special circumstances with a written explanation to the Director of Finance
is required for the late submission before the travel expense reimbursement
request is processed.
III. Procedures — Reimbursement Requirements
All travel related expenses is to be paid by the City officials and employees and
submitted for reimbursement according to the following categories and
guidelines:
A. Airfare
The most economically available air coach fare will be considered a standard
practice, in as much as air travel is usually more economical in time and
money than other modes of transportation when making long distance trips.
Round trip tickets shall be purchased when practical and more economical.
B. Train Travel
The use of alternate forms of transportation, such as rail, shall be utilized as a
form of transit unless the cost of such service is greater than travel in a
personal or city vehicle or the use of such service is impractical.
C. Car Rental
Use of a rental vehicle shall receive prior approval by the Department Head or
CEO. Guidelines to follow when renting cars:
(a) Economy models must be rented unless more than two persons are
travelling together.
(b) When two or more employees are travelling, they should rent the most
economical vehicle available.
(c) Gasoline charges by the rental company are not reimbursable.
(d) Rental cars should be returned to the original rental location in order to
avoid costly drop-off charges.
(e) Upgrades are not reimbursable.
D. Mileage Reimbursement for Transportation
Compensation in the form of mileage reimbursement will be paid to
individuals for use of their private vehicle in lieu of a fixed monthly allowance
when appropriate. Mileage reimbursement would be based upon actual miles
driven and must also have the approval of the Department Head, or CEO.
City officials who have the City vehicle or receive mileage allowance are not
entitled to mileage reimbursement. Mileage reimbursement shall be based on
RS rate.
N
E. Mileage Reimbursement for Travel
Use of personal cars for out -of -City travel must be approved when the job
duties does not require routine travel. When personal automobiles are
approved as a mode of travel, reimbursement will be made based on the IRS
rate if the distance traveled is business related. The distance shall be
calculated based on the shortest distance from the City Hall or employee's
primary residence, to the point of destination whichever is less. Additionally,
gas or other transportation related costs shall not be reimbursed when
mileage reimbursement is utilized. When personal automobiles are
approved, the total allowance for the transportation shall not exceed the cost
of the most economically available air coach passage if such services are
available, except that when more than one individual (not including family
members) travel in a single car, the maximum limit for reimbursement will be
equal to the sum of their equivalent air fares.
Travel in City vehicles may be approved when circumstances warrant it.
When traveling in a City vehicle, receipts should be secured for the purchase
of gas, oil, and other supplies, if necessary. These amounts should be shown
on the expense report, with the notation that a City vehicle was used,
indicating the vehicle tag number.
Individuals who receive an auto allowance shall not receive additional
reimbursement for use of their personal automobile during travel and are not
eligible to utilize a City vehicle unless traveling more than 50 miles one way
from Baldwin Park City Hall or the employee's primary residence to the point
of destination, whichever is less.
F. Telephone/Fax/Internet/Cellular Phone Charges
Telephone and facsimile charges will be allowed only for official City calls and
facsimiles. Expenses incurred for use of internet services are not
reimbursable unless approved by the Department Head. Employees
receiving reimbursement for use of internet services are expected to use the
most economical method available, avoiding long-distance telephone
charges, excessive on-line time, Wi-Fi, roaming, etc.
G. Taxi/Shuttle/Public Transportation/Rapid Transit
City officials and employees should evaluate their individual circumstances
and select the safest, most economical alternative when traveling to and from
all destinations. Transportation to and from the airport (or other type of
transportation centers) should be accomplished by utilizing a hotel van or
some other general shuttle service. A taxi may be utilized when the cost of a
shuttle is higher than the taxi to the destination or when shuttle services are
unavailable. A car may be rented when a taxi or shuttle service is more
expensive or when the City officials or employees must be at several different
business locations that are not located near the hotel accommodations.
3
H. Registration Fees
Fees charged for registration at any convention or meeting are reimbursable
with prior approval and shall be submitted on a Direct Payment Request
form as well as on a Travel Authorization and Expenditure Report shall be
reimbursed and paid directly by the City.
I. Per diem
Day Trips: Internal Revenue Code (IRC) 162(a) states that meal expenses
reimbursed by an employer to an employee for travel away from home for
less than 24 hours where no overnight stay is required, represent taxable and
reportable income; therefore, the City will not reimburse for any meals on trips
lasting less than 24 hours.
Overnight Stay: Expenses for meals, tips, and incidentals will be reimbursed
on a per diem based on the current per diem rate schedule from IRS. The
per diem rate for the first and last travel day will be 75% of the IRS allowable
amount. In cases where the travel period must be extended and a per -diem
has already been issued, a Direct Payment Request form must be submitted
for per -diem to be paid for the additional travel days. No meal allowance is
provided for local travel, with the exception of travel away from the normal
work are for more than a 12 hour period. In such cases, the employee is
entitled to 75% of the prescribed meals and incidental expenses
J. Lodging
Reimbursement for hotel accommodations shall be provided for multi -day
approved travel provided that it is greater than 50 miles away from the City
Hall or the employee's primary residence (whichever is less) exceptions may
be made for special circumstances when approved by the CEO and the
Department Director.
For one -day seminars, conference, or other travel, hotel accommodations are
not reimbursable unless approved in advance by the CEO and appropriate
due to the location or event schedule.
Hotel accommodations should be appropriate to the purpose of the trip.
Individuals are expected to use good judgment in the selection of lodging
accommodations offering competitive rates.
The City does not reimburse for lodging if the employee wishes to say one
day after the conference has been completed in the Pacific Time Zone. If the
conference is in the Mountain, Central or Eastern Time Zones, the employee
may travel the day after the conference has been completed. The hotel in
which the individual decides to stay should be located within walking distance
2
to the place of business, where possible, in order to minimize the need for
transportation, rental car, bus, trolley, etc.
TRAVEL AUTHORIZATION and EXPENDITURE REPORT
CITY OF BALD WIN PARK
EMPLOYEE NAME DEPARTMENT/DIVISION FUND/COST CENTER/PROJ. # DATE
See below
Pur ose/Justification(ondudenameof(ocs,]ttcatkinand ifbmfgtted)
TRA VEL A UTHORIZA TION
CONFERENCE/REG.
I,a` WJ 9'Ct ]
AIR, FARE/MILEAGE $0.00
PER DIEM @ $0.00
TOTAL EST. EXPENSE I $0.00 I TOTAL ADI. REQUESTED I $0.00 I
TRAVEL AUTHORIZATION APPROVALS
EMPLOYEE'S SIGNATURE DATE DEPTJDIV.. HEAD SIGNATURE DATE CITY MANAGER'S SIGNATURE DATE
EXPENSE REPORT
CONF./REG/
LODGING
AIR FARE/MILEAGE
PER DIEM
TOTALS f $0.00 ] $0.00
I acknowledge that this request is for the reimbursement of expenses incurred during the conduct
of authorized City business and that all advances and allowances have been accounted for on this
statement. Furthermore, travel expenses incurred were authorized by the CEO as required.
Signatures Date
Ep./Council Member
It rRNM
EXHIBIT 1
$0.00 1 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ATTACHMENT 4
City of Baldwin Park
Policy and Procedure for Federal Awards Administration
Effective March 21, 2018
Grant Administration
The purpose of this policy is to establish procedures for administrating federal awards
within the guidelines. These guidelines include: general concepts and framework for
seeking and managing grant programs; identify roles and responsibilities in managing
grant programs; and set policy in complying with Single Audit Act requirements. The
City of Baldwin Park (the City) does not have a centralized grants department, therefore
it is the responsibility of each department obtaining a grant to care for and be familiar
with all grant documents and requirements. If a grant is Federal, the department should
immediately notify the Director of Finance for inclusion in the City's Single Audit. For the
purpose of this policy, "Program Director" applies to the individual within a given
department who will be responsible for the grant, and the "Administrator" applies to the
federal grant agency.
1. Grant Development, Application, and Approval
a. Leisl t �; prov l — Once the grant plan is developed and the application is
filed with the granting agency, legislative approval is required. If such legislative
approval is not specifically required by the written terms of the grant, then the
Department Director may, at his or her discretion, approve grant applications. In
this case, a copy of the application shall be sent to the Administrator's office. If
an award is given, a copy of the signed agreement shall also be furnished to the
Administrator's office and the City's Director of Finance. (Electronic copies are
preferable).
b. Matching Funds. — Grants that require City matching funds must be coordinated
with the Administrator's office. Available funds must be identified within the
existing budget. Budget adjustments can also be required for the match.
Depending on the nature of the grant, further discussion and long-term planning
must be done before applying for a grant. For example, when a grant establishes
a level of service that cannot be maintained once the grant funds are depleted,
there must be careful planning before applying.
c. Grant Dude — The granting agency requires the submission of an expenditure
budget for most grants. The department head should review this requirement
prior to submission and provide the personnel. All related cost projections should
be given to the City's Director of Finance for the budget preparation.
2. Grant Program Implementation
a. Notification and Acceptance of an Award — Official notification of a grant award is
typically sent by a funding agency to the program director and/or other
designated officials in the original grant proposal. However, the authorization to
spend grant funds is derived from the City Council and/or the Board members
through the approval of a grant budget. This is done with the adoption of the
Government -wide operating budget, as the grant budget is a component of such.
b. Establishment of Accounts, — The department that obtained the grant will provide
the Administrator's office with information needed to establish revenue
and expense accounts for the project. Ordinarily, this information will include a
copy of both a summary of the project and the budget.
C. Purchasing Guidelines, — All other Government purchasing and procurement
guidelines apply to the expenditure of grant funds. The use of grant funds does
not exempt any purchase from the City's purchasing requirements. All typical
paperwork and bidding requirements apply. All required staff approvals apply.
When in doubt, the Program Director should contact the Administrator's office for
further assistance.
3. Financial and Budgetary Compliance
a. Monitoring Grant Funds — The financial software, Tyler Incode 10, is considered
to be the City's "official" accounting system. Ultimately, the information in this
system is what will be audited and used to report to governing boards.
Program Directors shall use inquiries and reports generated directly from the
accounting system to aid in grant tracking. If any "off -system" accounting records
are maintained, it is the responsibility of the Program Director to ensure that the
program's internal records agree to the City's accounting system. Departments
may use some internal mechanism (such as a spreadsheet) to monitor grant
revenues, expenditures and budgetary compliance. However, all such financial
information will also be recorded and maintained in the City's accounting system.
b. Fiscal Year — Occasionally, the fiscal year for the granting agency will not
coincide with the City's fiscal year. This may require adjustments to the internal
budget accounts and interim financial reports as well as special handling during
fiscal year-end close. It is the responsibility of the department head to oversee
their grant budgets within his/her department and to bring any discrepancies to
the attention of the Administrator and Director of Finance immediately.
c. Grant Budgets — When the accounting structure for a grant is designed, it will
include the budget that was prepared when the grant application was submitted.
The terms of each specific grant will dictate whether any budget transfers
between budgeted line items will be permitted. In no case will the Program
2
Director be authorized to exceed the total budget authority provided by the grant.
If grant funds have not been totally expended by fiscal year-end, it is the
responsibility of the Program Director to notify the Director of Finance that grant
budget funds need to be carried forward to the new fiscal year, and to confirm the
amounts of such carry -forwards. This can be done during the City's normal
annual budgeting process. Carry -forwards of grant funds will be subjected to
maximum allowable amounts/percentages based on the grant award agreement
and/or the Uniform Guidance Compliance Supplement.
d. Cap tat Assets — The City is responsible for maintaining an inventory of assets
purchased with grant monies. The City is accountable and must make them
physically available for inspection during any audit. The Director of Finance must
be notified immediately of any sale of these assets by the Program Director.
Customarily, the proceeds of the sale can only be used on the grant program that
purchased them. In most cases, specific governing regulations can be found in
the original grant.
The Program Director overseeing the grant will coordinate this requirement. All
transactions that involve the acquisition or disposal of grant funded capital assets
must be immediately brought to the attention of the Director of Finance.
4. Record Keeping
a. ,Audit Work Papers_- The City's external auditors audit all grants at the end of
each fiscal year. The department who obtained the grant will prepare the required
audit work papers. These will then need to be sent to the Director of Finance
within a reasonable time following year end. The Finance department will maintain
copies of all financial related grant documents.
b. Record Keeping ReAc uirements — Grant record keeping requirements may vary
substantially from one granting agency to another. Consequently, a clear
understanding of these grant requirements at the beginning of the grant process
is vital. The Program Director within a department applying for a grant will
maintain copies of all grant draw requests, and approved grant agreements
(including budgets). The Finance department will maintain copies of all financial
related grant documents.
Uniform Guidance Compliance Supplement - General Information
Please see the City's Code of Ordinances and/or Policies on the City of Baldwin Park
website for a full listing of policies.
Uniform Guidance Compliance Supplement - Activities Allowed/Un-allowed and
Allowable Costs/Cost Principles
The requirements for allowable costs/cost principles are contained in the Uniform
3
Guidance, program legislation, Federal awarding agency regulations, and the terms and
conditions or the award.
In order to ensure compliance with these requirements, the City has implemented
the following policies and procedures:
All grant expenditures will be in compliance with the Uniform Guidance, State law,
City Government policy, and the provisions of the grant award agreement will also be
considered in determining allow ability. Grant funds will only be used for
expenditures that considered reasonable and necessary for the administration of the
program.
2. Grant expenditures will be approved by the Program Director and Department Head
when the bill or invoice is received. The terms and conditions of the Federal Award
will be considered upon approval. Accounts payable disbursements will not be
processed for payment until all necessary approval has been obtained.
2. Payroll costs will be documented in accordance with the Uniform Guidance.
Specifically, compensation for personal services will be handled as set out in
§200.430 and compensation for fringe benefits will follow §200.431 of the Uniform
Guidance.
Uniform Guidance Compliance Supplement - Cash Management
Source of Governing requirements — The requirements for cash management are
contained in the Uniform Guidance, program legislation, Federal awarding agency
regulations, and the terms and conditions or the award.
In order to ensure compliance with these requirements, the City has implemented
the following policies and procedures:
Most of the City's grants are awarded on a reimbursement basis. As such, program
costs will be expended and disbursed prior to requesting reimbursement from the
grantor agency. If Federal grant funds are received first, time must be minimized for
the elapse between receipt of Federal funds and disbursement to
contractors/employees/sub-recipients according to §200.302 (6) of the Uniform
Guidance.
2. Cash draws will be initiated by the Program Director who will determine the
appropriate draw amount. Documentation of how this amount was determined will be
retained. Payments and travel costs will be handled in a manner consistent with the
City's existing Purchasing and Travel Policies and Procedures in accordance with
§200.305 (payments) and §200.474 (travel costs) of the Uniform Guidance.
3. The physical draw of cash will be processed and recorded in the City's accounting
system as prescribed by the grant agreement.
4. Supporting documentation or a copy of the cash draw paperwork will be filed along
4
with the approved paperwork described above by the Finance Department and the
grant receiving department. The paperwork will be retained for audit purposes.
Uniform Guidance Compliance Supplement - Eligibility
Source of Governing Re r.rirernents — The requirements for eligibility are contained
in program legislation, Federal awarding agency regulations, and the terms and
conditions of the award.
Additional Policies and Procedures
The following policies and procedures will also be applied, to the extent that they do not
conflict with or contradict the existing City/Board policies.
1. Federal grants will only benefit those individuals and/or groups of participants that
are deemed to be eligible.
2. Initial eligibility determinations will be made by the Program Director based on the
grant award/contract. Sufficient documentation to support these determinations will
be retained and made available to administration, auditors, and pass-through or
grantor agencies, upon request. It is the receiving grant department's responsibility
to maintain complete, accurate, and organized records to support eligibility
determinations.
Uniform Guidance Compliance Supplement - Equipment and Real Property
Management
Source of Governina Peuirement — The requirements for equipment are contained in
the Uniform Guidance, program legislation, Federal awarding agency regulations, and
the terms and conditions of the award.
Additional Policies and Procedures. The following policies and procedures will also be
applied, to the extent that they do not conflict with or contradict the existing policies.
In order to ensure compliance with these requirements, The City has implemented
the following policies and procedures:
1. All equipment will be used in the program for which it was acquired through Federal
grants.
2. When required, purchases of equipment will be pre -approved by the grantor
or pass-through agency. The Program Director will be responsible for ensuring that
equipment purchases have been previously approved, if required, and will retain
evidence of this approval.
3. Property/Equipment records will be maintained by the Finance department. A
physical inventory shall be taken every two years, and an appropriate system shall
be used to safeguard assets.
4. When assets with a current per unit fair market value of $5,000 or more are no
longer needed for a Federal program, a request for written guidance shall be made
from the grantor agency as to what to do with the property/equipment prior to sale or
relocation. The City shall abide with the requirements set out in §200.311 and
§200.313 of the Uniform Guidance in this regard. If a sale will take place, proper
procedures shall be used to provide for competition to the extent practical and result
in the highest possible return.
Uniform Guidance Compliance Supplement - Matching, Level of Effort and
Earmarking
Source of _QpMgMjOg Requirements — The requirements for matching are contained in
the Uniform Guidance, program legislation, Federal awarding agency regulations, and
the terms and conditions of the award. The requirements for level of effort and
earmarking are contained in program legislation, Federal awarding agency regulations,
and the terms and conditions of the award.
The City defines "matching", "level of effort", and "earmarking" consistent with the
definitions of the Uniform Guidance Compliance Supplement:
Matching or cost sharing includes requirements to provide contributions (usually non -
Federal) or a specified amount or percentage of match Federal awards. Matching may
be in the form of allowable costs incurred or in-kind contributions (including third -party
in-kind contributions).
Level of effort includes requirements for (a) a specified level of service to be provided
from period to period, (b) a specified level of expenditures from non -Federal or Federal
sources for specified activities to be maintained from period to period, and (c) Federal
funds to supplement and not supplant non- Federal funding of services.
Earmarkin includes requirements that specify the minimum and/or maximum amount of
percentage of the program's funding that must/may be used for specified activities,
including funds provided to subrecipients. Earmarking may also be specified in relation
to the types of participants covered.
In order to ensure compliance with these requirements, the City has implemented the
following policies and procedures:
Compliance with matching, level of effort, and earmarking requirements will be the
responsibility of Program Director.
2. Adequate documentation will be maintained to support compliance with matching,
level of effort, and earmarking requirements. Such information will be made available
to administration, auditors, and pass-through or grantor agencies, as requested.
Uniform Guidance Compliance Supplement - Period of Performance
Source of Governin Re uirements — The requirements for period of performance of
Federal funds are contained in the Uniform Guidance, program legislation, Federal
awarding agency regulations, and the terms and conditions of the award.
In order to ensure compliance with these requirements, the City has implemented
the following policies and procedures:
1. Costs will be charged to the grant award only if the obligation was incurred during the
funding period unless pre -approved by the Federal awarding agency or pass-through
grantor agency.
2. All obligations will be liquidated no later than 90 days after the end of the funding
period or as specified by program legislation.
3. Compliance with period of performance requirements will initially be assigned to the
Program Director. All A/P disbursements are subject to the review and approval of
the Program Director and Department Head.
Uniform Guidance Compliance Supplement - Procurement, Suspension and
Debarment
Source of Goer rninr F equirements — The requirements for procurement are contained
in the Uniform Guidance, program legislation, Federal awarding agency regulations, and
the terms and conditions of the award.
The requirements for suspension and debarment are contained in OMB guidance in 2
CFR part 180, which implements Executive Orders 12549 and 12689, Debarment and
Suspension; Federal agency regulations in 2 CFR implementing the OMB guidance; the
Uniform Guidance; program legislation; Federal awarding agency regulations; and the
terms and conditions of the award.
In order to ensure compliance with these requirements, the City has implemented the
following policies and procedures:
1. Purchasing and procurement related to Federal grants will be subject to the City's
Purchasing Policy and Procedure.
2. Contract files will document the significant history of the procurement, including the
rationale for the method of procurement, selection of the contract type, contractor
selection or rejection, and the basis of contract price.
3. Procurement will provide for full and open competition.
4. No City officials, employees, or agent may participate in the selection, award, or
administration of a contract supported by a Federal award if he or she has a real or
apparent conflict of interest. Such a conflict of interest would arise when City
officials, employees, or agent, any member of his or her immediate family, his or her
partner, or an organization which employs or is about to employ any of the parties
7
indicated herein, has a financial or other interest in or a tangible personal benefit
from a firm considered for a contract. City officials, employees, and agents can
neither solicit nor accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts. If the financial interest is not substantial or the
gift is an unsolicited item of nominal value, no further action will be taken (refer to
City's Purchasing Policy and Procedure). Disciplinary actions will be applied for
violations of such standards otherwise.
5. The City will avoid acquisition of unnecessary or duplicative items. Consideration will
be given to consolidating or breaking out procurements to obtain a more economical
purchase. Where appropriate, an analysis will be made of lease versus purchase
alternatives, and any other appropriate analysis to determine the most economical
approach. The City will also analyze other means, as described in §200.318 of the
Uniform Guidance, in order to ensure appropriate and economic acquisitions.
6. The City is prohibited from contracting with or making sub -awards under covered
transactions to parties that are suspended or debarred or whose principals are
suspended or debarred.
"Covered transactions" include those procurement contracts for goods and services
awarded under a non -procurement transaction (i.e., grant or cooperative agreement)
that are expected to equal or exceed $20,000 or meet certain other specified criteria.
All non -procurement transactions (i.e., sub -awards to subrecipients), irrespective of
award amount, are considered covered transactions.
7. The City will include a suspension/debarment clause in all written contracts in which
the vendor/contractor will certify that it is not suspended or debarred. The contract
will also contain language requiring the vendor/contractor to notify the City
immediately upon becoming suspended or debarred. This will serve as adequate
documentation as long as the contract remains in effect.
8. The Program Director or designee will be responsible for a year-to-date transaction
report from the City's accounting system. Any vendor with accumulated transactions
equaling or exceeding $20,000 that is not subject to a written contract including a
suspension/debarment clause or for which a signed statement or suspension or
debarment is not on file will be subject to additional procedures. The Program
Director or designee will check the Excluded Parties List System (EPLS) maintained
by the General Services Administration (GSA) for the vendor name. A potential
match will be followed-up immediately. Each vendor searched on EPLS will be
initialed on the vendor transaction report and the report will be signed and dated on
the first or last page. The vendor transaction report will be retained as evidence of
the control.
9. If a vendor is found to be suspended or debarred, the City will immediately cease to
do business with this vendor.
10. Executed contracts and signed quarterly vendor transaction history reports will be
retained and filed by the Program Director.
E.
Uniform Guidance Compliance Supplement - Program Income
Source of Governing Req irewjieents — The requirements for program income are found in
the Uniform Guidance, program legislation, Federal awarding agency regulations, and
the terms and conditions of the award.
In order to ensure compliance with these requirements, the City has implemented
the following policies and procedures:
Program income will include (but will not be limited to): income from fees for services
performed; the use or rental of real or personal property acquired with grant funds;
the sale of commodities or items fabricated under a grant agreement; and payments
of principal and interest on loans made with grant funds. It will not include interest on
grant funds unless otherwise provided in the Federal awarding agency regulations or
terms and conditions of the award.
2. The City will allow program income to be used in one of three methods:
a. Deducted from outlays
b. Added to the project budget
c. Used to meet matching requirements
Absent specific guidance in the Federal awarding agency regulations or the terms
and conditions of the award, program income shall be deducted from program
outlays.
3. Program income, when applicable, will be accounted for as a revenue source in the
same program code used in the City's accounting system as the Federal grant.
Uniform Guidance Compliance Supplement — Reporting
Source of Governina Re uirements — Reporting requirements are contained in the
following documents: Uniform Guidance, Performance reporting; 2 CFR section 215,
Performance reporting; 2 CFR section 215.51; program legislation; ARRA (and the
previously listed OMB documents and future additional OMB guidance documents that
may be issued); the Transparency Act; implementing requirements in 2 CFR part 170
and the FAR; and previously listed OMB guidance documents; Federal awarding agency
regulations; and the terms and conditions of the award.
In order to ensure compliance with these requirements, City has implemented the
following policies and procedures:
1. Reports will be submitted in the required frequency and within the
required deadlines.
2. Reports will be completed using the standard forms (as applicable) and method of
delivery (i.e., email, grantor website, postal service, etc.).
3. Regardless of the method of report delivery, a copy of the submitted report will be
retained along with any documentation necessary to support the data in the report
by the granting department. The report will evidence the date of submission in
order to document compliance with timeliness requirements. This may be done
either physically or electronically.
4. Financial reports will always be prepared based on the general ledger using the
required basis of accounting (i.e., cash or accrual). In cases where financial data is
tracked outside of the accounting system (such as in spreadsheets or paper
ledgers), this information will be reconciled to the general ledger prior to report
submission.
5. Any report with financial -related data will either be prepared or reviewed by the
Program Director and the Assistant Accounting Manager and/or Director of
Finance based on specific grant guidelines.
6. Preparation of reports will be the responsibility of Program Director and the
Accountant. All reports (whether financial, performance, or special) must be
reviewed and approved by the Director of Finance (as applicable) prior to
submission. This will be evidenced by either physical signatures or electronic
timestamps of approval.
7. Copies of submitted reports with preparer and reviewer signatures and data will be
filed with supporting documentation and any follow-up correspondence from the
grantor or pass-through agency. Copies of all such reports will be made available
to administration, auditors, and pass- through or grantor agencies, as requested.
Uniform Guidance Compliance Supplement — Subrecipient Monitoring
Source of Governing fie uirernent — The requirements for subrecipient monitoring are
contained in 31 USC 7502(f) (2) (B) (Single Audit Act Amendments of 1996 (Pub. L. No.
104-156)); Uniform Guidance, program legislation; 2 CFR parts 25 and 170, and 48
CFR parts 4, 42, and 52 Federal awarding agency regulations; and the terms and
conditions of the award.
The City (Program Director) will review and oversee subrecipient activity and obtain a
copy of their single audit. Other oversight processes and procedures will be established
on a case by case basis, depending on grant requirements and the level of activity of
the sub -recipient.
Uniform Guidance Compliance Supplement - Special Tests and Provisions
Source of Governing Re Uirernents — The laws, regulations, and the provisions of
contract or grant agreements pertaining to the program
Additional Policies and Procedures. The following policies and procedures will also
10
be applied, to the extent that they do not conflict with or contradict the City's policies.
In order to ensure compliance with these requirements, City has implemented the
following policies and procedures:
1. The Program Director will be responsible for identifying compliance requirements for
special tests and provisions, determining approved methods for compliance, and
retaining any necessary documentation.
Uniform Guidance Compliance Supplement — Time and Effort
Reporting
Source of Governina Re uirements — As a recipient of federal funding, the City is
required to comply with the requirements of Title 2 U.S. Code of Federal Regulations
Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
Policy Statement:
1. Each employee whose time is committed to a federally sponsored program is
required to complete a time and effort report (timesheet) stated the name of the
grant/program.
2. The City will use an "after -the -fact -effort" reporting system. This indicates that the
distribution of salaries and wages will be supported by time and effort reports
(timesheet).
3. Time and effort reporting shall reasonably reflect the percentage distribution of effort
expended by the City employees involved in federally funded grants. These reports
shall reasonably reflect the activity for which the employee is compensated and shall
include all activities an integrated basis. Time and effort reports must represent, in
percentage totaling 100%, a reasonable estimate of an employee's effort for the
period reported.
4. The Finance Department is responsible for the distribution, collection, and retention
of copies of all time and effort reports (timesheets).
Procedures:
1. The Program Director will identify and determine the particular employees that are
required to complete a time and effort based on the appropriation and approved
grant budget. The determination should be in accordance with the grant budget
submitted to the grantor.
2. City employees receiving a time and effort report shall complete with the actual
percentages of effort for the given period. They will sign the effort report to verify
11
and obtain the manager's signature.
3. The federal grant program
be supported by the time
following:
• Employee Name
• Payroll Period
• Location
distribution of wages/salaries for each employee should
and effort report which includes the actual effort and the
• Grant Name(s)/Fund#/Project#
• Payroll job code allocation number(s)
• Total hours paid during the pay period
employee's hours. This means total
includes the regular, overtime, sick,
hours reported during the pay period.
Reports must account for all of the
hours during the pay period which
vacation, holiday, and/or any other
• Hours worked during the pay period for each grant project, program or non-
federal activity. The report must reflect an "after -the fact" distribution of the
actual employee's hours. This means the number of hours worked on each
program if the employee worked on multiple programs.
• Supervisor/Program Director signature. The supervisor having first-hand
knowledge of the work performed by the employee will sign -off on the time
and effort report.
4. Each time and effort report shall be accompanied with documentation that provides
evidence of effort throughout the time and period of the report.
5. All employees must sign their own individual time and effort report. In addition, the
Program Director must review, verify and sign or approve electronically all effort
reports and must be submitted to the Department Head for approval and to the
Finance Department.
6. Any salary reallocation or adjustments resulting from time and effort reports will be
made as determined between the Finance Director and Program Director.
7. Evidence of salary reallocations (budget revisions) must accompany a modified time
and effort report.
8. The Granting department and Finance department will incorporate the time and effort
reports in the grant file and retain them for compliance purposes. These reports
should be completed in a timely manner and must be made available for audit.
12
ATTACHMENT 5
City of Baldwin Park
ACH and Wire Transfer Policy and Procedures
Effective March 21, 2018
Purpose
This policy is to establish guidelines for ACH and wire transfer policy and
procedures for the City of Baldwin Park (the City) to have effective check and
balance, internal control, prevent irregularities, and promote financial soundness
of the City.
11. Procedures
1. Payroll Timesheets are prepared by the employees and submitted to the
supervisor and department head for approval.
2. Senior Finance Clerk (Payroll) receives, reviews, and verifies hours entered in
the payroll system. Finance does not have access to enter or modify pay rates
and benefits.
3. The payroll system will generate an edit report. The edit report is reviewed by
Senior Finance Clerk (Payroll) and verified by other Senior Finance Clerk prior to
finalizing the payroll.
4. A payroll ACH file and ACH register report are created and sent to the Assistant
Accounting Manager and Director of Finance for review and approval.
5. The Assistant Accounting Manager or the Director of Finance will send the
payroll ACH file and ACH register report to the Accountant/Management
Assistant for processing.
6. The Accountant/Management Assistant will upload the payroll ACH file to the
bank and confirm that the total in the file is equal to the total that was given by
the Senior Finance Clerk.
7. The Accountant/Management Assistant will make the transfer from the general
bank account to the payroll account to fund the payroll ACH after the approval of
the Assistant Accounting Manager/Director of Finance.
❖ The Accountant and the Management Assistant do not have access
to enter and process payroll. The Assistant Accounting Manager
and Director of Finance only have access for review and approval
but do not have access to enter payroll nor process ACH transfer.
Wire Transfers
1. Wire Transfers are for debt service payments to the fiscal agent/trustees and for
the employee contributions to ICMA and Nationwide for the 457 retirement plans,
Nationwide and Wageworks for health savings accounts. Wire transfer is also
used for City investments for sending funds to LAIF and City's authorized banks
and financial firms.
2. Debt service payments to the trustee occur twice a year. The invoice is sent to
the Finance Director for review and approval. The invoice is then given to the
Accountant to create the wire transfer on the Bank's online system.
3. 457 Retirement wire transfers occur twice a month and done by using a template
create on the Bank's online system.
4. Recurring transfers (i.e. bond payments) are made by using a template setup by
the Accountant. The template defines the payee, banking information, and limited
amounts that can be transferred based on the payment due with supporting
documentation. The template and any changes are required approval from the
Assistant Accounting Manager or the Director of Finance.
5. Non-recurring wire transfers are made by using a Free Form Wire Transfer setup
by the Accountant with the payee, banking information, and actual amount that
can be transferred based on approved supporting documentation after reviewed
and approved by the Assistant Accounting Manager or the Director of Finance.
6. The Assistant Accounting Manager or the Director of Finance will review and
approve the bank online file to verify the amount prior to the wire transfer. The
Accountant will provide the wire transfer confirmation along with the invoice to
the Assistant Accounting Manager or the Director of Finance for final review and
approval signature prior recording the transfer to the Cash Transfer Log.
7. All ACH/Wire transfer requests are required to submit with the WIRE/ ACH
TRANSFER REQUEST/AUTHORIZATION Form (see Exhibit A attached) to the
Assistant Accounting Manager or the Director of Finance for review and
approval.
❖ The Assistant Accounting Manager and Director of Finance only
have access for review and approval but do not have access to
initiate and modify the ACH and wire transfer.
2
ITEM NO.
STAFF SPORT
b"r TO: Honorable Mayor and City Council members
iU9�0F'C r
THE J/
FROM: Sam Gutierrez, Interim Director of Public Works
U 1
snrv„ '4a RIES DATE: March 21, 2018
LLEYIVV
,`,, t
r, "` SUBJECT: ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE
PUBLISHING A NOTICE INVITING BIDS FOR CITY
PROJECT NO. 2018-0239 — CONCRETE IMPROVEMENTS
VARIOUS LOCATIONS CITYWIDE
SUMMARY
This item will authorize the publishing of a Notice Inviting Bids for City Project No. 2018-0239 -
Sidewalk Concrete Improvements Various Locations Citywide. This project is listed in the current Fiscal
Year 2017/2018 Capital Improvement Program (CIP #19). The project will provide concrete
improvements to twenty-five (25) locations citywide. The specific improvements include removal and
replacement of cross -gutters, spandrels, approaches, curb and gutter, sidewalk, and minimal asphalt.
FISCAL I:MPACT
There is no fiscal impact at this time. Upon the review of bids, staff will recommend a construction
contract award. The following table lists the estimated cost and fund sources:
The engineer's preliminary construction estimate is $63,710, which is within the construction budget
shown above. To meet the project's budget, an appropriation of an estimated $49,000 will be required. At
this time, the appropriation is an estimate and it is not being considered for approval. The actual
appropriation amount will be determined upon review of bids received and submitted for Council
consideration at the time of Award of Contract.
RECOMMENDATION
It is recommended that the City Council accept the plans and specifications and authorize publication of a
Notice Inviting Bids for the construction of City Project No. 2018-0239 Sidewalk and Concrete
Improvements, Various locations Citywide.
BACKGROUND
The City of Baldwin Park repairs damaged concrete curb, gutter, sidewalks, and driveway aprons caused
by extensive wear and tear, sub -grade settlement or growth of tree roots, and constructs new and upgraded
concrete structures. This is in an effort to maintain its existing infrastructure and most notably, as it is
required by the American Disability Act (ADA) to continually replace or upgrade infrastructure that no
longer meets current standards for the mobility of physically challenged individuals. The most recent
stand-alone project that addressed damaged sidewalk and concrete infrastructure was approved in May
2013. Since then, most of these types of repairs have been incorporated into larger scale street
rehabilitation projects.
N
DISCUSSION
This Sidewalk/Concrete Improvement project will remove and replace areas of damaged sidewalk, curb
• gutter, s, cross -gutters, and damaged asphalt that has been lifted by tree roots.#
expected that any trees will need to be removed as part of the work. In some instances, the subgrade will
be removed and replaced, roots will be cut, and the section replaced as part of the restoration work. Staff
compiled a list of locations to be repaired and/or upgraded as part of the Fiscal Year 2017-18 Capital
Improvement Program (CIP# 19). The work to be performed will provide concrete improvements to
twenty-five (25) locations incl• * the constructionof •. tremoval• replacement
damaged concrete curb, gutter, sidewalk, and driveway aprons, and construction of cross -gutters including
all incidentaland appurtenant works# • •citywide.
ENVIRONMENTAL REVIEW
subjectThe sidewalk/concrete
.a'# improvement project is exempt•California#oQuality
Act (CEQA) pursuant to a Class I (Section 15301, Existing Facilities), subsection (c) exemption, which
includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks,
gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of
public safety) The key consideration for a Class I exemption is whether the project involves negligible or
no expansion of
• r'• 1111 agn
NOTICE INVITING SEALED BIDS
City Project No. 2018-0239 — Concrete Improvements Various Locations Citywide
PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids for the
above -stated project, and will receive such bids in the offices of the City Clerk, 14403 Pacific
Avenue, Baldwin Park, California 91706, until ,10:00 A.I ...... ZQ1B at
which time the proposals will be publicly opened and read. Bidders and/or authorized agents
are invited to be present. All information submitted with the bid is public information and may
be subject to disclosure.
Project Description — The general nature of work consists of furnishing all labor, material,
equipment, services, and incidentals required for concrete improvements. The general items of
work include removal and construction of cross -gutters, spandrels, curb ramps, curb and gutter,
and sidewalk. Work includes construction surveying, traffic control and all appurtenant work. The
bid items, corresponding estimated quantities, and the time allowed to complete the work are
listed in the Proposal. The descriptions of bid items are defined in the Technical Provisions.
Pre -Bid Meeting — None Required,
Proposals— Bids shall be sealed and plainly marked "Sealed Bid for Bid No. 2018-0239." Bids
must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in
the Instructions to Bidders. The forms required to complete a bid package are found in Section
"C" of these Contract Documents. No bids will be accepted if not submitted using the approved
forms. The Information to Bidders provides prospective bidders a summary of requirements for
acceptance of bids, guidelines the City uses in awarding contracts, rules to ensure fairness in
contractor procurement and guidelines to aid in interpretation of documents. The Construction
Contract / Agreement define the Contract Documents which serve to control construction, work
performed, and materials furnished, and includes the Specifications and Plans.
Plans, Specifications, Documents — Specifications and proposal forms may be obtained at the
Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 91706, (626)
960-4011 on and after March 29th, 2018 Monday thru Thursday between the hours of 7:30 A.M.
and 6:00 P.M. A $35.00 per set, non-refundable fee is required for these specifications and
proposal forms. An additional $10.00 is added to the fee, if mailed. Alternatively, electronic
versions of the specifications and proposal forms can be obtained at ciplist.com at no cost.
Bid Security — Each bid must be accompanied by cash, certified check, cashier's check, or
bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do
business in California, for an amount equal to at least ten percent (10%) of the amount bid. Such
guaranty to be forfeited to the City of Baldwin Park should the bidder to whom the contract is
awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any
and all bids and to waive any minor irregularities in the bid documents. Bidders may not
withdraw their bid for a period of sixty (60) days after the opening date.
A-1
City Business License, Contractors License and Permit — Prior to contract execution, the
contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In
accordance with provisions of Section 3300 of the California Public Contract Code, the City has
determined that the Contractor shall possess a valid Class A California Contractor's License or
other appropriate license classification under the State Contracting Code at the time the contract
is bid. Failure to possess such license may render the bid non responsive. The successful bidder
will be required to obtain a City encroachment permit to work in public right-of-way, issued at
no fee for the project.
Prevailing Wages — In accordance with the provisions of Sections 1770 et seq., of the Labor
Code, the Director of the Industrial Relations of the State of California has determined the
general prevailing rate of wages applicable to the work to be done. The Contractor will be
required to pay to all persons employed on the project by the Contractor sums not less than the
sums set forth in the documents entitled "General Prevailing Wage Determination made by the
Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2,
Sections 1770, 1773, 1773.1." These documents can be reviewed in the office of the City Clerk
or may be obtained from the State.
Contractor's Registration — In accordance with Labor Code Section 1771.1, a contractor or
subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March
1, 2017, or (b) engage in the performance of this Work after April 1, 2017, unless currently
registered with the Department of Industrial Relations and qualified to perform the Work
pursuant to labor Code Section 1725.5.
Compliance Monitoring and Enforcement — Contractor's performance of the Work
described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by
the California Department of Industrial Relations.
Equivalent Securities — Pursuant to California Public Contract Code Section 22300,
substitution of eligible and equivalent securities for any moneys withheld to ensure performance
under the contract for the work to be performed will be permitted at the request and expense
of the successful bidder, unless otherwise prohibited by law.
Advertising Dates:
SAN GABRIEL VALLEY EXAMINER:
Thursday, March 29th, 2018
Thursday, April 5 th 2018
A-2
ITEM NO.
STAFF REPORT
TO: Honorable Mayor and City Council members
H ugar o r , : 4„
�� .�' ; FROM: Sam Gutierrez, Interim Director of Public Works
A1'+l,6A8RI E� `� �� DATE: March 21, 2018
" L'. E:
SUBJECT: ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE
PUBLISHING A NOTICE INVITING BIDS FOR CITY
PROJECT NO. 2018-0221— BUS STOP IMPROVEMENTS
PROJECT — PHASE II
SUMMARY
This item will authorize the publishing of Notice Inviting Bids for City Project No. 2018-0221 - Bus Stop
Improvements Project Phase II. This project is listed in the current Fiscal Year 2017/2018 Capital
Improvement Program (CIP #91). The project will furnish improvements to 39 bus stop locations within
the City of Baldwin Park bus network which will include the newly adopted shelter design with solar -
powered lighting and new trash receptacles.
FISCAL IMPACT
There is no impact to the general fund at this time
construction contract award.
Upon the review of bids, staff will recommend a
In the event that bids exceed the total available funds, staff will determine an appropriation and make a
recommendation for funding in the award of contract staff report.
RECOMMENDATION
It is recommended that the City Council approve the plans and specifications for the Bus Stop
Improvement Project Phase II (City Project No. 2018-0221) and authorize staff to advertise the Notice
Inviting Bids.
BACKGROUND
On October 15, 2016 council directed staff to prepare a report to replace or upgrade the bus shelters and
replace the existing trash receptacles to provide a general overview of the condition of the city bus stop
amenities. On February 2, 2016 the Public Works Director executed a Request for Services (RFS) to
prepare the report. On July 19, 2017 a construction contract was awarded for Bus Stop Improvements
Phase I, and on January 17, 2018 council accepted the project and filed a Notice of Completion. On
August 2, 2017 at the regular meeting the City Council approved the 2017/2018 CIP Budget which
included funding appropriations for bus stop improvements comprised of Prop A and Prop C funds. This
is the second phase of bus stop improvements and will furnish an additional 39 new shelters to the City of
Baldwin Park bus network.
Om
DISCUSSION
Transit, LA
Metro and the City owned Teal and Pumpkin Transit Lines. Among these stops there are 59 existing bus
shelters. In Phase I of the Bus Stop Improvements Project, 21 new shelters were replaced. In this project
an additional 39 shelters will be replaced, including the installation of trashcans. Proposed improvements
include removing and replacing old bus shelters with the new bus shelter design and trash receptacle, and
pouring concrete bus shelter footings in necessary locations. This item will authorize the publishing of
Notice Inviting Bids for City Project No. 2018-0221 - Bus Stop Improvements Project Phase 11. This
project is listed in the current Fiscal Year 2017/2018 Capital Improvement Program (CIP #9 1).
ENVIRONMEWAL REVIEW I
The subject bus stop improvement project is exempt from the * California Environmental Quality A
(CEQA) pursuant to a Class I (Section 15301, Existing Facilities), subsection (c) exemption, whi
includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalk
gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose
public safety) The key consideration for a Class I exemption is whether the project involves negligible
no expansion of an existing use. I
I U!II J 117-2 M-141 I I I
0 �w Lei I Loom I I MA I I I I [-1!V2'
NOTICE INVITING SEALED BIDS
City Project No. 2018-0221 - Bus Stop Improvements Project Phase II, Various Locations Citywide
PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids for the
above -stated project, and will receive such bids in the offices of the City Clerk, 14403 Pacific
Avenue, Baldwin Park, California 91706, until 10:00 A.K4,Ttcur5.day,-Aptd-l-9--,,-2-QlL8 at
which time the proposals will be publicly opened and read. Bidders and/or authorized agents
are invited to be present. All information submitted with the bid is public information and may
be subject to disclosure.
Project Description - The general nature of work consists of furnishing all labor, material,
equipment, services, and incidentals required by the Plans, Specifications, and contract
documents. The general items of work include the removal of bus shelters, benches, concrete
trash receptacles and provision and installation of new trash receptacles, bus shelters, benches,
security lights and associated utilities conduits and wirings. Related work includes construction
surveying, traffic control and all appurtenant work. The bid items, corresponding estimated
quantities, and the time allowed to complete the work are listed in the Proposal. The descriptions
of bid items are defined in the Technical Provisions.
Pre -Bid Meeting - None Required.
Proposals - Bids shall be sealed and plainly marked "Sealed Bid for Bid No. 2018-0221." Bids
must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in
the Instructions to Bidders. The forms required to complete a bid package are found in Section
"C" of these Contract Documents. No bids will be accepted if not submitted using the approved
forms. The Information to Bidders provides prospective bidders a summary of requirements for
acceptance of bids, guidelines the City uses in awarding contracts, rules to ensure fairness in
contractor procurement and guidelines to aid in interpretation of documents. The Construction
Contract / Agreement define the Contract Documents which serve to control construction, work
performed, and materials furnished, and includes the Specifications and Plans.
Plans, Specifications, Documents - Specifications and proposal forms may be obtained at the
Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 91706, (626)
960-4011 on and after March 29th, 2018 Monday thru Thursday between the hours of 7:30 A.M.
and 6:00 P.M. A $35.00 per set, non-refundable fee is required for these specifications and
proposal forms. An additional $10.00 is added to the fee, if mailed. Alternatively, electronic
versions of the specifications and proposal forms can be obtained at ciplist.com at no cost.
Bid Security - Each bid must be accompanied by cash, certified check, cashier's check, or
bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do
business in California, for an amount equal to at least ten percent (10%) of the amount bid. Such
guaranty to be forfeited to the City of Baldwin Park should the bidder to whom the contract is
awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any
A-1
and all bids and to waive any minor irregularities in the bid documents. Bidders may not
withdraw their bid for a period of sixty (60) days after the opening date.
City Business License, Contractors License and Permit — Prior to contract execution, the
contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In
accordance with provisions of Section 3300 of the California Public Contract Code, the City has
determined that the Contractor shall possess a valid Class A California Contractor's License or
other appropriate license classification under the State Contracting Code at the time the contract
is bid. Failure to possess such license may render the bid non responsive. The successful bidder
will be required to obtain a City encroachment permit to work in public right-of-way, issued at
no fee for the project.
Prevailing Wages — In accordance with the provisions of Sections 1770 et seq., of the Labor
Code, the Director of the Industrial Relations of the State of California has determined the
general prevailing rate of wages applicable to the work to be done. The Contractor will be
required to pay to all persons employed on the project by the Contractor sums not less than the
sums set forth in the documents entitled "General Prevailing Wage Determination made by the
Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2,
Sections 1770, 1773, 1773.1." These documents can be reviewed in the office of the City Clerk
or may be obtained from the State.
Contractor's Registration — In accordance with Labor Code Section 1771.1, a contractor or
subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March
1, 2017, or (b) engage in the performance of this Work after April 1, 2017, unless currently
registered with the Department of Industrial Relations and qualified to perform the Work
pursuant to labor Code Section 1725.5.
Compliance Monitoring and Enforcement — Contractor's performance of the Work
described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by
the California Department of Industrial Relations.
Equivalent Securities — Pursuant to California Public Contract Code Section 22300,
substitution of eligible and equivalent securities for any moneys withheld to ensure performance
under the contract for the work to be performed will be permitted at the request and expense
of the successful bidder, unless otherwise prohibited by law.
Advertising Dates:
SAN GABRIEL VALLEY EXAMINER:
Thursday, March 29th, 2018
Thursday, April 5th, 20
W
Et
ITEM NO.
STAFF REPORT T ,,,,,,���,,;�% %%IIIIIIIIII�I
SAN"646RJEL
0 �tlo
SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Interim Director of Public Works
DATE: March 21, 2018
SUBJECT: RESOLUTION 2018-232 INITIATING THE PROCEEDINGS AND
ORDERING PREPARATION OF THE ENGINEER'S REPORT
FOR THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT FOR FY2018-2019
This report requests that the City Council adopt the attached resolution authorizing the initiation of the
FY2018-19 Citywide Landscaping and Lighting Maintenance Assessment District (LLMD) and order the
preparation of the Engineers Report.
FISCAL IMPACT
The Engineers Report will include more refined details of anticipated revenues and costs. The draft budget
for FY2018-19 will anticipate revenues for Fund 251 -Street Light Landscape to be $1,777,256 which
includes LLMD assessments estimated at $909,756, Ad -Valorem revenue estimated at $774,000, and
earnings from late taxes and penalties estimated at $93,500. The cost to operate and maintain the
landscaping and lighting improvements is planned to be in balance with the revenue. The revenues and cost
for FY2018-19 are expected to be very similar to the FY2017-18 LLMD budget.
RECOMMENDATION
It is recommended that the City Council:
Adopt Resolution No. 2018-232 entitled, "A RESOLUTION OF THE CIY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND
ORDERING THE PREPARATION OF THE ENGINEERS REPORT FOR THE FY2018-19 LEVY OF
ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LGHTING
MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE
STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE."
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
BACKGROUND
The City has an annual program for the maintenance landscaping and lighting improvements, as well as
open space improvements, including the maintenance and operation of traffic signals, street lights, median
landscaping, and street trees. For the past 26 years this program has been funded through the annual special
assessments of the LLMD. The adoption of a resolution is required to initiate the proceedings and order the
preparation of an Engineers Report.
ATTACHMENTS
Resolution No. 2018-232
11! f 1 1� 1,. � I I ,... ! 1 1. 1 I • 1,
WHEREAS, the City Councilof - City of
Baldwin Park has previously formed a Parks
Maintenance District (hereinafter referred to as the District) pursuant to the terms and provisions
of + and Lighting Act of 1972",DivisionPart 2 of ..
Code of the State of California; and
for continual maintenance of improvements within said District; and
WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with
Chapter # •
# THEREFORE,
# R COUNCIL OF OF BALDWIN PARK
DOES R# A FOLLOWS:
SECTIONSECTION 2. The Director of Public Works is hereby ordered to prepare and file with the City
Council a report relating to the FY 2018-19 levy of annual assessments for said District in
accordance with the Provisions of Chapter 3 (commencing with Section 22620) of Division 15,
Part 2 of the State of California Streets and Highways Code.
##completion, Report+ be • with the City Clerk who shall thiz
submit the same to this City Council for its consideration pursuant to Section 22623 of said Stree'
and HighwaysCode.
Ikesolud(m No. 20 18-233
Initiation of Proceedings and Ordering of Engineer's Report
Park Maintenance District
Page 2
"M 11), 11 offil W, j MI, Iff,
MAYOR
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES S
CITY OF BALDWIN PARK I
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2018-233 was duly adopted by the City Council of the City of Baldwin
Park at a regular meeting thereof held on March 21, 2018 and that the same was adopted by the
following vote to wit:
W F -V ZNT 09 1 A- A 5, % BA��
1411STAINN �.11 ��
ITEM NO.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
6 �3`�ILEY",
PkL
- FROM: Sam Gutierrez, Interim Director of Public Works ,
DATE: March 21, 2018
, V SUBJECT: RESOLUTION 2018-233 INITIATING THE PROCEEDINGS
AND ORDERING PREPARATION OF THE ENGINEER'S
REPORT FOR THE PARKS MAINTENANCE ASSESSMENT
DISTRICT FOR FY2018-2019
SUMMARY
This report requests that the City Council consider the adoption of the attached resolution, which would
authorize the initiation of the FY2018-2019 Parks Maintenance Assessment District (PMAD) and order
the preparation of the Engineers report.
FISCAL IMPACT
The Park Maintenance Assessment District Fund 252 for FY2018-2019 is estimated at $880,546. The
Engineers Report will provide detailed fiscal analysis including any anticipated subsidy participation by
the General Fund.
RECOMMENDATION
It is recommended that the City Council:
Adopt Resolution No. 2018-233 entitled, "A RESOLUTION OF THE CIY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND
ORDERING THE PREPARATION OF THE ENGINEERS REPORT FOR THE FY2018-19 LEVY OF
ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK PARKS MAINTENANCE
ASSESMENT DISTRICT PURSUANT TO THE PROVISONS OF DIVISION 15, PART 2 OF THE
STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE."
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
BACKGROUND
The City has an annual program for the maintenance of City parks. The financial support for this program
is provided through the PMAD. The PMAD, formed in FYI 996-1997, was established in conformance
with Proposition 218. The adoption of the resolution is required to initiate the annual proceedings and
order the preparation of the Engineers Report.
ATTACHMENTS
Resolution No. 2018-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALD'V111
PARK, CALIFORNIA,AUTHORIZING 1
PROCEEDINGS ANM,ORDERING THE PREPARATION
REPORTr LEVY OF ANNUAL
ASSESSMENTS FORTHE CITY OF BALDWIN PARK LANDSCAPING
LIGHTING MAINTENANCE DISTRICT PURSUANT PROVISIONS
OF DIVISION 15, PART " OF THE STATE OF CALIFORNIA STREETS AND
HIGHWAYS CODE
WHEREAS, oof Baldwin Park has previouslyi ,
Landscaping (hereinafter. i to as the District)
pursuant 1 the terms and provisions "Landscaping _ Act 1 i,
Division i, 2 of ..ts and Highways Code of the of California;and
R1 . 1 1 1 i .. 1 1 1
1 ie necesSUEY 10f1111LI1 I
WHEREAS,and
provisions 1' 1; said Division 15, Part 2, require a written report
accordance . i(commencing1
NOW THEREFORE, 1 PARK
DOES RESOLVE AS FOLLOWS:
SECTION 1. That the above recitals are all true, correct, and are hereby incorporated
herein.
DirectorSECTION 2. The of Public 1 hereby ordered i prepare
accordanceCity Council a report relating to the FY 2018-19 levy of annual assessments for said
District in 1 1 of Chapter(commencing
i20) of Division 15, Part 2 of the State of Californiaand HighwaysCode.
SECTION 3. Upon 1 i 1 said Report shallbe filed with the City Clerk who
shall
i . 1 1 1 I` . 1 1 .• 1 i
of
r Streets and Highways Code.
Resolution No. 2018-232
k Moe)
Landscaping and Lighting Maintenance Distric!
Page 2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that
the foregoing Resolution No. 2018-232 was duly adopted by the City Council of the City
of Baldwin Park at the regular meeting thereof held on March 21, 2018 and that the same
was adopted by the following vote to wit:
AYES:
NOES:
AZILILL.
F_A A
STAFF REPORT
,� TO:
' 1�eR)or
rHar
AN,GABRIEI.
r i L LEY
I'T'EM NO. 10
Honorable Mayor and City Councilmembers
FROM: Gustavo Romo, Community Development Director
Victor Viramontes, Economic Development Management Analyst
DATE: March 21, 2018 Illy
SUBJECT: RENEWAL OF GRANT WRITING SERVICES CONTRACT
WITH CALIFORNIA CONSULTING, LLC
SUMMARY
The purpose of this staff report is to renew the contract for a single consultant services agreement with
California Consulting, LLC to continue seeking federal, state, and private grant funding opportunities for all
City departments. California Consulting, LLC will provide services for all grant writing purposes including;
discovery, research, unlimited grant writing and grant administration support.
FISCAL IMPACT
The cost to retain a grant writing consultant for a period of 12 months totals a maximum of $60,000 (at a
retainer in the amount of $4,900 per month plus reimbursable items at a max rate of $100 per month). The cost
will be appropriated from funds related to the grants applied for including but not limited to General Fund, Prop
A Fund, or Future Development Fund.
RECOMMENDATION
Staff recommends the City Council:
1) Approve the Consultant Services Agreement with California Consulting, LLC; and
2) Authorize the Director of Finance to appropriate funds to cover the cost related to the grants applied for
including but not limited to General Fund, Prop A Fund, or Future Development Fund; or
3) Provide staff direction.
BACKGROUND
In 2016, the City used the services of (2) two different grant writing firms to seek grant funding opportunities =to
support a variety of City programs, capital improvement projects and services. The California Consulting, LLC
represented the (Public Works and Community and Economic Development) at a rate of $3,750 a month plus
reimbursables at a max rate of $200 a month. While Del Sol Solutions, LLC represented the Police and
Recreation and Community Services Departments at a rate of $4,500 a month plus reimbursables capped at
$100 per month.
Del Sol Solutions, LLC performed research and submitted a variety of grants for the Police and Recreation and
Community Services Department during the service agreement time period. California Consulting, LLC was
able to successfully secure a grant in the amount of $200,000.
At their City Council meeting on September 7, 2016 staff presented City Council with a 6 -month update on the
grant writing firms and requested direction to continue, modify, or end contract agreements with both firms.
City Council determined that the contract agreement with Del Sol Solutions would not be considered to
continue. California Consulting, LLC offered to represent the Recreation and Community Services and Police
Departments becoming the sole grant writing firm representing all City departments at a rate of $4,900 per
month plus reimbursables at a max rate of $100 per month.
Grant Writing Services Contract with California Consulting, LLC
March 21, 2018
Page 2
Subsequently, the City Council ratified the amended contract with California Consulting to pursue grants for all
City departments at their November 16, 2016 City Council meeting. The direction of the City Council was to
bring forth the service agreement with California Consulting, LLC for renewal.
At the City Council meeting on January 18, 2017 City Council approved a new Consultant Services Agreement
with California Consulting, LLC with an effective date of January 19, 2017 and a termination date of January
19, 2018. At the February 21, 2018 City Council meeting a new agreement was brought before Council to
continue contracting with California Consulting but it was requested that the item be continued to the March 7,
2018 meeting.
Staff is now bringing forth to City Council a new agreement with California Consulting, LLC for them to
continue providing grant-related services. The terms of the agreement continue to be a 12-month agreement for
a monthly compensation of $4,900 per month plus reimbursable at a max rate of $100 per month for a total
agreement amount of $60,000.
Attached for City Council's review is California Consultant's "By the Numbers" report, which indicates an
overall return on investment of 170%.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
The City Council may elect not to approve the Consultant Services Agreement with California Consulting,
LLC.
ATTACHMENTS
#1 — California Consulting, LLC Agreement
#2 — California Consulting, LLC "By the Numbers" report
GRANT WRITING SERVICES AGREEMENT
DATED: March 21, 2018
PARTIES: California Consulting, LLC, A California Limited Liability Company,
(hereinafter the "Consultant"); and
City of Baldwin Park (hereinafter the "Client")
AGREEMENT:
The undersigned hereby agree to the following terms and conditions:
Section 1. Duties of Consultant: During the term of this Agreement,
Consultant shall provide the Client as follows:
a. Grant research, targeted grant research on projects specifically identified by the client,
identification of funding opportunities, and grant writing at direction of Client;
b. Offering Client general advice on matters involving funding mechanisms, grants research,
identification, and writing; and
c. Perform post -grant award administration on the grants which are awarded to the Client,
including the filing of required documents by the proscribed deadlines set by the awarding
entity.
d. Services listed above will be provided for all departments within the City of Baldwin Park.
Section 2. Tiiadie foa- Pe.i°foi�niaitce of t)uties: Notwithstanding any other term
or condition of this Agreement, Client specifically acknowledges that Consultant has other clients
and/or outside employment. Consultant shall have control over the time and manner of performing
its duties described in Section 1, and shall make available such time as it, in its sole discretion, shall
deem appropriate for the performance of its duties under this Agreement.
Section 3. Teraar aaf (he A meemeut: The effective date of this Agreement is
March 7, 2018 and shall continue until March 7, 2019, at which time the Client has the option to
continue the Agreement on a month to month basis allowing either party to discuss new terms at
any time. If Client continues on a month to month basis, all terms of this contract are valid and is
effect and a new Agreement is not required.
Section 4. CrainpD!sation: Client shall pay Consultant $4,900 per month as
compensation for Consultant's services as described in Section 1. Consultant will provide Client
with a written invoice. Client agrees to pay invoice within 30 (thirty) days of receipt.
Section 5. �, )cn,ses: The Client agrees to reimburse the Consultant for
reasonable out-of-pocket expenses related to performing services on behalf of the Client. Such
expenses typically might include, but are not limited to, mileage, conference calls, copies, binding
costs associated with grant application preparation, postage, parking, travel, and lodging expenses.
Consultant will not request reimbursement for any expenses in excess of $100.00 each month,
without written authorization from Client. Consultant shall provide Client with a description and
supporting documentation for expenses with the invoice.
Section 6. 1 elaatuonact ip: Consultant shall perform its services hereunder as
an independent contractor and not as an employee of the Client or an affiliate thereof. It is expressly
understood and agreed to by the parties hereto that Consultant shall have no authority to act for,
represent or bind the Client or any affiliate thereof in any manner, except as may be agreed to
expressly by the Client in writing from time to time.
Section 7. C"ondudentiaala"t : Except in the course of the performance of its
duties hereunder, each party agrees that it shall not disclose any trade secrets, know -how, or other
proprietary information not in the public domain learned as a result of this Agreement. Similarly,
the parties agree that they shall not disclose or divulge this Agreement, or any of its term or
conditions to third parties, except as is necessary to perform the terms and conditions stated herein.
Section 8. Ilndeninification: Each party shall defend any third party claim
against the other party arising from the death of or physical injury to any person or damage to the
indemnified party's property to the extent proximately caused by the negligence of the
indemnifying party or its agents or employees, and indemnify and hold harmless the other party
and its respective officers, directors, employees and volunteers from and against damages,
liabilities and reasonable costs and expenses, including reasonable legal fees incurred in connection
therewith. Consultant maintains liability insurance in the amount of one million dollars.
Section 9. Aisi gnnient: This Agreement shall not be assignable by either
party; provided however, that Consultant shall have the discretion to allocate its duties hereunder
to owners, affiliates, or employees of Consultant.
Section 10. No Guaranteed Result: Client acknowledges and agrees that
Consultant does not have control over third party decision makers, and therefore Consultant makes
no representations, warranties or guarantees that it can achieve any particular results. Consultant,
however, shall act in good faith toward the performance of its duties described above.
Section 11. Prior Agreements: This Agreement shall supersede any prior
agreements between the parties, and serves as the sole and only agreement between them. This
Agreement may only be modified by a writing signed by both parties.
Section 12. CKaavernin y Law: This Agreement shall be deemed to be a contract
made under the laws of the State of California and for all purposes shall be construed in accordance
with the laws of said State.
Section 13. Attorneys 1+ees: The prevailing party in any action filed that arises
out of this Agreement shall be entitled to recoup their reasonable attorney's fees and costs from the
other party.
courier to:
Section 14. Notices: All notices will be sent via certified mail or overnight
[THIS SPACE INTENTIONALLY LEFT BLANK]
!
CONSULTANT: California Consulting, LLC
214 Main Street, Suite 102
El Segundo, CA 90245
CLIENT AT: City of Baldwin Park
Attn: Shannon Yauchzee, CEO/City Mager
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Section 15. 'Termination: This Agreement may be terminated by either party
for any reason not in violation of federal and/or California State law upon thirty (30) days written
notice to the other party. Client shall compensate Consultant for all services rendered prior to the
date of termination. There shall be no liquidated damages in the event of termination under this
provision.
IN WITNESS THEREOF, this Agreement is executed on the dates set forth below
and effective on the date first set forth above.
"CONSULTANT"
California Consulting, LLC
(A California Limited Liability Company)
By_____
Steven N. Samuelian, CEO
-3-
"CLIENT"
City of Baldwin Park
Manuel Lozano, Mayor
City of Baldwin Park
the Nu rn herrs ~
Total Grant Awards
Home for Good 2017-2018 City Planning Grant
HCD Housing Related Parks Program
OTS Selective Traffic Enforcement Program
National League of Cities CHAMPS Program
OTS Pedestrian/Bicycle Safety Grant
Caltrans Systemic Safety Analysis Report
LA County Competitive Tree Planting Grant
Total Paid to CC
Overall Return on Investment
Total earned for City
Per Working Day
Working Days
i, ,
$50,000
$81,324
$70,000
$25,000
$40,000
$134,860
$200,000
$102,184
$499,000
$945
528
Punkin SchonleffThuhlic ARA
Luskin
Conter
11111,„ ., a d,-,,, , ,: ,R
December 2017
Table of Contents
EXECUTIVE SUMMARY....., ................... _ ............. ......... ..... 3
EvaluativeCriteria ......................„„,..,......,„w,.,,„..„..............,...................... 3
Overarching Considerations................................................ ............„,..... __ 4
AnAssessment of the Options .............................. ............. ......................... 5
CHAPTER 1: INTRODUCTION.. ...... ................... ....................... ...... 7
CHAPTER 2: STATUS OF EACH OPTION. ... ,.,,...m......... ...,w....,,,* ......................... 10
2.1 Overview ..........,,,,. ..... ............. ...„,. 10
2.2 Timelines and Operational Readiness......„..,........................................„.,,, 13
2.3 Start and Termination Processes............................................................ 14
CHAPTER 3: GOVERNANCE ......................ry.........,„,....,,.................,..............,.. 16
3.1 Decision -Making Process........................................................„,,.,,.,........ 16
3.2 Reflecting Local Preferences...................__.........,.........„„...........,,,........ 20
CHAPTER 4: ENERGY PROCUREMENT ..................................... ..........,........... 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 .......__ ..................................__ 33
5.3 Local Program Financing....................................................................... 35
CHAPTER 6: FUTURE CHALLENGES.......,„ ........... ..„...,.,.,„........... ............. ......... 37
6.1 Legislative Risks.. .. ......... .............. .............. .... __ ....... 37
6.2 Regulatory Risks: PCIA....................................................................... 39
6.3 Market Force Risks ................................... .............. .. ....... ....,,.,,,,,,,....... 41
CHAPTER 7: CONCLUSION.....,..,.w.................................µ...,,,...,».,,,,,,,,....,..... 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.
[MOUILDItl 41 4A
Contact: Jg acc otl .edu krufrihull a)lusl<irl.Llcl dL.
UCLA Luskin Center for Innovation:
rm! v irrr v i.rorWu, kin ucla.e lu.
December 2017 by the Regents of the University of California, Los Angeles. All
rights reserved. Printed in the United States.
0
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.'
Evaluative Criteria
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. htp,/r1q9vaboft, b
California -0
3
Overarching Considerations
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 SBCP. 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
0
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
E
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.
L
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.
Figure 1. Timeline of CCA Launches
SCP CPSF SVCE RCEA g?
MCE LCE PCE AVCE PRIME
e1C r;t;. 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; SVCS, 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
i7
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.
M
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
2.1 Overview
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.
ZLACCE (2016). "County of Los Angeles Community Choice Energy Business Plan."
CNl. y11 ht l�'1 7 C. Huai 1.i�l.Y:"/ �QsIt .udy_ LACCE (2017). "Los Angeles
Community Choice Energy Business Plan Update."
Ntfa,�Lj/ 0:bmN illi Y/L—A ' rvG Ga/cu A"1F; a uru ...5; 1 ! w'l rprr/c ON.�. CNati4 .'I. .�....4?.�If ; LACCE
(2017). "Los Angeles Community Choice Energy (LACCE) Community Choice Aggregation Implementation Plan and
Statement of Intent."
Nh�,.l IrmlulJl.1a a 9.lra1Ny� I.a( Ci'1.4;1IG.�f ��1, �krrap,� /,dll�'@sYr.1�,1Yu ko0. l,rdN'; LACCE. "Los
Angeles Community Choice Energy gy Authority Joint PowersAgreement "
d.Y,I. urlidrr urgi�.Jav/F :� r lrun aiN�klFbrjfl-%,J?tli�-�A��I.?,'!�n,�+OG:xivah Lll/s,',( kt.e,l ?Jk!uII_....l1 ? ..N J.V--(If
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
3SBCP (2017). "South Bay Clean Power Draft Business Plan."
fits _sdj jean cater m t ILh��y flees w„ o cB �r � craCw[ k /� % @ h�.;fl� ..1 {9 a r .i,.il�Lr._ �1?1.) O ,! pLt(; SBCP
(2017). "Financial Strategy. 9W11�,)'sk.f� Ici�t)rIVc,�r:�kd,�91C_1L.34 .I.i:,ynKes(::
agate y._ lyra f fuf� _l&d and SBCP. "Draft JPA."
Jf1 a npyi 1 ro �alpG�li t cl draft clearl.pdf.
4 South Bay Clean Power (2017). "Our Cities c atti�a _clfs�i, s')wg/"Jt,!p x..11.9.�����ip
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
s California Choice Energy Authority (2017). "About CCEA." /co AQ��uenq! AgramLojAUK�Awgty.."0Oj1K1,1Q U,
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
2.2 Timelines and Operational Readiness
LACCE is the most operationally ready option as it submitted its implementation plan
to the CPUC and is awaiting certification.' 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."
11,tlw,L'�ut.Y.04�.Pf::lle.,ul u[ilIl��tyL'I "}�.?.,rNtN7aAc,trsL]Ma kllig`1.�.cr,,N�J L1f.r
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.
IN
The figure below illustrates the proposed implementation timeline of each option.
_W --l-1-1-1-1—..., ._..,..
Business Plan Implementation Phase 1 Phase 2 phrase 3
Plan and Launch Launch Launch
Statement of
SBCP
Intent
......... �----------- . 1 11"I'll ... .,.,.0„- ..
Business Plan impiernentation a Phase 3
IF'll<N�u andII �roa.sa» tt. II'iroase �.
Statement of
Launch Laua!irur..h Launch
intent.
11111 e,. ...
CCEA Feasibility Study Implementation FulH
P'llan and Launch
Statement
intent
.pure nojw : 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.
2.3 Start and Termination Processes
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.
14 CCEA. "First Amendment to the Joint Exercise of Powers Agreement Relating to the California Clean Energy
Authority." Section 12.
W
-yW fir,,
3.1 Decision -Making Process
Distribution of Power between Board Members and the ]PA
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.
Table 1. Distribution of Decision -Making Autonomy for Each Option
Decisions made by
Rate setting
the individual
Default product
TBD by board
Programs
members
TBD by board
Power content
autonomously
..,, _�....,
............... _....--�
wwwwRate
Default product
Rate setting
ocalsetting a
p g
Local programs
None
Decisions made
• Power content
Power content
(the board members of the
collectively
• Power procurement
Power procurement
CCEA JPA are solely
through votes by
'Approving additional
Default product
composed of the Lancaster
member cities
member cities
.Approving additional
City Council members)
Contracts with third -parties
member cities
..._
. Contracts with third -parties
.
..procurement
Decisionsmade
Allpower and
d nt
balancingle 5 years
member cities, or
• None
None
Contracts with third -parties
with little input
•Approving additional
from member
member cities
cities
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.
Figure 3. Decision -Making Process Flow Chart
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.
M
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
RCEA SCP SVCE SBCP PCE LACCE MCE
+�"igi'e nater 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.
W
Table ta Monica's Lr within LACCE16
• • •
e
e.e
• •• e•
e
•.e
• e
••e
Unincorporated LA County
.Carson........_
53.3% .._
A
Unincorporated LA County
......� .
38.8%
Unincorporated LA County
w .-_.......................
34.6%
o
12.5% w...
Carson 66666... �...
9.1%
Carson .........
8.1%
.. .......�...._
Santa Monica
11.0%
Santa Monica
8.0%
��� Santa Monica
7.2%
Downey
°
7.2%�
Beverly Hills
5.3�/��
Beverly Hills ......
4.7%
Alhambra
4.7%
Downey ........... �
5.2°%
Downey .,��.._ �..
4.7%
_.� _......._ �
West Hollywood
°
4.2%
West Covina �
°
4.1%
West Covina...
3.7%..�
°
Calabasas
°�
2.9%
Manhattan Beach
3.6°
%
Whittier � �.m....�...........
3.2%
Claremont _
°
2.1%
Hawthorn ._...........
e
3.5%
.Q.
Manhattan Beach
3.2%
_..
mm_...... w www.... ...
Pasadena
.... ..
1.4%
Culver Cit y
3.4% �
Hawthorne
............. �........�_�....��....
o
3.1%
_South
Sierra Madre....
°
0.6%
.......������ .,..,,,
Alhambra �.......
3.4%
�..
Culver City ____
3.1%
.....-
Rolling Hills Estates
0.2%
. �
West Hollywood
3.0%
Alhambra
����...i
3.0%
Redondo Beach
°
Arcadia
adia
3.0%
Paramount
2.2%
West Hollywood ww
2.7%
_........._._m
Calabasas
2.1%
Redondo Beach
2.7%
Claremont
1.6%
Covina
2.2%
_
.�w.......
. .....................................-
Agoura Hills
1.5%
Paramount ...... _���..
2.0%
�.���. �.
W_. m......
South Pasadena����_. _.._.....
1.0%
Calabasas
1.9%
Palos Verdes Estates
0.6%
Claremont
���.. ...__. ....
°
1.4%
.... �....... ..._�� �.
Sierra Madre
0 5%
Malibu
1.4%
_ w�.......... ......� � �_
Rolling
Rolling Hills Estates
............_........�
0.1%
�...
Agoura Hills _
1.3%
�,.
La Puente
1.0%�..
South Pasadena
0.9%
Palos Verdes Estates
0.5%
Sierra Madre
0.4%
a
_...........�_ ..�. �� .
........ .......�...
Rolling Hills Estates
0.1%
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 tl t aw1lA+Arw-
19
Table tMonica's Load Share within SBCp17
table 3 nate,° 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.
IIIIII IF ii
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. Ifttlgn�a9N�9a„yceCo��i0yyc�.�a,ou.i� a"' t��r �m:19,,q�l
20
e
.
.•
Torrance.
54%
Torrance ..�
46.3%
Torrance
WWWWWWWW
.. 24.8%
Santa Monica ....
32%
S anta Monica
27.0%
Carson
20.3%
Malibu
7%
dondo Beach
°
..... m8 m8�
Santa Monica mmm
14.4%
_
Beach
3%
.._.
Malibu
6.2%
Beverly Hills
10.4%
_Hermosa
Lomita
2%
Manhattan Beach
—��_..._...
5.9/%
Culver City
www..._.. ..�
6.9%
_...�
Palos Verdes Estates
2/
Hermosa Beach
2.3%
West Hollywood
5.0%
Lomita
1.8%
Redondo Beach
4.7%
.
_
Palos Verdes Estates _
1.8°h
Malibu
3.3%
�......._. ......
Manhattan Beach
3.1%
.�..�._ �.
.......�
�. ....
.Rancho Palos Verdes
3.0%
n
Hermosa Beach
1.3%
Lomita
0.9%
_
Palos Verdes Estates
0.9%
.._ _.............
........ �W...
Rolling_�.....-.�.m._.
Hills Estates
0.9%
table 3 nate,° 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.
IIIIII IF ii
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. Ifttlgn�a9N�9a„yceCo��i0yyc�.�a,ou.i� a"' t��r �m:19,,q�l
20
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
4.1 Power Content and Rate Comparison
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 10% 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
Figure 6. SBCP Example Products in 202021
w
7
21 SBCP (2017). "Financial Strategy." Pages 16-17.
23
l
Electricity rates and power mixes will only be finalized once they have been approved
by LACCE's or SBCP's respective ]PA board. If the Santa Monica City Council elects
the single -city option, they will have full autonomy over rates and power mixes.
4.2 Category 3 Renewable Energy Certificates
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.
Figure S. RPS Portfolio Content Category Requirement23
EO
m
Wm d gV vole'"'IV V. I "d7:�Wu
OO If mONoty 8 «
Au'r+¢m�u OrwoohImuIQ ftmo
Oro ViorwyI -od OR
Npx OWNY I I a
h catellwy 2 a'gty
22 California Public Utilities Commission (2017). "RPS Procurement Rule."
s_ gca.v_fRP 6 0 _ �nw 7��r,:C:t:l ...l�ail4 ... -:1
23 Ibid.
24
fd DOM"WWA Flow
M
MW '06 ON I.15%
Wa Wave" 3 -IN,
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 ]PA
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.
4.3 Exploring the 100% Renewable Option
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 40/o 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,
go
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.
Table 4. Comparison of Demographics:
the Cities of Portola Valley and Santa Monica26
4.4 Energy Services and Third -Party Contracts
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 ServiceS28
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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 pror9UcUS Ir"nclr,ude physical electricity products (energy, capacity, renewable energy certificates,
emosslor"r reduction credits, and andliaryservices), physical fuel products (primarily natural gas, transportaflon and
storage) and financial or Insurance products (transmission congestion revenue rights, Call/put optiauras, QIuuIU-panty
spreads, etc).
27
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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 pror9UcUS Ir"nclr,ude physical electricity products (energy, capacity, renewable energy certificates,
emosslor"r reduction credits, and andliaryservices), physical fuel products (primarily natural gas, transportaflon and
storage) and financial or Insurance products (transmission congestion revenue rights, Call/put optiauras, QIuuIU-panty
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
W
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.
Figure 10. Comparison of Consumption Distributions by Climate Zone30
OjM,,at6, Zone, 6
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i ta�c� eet,: 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."
dj,uPJJ Consumption data and distribution
images from California Public Utilities Commission (2017). "2016 Residential Electric Usage and Bill Data Statistics
by Climate Zone." 11t,kgp,l v u c a.n .c a g ,�a, F016/
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.
gul
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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 Startup Costs
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.
Table 5. Startup Funding Requirements and Sources for Existing CCAs32
Startup 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
Start -Up Funding
L $703,940
Esalsting
�.. ._,
Requirement' wurdlnSourca
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MCE Clean Ener BV
$2- $S million
Startu loan from the of Marin, Individual
P County
To be paid back in June 2018
guaranteed by initiating cities.
Investors, and local community bank loan.
$40-50 million to start energy
$10 million loan 50%
loan from Sonoma County Water Authority as well as
Sonoma Clean Power
$4 - $6 million
loans from a local community bank secured by a
of credit, another County Loan.
—,wSonoma
County$ental fund uaranteemm
CleanPower SF
-$S million
AppropHatlons from the Hatch Hetchy r (SFPLIt
_.. ....... ....
—�.. ... ....... ...
Lancaster Choice CCA
....
~$2 mllllon
Loan from the City of Lancaster general fund.
Peninsula Clean Energy
$10 - $12 million µ
San Mateo County has stated a willingness to fund a
%MM escrow to secure lenders.
r Source: Respective entity websites
and publicly available
Information.,�w.,_�,
Startup 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
L $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
I 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
5.2 Economies of Scale in Operating Costs
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
Figure 11. Non -Energy Operating Costs per MWh33
Operating Costs per MWh
LACCE- SSCP MCE LACCE- PCE SVCE SCP CCEA LCE AVCE
High Low
r rp, _jj17o e., 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
_4911• !+
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.
tttt%... fln s� y kgn�.V uski s,�.q;:� a 4k .G�. n . rrk p„I, nmu, ,�an7icl ek'r;a[le�tg ` �.IIIV I�i� t c i;
Our method utilized the National Renewable Energy Laboratory Jobs and Economic Development Impact Model.
35 MCE (2017). "Financial Statements Years Ended March 31, 2017 & 2016 with Report of Independent Auditors.”
i1ttl JZ, c fn..or .x_qi-In
36 LACCE (2017).
"Los Angeles Community Choice Energy (LACCE) Community Choice Aggregation Implementation
Plan and Statement of Intent." Page 10.
M
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 services".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.ao, a1, 42
6.1 Legislative Risks
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)".
Ett:�'q;� 11wwvrn�,.IrG��, trq a�tav��d�'�i � lor���pict1..
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.
Table S. Phase Out of the ITC44
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 fund S.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 'ruse 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. i�Utps..s�.wvwr € r „. c v/ _a_c iv l � „fpci(Pl1 it C 14a , r�.I.0
45 LACCE (2017). "Los Angeles Community Choice Energy Business Plan Update." 17.
46 Ibid.
WN
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).
6.2 Regulatory Risks: PCIA
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."
48 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."
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.sz
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."53
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. -96 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."58
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."
J dip,1j„Il 1125/<1A6 99—SI i6,3216.11DE
53 California Public Utilities Commission (2017). "Comments of the
California Community Choice Association.”
iatt,l t1 atc .. p4� ,: rJ7 i u_k II,I U gg,51 (1Ue'_ QL)QJM.151V99,NZ- X7107/61 I'CIE
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.
.N
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.
6.3 Market Force Risks
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 500% 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.
Nttk �i_lrrr� bvd ieaiq 9 Iro1.a,i. i c alb f r1�. �it1E.a:c d ,l sm ..awr 1 c 7w mm11 u G r c ju.ii7n la �aiy..:.Rzc�ncr cta b e c is r:; 11a� ii.r i �-0
41
Figure fRequirementsover Time.0
0 !
MW W XW, No$ W9 AM M Wu ml M11 X0 Z016
............ uV .............. �'Wx ............... A
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. 1161
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,"
_aLEa!
63 California Public Utilities Commission (2017). "California Direct Access Program."
1bq.X_Lf�a�x� c',1_c�Wg,ira�� �lgxic9 .LL781..
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, Hawaii Electric Light (2017). "Customer Self -Supply and Grid -Supply
Programs."k'!1.td��:11. �L I,w i&d"per gs�rl,r_icm.. rr�; q�w ?":n �r°d. ia�w 1jj1 g1_5i ,c at
65 The Rocky Mountain Institute. "The Economics of Grid Defection. 11�IMal�p7!"I ae}"ruaJq,ir���w�a�1���a�l�a,-,
43
Figure 13. Solar and Batterr;Electricity Compared to
Utility ;r Price Projections66
S U Y LEVELIZED COST OF ELECTRicrry(L )
VS. UTILITY RETAIL PRICE PROJECTIONS
COMMERCLAL - BASE CASE N
u's
LauleUh
wwk�wdw
S®n rie
r N�wAn
ui�
CA an%
tla, PSI �a
$2.00
60.40 o n�
I
Q� r w 1�4W!IJ1�{�A� A
��IDAUfPury�Ap�Wu4(FN4� G, blow, � � 4i10
..----
r�..rrrrrrrrrrrrrr.r-»..�..«,wrv.M«wwlw
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Mitigation Strategies Suggested by Each Option
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 '168 and "not engage in
long-term contracts prior to... further clarity on the risk Direct Access poses. '169 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.fgv.!1j �s Jl�q�ryu g e j,I ssa'gw(aL c r y y.C��gylr
67 LACCE (2017). "Los Angeles Community Choice Energy Business Plan Update" Page 17.
69 SBCP (2017). "Financial Strategy." Page 42.
69 Ibid. Page 27.
70 SBCP (2017). "Financial Strategy." Page 27.
MA
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 ."71 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.
EllIT, 7O
45
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 CCA 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.
EN
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
ITEM NO. 11
STAFF RE PORT
TO: Honorable Mayor and City Councilmembers
Flu �' o � �
FROM: Gus Romo, Community Development c,t��r�
Amy L. Harbin, AICP, City Plaau���
1. y DATE: March 21 2018
SUBJECT: SECOND READING OF ORDINANCE NO. 1405, AN ORDINANCE
OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION
153.170.090.C, AMENDING TABLE 153.170.080 AND AMENDING THE TITLE
OF SUBSECTION 153.170.090 RELATING TO ELECTRONIC
READERBOARD SIGNS.
SUMMARY
This report requests City Council approval of Ordinance No. 1405 amending the City's Municipal Code Zoning
Ordinance Subsection 153.170 et seq relating to electronic readerboard signage.
FISCAL IMPACT
There is no fiscal impact associated with this item.
RECOMMENDATION
Staff recommends that the City Council adopt Ordinance No. 1405 on second reading, read by title only, and
waive any further reading thereof.
BACKGROUND
This Ordinance was introduced at the City Council meeting on March 7, 2018 for first reading, and at that
meeting Ordinance No. 1405 was approved by the City Council.
ATTACHMENTS
#l, Ordinance No. 1405
FAVW
VAT
- Q[
LIff" � a I LTA I
, *WE
ORDINANCE NO. 1405
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN
PARK ADDING SECTION 153.170.090.C, AMENDING TABLE
153.170.080 AND AMENDING THE TITLE OF SUBSECTION
153.170.090 RELATING TO ELECTRONIC READERBOARD
SIGNS.
WHEREAS, signs located within the City can provide a reliable means of advertising
for a business, they also can be detrimental to the safety, aesthetics and general welfare of
the community without development standards;
WHERAS, larger businesses with three (3) or more acres, along major thoroughfares
would desire alternatives to standard static signs to promote their business within the City of
Baldwin Park; and
WHEREAS, the overall intent of proposed amendments is to provide additional
support for existing and newly established businesses and larger businesses and not
circumvent, the intent subchapter 153.170 relating to urban design, vehicular and
pedestrian safety, visual quality, and communication.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain
as follows:
SECTION 1. The foregoing recitations are hereby adopted by the City Council as
findings. Based on those findings, the City Council determines the public health, safety and
general welfare of the City of Baldwin Park, its residents, property owners, businesses and
visitors can be enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow
electronic readerboard signs with development standards it is in the best interest of the
community to amend the BPMC accordingly.
SECTION 2. Based on the foregoing findings and determinations, the title of
subsection 153.170.090 of the BPMC is amended to read as follows:
§ 153.170.090 — Sign Regulations for Specific Land Uses or Sign Types
In addition to other standards set forth in this subchapter, the following land uses or sign
types are subject to the following regulations
SECTION 3. Based on the foregoing findings and determinations, the BPMC is
amended to add Section 153.170.090.C, to read as follows:
C. Electronic Readerboard Signs.
i, Sign Defined. An Electronic Readerboard Sign is a sign that incorporates
changeable messages which may be changed by electronic processes or by
remote control.
Ordinance 1405 - Page 2
2. Applicability and Review. Electronic Readerboard Signs are allowed,
subject to approval of a Conditional Use Permit and Design Review, for
businesses with a minimum of three (3) acres (for the overall business),
within the C-2, F -C, I -C and I Zones and along a designated truck route. This
sign type may be installed in lieu of, but not in addition to, freestanding
and/or monument signage permitted on-site.
a. Design review shall include review of the following sign elements: sign
style, sign height, sign size, number of other signs on the site, sign
placement and sign materials, subject to the criteria established in this
subsection.
3. Orientation. Signs shall not face residentially zoned properties or residential
uses, schools, hospitals, convalescent hospitals and other sensitive land
uses as deemed appropriate through the conditional use permit process.
4. Message Duration. Messages shall remain static for a minimum of eight (8)
seconds. Message changes shall occur within a minimum of two (2) seconds
and a maximum of five (5) seconds.
5. Activity. Messages on the Electronic Readerboard Sign shall rotate only
during normal business hours or as deemed appropriate through the
conditional use permit process.
6. Contrast. Electronic Readerboard Signs shall be adjusted to maintain
contrast between the sign face and surrounding areas, subject to review and
approval through the conditional use permit process.
7. Illumination. The following provisions apply to the illumination of Electronic
Readerboard Signs:
a. Automatic dimming controls shall be installed, either by photocell
(hardwired) or via software settings, in order to bring the lighting level
down to avoid spillover and light trespass onto abutting or adjacent
properties and to avoid glare at any time of the day.
b. Electronic Readerboard Signs shall be adjusted to minimize the degree
of brightness and glare. Lighting levels should be sensitive to the
environment and react with natural light sources, subject to review and
approval through the conditional use permit process.
c, Sign illumination during nighttime hours may not exceed a maximum
luminance level of 750 cd/m2 or Nits, regardless of the method of
illumination.
d. Electronic Readerboard Signs with external illumination, whether the
lighting is mounted above or below the sign face or panel, shall fully
shield all lighting fixtures or luminaries.
Ordinance 1405 - pace 3
SECTION 4. Based on the foregoing findings and determinations, the BPMC, Table
153.070.080 is amended to read as follows:
Tial 11.170.00
Sign Regulations by Zone
,o
Maximum
Maxiintmi
Maximum
Zone
Sign Type
C mnber
Sign .:Area :
Height
Notes
R -G and
Monument
1
24 sf
4 ft
R-3
Wall
1
36 sf
4 ft
Monument
1 per frontage
_ 32 sf
6 ft
C-1,
e
MU -2
Wall
1 or more
50 sf
4 ft
Monument
1 per frontage
64 sf
12 ft
In lieu of a monument sign, an
C-2,
Electronic Readerboard Sign
MU -1
may be permitted, subject to
F -C,
approval of a Conditional Use
I -C,
Permit and Design Review,
without
provided the sign complies with
freeway
the provisions outlined in
frontage
§153.170.90.0.
Wall
1 or more
2 sf of sign area per
6 ft
linear foot of primary
building frontage
Secondary
1 or more
1 sf of sign area per
4 ft
Wall
linear foot of primary
,o
Ordinance 1405 - Pacae 4
Table 153.170.080
Sign. Regulations by Zone
each linear foot of
primary building
frontage
1'v'.9axinit ll
Matltut't
Maximum
zolle
Sign Type
Nuniber
Sign Area
Height
Notes
Freestanding
1
1 sf of sign area per 1
80 ft
1. A maximum of 1
linear foot of street
freestanding sign is permitted
frontage
for lots with less than 800
linear feet of street frontage.
One additional freestanding
sign is permitted for lots with
more than 800 linear feet of
street frontage. For this
C-2, F®
purpose, a commercial center
C, I -C,
is considered a single lot.
with
freeway
2. Additional sign face area for
frontage
monument signs may be
granted in lieu of use of
freestanding signs, per criteria
established by the Director of
Community Development.
3. In lieu of a freestanding sign,
an Electronic Readerboard Sign
may be permitted, subject to
approval of a Conditional Use
Permit and Design Review,
provided the sign complies with
the provisions outlined in
§153.170.90.0.
Monument
....................................
1
40 sf
20 ft
Cn lieu of a monument sign, an
Electronic Readerboard Sign
1
may be permitted, subject to
approval of a Conditional Use
Permit and Design Review,
provided the sign complies with
the provisions outlined in
§153.170.90.0.
Wall
1 or more
1 sf of sign area for ....................
6 ft
each linear foot of
primary building
frontage
Ordinance 1405 - Page 5
SECTION 4. This ordinance shall go into affect and be in full force and operation from
and after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED ON THE _ day of , 2018
MANUEL LOZANO, MAYOR
ATTEST:.
ALEJANDRA AVILA,
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on _ _w ........................_., 2018. Thereafter, said Ordinance
No. 1405 was duly approved and adopted at a regular meeting of the City Council on
—, 2018 by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER.-
ABSTAIN:
OUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ALEJANDRA AVILA,
CITY CLERK
STAFF REPORT
j�NLP '
$U60F
THE "
SWEABRIEL
ALLEY �'
sa, .unr�r���
TO:
I'T'EM NO. 1-2
Honorable Mayor and City Councilmembers
FROM: Shannon Yauchzee, Chief Executive Officer
Laura J. Thomas, Human Resources/Risk Manager
cwt
D ATE: March 21, 2018 �
SUBJECT: RATIFY AND ADOPT RESOLUTIONS APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
BALDWIN PARK AND THE BALDWIN PARK POLICE ASSOCIATION
(BPPA); AND APPROVE RESOLUTIONS UPDATING THE PAY SCHEDULE
REFLECTING SALARY AND BENEFIT ADJUSTMENTS IN ACCORDANCE
WITH CALPERS ESTABLISHED GUIDELINES
SUMMARY
This report seeks City Council consideration and adoption of Resolutions approving the Memorandum of
Understanding (MOU) between the City of Baldwin Park and the Baldwin Park Police Association (BPPA) and
updates to the comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments and employee
benefit changes.
FISCAL IMPACT
The new MOU and Benefits schedule are structured and will be implemented over a three year period effective
July 1, 2017. The estimated fiscal impact is as follows:
Fiscal Impact FY 2017-18 _ FY 2018-19 _ FY 2019-20 Total
3 years)
General Fund 250,503 1,413,582 2,731,304 4,395,389
Special Revenue and
706 23 334 24 47
..., �514
Other Funds 21, � � 4 69,
u,9 2 778 — w...�. ,
� 72,209 1,436,916 ,755,778 4,464,903
Total... Fund Type . 2.
RECOMMENDATION
Staff recommends that the City Council approve, ratify and adopt:
1. Resolution No. 2018-234 approving the MOU with the Baldwin Park Police Association (BPPA); and
2. Resolution No. 2018-235, updating the comprehensive City of Baldwin Park Pay Schedule to reflect
salary adjustments effective January 1, 2018, in accordance with approved Memorandum of
Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and
3. Resolution No. 2018-236, updating the comprehensive City of Baldwin Park Pay Schedule to reflect a
five step compensation plan effective March 25, 2018, in accordance with approved Memorandum of
Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and
4. Resolution No. 2018-237, updating the comprehensive City of Baldwin Park Pay Schedule to reflect
salary adjustments retroactive to July 1, 2017, in accordance with approved Memorandum of
Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and
5. Resolution No. 2018-238, updating the comprehensive City of Baldwin Park Pay Schedule to reflect
salary adjustments retroactive to December 1, 2017, in accordance with approved Memorandum of
Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and
[POA MOU Approval & Salary Resolution
[March 21, 2018]
Page 2
6. Resolution No. 2018-239, updating the comprehensive City of Baldwin Park Pay Schedule to reflect
salary adjustments retroactive to October 4, 2017, in accordance with approved 'Memorandum of
Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and
7. Authorize the Finance Director to complete budget amendments and appropriations.
BACKGROUND
Per the City Council's direction, staff met and conferred with representatives of the Baldwin Park Police
Association (BPPA). As approved by the City Council, the negotiation process has been concluded and a
majority of the members of the subject bargaining group ratified the proposed changes in the respective
Memorandum of Understanding.
Upon adoption of Resolution Nos. 2018-234, 2018-235, 2018-236 2018-237, 2018-238, and 2018-239,
respectively, the MOU with the Baldwin Park Police Association (BPPA) will implement the terms and
conditions of employment through and including June 30, 2020, as negotiated.
The following are the significant changes to the City's current agreements in the proposed MOU:
I3t�c1�n.'+111 Pelt Aa,r1ltflr
Sworn & Non -Sworn employees
1. Compensation Plan: Seven (7) step compensation plan modified to a Five (5)
step compensation plan (5% between steps) upon MOU ratification
and adoption of salary resolutions.
2. Cost of Living Adjustment: +2% retroactive to the first full pay period of Fiscal Year -2017-18
+2% effective the first full pay period of Fiscal Year 2018-19
+2% effective the first full pay period of Fiscal Year 2019-2020
3. Bilingual Pay City to increase bilingual monthly premium by $50.00.
Sworn employees only
1. Longevity Pay: City to include a monthly Longevity Premium to each lateral officer,
based on years of full-time continuous law enforcement service effective
the first full payroll period after MOU ratification.
2. Medical Insurance: City to increase premium contribution by $200 a month effective the first
full payroll period after MOU ratification.
3. Specialty Assignment City to add the following assignments eligible for
specialty assignment pay of $300 per month
effective the first full payroll period after MOU
ratification as follows:
[POA MOU Approval & Salary Resolution
[March 21, 2018]
Page 3
CSO Sgt. /Officer —
Range Master -
First Aid/Medic/EMT-
Force Training Officer -
Corporal Assignment -
maximum (1) position
maximum (1) position
maximum (2) positions
maximum (3) positions
maximum (6) positions
4. Incentive Pay City to allow employees who meet eligibility requirements to
concurrently receive educational incentive and P.O.S.T.
certificate incentive pay effective the first full payroll period after
MOU ratification.
City to increase premium contribution by $200 a month for Sergeants with
Supervisory P.O.S.T. Certificate effective the first full payroll period after
MOU ratification.
Non -Sworn employees only
1. Longevity Pay: City to include a monthly Longevity Premium to each non -sworn
employee based on years of full-time continuous service effective
the first full payroll period after MOU ratification as follows:
10-14 years of full-time continuous service -
$100 per month;
15-19 years of full-time continuous service-
$200 per month;
20-24 years of full-time continuous service -
$300 per month;
25 or more years of full-time continuous service -
$400 per month
2. Medical Insurance: City to increase premium contribution by $450 a month and cash out cap
increase of $250 a month effective the first full payroll period after MOU
ratification.
Specialty Assignment City to add the following specialty assignments and specialty
assignment pay effective the first full payroll period after
MOU ratification as follows:
Jail search - maximum (4) positions - $150 per month
Detective Bureau Secretary- maximum (1) position - $150 per month
Dispatchers - $300 per month
(with more than 15 years
of full-time continuous service
with the City)
4. Education Incentive City to increase monthly education incentive pay as follows:
[POA MOU Approval & Salary Resolution
[March 21, 2018]
Page 4
5. P.O.S.T. Incentive
AA/AS degree- increase by $75
BA/BS degree- increase by $150
City to add P.O.S.T. certificate incentive as follows:
Dispatcher Supervisor or Records Supervisor who holds a P.O.S.T.
Supervisory certificate receives $500 per month effective the first full
payroll period after MOU ratification
Dispatcher or Dispatcher Supervisor who holds an Intermediate P.O.S.T.
Certificate receives $100 per month effective the first full payroll period
after MOU ratification
Dispatcher or Dispatcher Supervisor who holds an Advanced P.O.S.T.
Certificate receives $200 per month effective the first full payroll period
after MOU ratification
Furthermore, in accordance with an approved contract which increases the salary for the position of Chief of
Police, effective December 1, 2017, an extended five step salary range will be adopted and allow the City
Council to place an applicant at a step in alignment with the candidate's qualifications allowing growth and
progression within a range.
Per CalPERS regulations, any changes to one or more pay rates require a Resolution be presented to City
Council for review and approval of such updates. These Ca1PERS requirements are intended to enhance the
disclosure and transparency of public employee compensation by requiring that the pay rates be listed on a
single pay schedule or single document.
Due to these requirements, Pay Schedule updates must be prepared individually to reflect each effective date
(retroactive and future wage data), January 1, 2018, March 25, 2018, July 1, 2017, December 1, 2017, and
October 4, 2017, respectively.
To accomplish this, five (5) Salary Resolutions have been prepared for Council review and approval:
1.Resolution No. 2018-235, will approve the Comprehensive Pay Schedule for the salary adjustment based
upon the approved MOU's, the updated Chief of Police five step salary range, and Benefits Matrices presented
herein, and will update the State mandated increase to the Minimum Wage, all of which becomes effective
January 1, 2018.
2.Resolution No. 2018-236, will approve the Comprehensive Pay Schedule and salary adjustment to reflect a
five step compensation plan for the Baldwin Park Police Association in accordance with approved
Memorandum of Understandings, effective March 25, 2018.
. Resolution No. 2018-237 will approve the Comprehensive Pay Schedule to incorporate the agreed upon
changes based on the MOU's and the Benefits Matrices presented herein, with the retroactive effective date
of July 1, 2017.
[POA MOU Approval & Salary Resolution
[March 21, 2018]
Page 5
4.Resolution No. 2018-238, will approve the Comprehensive Pay Schedule for the salary adjustment based
upon the approved MOU's, and the Benefits Matrices presented herein, and the five step salary range for the
Chief of Police position with the retroactive date of December 1, 2017.
5.Resolution No. 2018-239, will approve the Comprehensive Pay Schedule for the salary adjustment based
upon the approved MOU's and the Benefits Matrices presented herein, and the updated salary range for the
Finance Director, retroactive to October 4, 2017.
LEGAL REVIEW
-This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
Council may choose to provide staff alternatives or direct staff to negotiate further. This would likely require
the item to be held over and discussed again in Closed Session. However, this is not recommended as the
bargaining unit and the City have tentatively agreed upon these provisions.
ATTAC H M EATS
#1. Resolution No. 2018- 234 with attached BPPA Memorandum of Understanding
#2. Resolution No. 2018- 235 with attached Comprehensive Pay Schedule effective January 1, 2018
#3 Resolution No. 2018- 236 with attached Comprehensive Pay Schedule effective March 25, 2018
#4 Resolution No. 2018- 237 with attached Comprehensive Pay Schedule effective July 1, 2017
#5, Resolution No. 2018- 238 with attached Comprehensive Pay Schedule effective December 1, 2017
#6 Resolution No. 2018- 239 with attached Comprehensive Pay Schedule effective October 4, 2017
RESOLUTION NO. 2018-234
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, APPROVING THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BALDWIN PARK AND
THE BALDWIN PARK POLICE ASSOCIATION
(BPPA)
YEARS 2017 - 2020
WHEREAS, representatives of the City Council of the City of Baldwin Park have
met and conferred with duly authorized representatives of the Baldwin Park Police
Association (BPPA) to make equitable adjustments to wages and other terms and
conditions of employment; and
WHEREAS, a Memorandum of Understanding prepared by said representatives
has been presented to the City Council for consideration and approval; and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the
Mayor of the City of Baldwin Park to sign the re"Mernorandum of Understanding"
between the City of Baldwin Park and the Baldwin Park Police Association (BPPA),
attached hereto as Exhibit A. The Memorandum of Understanding for employees
represented by the Baldwin Park Police Association (BPAA) is hereby effective for the
period from July 1, 2017, through June 30, 2020,
SECTION 2. Resolutions or portions thereof in conflict are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution
and shall cause this Resolution to become in full effect upon approval. The City Clerk
shall forward a certified copy of this adopted Resolution to each Department Head and
Human Resources Manager upon execution.
PASSED, APPROVED, AND ADOPTED this 21th day of March, 2018.
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELESSS:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2018-234 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on March 21, 2018 and that the same was
adopted by the following vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJANDA AVILA
CITY CLERK
2
CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING
JULY 1, 2017 THROUGH AND INCLUDING JUNE 30, 2020
BY AND BETWEEN THE BALDWIN PARK POLICE ASSOCIATION AND THE CITY OF
BALDWIN PARK
This Memorandum of Understanding has been prepared pursuant to Government Code
Sections 3500 through 3510 as amended, which is generally referred to as the Meyers-Milias-
Brown Act.
This Memorandum of Understanding has been developed as a result of the requests of the
Baldwin Park Police Association. This Memorandum of Understanding is subject to the
approval of the City Council of the City of Baldwin Park and will be placed into effect upon the
adoption of the necessary ordinances and resolutions by the City Council, if acceptable to
them, in accordance with the terms and conditions hereinafter set forth.
The parties agree that the provisions contained herein shall be subject to all applicable laws
and cover the period of July 1, 2017 through June 30, 2020, unless otherwise provided. The
effective date of changes in all matters within the scope of representation set forth herein, are
as specified in the particular MOU sections.
Page 1 of 42
Section 1: Rights and Recognition
The City hereby recognizes the Baldwin Park Police Association, as the representative of the
employee's representation unit consisting of the classifications set forth in the appropriate
salary schedules.
Mana ernent Ri hts:
All management rights and functions except those, which are clearly and expressly limited in
this Memorandum of Understanding, shall remain vested exclusively in the City. It is expressly
recognized merely by way of illustration and not by way of limitation that such rights and
functions include, but are not limited to:
1. Manage the City.
2. Schedule working hours.
3. Establish, modify or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer,
suspend, discipline or discharge any employee.
6. Determine the location of any new facilities, buildings, departments, divisions, or
subdivisions thereof, and the relocation, sale, leasing or closing of facilities,
departments, divisions or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used
therein.
9. Determine processes, techniques, methods, and means of performing work.
10. Determine the size, character and use of inventories.
11. Determine a financial policy including an accounting procedure.
12. Determine the administrative organization of the system.
13. Determine selection, promotion or transfer of employees.
14. Determine the size and characteristics of the work force.
15. Determine the allocation and assignment of work to employees.
16. Determine policy affecting the selection of new employees.
Page 2 of 42
17, Determine the establishment of quality and quantity standards and the judgment
of quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials and equipment.
20. Schedule work periods and determine the number and duration of work periods.
21. Establish, modify, eliminate or enforce rules and regulations.
22. Place work with outside firms.
23. Determine the kinds and numbers of personnel necessary.
24. Determine the methods and means by which such operations are to be
conducted.
26. Require employees, where necessary, to take in-service training courses during
working hours.
26. Determine duties to be included in any job classification.
27. Determine the necessity of overtime and the amount of overtime required.
28. Take any necessary action to carry out the mission of the City in cases of an
emergency.
29. Prescribe a uniform dress to be worn by designated employees.
The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the City,
the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of
judgment and discretion in connection therewith, shall be limited only by the specific and
express terms of this contract, and then only to the extent such specific and express terms are
in conformance with law.
Any dispute arising out of or in any way connected with either the existence of or the exercise
of any of the above-described rights is not subject to the grievance provision unless such
dispute is otherwise grievable under another Article of this agreement.
Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the exercise of management's rights shall
impact on employees of the bargaining unit, the City agrees to meet and confer with
representatives of the Association, upon request by the Association, regarding the impact of
the exercise of such rights, unless the matter of the exercise of such rights is provided for in
this Memorandum of Understanding or in the Personnel Rules and/or Salary Resolutions.
Page 3 of 42
Savings Clause:
This Memorandum of Understanding and Personnel Rules are subject to all applicable
Federal, State and City laws, ordinances, resolutions and any. lawful rules and regulations
enacted by the City Council. If any part or provision of this Memorandum of Understanding or
Personnel Rules is in conflict or inconsistent with such applicable provisions of Federal, State
or City laws, ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any
tribunal of competent jurisdiction, such part or provision shall be suspended and superseded
by such applicable law or regulations, and the remainder of this Memorandum of
Understanding or Personnel Rules shall not be affected thereby. The parties shall enter the
Meet and Confer process immediately for the purpose of arriving at a mutually satisfactory
replacement of such part or provision.
Peaceful Performance:
Apart from and in addition to existing legal restrictions upon work stoppages, the Association
hereby agrees that neither it nor its officers, agents or representatives shall incite, encourage,
or participate in any strike, walkout, slow -down, speed-up, sick-out, or other work action for
any cause or dispute whatsoever, either with the City or with any other person or organization,
including compliance with the request of other labor organizations to engage in such activities.
In the event of work stoppage as enumerated above, the Association, its officers, agents and
representatives shall do everything within their power to end or avert the same. Violation
hereof will subject violator to legal and equitable judicial relief.
Any employee engaged in or assisting any work stoppage as enumerated above, or refusing to
perform duly assigned services in violation of this Article, shall be subject to discipline up to
and including termination.
It is understood that violation of this Article by the Association will warrant the withdrawal of
any rights, privileges or services provided for in this Agreement and/or legal action by the City
for redress and/or damages. It is understood that the City may not withdraw recognition of the
Association under this Article.
Maintenance of Existing Benefits:
Except as provided herein, there shall be no change in wages, hours, or economic benefits
presently enjoyed by affected employees by virtue of entering into this Memorandum of
Understanding.
Page 4 of 42
Full Understandin Modification and Waiver:
It is intended that this Agreement sets forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or existing understanding or
agreement by the parties, whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that both parties voluntarily
and unqualifiedly waive their right, and agree that the other party shall not be required to
negotiate with respect to any subject or matter covered herein during the term of this
Agreement. Nothing contained herein shall preclude the parties from mutually agreeing to
meet and confer regarding any issue arising during the term of this Agreement.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms
or provisions contained herein shall not be binding upon the parties hereto unless made and
executed in writing by all parties hereto, and if required, approved and implemented by the City
Council.
The waiver of any breach, term or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
Page 5 of 42
Section 2 - Direct Wage Payments
Eligibility to receive any retroactive salary payment(s) or other retroactive compensation
provided for in this Section 2 or in any section of this Memorandum of Understanding shall be
conditioned upon the affected unit member being employed by the City on the date that the
retroactive payment is distributed. Said requirement is consistent with the agreement and
understanding of the parties that any and all retroactive payments provided for herein are not
intended as compensation for past services rendered.
Ado tion of a Five Step Cour ensation Plan:
Effective upon ratification and adoption of a salary resolution, a Five Step Compensation Plan
(5% between steps) shall be established by removing the bottom two steps of the payscale
shall be adopted by the City Council and made a part hereof, and will be on file with the
Personnel/Risk Manager or designated representative(s).
Employees who receive a minimum overall performance rating of Competent up to a maximum
overall performance rating of Superior shall be eligible to receive a one (1) step advancement
within their classification.
Salar Sworn Ern 10 ees:
The unadjusted base salary (the salary rate set forth in the City salary matrices - the rates
without adjustment for bonuses or any other benefits) rates for classifications designated as
Sworn Employees shall be increased as follows:
2% effective the first payroll period commencing on or after July 1, 2017;
• 2% effective the first payroll period commencing on or after July 1, 2018; and
2% effective the first payroll period commencing on or after July 1, 2019.
Lon ievKPa -_Sworn Ery 10 ee .
Effective the first full pay period after ratification by both parties, the City shall pay each sworn
employee, including lateral officers, a monthly longevity payment based upon the employee's
years of full time continuous law enforcement service, as set forth below:
10-14 years of full time service shall entitle the employee to $158 per month; or
15-19 years of full time service shall entitle the employee to $315 per month; or
20-24 years of full time service shall entitle the employee to $470 per month; or
25 or more years of full time service shall entitle the employee to $675 per month.
Page 6 of 42
A sworn employee may earn a longevity payment in the amount commensurate with the
employee's completed years of full time service as set forth above provided that the employee
shall not be entitled to collect more than one longevity payment at any one time. An
employee's longevity payment shall not increase the employee's unadjusted base salary.
Instead, the longevity payment will be added to the employee's unadjusted base salary after
any subsequent COLA or percentage increase to the employee's unadjusted base salary.
RIUMMIMMMM3
The unadjusted base salary (the salary rate set forth in the City salary matrices - the rates
without adjustment for bonuses or any other benefits) rates for classifications designated as
Non -Sworn Employees shall be increased as follows:
• 2% effective the first payroll period commencing on or after July 1, 2017;
• 2% effective the first payroll period commencing on or after July 1, 2018; and
2% effective the first payroll period commencing on or after July 1, 2019
Effective the first full pay period after ratification by both parties, the City shall pay each non -
sworn employee a monthly longevity payment based upon the employee's years of full time
continuous service to the City, as set forth below:
10-14 years of full time service to the City shall entitle the employee to $100 per month;
or
15-19 years of full time service to the City shall entitle the employee to $200 per month;
or
20-24 years of full time service to the City shall entitle the employee to $300 per month;
or
25 or more years of full time service to the City shall entitle the employee to $400 per
month.
Page 7 of 42
-
The City retains the right to reopen the meet and confer process for the purpose of
salary issues only, should the Federal government, State government or County
government change and/or divert revenues that would cause the City's unrestricted
revenues to fall significantly below the City's stated projected unrestricted revenues and
impact the overall ability of the City to maintain service levels at the then current level.
Section 3 - Insurance/Supplemental Wage Payments
The health plan coverage term, annual premium rates and PEMHCA employer
contribution amounts, as determined by CalPERS, run from January 1st through
December 31st of each calendar year. The City shall pay the monthly cost of the
employer's minimum contribution as required by Government Code §22892. Effective
the first full pay period after ratification by both parties, the City will contribute an
additional amount in excess of the employer contribution amount toward the following
expenses. The sum of the minimum contribution and the additional amount shall not
exceed $1,400.00 per month.
Employees may opt -out of enrollment in the City's CalPERS medical plan only upon
proof of enrollment in another group health insurance plan.
Employees may use cafeteria funds for any of the following options:
1. Premium cost for enrollment in City provided health insurance plan for self, two
(2) party, orfamily coverage
2. Premium cost for enrollment in a City provided dental plan for self,
two (2) party, orfamily coverage.
3. Premium cost for vision care in excess of what the City provides.
4. Election to receive funds in cash, which will be treated as taxable income. Such
"cash out" shall not exceed $1,200 per month.
5. Any combination of the foregoing options.
Any premium in excess of the City's monthly maximum contribution shall be paid
by the employee via payroll deductions.
Page 8 of 42
NON -SWORN
The health plan coverage term, annual premium rates and PEMHCA employer
contribution amounts, as determined by CalPERS, run from January 1st through
December 31st of each calendar year. The City shall pay the monthly cost of the
employer's minimum contribution as required by Government Code §22892. Effective
the first full pay period after ratification by both parties, the City will contribute an
additional amount in excess of the employer contribution amount toward the following
expenses. The sum of the minimum contribution and the additional amount shall not
exceed $1,400.00 per month.
Employees may opt -out of enrollment in the City's CaIPERS medical plan only upon
proof of enrollment in another group health insurance plan.
Employees may use cafeteria funds for any of the following options:
1. Premium cost for enrollment in City provided health insurance plan for self, two
(2) party, or family coverage; and/or
2. Premium cost for enrollment in a City provided dental plan for self, two (2) party,
or family coverage; and/or
3. Premium cost for vision care in excess of what the City provides; and/or
4. Election to receive funds in cash, which will be treated as taxable income. Such
"cash out" shall not exceed $1,200 per month.
5. Any combination of the foregoing options.
Any premium in excess of the City's monthly maximum contribution shall be paid
by the employee via payroll deductions.
Vision Plan:
The City will provide a vision plan to all affected employees, effective May 1, 1993, and
will contribute up to a maximum premium cost of $32.12 per month. If the premium
exceeds this amount, then the employee shall be responsible to pay the difference in
excess of $32.12.
Life Insurance:
Effective January 1, 2009, or as soon as reasonably possible thereafter, the City will
fund term life insurance in the face amount of $50,000.00.
Dental Plan Enhancement:
Effective May 1, 1993, the City will provide for the dental plan enhancement of
orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan.
The City will pay for the additional cost for this enhancement. Those affected individuals
currently enrolled in the "Pre -Paid Plan Choice" presently receive this benefit.
Page 9 of 42
Lon-Term Ciaabit
The City will provide each employee with long-term disability insurance coverage as set
forth in the plan on file in the Personnel Services Office. Effective May 1, 1993, affected
employees will be eligible to receive benefits commencing on the 31st day of non-work-
related injury or illness, and employees will be eligible to receive a maximum benefit of
66 2/3% of their current base salary up to a maximum of $5,000 per month.
Retiree Health Benefit P'l an for Ern to eea Hired Before ,Jul 1. 2015:
For all employees hired prior to July 1, 2015, if upon retirement the employee enrolls in
the City's CalPERS medical care plan, the City will pay the minimum employer
contribution to CalPERS that is required by Government Code Section 22892. In
addition, the City will also pay into the retiree's individual health reimbursement account,
or similar reimbursement plan, an amount equal to the difference of the City's minimum
employer contribution required by Government Code section 22892. and the premium
cost for retiree-only coverage in the retiree's chosen medical plan.
Retiree Health Benefit Plan for Ern Io eea Fired cin or lifter Jul 1 2015a
For all employees hired on or after July 1, 2015, if upon retirement the employee enrolls
in the City's CalPERS medical care plan, the City will pay the minimum employer
contribution to CalPERS that is required by Government Code section 22892. In
addition, the City will make a contribution to the retiree's individual health reimbursement
account, or similar reimbursement plan, based upon the employee's years of service to
the City as follows:
• For 5 years' service or less: 0% of the premium cost for retiree -only coverage in
the retiree's chosen medical plan, less the City's minimum employer contribution
to CalPERS; or
• For 6 -to 10 full years of service: 20% of the premium cost for retiree -only
coverage in the retiree's chosen medical plan, less the City's minimum employer
contribution to CalPERS; or
• For 11 to 15 full years of service: 40% of the premium cost for retiree -only
coverage in the retiree's chosen medical plan, less the City's minimum employer
contribution to CalPERS; or
• For 16 to 20 full years of service: 60% of the premium cost for retiree -only
coverage in the retiree's chosen medical plan, less the City's minimum employer
contribution to CalPERS; or
• For 21 to 25 full years of service:80% of the premium cost for retiree -only
coverage in the retiree's chosen medical plan, less the City's minimum employer
contribution to CalPERS; or
• For 26 or more full years of service: 100% of the premium cost for retiree -only
coverage in the retiree's chosen medical plan, less the City's minimum employer
contribution to CalPERS.
Page 10 of 42
In addition, employees who retire before the age of 57 due to a disability will receive the
percentage of the stipend for medical expenses as if the employee had retired at age
57, rather than the employee's actual age at the time of the employee's disability
retirement. For example, an employee who retires at age 40 with 5 years of City
service, will be deemed to have worked 5 years plus 17 years (age 40 through age 57),
for a total of 22 years. This would entitle the employee to receive 80% of the premium
cost under the formula set forth above.
On July 1, 2005, the City amended the City's contract with the Public Employees'
Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local
Miscellaneous Employees and to incorporate employee shared participation towards the
contributions of said retirement benefit. The employee's shared participation of
contributions shall be implemented as follows:
Effective July 1, 2006, Non -Sworn Employees pay 5% and the City pays 1.766%
increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement
formulas) of their base salary.
Effective June 30, 2004, the City shall contribute 1% of each non -sworn employee's
unadjusted bi-weekly base salary into a City sponsored deferred compensation plan.
Commencing on July 1, 2015, the City shall increase this contribution from 1 % to 2%.
Effective as soon as reasonably practical and consistent with CaIPERS documentary
requirements, the City shall amend its contract with CaIPERS to provide for Level V of
the 1959 Survivor's Benefit, conditioned upon said amendment resulting in no increased
CaIPERS City contribution rate or other CalPERS cost and/or no decrease in the City's
CaIPERS account value.
•
The Employee will pay 100% of the employee's nine percent (9%) contribution to the
P.E.R.S. retirement program and provide retirement benefits at the 3% at 50 formula as
currently specified under the City's contract with the Public Employees' Retirement
System. All such employee contributions shall be deposited in the member's retirement
account.
Effective as soon as reasonably practical and consistent with CaIPERS documentary
requirements, the City shall amend its contract with CaIPERS to provide for Level V of
the 1959 Survivor's Benefit, conditioned upon said amendment resulting in no increased
CaIPERS City contribution rate or other CaIPERS cost and/or no decrease in the City's
CalPERS account value.
Page 11 of 42
Section 3.2: Supplemental Wage Payments:
Biling i Pa :
Effective the first payroll period after ratification by both parties, the City shall pay one
hundred fifty dollars ($150.00) per month to a person who is capable of speaking,
reading, writing and/or interpreting the languages of Spanish, Chinese, Japanese,
Vietnamese, Tagalog, Signing, Armenian and Farsi. Qualifying tests established by the
City shall make the determination of capability.
Sworn and Non -Sworn employees shall be selected for, and be removed from,
assignments by the Chief of Police at his/her discretion. Employees shall not acquire
vested property rights in those special assignments or the pay attached thereto. The
Chief of Police reserves the right to schedule hours of assigned personnel as he/she
deems necessary.
Effective the first payroll period after ratification by both parties a Sworn employee who
possesses the appropriate POST certification, and who is assigned to any one of the
following assignments, shall receive Specialty Assignment Pay in the amount of $300.00
per month (or a pro -rata share thereof). Both POST certification and acceptance of the
assignment are necessary conditions for receiving Specialty Assignment Pay.
• Canine Officer
• Detective
• Detective Sergeant
• Field Training Officer
• Training Sergeant
• Motorcycle Officer
• Traffic Sergeant
• Juvenile Resource Officer
• Helicopter Observer Officer
• Gang Investigator
• Gang Investigator Supervisor
• SWAT/CNT
• CSO Sgt/Officer (1)
• Range Master (1)
• First Aid/Medic/EMT (2)
• Force Training Officer (3)
Page 12 of 42
Provided that no employee shall receive Specialty Assignment Pay for more than two
assignments, regardless of the number of such specialty assignments to which the
employee is assigned.
An employee's Specialty Assignment Pay shall not increase the employee's unadjusted
base salary. Instead, the Specialty Assignment Pay will be added to the employee's
unadjusted base salary after any percentage increase to the employee's unadjusted
base salary.
During the term of this MOU:
• No more than one (1) employee at a time shall be paid for the assignment to the
positions of "CSO Sgt/Officer" and "Range Master;" and
• No more than two (2) employees at a time shall be paid for the assignment to the
position of "First Aid/Medic/EMT;" and
• No more than three (3) employees at a time shall be paid for the assignment to
the position of "Force Training Officer."
S lacialty Assi nment Pa -Non-Sworn Em to ees:
Effective the first full pay period after ratification by both parties, assignment and proof of
certification, non -sworn employees performing jail searches may receive $150 per
month. Specialty Assignment Pay for jail searches as assigned by the Police Chief.
Employees must first obtain the proper certification to qualify.
Effective the first full pay period after ratification by both parties, non -sworn employees
who have worked as a Dispatcher for more than 15 years of continuous full-time service
with the City will receive $300 a month pay.
Effective the first full pay period after ratification by both parties, non -sworn employees
who are assigned to a Detective Bureau Secretary assignment will receive $150 per
month.
Effective the first payroll period after ratification by both parties, and submission of proof
of certification to the City, a Non -Sworn employee who possesses the appropriate POST
certification, and who is assigned by a supervisor to train other personnel in duties
consistent with that certification, shall receive Training Pay as follows.
• Employees who have been employed with the City for fewer than ten (10) years
shall receive Training Pay in the amount of one hundred fifty dollars ($150.00) per
month, for a period not to exceed four months.
Page 13 of 42
• Employees who have been employed with the City for ten years and one day or
longer shall receive Training Pay in the amount of two hundred dollars per month,
for a period not to exceed four months.
Both POST certification and acceptance of the assignment are necessary conditions for
receiving Training Pay. An employee must perform training duties for at least one full
pay period in order to receive Training Pay.
The following non -sworn positions will be eligible for training pay:
• Dispatch Trainer (2)
• Records Trainer (2)
• Parking Enforcement Trainer (1)
An employee's Training Pay shall not increase the employee's unadjusted base salary.
Instead, the Training Pay will be added to the employee's unadjusted base salary after
any percentage increase to the employee's unadjusted base salary.
No employee shall receive Training Pay for more than four months; however, the Chief
of Police may authorize an additional two (2) months in any fiscal year upon a showing
of need for such additional training.
During the term of this MOU:
• No more than one (1) employee at a time shall be assigned to the positions of
"Parking Enforcement Trainer" and "Detective Bureau Secretary;" and
• No more than two (2) employees at a time shall be assigned to the position of
"Dispatch Trainer;" and
• No more than two (2) employees at a time shall be assigned to the position of
"Records Trainer."
• No more than (4) employees at a time shall be assigned to receive jail search pay
By and through the Association, the canine handlers agree that the amount of monthly
time reasonably necessary to provide for the care and maintenance of their animals and
their vehicles is 28 hours. Accordingly, each affected canine handier shall be credited
with 28 hours worked as full time spent in the care and maintenance of their animals and
vehicles. Effective the first payroll period after ratification by both parties, said hours
shall be compensated at the rate of 1.5 times the base rate hourly pay.
The City, its canine officers, and the Association understand and agree that this
additional compensation is intended to compensate canine officers for all off-duty hours
spent caring, grooming, feeding and otherwise maintaining their canine and canine unit,
in compliance with the FLSA and interpretive cases and rulings.
Page 14 of 42
The parties acknowledge that the FLSA, which governs the entitlement to compensation
for canine duties, entitles the parties to agree to a reasonable number of hours per
month for the performance of off duty canine duties. The hours derived at in this
agreement were determined after an actual inquiry of the officers assigned in the canine
special assignment as addressed by Leever v. City of Carson City, 360 F.3d1014 (9th
Cir. 2004). It is the intent of the parties through the provisions of this section to fully
comply with the requirements of the FLSA. In addition, both parties believe that this
section of the MOU does comply with the requirements of the FLSA.
By and through the Association, those unit members assigned to motorcycle duty agree
that the amount of monthly time reasonably necessary to provide for the cleaning and
maintenance of their assigned motorcycle is four hours. Accordingly, each affected
motorcycle officer shall be credited with four (4) hours worked as full time spent in the
care and maintenance of their vehicles. Effective the first payroll period after ratification
by both parties, said hours shall be compensated at the rate of 1.5 times the base rate
hourly pay.
The City, its motorcycle officers, and the Association understand and agree that this
additional compensation is intended to compensate unit members assigned to
motorcycle duty for all off-duty hours spent cleaning and maintaining their assigned
motorcycle, in compliance with the FLSA and interpretive cases and rulings.
The parties acknowledge that the FLSA, which governs the entitlement to compensation
for motorcycle cleaning and maintenance, entitles the parties to agree to a reasonable
number of hours per month for the performance of off duty maintenance and cleaning
duties. The hours represented by the above stipend in this agreement were determined
after an actual inquiry of the officers assigned to motorcycle duty, as addressed by
Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). It is the intent of the
parties through the provisions of this section to fully comply with the requirements of the
FLSA. In addition, all parties believe that this section of the MOU does comply with the
requirements of the FLSA.
Effective the first full payroll period after ratification by both parties, and submission of
proof, the City shall pay each sworn employee an Education Payment which
corresponds to the employee's receipt of one of the following degrees:
• An officer with an AA Degree shall receive an Education Payment of $370 per
month;
• An officer with a Bachelor's Degree shall receive an Education Payment of $465
per month;
Page 15 of 42
• A sergeant with an AA Degree shall receive an Education Payment of $400 per
month;
• A sergeant with a Bachelor's Degree shall receive an Education Payment of $560
per month.
In order to receive an Education Payment, the employee shall submit evidence that his
or her degree has been issued by a college or university that is accredited by one of the
national accrediting institutions. Education Payment shall begin on the first full pay
period after the employee's submission of such evidence, not from the date of the
issuance of the degree. No employee shall be entitled to payment for more than one
degree. Any such payment shall not increase the employee's unadjusted base salary.
Instead, any such payment will be added to the employee's unadjusted base salary after
any percentage increase to the employee's unadjusted base salary.
Effective the first full payroll period after ratification by both parties, and submission of
proof, the City shall pay each sworn employee a P.O.S.T. Certificate Payment which
corresponds to the employee's receipt of one of the following degrees:
• An officer with an Intermediate P.O.S.T.
Certificate Payment of $370 per month;
• An, officer with an Advanced P.O.S.T.
Certificate Payment of $465 per month;
• A sergeant with an Intermediate P.O.S.T
Certificate Payment of $400 per month;
• A sergeant with a an Advanced P.O.S.T
Certificate Payment of $560 per month.
Certificate shall receive a P.O.S.T.
Certificate shall receive a P.O.S.T.
Certificate shall receive a P.O.S.T.
Certificate shall receive a P.O.S.T.
In order to receive a P.O.S.T. Certificate Payment, the employee shall submit evidence
that the P.O.S.T. Certificate has been issued to the employee. Payment shall begin on
the first full pay period after the employee's submission of such evidence, not from the
date of the issuance of the Certificate. No employee shall be entitled to payment for
more than one P.O.S.T. Certificate. Any such payment shall not increase the
employee's unadjusted base salary. Instead, any such payment will be added to the
employee's unadjusted base salary after any percentage increase to the employee's
unadjusted base salary.
Page 16 of 42
S)ervisory P.O.S.T. Certificate
Effective the first full payroll period after ratification by both parties, City shall pay each
sergeant a supplemental payment of $500 per month in the event the sergeant receives a
Supervisory P.O.S.T. Certificate. In order to receive said supplement payment, the sergeant
shall submit evidence that the Supervisory P.O.S.T. Certificate has been issued to him or her
provided that said supplemental payment shall be paid from the date of the submission of
said evidence —not from the date of the issuance of the P.O.S.T. Certificate. The
supplemental payment shall not increase the employee's unadjusted base salary. Instead,
the supplemental payment will be added to the employee's unadjusted base salary after
any subsequent COLA or percentage increase to the employee's unadjusted base
salary.
The supplemental payment shall be paid to a sergeant with a Supervisory
P.O.S.T. Certificate even though the sergeant also receives payment for a degree or
P.O.S.T. Certificate hereinabove described.
A Sergeant who receives a Supervisory P.O.S.T. Certificate may receive a Supervisory
P.O.S.T. Payment even if that Sergeant also receives an Education Payment and/or a
P.O.S.T. Certificate Payment.
Effective the first full payroll period after ratification by both parties, the City shall pay
each Non -Sworn employee an Education Payment which corresponds to the employee's
receipt of one of the following degrees:
• An employee with an AA Degree shall receive an Education Payment of $100 per
month;
• An employee with a Bachelor's Degree shall receive an Education Payment of
$200 per month;
In order to receive an Education Payment, the employee shall submit evidence that his
or her degree has been issued by a college or university that is accredited by one of the
national accrediting institutions. Education Payment shall begin on the first full pay
period after the employee's submission of such evidence, not from the date of the
issuance of the degree. No employee shall be entitled to payment for more than one
degree. Any such payment shall not increase the employee's unadjusted base salary.
Instead, any such payment will be added to the employee's unadjusted base salary after
any percentage increase to the employee's unadjusted base salary.
Page 17 of 42
�A
P.O.S.T. Certificate Incentive —Non -Sworn Personnel:
Effective the first full payroll period after ratification by both parties, the City shall pay
each qualified Non -Sworn employee a P.O.S.T. Certificate Payment as follows:
• A full-time employee who holds a P.O.S.T. Supervisory Certificate shall receive a
P.O.S.T. Certificate Payment of $310 per month;
• A Dispatcher Supervisor or Records Supervisor who holds a P.O.S.T.
Supervisory Certificate shall receive a P.O.S.T. Certificate Payment of $500 per
month;
• A Dispatcher or Dispatcher Supervisor who holds an Intermediate P.O.S.T.
Certificate shall receive a P.O.S.T. Certificate Payment of $100 per month;
• A Dispatcher or Dispatcher Supervisor who holds an Advanced P.O.S.T.
Certificate shall receive a P.O.S.T. Certificate Payment of $200 per month;
In order to receive a P.O.S.T. Certificate Payment, the employee shall submit evidence
that the P.O.S.T. Certificate has been issued to the employee. Payment shall begin on
the first full pay period after the employee's submission of such evidence, not from the
date of the issuance of the Certificate. No employee shall be entitled to payment for
more than one P.O.S.T. Certificate. Any such payment shall not increase the
employee's unadjusted base salary. Instead, any such payment will be added to the
employee's unadjusted base salary after any percentage increase to the employee's
unadjusted base salary
Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of the
City Personnel Rules and Regulations shall be amended to provide that the tuition
reimbursement described therein shall allow for reimbursement eligibility for full time
sworn employees who have passed original probation in an amount not to exceed
$2,000, and that the reimbursement eligibility for full time non -sworn police department
employees who have passed original probation shall be in an amount not to exceed
$1,500 per fiscal year.
Personnel Rule § 2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only as regards courses (a) provided by an accredited
college or university; and (b) in a field on study reasonably related to the employee's
duties; and (c) as determined appropriate by the Executive Team.
Funeral Reimbursement:
Effective the first full payroll period after ratification by both parties, the City shall bear
the reasonable and customary expenses related to the funeral of any sworn or non -
sworn employee killed while in the course and scope of employment during scheduled
Page 18 of 42
hours of work. However, in no case shall the total City funeral expenditure exceed ten
thousand dollars ($10,000.00) in any one funeral.
In defining what constitutes "reasonable and customary" expenses of a funeral, the
parties agree upon the following:
• Cost of casket; and
• Cost of plot or other location of interment; and
• Cost for transportation of body to place of interment; and
• Ceremonial costs (fee of individual officiating at the funeral ceremony).
Section 4 - Attendance and Leaves
Sick Leave Rules:
The general policy for sick leave will remain as set forth in Section 11.4 of the Personnel
Rules.
Effective August 1, 1995, each eligible employees shall elect their maximum sick leave
hours accrual. Dependent upon the total number of currently accrued sick leave hours,
the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours.
If an eligible employee wishes to elect a maximum sick leave accrual level that is at a
higher level than their closest currently accrued sick leave hours, they may do so. The
maximum accrual elected by the eligible employee will be irrevocable.
Once the election is made by the employee, such excess hours will be removed from
the employee's sick leave hours accrual, calculated at their then straight time hourly rate
and placed into a sick leave hours bank to be paid at no less than 50% of the total value,
with the timing and methods of payment to be determined by the City.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Sick leave shall accrue on an hourly basis of eight (8) hours per month and shall be
debited on an hourly usage basis. Each January 1, eligible employees will commence
to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or
900). At the close of the calendar year, each eligible employee will receive 50% of the
unused portion of sick leave hours as compensation, calculated at their then straight
time hourly rate. Payment will be made at the next closest pay period.
Page 19 of 42
Bereavement Leave:
Each affected employee in the covered classifications shall receive the equivalent of
three (3) working days per incident, as needed, because of a death in their immediate
family and immediate family shall mean and include only the employee's spouse,
children, step -children, parents, brothers, sisters, grandparents, State Registered
Domestic Partner, spouse's parents and spouse's grandparents, Said time will not be
cumulative from one twelve month period to another nor will pay in lieu of unused leave
for bereavement is provided.
Vacation:
The general policy and accrual levels of vacation will be as set forth in Section 11.3 of
the Personnel Rules.
Employees will be entitled to utilize accrued vacation leave after completion of six (6)
months continuous employment with the City. Employees may be eligible to utilize
accrued vacation leave at an earlier time, upon written request to and approval of their
department head.
The times during which an employee may take his/her vacation leave shall be
determined by the department head with due regard for the wishes of the employee and
for the needs of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of the
department head, use vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any one
calendar year for the purpose of a vacation leave with approval of the department head.
A vacation period is defined as the maximum amount of vacation leave accrued by an
employee in any calendar year, in accordance with the detailed accrual levels in Section
11.3 of the Personnel Rules.
Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated
shall be as follows:
• Employees having less than five (5) years of employment shall accrue 96
vacation hours per year. The maximum amount of vacation accrual shall be 192
hours.
• Employees having more than five (5) years but less than ten (10) years of
employment shall accrue 120 vacation hours per year. The maximum amount of
vacation accrual shall be 240 hours.
Page 20 of 42
• Employees having more than ten (10) years but less than fifteen (15) years of
employment shall accrue 144 vacation hours per year. The maximum amount of
vacation accrual shall be 288 hours.
• Employees having more than fifteen (15) years but less than twenty (20) years of
employment shall accrue 168 vacation hours per year. The maximum amount of
vacation accrual shall be 336 hours.
• Employees having more than twenty (20) years of employment shall accrue 192
vacation hours per year. The maximum amount of vacation accrual shall be 384
hours.
Employees will be notified by the Human Resources Department on a quarterly basis of
their current and potential maximum vacation hours accrual for the calendar year to
assist them in the reduction of excess accrued vacation hours.
In the event a legal holiday falls during a vacation leave, those affected employees will
not have said holiday charged as vacation leave, and the vacation leave shall be
extended or credited accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave, at his/her straight time rate at the
time of separation.
1. For employees working a 4/10 plan or a 3/12 plan, if implemented, the
following days shall be observed as holidays:
January 1st; the third Monday in February; the last Monday in May; July 4th;
the first Monday in September; November 11th; the fourth Thursday in
November; December 24th; December 25th, and such other days as may be
designated as holidays by motion of the City Council.
2. For employees working a 5/40 plan, the following days shall be observed as
holiday January 1st; the third Monday in February; the last Monday in May; July
4th; the first Monday in September; November 11th; the fourth Thursday in
November; the day after the fourth Thursday in November; December 24th;
December 25th, and such other days as may be designated as holidays by
motion of the City Council.
If any of the before mentioned holidays fall on a Saturday, the preceding Friday
will be the holiday in lieu thereof. If any of the holidays fall on a Sunday, the
Monday following is the holiday in lieu thereof.
a) Employees working a 4/10 plan will receive two (2) ten (10) hour days
of floating leave, for a total of 110 hours.
Page 21 of 42
;sfl
b) If implemented, employees working a 3/12 plan will receive one (1)
twelve (12) hour day of floating leave, for a total of 120 hours.
c) Employees working a 5/40 plan will receive three (3) eight (8) hour
days of floating leave, for a total of 104 hours.
3. In lieu of Martin Luther King Day, each employee shall receive one (1) ten
(10)hour day of floating leave, regardless of whether the employee is on the 4/10
plan, the 3/12 plan or the 5/40 plan, each fiscal year commencing on July 1,
2015.
"Holida Bank-" Shift Em to ees:
Employees assigned to shifts other than normal business hours shall have the
option of receiving the holiday hours worked as a cash payment at their straight time
rate for each holiday as it occurs, other than floating holiday time, or may elect to "bank"
the holiday hours as the holiday occurs, other than floating holiday time.
The times during which an employee may take his/her holiday bank hours shall
be approved by the department head with due regard for the wishes of the employees
and for the needs of the service. "Holiday Bank" leave maybe used in hourly
increments. Employees may accumulate up to a maximum of one hundred (100) hours
of "Holiday Bank" time.
If an employee, because of business necessity, is not able to utilize excess
accrued "Holiday Bank" hours, the employee will be paid for any hours in excess of their
maximum "Holiday Bank" accrual upon written request to, and approval of the
employee's department head. Each January 1, hours in excess of the "Holiday Bank"
maximum accrual will be removed from the employee's Holiday Bank hours accrual,
calculated at the employee's straight time hourly rate as of that calculation, and paid to
the employee no later than June 30 of the same year.
Employees who separate from employment with the City shall be eligible to
receive compensation for all unused, accrued holiday bank hours at his/her straight time
rate at the time of separation.
Page 22 of 42
Non -Shift Em Ilo ees.
Non -shift employees shall mean the following positions represented by the Baldwin
Park Police Association, working a 4/10 schedule:
• Records Clerk assigned to Police Administration;
• Police Technician;
• Parking Enforcement Officer;
• Police Sergeant assigned to Police Administration;
• Records Supervisor; and
• Dispatch Supervisor
If any of the holidays set forth hereinabove fall on a Friday or a Saturday, the holiday
will be observed on the preceding Wednesday or Thursday. If any of the holidays fall
on a Sunday, the holiday will be observed on the following Monday.
At the beginning of each calendar year, the City will determine how many of the
above holidays fall on a Friday and/or Saturday. An employee will be credited with an
equivalent number of hours of holiday time ("Holiday Bank"), in addition to the two (2)
ten (10) hour days of floating leave provided for hereinabove.
The times during which an employee may take his/her holiday bank hours shall
be approved by the department head with due regard for the wishes of the employees
and for the needs of the service. "Holiday Bank" leave maybe used in hourly
increments. Employees may accumulate up to a maximum of one hundred (100) hours
of "Holiday Bank" time.
If an employee, because of business necessity, is not able to utilize excess
accrued holiday bank hours, upon written request to, and approval of the department
head, an employee will be paid for any excess hours over their maximum holiday bank
hours accrual. Each January 1, such excess hours will be removed from the
employee's holiday bank hours accrual, calculated at their then straight time hourly rate
and placed in a holiday hours bank to be paid no later than June 30 of the same year.
If an employee separates employment from the City, and has used "holiday bank"
time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank
and/or final paycheck reduced to reflect the excess "holiday bank" time used.
If an employee separates employment from the City, and has not used any
eligible accrued "holiday bank" time, he/she will be paid for such eligible "holiday bank"
time at his/her straight time rate.
Page 23 of 42
IMi!ltar Leave:
Military leave is a temporary leave of absence for ordered military training or for active
military duty in the Armed Forces of the United States or its Allies or of the National
Guard or the Naval Militia, during a proclamation of war or national emergency by the
President of the United States or Congress, an order or request of the United Nations
that the Armed Forces of the United States serve outside of the United States or their
territories, or any national conscription act in effect.
The City shall comply with all federal and state laws relative to military leave.
An employee granted military leave pursuant to Section 11.6 of the Personnel Rules
shall not be granted additional compensation when such leave extends beyond the
employee's regularly scheduled workdays per week to his/her "days off'.
w
An employee granted jury duty leave pursuant to Section 11.7 of the personnel Rules
shall not be granted additional compensation when such leave extends beyond the
employee's regularly scheduled work days per week to his/her "days off'.
When an employee is scheduled to attend a conference or training program Monday
through Friday, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through
Friday, so that there is no issue regarding eligibility for overtime while attending the
conference or training.
While any employee is on injury on duty status, his/her work hours will be 8:00 A.M. to
5:00 P.M., Monday through Friday, so that there is no issue regarding eligibility for
overtime while receiving treatment or keeping doctor's appointments.
Page 24 of 42
Section 5 - Work Schedules
Experimental 4/10 Plan:
The City agreed to implement an experimental 4/10 plan for all employees in the Police
Department effective August 2, 1992. The Association recognizes that the City may at
its sole discretion end the 4/10 plan at any time. The termination of such 4/10 plan is not
subject to the grievance process or any other administrative review. The Association
recognizes that the 4/10 plan is not a vested right in any manner, and that the
termination of such 4/10 plan is not subject to the meet and confer process or meet and
consult process.
The Association further recognizes that the implementation of the 4/10 plan does not
create any additional overtime obligation for the City under the Fair Labor Standards
Act.
In order to avoid an overtime obligation. the City may adjust employee's work periods as
necessary so that the employee's forty (40) hours of scheduled work does not overlap
into another work period
Workday:
For employees assigned to patrol and dispatch duty, a standard workday shall consist
of ten (10) hours, including a paid restricted meal period of one-half (1/2) hours. Meals
periods shall be in accordance with department administrative guidelines.
For employees not assigned to patrol and dispatch duty a standard workday shall
consist of ten and one-half (10 1/2) hours; nine hours and fifty minutes (9:50) of work
time and forty (40) minutes as a non -paid unrestricted meal period. Meal periods shall
be in accordance with department administrative guidelines.
Employees will be provided two (2) ten (10) minute rest breaks during the day, one each
approximately at the midpoint of each one-half workday. Rest time is not cumulative
beyond the half scheduled workday within which the break period occurs nor may it be
used to extend lunch or shorten the workday.
Hours of Work:
Non -shift employees, as defined in this Memorandum of Understanding, shall work
Monday through Thursday, 7:30 a.m. to 6:00 p.m.
Page 25 of 42
Detectives and Records Specialists assigned to investigations shall work either Monday
through Thursday or Tuesday through Friday (as determined and assigned by the
department), 7:00 a.m. to 5:30 p.m.
Shift employees shall work as scheduled.
Discussions will continue on the feasibility of the 3/12 work schedule for Patrol and/or
Dispatch. The Patrol assignments of Traffic Bureau, Community Service Officers and
will not be included for consideration of working a 3/12 schedule. The Detective Bureau
will not be included for consideration of working a 3/12 schedule.
Workweek:
For employees working a 9/80 or 3/12 work schedule, in accordance with 29 C.F.R. §
778.105, each employee's designated FLSA workweek (168 hours in length) shall begin
exactly four hours after the start time of his/her eight-hour shift on the day of the week
that corresponds with the employee's alternating regular day off.
*
The 3/12.5 Work schedule is authorized per Section 7(k) of the Fair Labor Standards
Act. The City has adopted a 28 day work period in accordance with Section 7(k).
Page 26 of 42
Section 6 - Overtime
Overtime Authorization:
All overtime requests must have the prior written authorization of a supervisor prior to
the commencement of such overtime work. Where prior written authorization is not
feasible, explicit verbal authorization must be obtained. Where verbal authorization is
obtained, written authorization must be obtained as soon thereafter as practicable.
Dispatched calls beyond the end of duty time are considered as authorized.
An employee's failure to obtain prior written approval, or explicit verbal authorization
followed by written authorization, will result in the denial of the overtime request.
Except as provided below, employees are not authorized to wear their uniforms or any
part thereof that is distinguishable as such unless on -duty. Each employee is provided
with a locker for his/her own personal convenience. An employee may or may not utilize
the locker for storage and changing purposes at his/her own discretion.
Nothing herein prevents a sworn employee from wearing his/her uniform to and/or from
his/her residence to and/or from work as long as the badge and insignia are covered by
a non- police issue garment such as a windbreaker. Nothing herein prevents a non -
sworn employee from wearing his/her uniform to and/or from his/her residence to and/or
from work. Employees choosing to wear their uniforms covered to and/or from work
should not wear their "Sam -Browne" belt. Time spent in changing clothes before or after
a shift is not considered hours worked, and is not compensable in any manner
whatsoever.
Shift Trades:
The practice of shift trading shall be voluntary on behalf of each employee involved in
the trade. The trade must be due to the employee's desire or need to attend to a
personal matter and not due to the department's operations. The employee providing
the trade shall not have his/her compensable hours increased as a result of the trade;
nor shall the employee receiving the trade have his/her compensable hours decreased
as a result of the trade. Any hours worked beyond the normal workday will be credited
to the individual actually doing the work.
"Paybacks" of shift trades are the obligation of the two employees involved in the trade.
"Paybacks" are to be completed within twelve (12) months of the date of the initial shift
Page 27 of 42
trade. Any dispute as to paybacks is to be resolved by the involved employees, and
under no circumstances will the Department be obligated for any further compensation
whatsoever to any of the involved employees. The Department is not responsible in any
manner for hours owed to employees by other employees that leave the employment of
the City or are assigned other duties.
A record of all initial shift trades and "paybacks" shall be maintained by the involved
employees on forms provided by the department ("Shift Trade Log").
If one individual fails to appear for the other (regardless of the reason), the person who
agreed to the shift trade is the newly scheduled officer and will be held responsible for
that shift period. That person will be listed as absent without leave and may be subject
to disciplinary action.
The practice of early shift relief shall be voluntary on behalf of each employee involved
in the relief. The employee providing the early relief shall not have his/her compensable
hours increased as a result of the early relief. "Paybacks" of early relief hours are the
sole obligation of the two employees involved in the early relief. Any dispute is to be
resolved by the involved employees, and under no circumstances will the Department
be obligated for any further compensation whatsoever to any of the involved employees.
The Department is not responsible in any manner for hours owed to employees by other
employees that leave the employment of the City or are assigned other duties.
M 11
All members of the department are required to qualify and receive remedial training
while on duty. Employees who choose to shoot at the range at times other than the
required qualification dates will be considered to be on personal time. Such time is not
counted as working time and is not compensable in any manner whatsoever.
Employees who are provided with a City vehicle to travel to and from work shall not be
compensated in any manner whatsoever for such travel time in the City vehicle. This
provision also applies in those situations where the radio must be left on and monitored.
This provision does not preclude compensation in those instances detailed in the
"Canine Assignment" or "Motorcycle Assignment" provisions of this MOU.
Page 28 of 42
Canine Assi nment
Employees assigned to canine duty shall not be compensated in any manner
whatsoever for hours spent in travel time to and from work in a City vehicle, unless such
travel time is interrupted to perform law enforcement duties. In the event that such
travel time is interrupted to perform law enforcement duties, the officer will be
compensated for actual time spent engaged in such duties. Canine handler travel time
related to the training, care and maintenance of the canine shall be included within the
enumeration of hours worked as set forth in Section 3 (Insurance/Supplemental Wage
Payments) hereinabove and shall not be subject to additional compensation.
Employees assigned to motorcycle duty shall not be compensated in any manner
whatsoever for hours spent in travel time to and from work on a city motorcycle, unless
such travel time is interrupted to perform law enforcement duties. In the event that such
travel time is interrupted to perform law enforcement duties, the officer will be
compensated for actual time spent engaged in such duties. An officer will be
compensated for actual time spent in department required and approved training at
times other than the officer's regular working hours. Motorcycle officer travel time
related to care, upkeep, and incidental repair and maintenance of the officer's assigned
motorcycle shall be included within the enumeration of hours worked as set forth in
Section 3 (Insurance/Supplemental Wage Payments) hereinabove and shall not be
subject to additional compensation.
9 rrm Facilit M
The City provides a gym facility for the voluntary use of employees during their off-duty
hours. Time spent by employees in working out at the gym facility is not considered
hours worked and will not be compensated in any manner.
Callback Pay:
Callback duty occurs when an employee is ordered to return to duty on a non -regularly
scheduled work shift. Callback does not occur when an employee is held over from
his/her prior shift or is working prior to his/her regularly scheduled shift. An employee
called back to duty shall be credited with a minimum of two (2) hours work commencing
when he/she reports to duty. Any hours worked in excess of two (2) hours shall be
credited on an hour for hour basis for actual time worked. Travel time shall not be
considered hours worked and shall not be compensated in any manner whatsoever.
Page 29 of 42
Callback duty hours will be compensated at time and one-half rate, irrespective of the
total paid leave exclusions for the work period.
This provision is to be distinguished from "Court Pay" which is to be used when an
employee is called back to court.
Court Pay:
When an employee is physically called to court for appearances, he/she shall be paid a
minimum of four (4) hours work commencing when he/she reports to court. Travel time
shall not be considered hours worked and shall not be compensated in any manner
whatsoever.
Court pay will be compensated at time and one-half rate, irrespective of the total paid
leave exclusion for the work period.
Court St,andb_Pay._
Court Standby time is not considered hours worked under the Fair Labor Standards Act.
However, in recognition of the City's past practice, effective July 1, 2015, the employee
will receive credit for two (2) hours in the a.m., and two (2) hours in the p.m., provided
that the employee is not actually required to be present in the court buildings.
Effective July 1, 2015, the City will provide employees working the graveyard shift credit
for two (2) hours in the a.m. and two (2) hours in the p.m., provided that the employee is
not actually required to be present in the court buildings. In return, the City will collect
all previously City -issued pagers.
Employees shall be responsible for calling the on-call court hotline to verify if they are
still on-call and shall comply with the department's on-call policy. Said employee shall
notify his/her immediate supervisor within twenty-four (24) hours when there is a change
in contact information such as a new home/cell telephone number.
Court standby will continue to be paid for those employees' assigned regular days off,
that fall Monday - Friday.
e
Attendance at training schools/facilities (including the academy), which improve the
performance of regular tasks and/or prepare for job advancement are not compensable
for hours in excess of the employee's normal work shift. Any time spent in excess of the
normal work shift will not be counted as working time and is not compensable in any
manner whatsoever. Time spent in studying and other personal pursuits is not
Page 30 of 42
compensable hours of work, even though the employee may be confined to campus or
to barracks 24 hours a day.
Travel time to and from the training facility outside of an employee's normal work shift is
not compensable hours of work.
Mandatory training as required by the Department and/or P.O.S.T. is compensable for
actual time spent in training.
Work Period:
The work period for all employees (both sworn and non -sworn) within the bargaining
group shall be seven (7) days in length.
For purposes of calculating overtime, all employees required to work in excess of the
standard work period of forty (40) hours in a seven (7) day cycle shall receive
compensation at the rate of one and one-half his/her regular rate of pay ("time and a
half"). The term "regular rate of pay" shall include the following components in addition
to base salary:
• Education Incentive;
• P.O.S.T.Incentive;
• Bilingual Pay;
• Special Assignment Pay;
• Longevity Pay;
• Any other performance-based incentive.
Paid leave time exclusions, as defined below, are excluded from the total hours worked
under this Section.
MOU Overtime:
Effective the first full pay period after ratification by both parties, an officer will be
entitled to WOU Overtime" in addition to regular overtime, as follows:
• An employee that is taking a vacation, Holiday bank time and/or compensatory
leave during their regular scheduled work week and is called into work on an
overtime assignment or is required to work past their regular shift will be
compensated at one and one-half (1.5) times the employee's regular rate of pay.
Page 31 of 42
• An employee that is required to work on any City -recognized Holiday will be
compensated at the regular rate of pay and will also receive his/her choice of
either twelve (12) hours of "Holiday Bank" time, or twelve hours of paid straight
time at the employee's regular rate of pay.
• An employee who is called into work outside of the employee's regular shift on a
City- recognized Holiday will be compensated at one and one- half (1.5) times
the employee's regular rate of pay.
;orrapenatoMTimes
In lieu of receiving cash payment for hours worked in excess of forty (40) hours during
the seven (7) day work period, an employee may elect the option of earning
compensatory time. Compensatory time shall be computed by a factor of 1.5 times the
employee's hours of overtime worked. A cap of one hundred and fifty (150) hours shall
be placed on the accrual of compensatory time off. The times during which an employee
may take his/her compensatory time shall be approved by the appointing authority with
due regard for the wishes of the employee and for the needs of the service.
Should this provision be found invalid by an arbitrator, court of competent jurisdiction or
the Department of Labor, the accrual of compensatory time shall cease and all accrued
compensatory time shall be paid at the employee's current straight time rate.
On or before December 31 of each year, an employee shall reduce his/her accrued
compensatory time to seventy-five (75) hours or less. Any time in excess of seventy-five
(75) hours shall be paid at the employee's current straight time rate.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time up to two hundred (200) hours at his/her straight time hourly base
rate at the time of separation.
In determining an employee's eligibility for overtime compensation in a work period, paid
and unpaid leaves of absence shall be excluded from the total hours worked. To the
extent authorized by law, paid leaves of absence which shall be excluded include, but
are not limited to, the following:
• Sick Leave;
• "4850 Time" Leave;
• Jury Duty Leave;
• Administrative Leave;
• Bereavement Leave
Page 32 of 42
• Military Leave
• Workers' Compensation/IOD Leave
New Fair Labor Standards Act Re ulations.
The City agrees that in the event the Department of Labor issues new or revised
interpretative regulations defining what is and what is a not compensable hour of work,
the City shall amend any affected provisions of this Memorandum of Understanding to
comply with such regulations. The Association recognizes that there will be no
retroactive application of such regulations under this Memorandum of Understanding
unless so provided by regulation or by a court or other tribunal of competent jurisdiction.
Section 7 - Policies and Procedures
The pay periods and times of delivery of payroll checks for all employees shall be set by
the Executive Team.
The City agrees that civilian dispatchers will not be required to provide for the operation
of the City switchboard.
The City shall provide all non -sworn employees with a modified City identification card.
Such identification will indicate that the employee works within the City Police
Department.
The City shall provide yearly physical to each public safety employee, by a
physician of the City's choice.
Page 33 of 42
Uniforrn/g ui ment» Allowance - Sworn
Effective July 1, 2015 the City will provide $900.00 per year for eligible employees by
adding this amount to each employee's paycheck but will not increase the employee's
base salary.
The City shall continue to provide new employees with two (2) complete uniforms
(excluding shoes) upon commencing employment with the City. In addition, the City will
provide employees on Specialty Assignment and members of the Special Response
Team with the initial set of the appropriate uniform and equipment required for the
employee's position.
Employees shall be responsible for the replacement of uniforms due to normal wear and
tear. If an employee's uniform is damaged during the execution of their duties, said
employee will document in a police report or inter -office memorandum the
circumstances surrounding the damage. The City shall provide the employee with a
replacement uniform equivalent to the one that was damaged.
Effective July 4, 1993, sworn personnel will have the option of selecting a light duty
jacket or heavy-duty jacket as part of their uniform.
Page 34 of 42
Uniforms - Non -Sworn:
The City shall provide new non -sworn employees with two (2) complete uniforms
(excluding shoes) upon commencing employment with the City.
The City will provide $500 per year for eligible non -sworn employees by adding this
amount to each employee's paycheck but will not increase the employee's base salary.
All sworn employees shall be provided the following safety equipment:
Weapon -based upon recommendation of the Range Master;
Rounds of ammunition annually, based upon recommendation of the Range
Master;
3 ammunition clips;
Oleoresin Capsicum Spray;
• Baton;
Handcuffs (Peerless, Smith and Wesson, or like quality);
Bullet-proof vest;
Helmet;
Raingear (coat, pants and boots);
1 "Sam Browne" belt;
4 keepers;
1 uniform belt;
• 1 baton holder;
1 cuff case;
1 Oleoresin Capsicum Spray holder;
1 -double ammunition pouch;
1 holster;
1 key holder;
1 radio holder; and
• Flashlight.
Upon leaving the employ of the City, the employee shall return all equipment to the City.
All repairs to said equipment shall be made on an as needed basis, shall be paid for by
the City, and shall be made through Keystone Uniforms or other appropriate outlet(s).
The Division Commander must approve repair or replacement in advance.
Page 35 of 42
Dees Authorizafion
Upon receipt of an executed voluntary written authorization, the City shall deduct
Association dues on a bi-weekly payroll basis for employees represented by the
Association. The Association shall provide the form for this purpose and the amounts to
be deducted for Association dues shall be certified to the City by the appropriate
Association official. Such deductions shall be made only when the employee's
earnings for a pay period are sufficient after other legally required deductions are made.
Such deductions shall be forwarded to the Association within twenty (20) working days
following such deductions from the employee's pay.
Authorization for dues deductions shall be revocable by the employee upon fifteen (15)
days advance written notice to both the Association and to the City.
The Association hereby agrees to indemnify and hold harmless the City for any loss or
damages, claims or causes of action, and legal fees arising from the operation of this
provision of the Memorandum. It also is agreed that neither any employee nor the
Association shall have any claim for error against the City for any deductions made or
not made, as the case may be.
Because the ADA requires accommodations for individuals protected under the Act, and
because these accommodations must be determined on an individual, case-by-case
basis, the parties agreed that the provisions of this agreement may be set aside in order
for the City to avoid discrimination relating to hiring, promotion, granting permanency,
transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty
classification, seniority, leaves, fringe benefits, training opportunities, hours of work or
other terms and privileges of employment. The Association recognizes that the City has
the legal obligation to meet with the individual employee to be accommodated before
any adjustment is made in working conditions. The City will notify the Association of
these proposed accommodations prior to implementation.
Any accommodation provided to an individual protected by the ADA shall not establish a
past practice, nor shall it be cited or used as evidence of a past practice in the
grievance procedure.
Prior to setting aside any provision of this agreement in order to undertake required
accommodations for an individual protected by the Act, the City will provide the
Association with written notice of its intent to set aside the provision, and will allow the
Association the opportunity to discuss options to setting aside of any provision.
Page 36 of 42
® o MO F R w ; w SM
It is the purpose of this policy to eliminate substance abuse and its effects in the
workplace and to ensure that employees are in a condition to perform their duties safely
and efficiently, in the interests of their fellow workers and the public as well as
themselves.
Alcohol and Dru Abuse Polic
Alcohol/Drug Abuse and Testing
M1, 1w 111711111 11!; iir oI
The parties agree that all new hires (after ratification of this agreement)
represented by the unit will be subject to pre-employment alcohol and drug
testing. Employment will be contingent upon the results of this testing.
The parties specifically understand and agree that marijuana remains a Class I
controlled substance under federal law, and despite the existence of conflicting
state law, the City is entitled to, and will, without exception, deny employment to
any applicant who tests positive for marijuana on a pre-employment drug test.
JOw • ► ,� „
1. City Policy
The City will maintain a policy to eliminate substance abuse and its effects in
the workplace and to ensure that employees are in a condition to perform
their duties safely and efficiently, in the interests of their fellow workers and
the public as well as themselves.
It is the City's policy that employees shall not be under the influence of or in
possession of alcohol or drugs while on City property, at work locations, or
while on duty; shall not utilize such substances when they have a reasonable
expectation of call in for duty; shall not possess, provide or sell illegal drugs to
any other employee or to any person while on duty; nor have their ability to
work impaired as a result of the use of alcohol or drugs.
While use of medically prescribed medications and drugs is not per se a
violation of this policy, the employee must notify their supervisor, before
beginning work, when taking medications or drugs (including the possible
effects of taking such medication and drugs) which could foreseeably interfere
Page 37 of 42
with the safe and effective performance of duties or operation of equipment.
In the event there is a question regarding an employee's ability to safely and
effectively perform assigned duties while using such medications or drugs,
clearance from their physician may be required.
The parties specifically understand and agree that marijuana remains a Class
I controlled substance under federal law. The parties further agree that
despite the existence of conflicting state law, the City is entitled to discipline
an employee who tests positive for marijuana on a drug test imposed
pursuant to City policy, regulations, or federal/state law.
The City is committed to providing reasonable opportunity for rehabilitation for
those employees whose drug or alcohol problem classifies them handicapped
or disabled under federal and/or state law. Persons whose use of drugs or
alcohol prohibits them from performing the duties of their position, or whose
use constitutes a direct threat to property or the safety of others, are not
considered handicapped or disabled under federal or state law.
This policy applies to alcohol and to all substances, drugs, or medications,
legal or illegal, which could impair an employee's ability to effectively and
safely perform the functions of the job.
Alcohol and Druq Abuse Policy A lication:
This policy applies to all employees of the City of Baldwin Park. This policy applies to
alcohol and to all substances, drugs, or medications, legal or illegal, which could impair
an employee's ability to effectively and safely perform the functions of the job.
An employee must:
1. Refrain from the use of, or unlawful possession of, illegal drugs or
narcotics while on duty;
2. Not report to work while his/her ability to perform job duties is impaired
due to alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs and
prescription drugs without a prescription) during working hours or at any
time while on city property, unless authorized by the Police Department;
Page 38 of 42
4. Not directly or through a third party sell or provide illegal drugs to any
person, including any employee, while either employee or both employees
are on duty;
5. Notify his/her supervisor, before beginning work, when having consumed
alcohol or when taking any medications or drugs, prescription or non-
prescription, which the employee believes may interfere with the safe and
effective performance of duties or operation of equipment;
6. Report to their supervisor of any criminal drug statute conviction no later
than five (5) days after such conviction;
7. Report to the supervisor when they have knowledge *of objective evidence
those other employees may be under the influence of drugs or alcohol or
engaging in illegal drug related activities.
Employees who believe they may have an alcohol or drug usage problem are urged to
voluntarily seek confidential assistance through their medical plans or through other
resources available in their community. While the City will be supportive of those who
seek help voluntarily, the City will be equally firm in identifying and disciplining those
who continue to be substance abusers and do not seek help.
Notwithstanding the above language, Section 3.01(B) of the Baldwin Park Police
Manual will taken into consideration for all sworn employees of the Police Department.
M U
1. Managers and supervisors are responsible for reasonable enforcement of
this policy.
2. Notify the affected contract/granting agency within ten (10) days after
receiving notice of any conviction.
3. Prepare and distribute to all employees, a summary of available benefits
through the various health plans. Any information will be distributed
through the Personnel Services office.
4. To treat any cases where rehabilitation is recommended or already
underway as a medical situation, subject to current medical leave policies.
5. To maintain strict confidentiality on all matters arising under the provision
of this policy. Medical information, if necessitated, will be maintained by
Personnel Services in separate, secured files.
6. Information will only be shared where there is a bona fide "need to know"
by management in instances where referrals, rehabilitation, medical
Page 39 of 42
leaves, work accommodation, discipline or other employment related
decisions are affected.
7. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary
cases. Decisions made on such cases under this policy will be subject to
review by an individual's department head, Executive Team and
Personnel Officer.
The Association, in conjunction with the City, will continue their commitment to
effectuate, maintain and expand a Community Based Policing Policy for the betterment
of the citizens of the City.
The City has developed a policy pursuant to its legislative discretion by which personnel
may engage in outside employment on their off hours that does not conflict with their
official duties; and City agrees to maintain a policy on outside employment.
Department management and Human Resources agree to institute a system of
standardized testing for promotions as soon as practically possible.
Probationgj Pearj2S! Bwo�
Probationary period for sworn officers is (12) twelve months for lateral and promotional
employees only. New employees remain at (18) eighteen months.
«ro Hill -T, ;r
Management retains the right to determine operational needs and to assign personnel
in keeping therewith. This management right includes the right to determine and create
modified duty assignments.
Page 40 of 42
0 w I
Effective the first full payroll period after ratification by both parties and assignment by
the Chief of Police, employees who have completed more than 12 years of continuous
service with Baldwin Park Police Department (BPPD), and successfully completed two
specialty assignments, will be eligible for a Corporal assignment resulting in an increase
in salary of $300 a month. A maximum of six (6) Corporal assignments will be available
at any one time, as determined based on an interview/selection process determined by
management.
Page 41 of 42
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding the day, month and
year noted.
BALDWIN PARK POLICE ASSOCIATION CITY OF BALDWIN PARK
Chief Negotiator
Steve Turner
Mayor
Manuel Lozano
President, Executive Officer Date
Jason d, !ms
-mice President
Francisco Real
taff epresentative
Johnny Patino
Civ i 11 li11 a.. Repre'—sen'tatiVe
Liz Pereida
Date
Page 42 of 42
RESOLUTION NO. 2018-235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A SALARY RESOLUTION
TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE
FOR ALL FULL TIME EMPLOYEES, PART TIME
EMPLOYEES AND ELECTED OFFICIALS IN
ACCORDANCE WITH CALPERS GUIDELINES.
WHEREAS, the City of Baldwin Park, through negotiations with various employee
bargaining groups has established corresponding Memoranda of Understanding which
are in full force and affect; and established individual contracts with each executive
management employee; and
WHEREAS, California Employees Retirement System (CalPERS) does require all
government agencies to provide and make available to the public the salary of all full-time
employees, part-time employees and Elected Officials in a single salary format specified
by CalPERS; and
WHEREAS, the City of Baldwin Park has compiled the necessary salary data to
create a single salary schedule required in compliance with the requirements of CalPERS
and has attached said report to this resolution as Exhibit E, with the date, January 1,
2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the
creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate
information for all full-time and part-time employees as well as Elected Officials, attached
hereto as Exhibit E to be effective on January 1, 2018.
SECTION 2. Resolutions or portions thereof in conflict with this resolution are
hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and
shall forward a certified copy hereof to each Department Head and the Human Resources
Manager.
1
PASSED, APPROVED, AND ADOPTED this 21th day of March, 2018.
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ��= SS:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2018-235 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on March 21, 2018 and that the same was
adopted by the following vote to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ALEJANDA AVILA
CITY CLERK
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RESOLUTION NO. 2018-236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A SALARY RESOLUTION
TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE
FOR ALL FULL TIME EMPLOYEES, PART TIME
EMPLOYEES AND ELECTED OFFICIALS IN
ACCORDANCE WITH CALPERS GUIDELINES.
WHEREAS, the City of Baldwin Park, through negotiations with various employee
bargaining groups has established corresponding Memoranda of Understanding which
are in full force and affect; and established individual contracts with each executive
management employee; and
WHEREAS, California Employees Retirement System (CalPERS) does require all
government agencies to provide and make available to the public the salary of all full-time
employees, part-time employees and Elected Officials in a single salary format specified
by CalPERS; and
WHEREAS, the City of Baldwin Park has compiled the necessary salary data to
create a single salary schedule required in compliance with the requirements of CalPERS
and has attached said report to this resolution as Exhibit F, with the date, March 25, 2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the
creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate
information for all full-time and part-time employees as well as Elected Officials,
attached hereto as Exhibit F to be effective on March 25, 2018.
SECTION 2. Resolutions or portions thereof in conflict with this resolution are
hereby repealed.
SECTION_ 3. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a certified copy hereof to each Department Head and the Human
Resources Manager.
1
PASSED, APPROVED, AND ADOPTED this 21th day of March, 2018.
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2018-236 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on March 21, 2018 and that the same was
adopted by the following vote to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ALEJANDA AVILA
CITY CLERK
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RESOLUTION NO. 2018-237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A SALARY RESOLUTION
TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE
FOR ALL FULL TIME EMPLOYEES, PART TIME
EMPLOYEES AND ELECTED OFFICIALS IN
ACCORDANCE WITH CALPERS GUIDELINES.
WHEREAS, the City of Baldwin Park, through negotiations with various employee
bargaining groups has established corresponding Memoranda of Understanding which
are in full force and affect; and established individual contracts with each executive
management employee; and
WHEREAS, California Employees Retirement System (CalPERS) does require all
government agencies to provide and make available to the public the salary of all full-time
employees, part-time employees and Elected Officials in a single salary format specified
by CalPERS; and
WHEREAS, the City of Baldwin Park has compiled the necessary salary data to
create a single salary schedule required in compliance with the requirements of CalPERS
and has attached said report to this resolution as Exhibit B, with the date, July 1, 2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the
creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate
information for all full-time and part-time employees as well as Elected Officials,
attached hereto as Exhibit B to be effective on July 1, 2017.
SECTION 2. Resolutions or portions thereof in conflict with this resolution are
hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a certified copy hereof to each Department Head and the Human
Resources Manager.
1
PASSED, APPROVED, AND ADOPTED this 21th day of March, 2018.
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELESiSS:
CITY OF BALDWIN PARK l
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2018-237 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on March 21, 2018 and that the same was
adopted by the following vote to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ALEJANDA AVILA
CITY CLERK
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RESOLUTION NO. 2018-238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A SALARY RESOLUTION
TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE
FOR ALL FULL TIME EMPLOYEES, PART TIME
EMPLOYEES AND ELECTED OFFICIALS IN
ACCORDANCE WITH CALPERS GUIDELINES.
WHEREAS, the City of Baldwin Park, through negotiations with various employee
bargaining groups has established corresponding Memoranda of Understanding which
are in full force and affect; and established individual contracts with each executive
management employee; and
WHEREAS, California Employees Retirement System (CalPERS) does require all
government agencies to provide and make available to the public the salary of all full-time
employees, part-time employees and Elected Officials in a single salary format specified
by CalPERS; and
WHEREAS, the City of Baldwin Park has compiled the necessary salary data to
create a single salary schedule required in compliance with the requirements of CalPERS
and has attached said report to this resolution as Exhibit D, with the date, December 1,
2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the
creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate
information for all full-time and part-time employees as well as Elected Officials,
attached hereto as Exhibit D to be effective on December 1, 2017.
SECTION 2. Resolutions or portions thereof in conflict with this resolution are
hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a certified copy hereof to each Department Head and the Human
Resources Manager.
1
PASSED, APPROVED, AND ADOPTED this 21th day of March, 2018.
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA I
COUNTY OF LOS ANGELES l' SS:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2018-238 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on March 21, 2018 and that the same was
adopted by the following vote to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ALEJANDA AVILA
CITY CLERK
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N
RESOLUTION NO. 2018-239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A SALARY RESOLUTION
TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE
FOR ALL FULL TIME EMPLOYEES, PART TIME
EMPLOYEES AND ELECTED OFFICIALS IN
ACCORDANCE WITH CALPERS GUIDELINES.
WHEREAS, the City of Baldwin Park, through negotiations with various employee
bargaining groups has established corresponding Memoranda of Understanding which
are in full force and affect; and established individual contracts with each executive
management employee; and
WHEREAS, California Employees Retirement System (CalPERS) does require all
government agencies to provide and make available to the public the salary of all full-time
employees, part-time employees and Elected Officials in a single salary format specified
by CalPERS; and
WHEREAS, the City of Baldwin Park has compiled the necessary salary data to
create a single salary schedule required in compliance with the requirements of CalPERS
and has attached said report to this resolution as Exhibit C, with the date, October 4,
2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the
creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate
information for all full-time and part-time employees as well as Elected Officials, attached
hereto as Exhibit C to be effective on October,4 2017.
SECTION 2. Resolutions or portions thereof in conflict with this resolution are
hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and
shall forward a certified copy hereof to each Department Head and the Human Resources
Manager.
1
PASSED, APPROVED, AND ADOPTED this 21th day of March, 2018.
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES'= SS:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2018-239 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on March 21, 2018 and that the same was
adopted by the following vote to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ALEJANDA AVILA
CITY CLERK
Y
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STAFF REPORT
TO:
FROM:
DATE:
ITEM NO.
Honorable Mayor and City Councilmembers
Rose Tam, Director of Finance
March 21, 2018"""'
E'er
SUBJECT: SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN
PARK WARRANTS AND DEMANDS
SUMMARY
Attached is the Warrant and Demand Register for the Successor Agency to the Dissolved Community
Development Commission of the City of Baldwin to be ratified by the City Council.
FISCAL IMPACT
The attached Warrant Register for Successor Agency of the City of Baldwin Park in the total amount of
$100,745.21
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.
BACKGROUND
The attached Claim and Demand report format meets the required information as set out in the California
Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and
for the authorization from the department head or its designee. Pursuant to Section 37208 of the California
Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the
demands hereinafter referred. Payments released since the previous City Council meeting and the following is a
summary of the payment released:
1. The December 2 to March 12, 2018 Successor Agency Warrant with check numbers 13533 to 13534 in
the total amount of $100,745.21 were made on behalf of Successor Agency of the City of Baldwin Park
constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are
herewith presented to the City Council as required by law, and hereby ratified.
IIIA 11keport
B Check Number
City of Baldwin Park, CA Y
4 ' Date Range: 12/02/2017 - 03/12/2018
SAN A$
Vendor Number Vendor Name
Payment Date
Payment Type
Discount Amount Payment Amount Number
Bank Code: SA -SUCCESSOR AGENCY
09347 LOS ANGELES COUNTY AUDITOR CONTROLLER 02/21/2018
Regular
0.00 100,000.00 13533
01228 HDL, COREN & CONE
03/05/2018
Regular
0.00 745.21 13534
Bank Code SA Summary
Payable Payment
Payment Type
Count
Count Discount
Payment
Regular Checks
2
2
0.00
100,745.21
Manual Checks
0
0
0.00
0.00
Voided Checks
0
0
0.00
0.00
Bank Drafts
0
0
0.00
0.00
E FT's
00
0.00
0.00
2
2
0.00
100,745.21
311.2/2018 2:51.:32 PM Page 1 of 2
Chileck Repart
Payment
100,745.21
0.00
0.00
0.00
0.00
... ..........
100,745.21
Amount
100,000.00
745.21
100,745.21
Date Range: 12/02/2017 - 03/12/2018
3/12/2018 2:5122 PM Page 2 of 2
All Bank Codes Check Summary
Payable Payment
Payment Type
Count Count
Discount
Regular Checks
2 2
0.00
Manual Checks
0 0
0.00
Voided Checks
0 0
0.00
Bank Drafts
0 0
0.00
EFT's
0 0
0.00
........... .... . . .
2 2
. ....... . .................... . ..... - -
0.00
Fund Summary
Fund Name
Period
990 SUCCESOR AGENCY POOL 2/2018
990 SUCCESOR AGENCY POOL 3/2018
Payment
100,745.21
0.00
0.00
0.00
0.00
... ..........
100,745.21
Amount
100,000.00
745.21
100,745.21
Date Range: 12/02/2017 - 03/12/2018
3/12/2018 2:5122 PM Page 2 of 2
ITEM NO. 13
STAFF REP'
tl, TO: Honorable Mayor and City Councilmembers
FROM: Robert N. Tafoya, City Attorney
rw ,"
•aiIEL ,DATE: March 21, 2018
NALL'Y'-
' SUBJECT: A REQUEST FOR CONSIDERATION OF A MUNICIPAL
(ZONING) CODE AMENDMENT BY ORDINANCE TO MODIFY CHAPTER
127 (COMMERCIAL CANNABIS) BY INCREASING THE NUMBER OF
PERMITS PERMITTED FROM FIFTEEN TO TWENTY-FIVE.
SUMMARY
'File proposed amendment to Chapter 127 in the zoning code will be minor in nature. The proposed amendment
will increase the number of Tier III permits for Commercial Cannabis Use from fifteen to twenty-five in number.
If approved, this amendment to the Commercial Cannabis Code will be adopted as an Ordinance and will go into
effect thirty days after final adoption (second reading) by vote of the City Council. If this amendment is approved,
the City need not issue all ten additional permits.
FISCAL IMPACT
This Ordinance has an unspecified Fiscal Impact on the General Fund in that ten additional permittees will pay
mitigation fees. It is likely that the City will receive additional revenue as a result of this amendment.
RECOMMENDATION
Stall' recoramends that the City Council conduct a Public Hearing and, thereafter, waive the first reading and
adopt by title only, Ordinance No. 1408, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK CALIFORNIA, AMENDING THE MUNICIPAL CODE CHAPTER 127 –
MEDICAL AND ADULT USE COMMERCIAL CANNABIS"
L -'[' ,_Q
In accordance with the provisions of the California Environmental Quality Act (CEQA), Section 15061 (b) (3) of
Chapter 3, Title 14, it has been determined that the proposed Code Amendment project will not have an impact
upon the environment.
13ACKC;ROIJND/DI"S MISSION
Governor Brown signed a new bill, SB 94, entitled [lie "Medical and Adult -Use Cannabis Regulation and Safety
Act"' ("°MA1 )'CR A"), which took e:ft'ect inanaediately, MAUCRSA melds the State's medical -only regulations
passed by the legislature (a.k.a. M1C"RSA) with the adult -use rules approved by the voters under Prop. 64. For the
most part, MAUCRSA follows tlae more flexible, industry -friendly rules of'ALiMA, such as allowing applicants
to get licenses in different phases of the industry --cultivation, manufacture, distribution and retailing — rather
than restrict so-called "vertical integration" by allowing just a single kind of license, as treader MCR.SA.. It also
eliminates MCRSA's independent distributor requirenraent, as thor•izes the issuance of temporary special -event
licenses, and drops the California residency requirement for license applicants.
Under MAUCRSA, applicants have the choice of applying for a medical "Type M" or adnit-use "`fypc A" license
in any category (co.ltivating, naannfact Lire, etc.). It regrrires medical and adtrlk.pr.rse businesses to operate separately,
however ra provision to allow co -location of adult and medical use facilities has been incorporated in a separate
regUlatory clean -tip bill, A1164 would: ( I) allow rrredicral and adult -use licenses to operate on the same premises;
(2) rrnracnd California's Model State Tr°adernarleL,aw to allow trademarks for cannabis products; and (3) allow
Page 2
existing medical collectives, which must still operate as not -for -profits under SB 420 pending state regulation,,to
operate on a for-profit basis immediately.
Since early 2017, in several City Council study sessions, there has been discussion about amending the City's
Municipal Code to allow and regulate Cannabis Cultivation, Manufacturing and Distribution uses within the City
of Baldwin 'ark. On August 16, 2017, the City adopted Ordinance No. 1400 adding chapter 127, Medical and
Adult Use Commercial Cannabis, of Title XI, Business Regulations, thus permitting Commercial Cannabis. The
City still prohibits retail Cannabis Dispensaries. On December 13, 2017, the City adopted Urgency Ordinance
No. 1403 which redefined the measurement of distances required by Chapter 127. Now, the City desires to change
the number of permits allowed under Chapter 127 from fifteen (15) to twenty-five (25). This minor anise idinent
would be achieved by passage of the proposed Ordinance No. 1408, The proposed Ordinance No. 1408 would
"increase the number of permits in the City by ten additional permits.
LEGAL REVIEW
This Staff Report and the Ordinance have been reviewed by the City Attorney's Office as to form and content.
ALTERNATIVES
(1) Tlie City Council may determine that the current limit of fifteen permits is desirable. (2) The City Council
may decide that some other number, other than twenty-five, is desirable. (3) The City Council may decide to add
Tier I and Tier II permits as part of the increased number of permits.
A"lC TACII LNTS
#1, Ordinance No. 1408
ORDINANCE NO. 1408
AN 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
WHEREAS, prior to August 16, 2017, the City of Baldwin Park ("City") and
Baldwin Park Municipal Code (BPMC) did not permit medical and adult commercial
cannabis cultivation, manufacturing, and distribution uses; and
WHEREAS, on August 16, 2017, the City adopted Ordinance No. 1400 adding
Chapter 127, Medical and Adult Use Commercial Cannabis, of Title XI, Business
Regulations to the City of Baldwin Park Municipal Code, thus permitting the Cultivation,
Manufacturing, Distribution and Testing of Commercial Cannabis with a Development
Agreement; and
WHEREAS, since early 2017, in several City Council Study Sessions, there has
been discussion about amending the City's Municipal Code to allow and regulate
Cannabis Cultivation, Manufacturing and Distribution uses within the City of Baldwin
Park, provided development standards and a Development Agreement are included;
and
WHEREAS, the City of Baldwin Park held five (5) educational and public
outreach sessions at various locations throughout the City to bring awareness to the
community; and
WHEREAS, the educational and public outreach sessions were held at the
Baldwin Park Senior Center, the Baldwin Park Performing Arts Center, and the Baldwin
Park Arts and Recreation Center; and s
WHEREAS; each educational and public outreach session had speakers from
the City as well as industry experts who presented information and were available to
answer any questions; and
WHEREAS, the City desires to amend Chapter 127, Medical and Adult Use
Commercial Cannabis, by increasing the number of permits from fifteen (15) to twenty-
five (25); and
WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of
Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies
to projects which "have the potential for causing a significant effect on the environment";
where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA;
and zoning regulations do not constitute the approval of any development project, and
will therefore not result in any physical change in the environment.
Ordinance No. 1408
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 127, Medical and Adult Use of Commercial Cannabis, of
Title XI, Business Regulations shall hereby be amended as follows:
CHAPTER 127. Medical and Adult Use Commercial Cannabis
127.01: Purpose
A. The purpose of this chapter is to regulate all commercial cannabis activity
in the City of Baldwin Park, as defined in Section 26000 et seq. of the California
Business and Professions Code, to the extent authorized by state law and in a manner
designed to minimize negative impact on the City, and to promote the health, safety,
morals, and general welfare of residents and businesses within the city.
B. This article is further adopted and established pursuant to the specific
authority granted to the City of Baldwin Park in Section 7 of Article XI of the California
Constitution and Section 26000 of the California Business and Professions Code. These
regulations shall govern all commercial cannabis activity that occurs within the
jurisdiction of the City.
127.02: Definitions
Unless otherwise defined herein, the terms in this article shall have the same
meaning as set forth in the MAUCRSA ("Medicinal and Adult -Use Cannabis Regulation
and Safety Act") and any rules promulgated under it. In addition, the following terms
shall be defined as follows:
A. "Adult -Use Cannabis" means the use of cannabis for creational purposes
as distinguished from cannabis for medicinal purposes.
B. "Adult -Use Cannabis Licensee" has the same meaning as that term "A -
licensee" as defined by Section 26001(f) of the California Business and Professions
Code.
C. "Applicant" has the same meaning as that terms is defined by Section
26001(c) of the California Business and Professions Code.
D. "Cannabis" has the same meaning as that terms is defined by Section
26001(f) of the California Business and Professions Code.
E. "City" means the City of Baldwin Park, California.
F. "Chief Executive Officer" shall mean the Chief Executive Officer of the City
or a duly authorized designee.
G. "Code" means the Baldwin Park Municipal Code.
Ordinance No. 1403
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H. "Commercial cannabis activity" has the same meaning as that term is
defined by Section 26001(k) of the California Business and Professions Code.
I. "Cultivation site" has the same meaning as that term is defined by Section
26001(m) of the California Business and Professions Code.
J. "Day-care" means any child day care facility other than a family day care
home and includes infant centers, preschools, extended day care facilities, and school-
age child care centers.
K. "Distribution" has the same meaning as that term is defined by Section
26001(r) of the California Business and Professions Code.
L. "Enclosed locked structure" means a structure that(1) does not allow for
the visibility of the interior from the outside; (2) is secured with a non-residential lock; (3)
is completely surrounded on all sides by a wall (i.e., fully enclosed); and (4) is roofed.
Enclosed locked structures may include greenhouses, provided that only the roof of the
greenhouse is made of transparent glass. All enclosed locked structures shall comply
with the city and state building codes, city and state fire codes, and all other applicable
laws.
M. "Good cause" for purposes of denying an initial license under this chapter,
for revoking a permit, or for denying a permit renewal or reinstatement, means at least
one of the following:
1. The applicant has not obtained approval by the city council of a
development agreement setting forth the general terms for the operation of a business
under this chapter or a licensee breaches the terms of an applicable development
agreement.
2. The applicant or licensee has violated any of the terms, conditions,
or provisions of this chapter, state law, any regulations promulgated under state law,
any applicable local ordinances or rules, or any special terms or conditions placed upon
its state license, local license, or permit;
3. The licensed premises has been or is operated in a manner that
adversely affects the public health, safety, or welfare of the immediate neighborhood in
which the establishment is located;
4. The applicant or licensee has knowingly made false statements,
misrepresentations or material omissions on an application form, renewal form, or any
other document submitted to the City;
5. The applicant or licensee's criminal history does not indicate that
the applicant or licensee is of good moral character; or the applicant or licensee has
been convicted of an offense that is substantially related to the qualifications, functions,
or duties of the business or profession for which the application is made, except that, if
the local licensing authority has issued a local license to the applicant or licensee, the
Ordinance No. 1408
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City shall not consider any criminal history of the applicant or licensee that was
disclosed to or discovered by the local licensing authority prior to the issuance of the
local license and is confirmed by the applicant. For any criminal history that was not
disclosed to or discovered by the local licensing authority prior to the issuance of the
local license or that arose after the issuance of the local license, the City shall conduct a
thorough review of the nature of the crime, conviction, circumstances, and evidence of
rehabilitation of the applicant or licensee and shall evaluate the suitability of the
applicant or licensee to be issued a permit based on the evidence found through the
review. In determining which offenses are substantially related to the qualifications,
functions, or duties of the business or profession for which the application is made, the
City shall consider the factors as set forth in Section 26057(b)(4) of the California
Business and Professions Code;
6. The applicant or licensee is employing or allowing to volunteer any
person whose criminal history indicates that person is not of good moral character;
7. The applicant or licensee fails to allow inspection of the security
recordings, activity logs, or business records of the licensed premises by city officials; or
8. An applicant or licensee is a licensed physician providing written
recommendations to patients for cannabis.
N. "Good moral character" means having a personal history that
demonstrates the propensity to serve the public in the licensed area in a manner that
reflects openness, honesty, fairness, and respect for the rights of others and for the law.
In determining good moral character, the following standards apply:
1. A judgment of guilt in a criminal prosecution or a judgment in a civil
action shall not be used, in and of itself, as proof of an individual's lack of good moral
character. Such judgment may be used as evidence in the determination, and when so
used, the individual shall be notified and shall be permitted to rebut the evidence by
showing that, at the current time, he or she has the ability to and is likely to serve the
public in a fair, honest and open manner, that he or she is rehabilitated, or that the
substance of the former offense is not substantially related to the occupation or
profession for which he or she seeks to be licensed.
2. Notwithstanding Chapter 2 of Division 1.5 of the California Business
and Professions Code, a prior conviction where the sentence, including any term of
probation, incarceration, or supervised release is completed for possession of,
possession for sale, sale, manufacture, transportation, or cultivation of a controlled
substance, is not considered substantially related, and shall not be the sole ground for
denial of a local license, except that any of the following convictions shall be deemed
substantially related and may be the sole grounds for denying a local license or permit:
a. A felony conviction for hiring, employing, or using a minor in
transporting, carrying, selling, giving away, preparing for sale, or peddling, any
controlled substance; or
Ordinance No, 1408
Paae 5
b. A felony conviction for selling, offering to sell, furnishing,
offering to furnish, administering, or giving any controlled substance to a minor; or
C. A felony conviction for drug trafficking with enhancements
pursuant to Section 11370.4 or 11379.8 of the California Health and Safety Code.
d. Conviction for any controlled substance felony subsequent to
issuance of a permit shall be grounds for revocation of a permit or denial of the renewal
of a permit.
O. "Immature cannabis plant" means a cannabis plant, whether male or
female, that has not yet flowered and that does not yet have buds that are readily
observed by unaided visual examination. This is distinguished from a "mature" plant,
which has flowered and has buds.
P. "Licensed Premises" means the designated area on a single or
immediately adjoining parcel(s), as identified by valid street address and Assessor
Parcel Number, specified in an application for a permit under this chapter, which is
owned or in the possession of the applicant or licensee and within which the applicant
or licensee is applying for authorization to cultivate, manufacture, distribute, test, or is
applying for multiple permitted uses, in accordance with the provisions of this chapter,
the MAUCRSA, any development agreement approved by city council, and any rules
adopted pursuant thereto.
Q. "Licensee" means a person who has been issued a commercial cannabis
business permit under this chapter for a Licensed Premises.
R. "Limited access area" means a building, room, or other area that is part of
the licensed premises whose access is limited to certain authorized persons.
S: "Manufacture" means to compound, blend, extract, infuse, or otherwise
make or prepare a cannabis product.
T. "Manufacturer" means a licensee that conducts the production,
preparation, propagation, or compounding of cannabis or cannabis products either
directly or indirectly or by extraction methods, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis at a fixed location
that packages or repackages cannabis or cannabis products or labels or relabels its
container.
U. "Medicinal cannabis" has the same meaning as that term is defined by
Section 26001(ai) of the California Business and Professions Code.
V. "Medical cannabis business" means any person engaged in commercial
cannabis activity.
W. "Medicinal and Adult -Use Cannabis Regulation and Safety Act" or
"MAUCRSA" means Division 10 of the California Business and Professions Code.
Ordinance No. 1408
Page 6
"Outdoors" means any location within the City that is not within an enclosed
structure.
Y. "Owner" means any of the following, pursuant to Section 26001(al) of the
California Business and Professions Code:
1. A person with an aggregate ownership interest of 20 percent or
more in the person applying for a license or a licensee, unless the interest is solely a
security, lien, or encumbrance.
2. The chief executive officer of a nonprofit or other entity.
3. A member of the board of directors of a nonprofit.
4. An individual who will be participating in the direction, control, or
management of the person applying for a license.
Z. "Person" has the same meaning as that term is defined by Section
26001 (an) of the California Business and Professions Code.
AA. "Permit" means a "cannabis permit" that authorizes an entity to conduct
commercial cannabis activity under this chapter.
BB. "Physician" as used in this chapter, shall mean an individual who
possesses a license in good standing to practice medicine or osteopathy from the State
of California.
CC. "State law" means and include California Health and Safety Code Section
11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections
11362.7 to 11362.83 (Medical Marijuana Program Act); the California Attorney
General's Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical
Use issued in August, 2008, as such guidelines may be revised from time to time by
action of the Attorney General; MAUCRSA, and all other applicable laws of the state of
California.
DD. "State license" has the same meaning as that term is defined by Section
26001(y) of the California Business and Professions Code.
EE. "State licensing authority" shall mean the Bureau of Cannabis Control
within the State Department of Consumer Affairs, the State Department of Public
Health, State Department of Food and Agriculture, or any other State agency
responsible for the issuance, renewal, or reinstatement of a State license issued
pursuant to Division 10 of the California Business and Professions Code or any state
agency authorized to take disciplinary action against such local license.
FF. "Written documentation" shall have the meaning set forth in Section
11362.7(i) of the California Health and Safety Code.
Ordinance No. 1408
Page 7
GG. "Youth center" means any public or private facility that is primarily used to
host social activities for minors, including, but not limited to, social service teenage club
facilities, video arcades, or similar amusement park facilities.
127.03: Relationship to Other Laws
Except as otherwise specifically provided herein, this chapter incorporates the
requirements and procedures set forth in Division 10 (commencing with Section 26000)
of the California Business and Professions Code. In the event of a conflict between the
provisions of this chapter and state statutes or regulations, State law controls.
127.04: Outdoor Cultivation
It is hereby declared to be unlawful, a public nuisance, and a violation of this
chapter for any person owning, leasing, occupying, or having charge or possession of
any parcel within any zoning district in the City to use or allow such premises to be used
for the outdoor cultivation of cannabis plants.
127.05: Permitted Use
A. Cannabis businesses shall only be permitted to operate in the city
following issuance of a Permit approved by the City Council or staff designee and a
business license issued by the City in accordance with the criteria and procedures set
forth in Chapter 127 of this code and in compliance with the Baldwin Park Municipal
Code. No land -use entitlement, permit (including building permit) approval, site plan,
certificate of occupancy, zoning clearance, or other land -use authorization for a medical
cannabis business shall be granted or permitted unless it complies with the provisions
of this chapter and the applicable building standards and the Baldwin Park Municipal
Code. If there is a conflict between the requirements of another chapter in the Code and
this chapter, the requirements of this Chapter 127 prevail.
B. All persons who are engaged in or who are attempting to engage in
commercial cannabis activity in any form shall do so only in strict compliance with the
terms, conditions, and restrictions of the MAUCRSA, regulations promulgated under
MAUCRSA, the provisions of this Chapter 127, and all other applicable state and local
laws.
C. The Chief Executive Officer is authorized to make policies and procedures
consistent with the intent and spirit of this chapter concerning the applications, the
application process, the information required of applicants, the application procedures,
and the administration and procedures to be used and followed in the application and
process.
127.06: Development Agreement Required
Prior to operating in the City and as a condition of issuance of a Permit, the
applicant shall enter into a development agreement with the City setting forth the terms
and conditions under which the facility will operate that is in addition to the requirements
Ordinance No. 1408
Paqe 8
of this chapter, including, but not limited to, public outreach and education, community
service, payment of fees and other charges as mutually agreed upon, approval of
architectural plans (including site plan, floor plan, and elevation, to conform with
manufacturing uses under the Baldwin Park Municipal Code), and such other terms and
conditions that will protect and promote the public health, safety, and welfare of all
persons in the City.
127.07: Permitted Zones: Distance and Other Conditions for Approval
No more than 25 (twenty-five) Licensed Premises for each permitted use may be
allowed, maintained, or operated in the City at any time. If there is a conflict between
the requirements of this chapter and any other chapter, the requirements of this chapter
shall -prevail.
A. Manufacturing Site.
1. No manufacturing shall be located within 600 feet of a school,
day-care center, or youth center or within 50 feet of a residential zone.
2. Subject to the distance and other requirements of this chapter and
the Code, a licensed premises may only be located on a property within the Industrial (1)
and Industrial -Commercial (I -C) zones, and following the application for and granting of
a development agreement by the city council and a business permit in accordance with
this chapter. The proposed use shall comply with the minimum requirements set forth in
this chapter for distance separations between manufacturing sites and other specific
land uses.
3. All manufacturing of cannabis shall occur in an enclosed structure.
4. . Licensed sites shall not exceed the 22,000 square feet authorized
pursuant to the controlling development agreement.
5. From a public right-of-way, there should be no exterior evidence of
the manufacturing of cannabis or manufactured cannabis except for any signage
authorized by this Code.
6. All licensed sites shall comply with the city's lighting standards
including, without limitation, fixture type, wattage, illumination levels, and shielding and
secure the necessary approvals and permits as needed.
7. All windows on the licensed premises of the manufacturing site
shall be appropriately secured and all cannabis securely stored.
8. A licensed site, all operations conducted therein, and all equipment
used must be in compliance with all applicable state and local laws, including all
building, electrical, and fire codes.
Ordinance No. 1408
Page 9
9. If hazardous materials, flammable gas, flammable liquefied gas,
flammable and combustible liquids, or other flammable material, as those terms are
defined in CFC Section 202, are to be used in the processing of medical cannabis or
adult use, then the provisions of CFC Section 407 shall be applicable where hazardous
materials subject to permits under CFC Section 50 (Hazardous Materials) are located
on the licensed premises.
10. Storage, use, and handling of compressed gases in compressed
gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53.
Partially full compressed gas containers, cylinders or tanks containing residual gases
shall be considered as full for the purposes of the controls required. Compressed gases
classified as hazardous materials shall also comply with CFC Chapter 50 for general
requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter
58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC
Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC
Chapter 64 (Pyrophoric Materials). A manufacturer shall prevent, control and mitigate
dangerous conditions related to storage, use, dispensing, mixing and handling of
flammable and combustible liquids shall be in accordance with CFC Chapters 50 and
57.
11. Licensed sites are permitted under this chapter under a Group F-1
(Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. All new
construction shall be fire sprinkled per the Fire Code. For manufacturing sites that will
be sited in an existing structure, an automatic sprinkler system shall be provided
throughout all buildings containing a Group F-1 occupancy where one of the following
conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories
above grade plane.
C. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 22,000 square feet.
12. Suitability of the proposed property. Proposed property possesses
air scrubbers or a filtration system capable of eliminating odors from escaping the
building or commitment to do so before operating.
B. Cultivation Sites.
1. No cultivation site shall be located within 600 feet of a school, day-
care center, park, or youth center, or within 50 feet of a residential zone.
2. Subject to the distance and other requirements of this chapter and
the Code, a cultivation site may only be located on a property within the Industrial (1)
and Industrial -Commercial (I -C) zones, and following the application for and granting of
a development agreement by the city council and a business permit in accordance with
Ordinance No. 1408
Paae 10
this chapter. The proposed use will comply with the minimum requirements set forth in
this chapter for distance separations between manufacturing sites and other specific
land uses.
3. All cultivation of cannabis shall occur in an enclosed locked
structure.
4. Cultivation sites shall not exceed the 22,000 square feet authorized
pursuant to the permit.
5. From a public right-of-way, there should be no exterior evidence of
the cultivation of medical and adult use cannabis except for any signage authorized by
this chapter.
6. All cultivation sites shall comply with the city's lighting standards
including, without limitation, fixture type, wattage, illumination levels, and shielding and
secure the necessary approvals and permits as needed.
7. All windows on the licensed premises of a cultivation site shall be
appropriately secured and all cannabis securely stored.
8. Areas where cannabis is cultivated are wet locations, and the
electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of
the National Electric Code, City and California building codes, fire codes, electrical
codes, and all other applicable laws.
9. Cultivation sites are under a Group F-1 (Factory Industrial
Moderate -Hazard) Occupancy under the Fire Code. All new construction is required to
be fire sprinkled under the Fire Code. For cultivation sites that will be sited in an existing
structure, an automatic sprinkler system shall be provided throughout all buildings
containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than 3 stories above
grade plane.
C. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 22,000 square feet.
10. In addition to a Manufacturing or Cultivation permit, a cannabis
business applicant may apply for another use as permitted by MAUCRSA, a
development agreement approved by City council, this chapter, and any rules adopted
pursuant thereto.
11. Suitability of the proposed property. Proposed property possesses
air scrubbers or a filtration system capable of eliminating odors from escaping the
building or commitment to do so before operationg.
Ordinance No. 1408
Paqe 11
C. Distribution of Cannabis. A cannabis distribution Licensee may carry or
move cannabis within the city in accordance with MAUCRSA and State regulations.
D. Nonconforming Use. Any cannabis business or cannabis dispensary
established or operating in the city in violation of this Chapter or the ban established by
Part 10, of Chapter 153 Section 153.120.320 of the Baldwin Park Zoning Code, shall
not be considered a lawful or permitted nonconforming use, and no cannabis business
operating unlawfully is eligible for a cannabis business permit. Further, any such
unlawfully established cannabis business shall constitute a public nuisance subject to
abatement by the City, pursuant to Chapter 95, Section 95.09.
E. Distances. All distances specified in this section shall be measured in the
following manner:
1. For schools, day-care centers, parks, or youth centers, the distance
shall be measured in a straight line from the subject building to the closest building on
the lot on which the cannabis business is to be located without regard to intervening
structures.
2. For determining distance to residential zones, the distance shall be
measured in a straight line from the subject building to the closest building on the lot on
which the cannabis business is to be located without regard to intervening structures.
F. Factors Considered for Permit Approval. Approval of a permit shall
take into account the safety of the public, including, but not limited to, the following
factors:
1. Suitability of the proposed property;
2. Suitability of security plan;
3. Suitability of business plan and financial record keeping;
4. Criminal history;
5. Regulatory compliance history;
6. Good legal standing;
7. Community engagement;
8. Environmental impact; and
9. Labor relations.
127.08: No Transfer or Change in Ownership or Location.
An owner of a cannabis business who obtains a permit under this chapter may
not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her
Ordinance No. 1408
Paqe 12
ownership interest in the medical cannabis business covered by any permit issued
under this chapter.
127.09: Changing, Altering, or Modifying Licensed Premises
A. Persons permitted pursuant to the provisions of this chapter or those
making application for such permits, must demonstrate proof of lawful possession of the
Licensed Premises. Evidence of lawful possession consists of properly executed deeds
of trust, leases, or other written documents.
B. The Licensed Premises shall only be the geographical area that is
specifically and accurately described in executed documents verifying lawful
possession. No Licensee is authorized to relocate to other areas or units within a
building structure without first filing a change of location application and obtaining
approval from the city council, regardless of any possessory interest or right to
possession to such additional space. No Licensee shall add additional units or areas,
thereby altering the initially approved premises, without filing an application to modify
the Licensed Premises on forms prepared by the Chief Executive Officer and paying
any applicable processing fees.
C. Subletting Not Authorized. No Licensee is authorized to sublet any
portion of any Licensed Premises for any purpose, unless all necessary forms and
application to modify the existing location to accomplish any subletting have been
approved by the city council.
D. Application Required to Alter or Modify Licensed Premises. After
issuance of a permit, the licensee shall not make any physical change, alteration, or
modification of the Licensed Premises that materially or substantially alters the
premises, production estimates, or the usage of the premises from the plans originally
approved with the development agreement, without the prior written approval of the city
council or its designee. The Licensee whose premises are to be materially or
substantially changed is responsible for filing an application for approval on current
forms provided by the City.
E. What Constitutes a Material Change. Material or substantial changes,
alterations, or modifications requiring approval include, but are not limited to, the
following:
1. Any increase or decrease in the total physical size or capacity of
the location;
2. The sealing off, creation of, or relocation of a common entryway,
doorway, passage, or other such means of public ingress and/or egress, when such
common entryway, doorway, or passage alters or changes limited access areas, such
as the cultivation within the Licensed Premises;
Ordinance No. 1408
Page 13
3. The installation or replacement of electric fixtures or equipment, the
lowering of a ceiling, or electrical modifications made for the purpose of increasing
power usage to enhance cultivation activities.
F. Application. The city council or its designee may grant approval for the
types of changes, alterations, or modifications described herein upon the filing of an
application by the Licensee and payment of any applicable fee. The Licensee must
submit all information requested by the city council or its designee including but not
limited to documents that verify the following:
1. The Licensee will continue to have exclusive possession of the
premises, as changed, by ownership, lease, or rental agreement, and sole control of all
production; and
2. The proposed change conforms to any and all City restrictions
related to the time, manner, and place of regulation of the commercial cannabis activity.
127.10: Grounds for Denial of Permit: Additional Conditions Imposed
A. The Chief Executive Officer or designee may reject an application upon
making any of the following findings:
1. The applicant made one or more false or misleading statements or
omissions on the registration application or during the application process;
2. The applicant's business entity, if applicable, is not properly
organized in strict compliance pursuant to the applicable law, rules, and regulations;
3. The applicant fails to meet the requirements of this chapter or any
regulation adopted pursuant to this chapter;
4. The applicant's facility or its location is in violation of any building,
zoning, health, safety, or other provision of this Code, or of any state or local law or the
facility or its location is not permitted in the proposed area, or the issuing or continuation
of a permit would be contrary to the public health, welfare, safety, or morals;
5. The applicant, or any of its officers, directors, owners, managers, or
employees is under twenty-one (21) years of age;
6. The applicant, or any of its officers, directors, or owners, or any
person who is managing or is otherwise responsible for the activities of the Licensed
Premise, or any employee who participates in the dispensing, cultivation, processing,
manufacturing, delivery, or transporting of medical marijuana or who participates in the
daily operations of the medical and adult use marijuana facility, has been convicted of a
violent felony, a felony, or misdemeanor involving fraud, deceit, embezzlement, or moral
turpitude;
Ordinance No. 1408
Page 14
7. The applicant or any of its officers, directors, owners, or managers
is a licensed physician making patient recommendations for cannabis;
8. The applicant or any of its officers, directors, owners, or managers
has been sanctioned by the City, the State of California, or any county for unregistered
medical cannabis activities or has had a registration revoked under this chapter in the
three prior (3) years;
9. The applicant did not pay to the City the required application and
processing fees;
10. Good cause exists to deny the application, as defined in this
chapter.
11. Applicant's application does not reflect the purpose of this chapter,
to promote the health, safety, morals, and general welfare of residents and businesses
within the City.
127.11: Security
A. General Security Requirements
1. Security cameras shall be installed and maintained in good working
condition, and used in an on-going manner with at least 240 continuous hours of
digitally recorded documentation in a format approved by the Chief of Police and/or his
designee. The cameras shall be in use 24 hours per day, 7 days per week. The areas to
be covered by the security cameras include, but are not limited to, the storage areas,
manufacturing or cultivation areas, all doors and windows, and any other areas as
determined by the Chief of Police and/or his designee.
2. Entrances to any storage areas shall be locked at all times and
under the control of Licensee's staff.
3. The business entrance(s) and all window areas shall be illuminated
during evening hours. The applicant shall comply with the City's lighting standards
regarding fixture type, wattage, illumination levels, shielding, etc., and secure the
necessary approvals and permits as needed.
4. All windows on the Licensee's building shall be unopenable or
locked and all product securely stored.
5. Each Licensee shall implement a system to track the cultivation and
manufacturing of cannabis in order to prevent the Licensee from diverting or
transporting cannabis to any location not authorized by state laws or any local law.
6. All waste and disposal containers shall be stored in a secure area
and be under the control of the Licensee's staff.
Ordinance No. 1408
Paae 15
B. Security Alarm Systems - Minimum Requirements
1. Each Licensed Premises shall have a Security Alarm. System,
installed by a licensed alarm company, that alerts the alarm monitoring company on all
premises entry points and windows.
2. Each Licensed Premises must be continuously monitored by an
alarm monitoring company.
3. The Licensed Premises shall maintain up-to-date records and
existing contracts on the premises that describe the location and operation of each
security alarm system, a schematic of security zones, the name of the licensed alarm
company, and the name of any vendor monitoring the premises.
4. Upon request, each Licensee shall make available to the Chief
Executive Officer or any state or local law enforcement agency, for a purpose
authorized by this chapter or state or local law enforcement purpose, all information
related to security alarm systems, recordings, monitoring, and alarm activity.
C. Lock Standards -Minimum Requirement. On all doors, the 'Licensee
shall ensure the use of commercial -grade, nonresidential door locks.
D. Video Surveillance Requirements:
1. Prior to exercising the privileges of a permit under this chapter, an
applicant must install fully operational video surveillance and camera recording system.
The recording system must record in digital format and meet the requirements outlined
in this Section.
2. All video surveillance records must be stored in a secure area that
is only accessible to the management staff of the Licensed Premises.
3. Video surveillance records and all recordings must be made
available upon request to the Chief of Police or any other state or local law enforcement
agency for a purpose authorized by this chapter or for any other state or local law
enforcement purpose.
4. Video surveillance records shall be held in confidence by all
employees and representatives of the Chief Executive Officer, except that the Chief of
Police or his designee may provide such records and recordings to a state or local law
enforcement agency for a purpose authorized by this Chapter or for a state or local law
enforcement purpose.
5. A sign shall be posted in a conspicuous place near each point of
public access that shall be not less than 12 inches wide and 12 inches high, composed
of letters not less than one inch in height, stating "All Activities Monitored by Video
Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all
persons entering the Licensed Premises that a video surveillance and camera recording
Ordinance No. 1408
Paae 16
system is in operation at the Licensed Premises and recording all activity as provided in
this Chapter.
6. The Licensed Premises should use video surveillance equipment
and a camera system that can be accessed remotely 24 hours a day by the Baldwin
Park Police Department and the City, as specified in each development agreement.
E. Video Surveillance Equipment
1. Video surveillance equipment shall, at a minimum, consist of digital
or video recorders, cameras capable of meeting the recording requirements described
in this section, video monitors, digital archiving devices, and a color printer capable of
delivering still photos.
2. All video surveillance systems must be equipped with a failure
notification system that provides prompt notification to the Licensed Premises of any
prolonged surveillance interruption or the complete failure of the surveillance system.
3. Licensed Premises are responsible for ensuring that all surveillance
equipment is properly functioning and maintained so that the playback quality is suitable
for viewing and the surveillance equipment is capable of capturing the identity of all
individuals and activities in the monitored areas.
4. All video surveillance equipment shall have sufficient battery
backup to support a minimum of 4 hours of recording in the event of a power outage.
F. Placement of Cameras and Required Camera Coverage
1. Camera placement shall be capable of identifying activity occurring
within 20 feet of all points of ingress and egress and shall allow for the clear and certain
identification of any individual and activities on the Licensed Premises.
2. All entrances and exits to the facility shall be recorded from both
indoor and outdoor vantage points.
3. The system shall be capable of recording all pre -determined
surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis
cultivation area, a rotating schedule of lighted conditions and zero -illumination can occur
as long as ingress and egress points to those areas remain constantly illuminated for
recording purposes.
4. Areas in which cannabis is grown, tested, cured, manufactured, or
stored shall have camera placement in the room facing the primary entry door at a
height that provides a clear, unobstructed view of activity without sight blockage from
lighting hoods, fixtures, or other equipment.
5. Cameras shall also be placed at each location where weighing,
packaging, transport, preparation, or tagging activities occur.
Ordinance No. 1408
Paae 17
6. At least one camera must be dedicated to record the access points
to the secured surveillance recording area.
G. Location and Maintenance of Surveillance Equipment
1. Surveillance recording equipment must be housed in a designated
locked and secured room or other enclosure with access limited to authorized
employees, agents of the Chief Executive Officer, state or local law enforcement
agencies for a purpose authorized by this chapter or for any other state or local law
enforcement purpose, and service personnel or contractors.
2. The Licensee must keep a current list of all authorized employees
and service Personnel who have access to the surveillance system and/or room on the
Licensed Premises. Licensed Premises must keep a surveillance equipment
maintenance activity log on the Licensed Premises to record all service activity, with the
identity of the individual(s) performing the service, the service date and time, and the
reason for service to the surveillance system.
3. Off-site monitoring and video recording storage of the "Licensed
Premises or by an independent third -party is authorized as long as standards exercised
at the remote location meet or exceed all standards for on-site monitoring.
4. Each Licensed Premises located in a shared building must have a
separate surveillance room/area that is dedicated to that specific Licensed Premises. All
minimum requirements for equipment and security standards as set forth in the section
apply to the review station.
H. Video Recording and Retention Requirements
1. All camera views of all recorded areas must be continuously
recorded 24 hours a day.
2. All surveillance recordings must be kept for a minimum of 90 days
and be in a format that can be easily accessed for viewing on premises. Video
recordings must be archived in a format that ensures authentication of the recording as
legitimately -captured video and guarantees that no alteration of the recorded image has
taken place.
3. The surveillance system or equipment must have the capabilities to
produce a color still photograph from any camera image, live or recorded.
4. The date and time must be embedded on all surveillance
recordings without significantly obscuring the picture.
5. Time is to be measured in Pacific Standard Time in accordance
with the U.S. National Institute of Standards and Technology.
Ordinance No. 1408
Paqe 18
6. After the 90 -day surveillance video retention schedule has lapsed,
surveillance video recordings must be erased or destroyed prior to being discarded or
disposed of for any other purpose. Surveillance video recordings may not be destroyed
if the Licensed Premises knows or should have known of a pending criminal, civil, or
administrative investigation or any other proceeding for which the recording may contain
relevant information.
Other Records
All records applicable to the surveillance system and cannabis tracking system
shall be maintained on the Licensed Premises. At a minimum, Licensed Premises shall
maintain a map of the camera locations, direction of coverage, camera numbers,
surveillance equipment maintenance activity log, user authorization list, and operating
instructions for the surveillance equipment.
J. Suitability of Security Plan
The Applicant's security plan includes the presence of security personnel on
premises or patrolling the premises twenty-four (24) hours per day.
127.12: Fees and Charges.
A. Prior to operating in the City, the operator of each Licensed Premises shall
timely and fully pay all fees associated with the establishment of that business. The fees
shall be as set forth in the schedule of fees and charges established by resolution of the
city council, including, but not limited to, the following:
1. Application fee for accepting a registration application, due and
payable in full at the time an application is submitted;
2. Processing fee for the cost to the city of processing an application
and reviewing, investigating, and scoring each application in accordance with any
evaluation system to determine eligibility for issuance of a Permit, due and payable in
full at the time a registration application is submitted;
3. Permit issuance fee for the cost to the City of preparing a
development agreement, city council review and approval of the development
agreement and the Permit, and preparation and issuance of the Permit as authorized by
the city council, due and payable in full at the time the city issues a Permit;
4. Amended registration fee for the cost to the city of reviewing
amendments or changes to the registration form previously filed on behalf of the
Licensed Premises; due and payable in full at the time amendments or changes to any
Permit form is submitted to the city;
5. Permit renewal fee for the cost to the city of processing an
application to renew a Permit; due and payable in full at the time application is made to
renew a Permit;
Ordinance No. 1408
Paae 19
6. Any fees for inspection or investigation that are not included within
the other fees associated with registration, due and payable in full upon request of the
city; and
7. Any fees set forth in the applicable development agreement.
127.13: Limitations on City's liability
A. To the fullest extent permitted by law, the City does not assume any
liability whatsoever, with respect to approving any permit pursuant to this chapter or the
operation of any cannabis facility approved under to this chapter.
B. As a condition of approval of a permit as provided in this chapter, the
applicant or its legal representative shall do the following:
1. Execute an agreement indemnifying the City from any claims,
damages, injuries, or liabilities of any kind associated with the registration or operation
of the cannabis facility or the prosecution of the cannabis facility or its owners,
managers, directors, officers, employees, or its qualified patients or primary caregivers
or customers for violation of federal or state laws;
2. Maintain insurance in the amounts and of the types that are
acceptable to the City Council or designee;
3. Name the City as an additional insured on all City -required
insurance policies;
4. Agree to defend, at its sole expense, any action against the City, its
agents, officers, and employees related to the approval of the Licensee's regulatory
permit; and
5. Agree to reimburse the City for any court costs and attorney fees
that the city may be required to pay as a result of any legal challenge related to the
city's approval of the Licensee's regulatory permit. The City may, at its sole discretion,
participate at its own expense in the defense of any such action, but such participation
shall not relieve the operator of its obligation hereunder.
127.14. Inspections
A. The Chief Executive Officer, law enforcement, or their designees shall
have the right to enter all Licensed Premises from time to time unannounced during the
facility's hours of operation for the purpose of making reasonable inspections to observe
and enforce compliance with this chapter, to inspect and copy records required to be
maintained under this chapter, or to inspect, view, and copy recordings made by
security cameras, all without requirement for a search warrant, subpoena, or court
order, and subject to appropriate fees as specified in the development agreement.
Ordinance No. 1408
Paae 20
. B. Operation of a Licensed Premises in noncompliance with any conditions of
approval or the provisions of this chapter shall constitute a violation of the Code and
shall be enforced pursuant to the provisions of this Code.
C. The Chief Executive Officer or designee may summarily suspend or
revoke a Permit, or disqualify an applicant from the registration process, or elect not to
renew a regulatory permit if any of the following, singularly or in combination, occurs:
1. The Chief Executive Officer or designee determines that the
cannabis facility has failed to comply with any requirement of this chapter or the
approved development agreement or any condition of approval or a circumstance or a
situation has been created that would have permitted the Chief Executive Officer or
designee to deny the regulatory permit under this chapter or elect not to renew or
revoke the permit under this chapter;
2. The Licensee or applicant has conducted itself or is being
conducted in a manner that creates or results in a public nuisance;
3. The Licensee Premises ceased operations for more than 90
calendar days, including during change -of -ownership proceedings;
4. Ownership is changed without the new owners applying for and
securing a new permit under this chapter;
5. The Licensee relocates to a different location or premises; or
6. The Licensee fails to allow inspection or copying of the security
recordings or, the activity logs or records required to be kept under this chapter or
denies entry to the premises to city officials authorized to inspect the premises.
D. Abatement
The City shall initiate abatement proceedings as authorized by the Code if
necessary to correct any violation of this chapter or Code.
E. Violation Deemed Misdemeanor: Penalty
Any person violating any of the provisions of this chapter or any applicable rule in
this chapter or Code shall be guilty of a misdemeanor, and upon conviction thereof shall
be punishable by the maximum penalties provided for in the Penal Code section 19.
127.15: Public Nuisance Prohibited
It is hereby declared to be unlawful and a public nuisance for any person owning,
leasing, occupying, or having charge of any parcel within the City to create a public
nuisance in the course of cultivating cannabis or any part thereof in any location, indoor
or outdoor. A public nuisance may be deemed to exist if such activity produces one or
more of the following:
Ordinance No. 1408
Paae 21
A. Odors which are disturbing to people of reasonable sensitivity or present
on adjacent or nearby property or areas open to the public.
B. Repeated responses to the Premises by law enforcement personnel.
C. A repeated disruption to the free passage of persons or vehicles in the
neighborhood, excessive noise which is disturbing to people of normal sensitivity on
adjacent or nearby property or areas open to the public.
D. Any other impacts on the neighborhood that are disruptive of normal
activity in the area including, but not limited to, grow lighting visible outside the dwelling,
excessive vehicular traffic or parking occurring at or near dwelling, and excessive noise
emanating from the dwelling.
E. Outdoor growing and cultivation of cannabis.
127.16: Appeals
Any decision regarding or pertaining to the permit process set forth in this
chapter, or any action taken by the Chief Executive Officer or designee pursuant hereto,
may be appealed to the city council. Such appeal shall be taken by filing with the city
clerk, within ten (10) days after notice of the action or decision complained of has been
issued, a written statement setting forth the grounds for the appeal. The city clerk shall
transmit the written statement to the city council, and at its next regular meeting, the
council shall set a time and place for a hearing on the appeal. Notice of the time and
place of such hearing shall be mailed to the appellant. The decision of the city council
on such appeal shall be final and binding on all parties concerned.
127.17: Statewide Regulation.
This chapter, and the provisions herein, shall be read consistent with any
statewide regulation of cannabis now and in the future.. This ordinance shall govern the
conduct of a business allowed to operate a commercial cannabis activity in the City.
127.18: Interpretation.
The provisions of this chapter shall be read to be consistent with State laws, this
chapter, and this Code. At no time shall a commercial cannabis business in compliance
with state law and this Code be deemed to be an unlawful business.
127.19: Severability.
Should any provision of this chapter, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this chapter or the application of this chapter to any other person or
circumstance, and the provisions of this chapter are severable.
Ordinance No. 1408
. Paae 22
SECTION 2. Except as expressly modified pursuant to this Ordinance, all other
provisions of the Municipal Code, except where expressly modified by ordinance, shall
remain unmodified and in full force and effect. All ordinances in conflict with the
provisions hereof are superseded to the extent of such conflict.
SECTION 3. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion or the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. This Ordinance shall be effective thirty days after final adoption.
PASSED AND APPROVED ON THE day of , 2018.
MANUEL LOZANO, MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:.
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing Ordinance No. 1408 was adopted at a regular meeting of the City Council
held , 20 by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ALEJANDRA AVILA,
CITY CLERK
SUMMARY
This report requests City Council consideration of clean-up/consistency edits to the zoning map and
general plan land use policy map for properties with specific plans that have previously been approved by
the City Council.
FISCAL IMPACT
There is no fiscal impact associated with this item.
RECOMMENDATION
Staff and the Planning Commission recommend the City Council open the public hearing and following
the public hearing:
(1) Adopt City Council Resolution 2018-230 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ADOPTING THE FINDINGS OF FACT AND APPROVING
GENERAL PLAN LAND USE AMENDMENTS TO ACHIEVE
CONSISTENCY (LOCATION: SP 13-01, SP 14-01, SP 15-01, AND
SP 16-01; APPLICANT: CITY OF BALDWIN PARK; CASE
NUMBER: AGP-119)"
(2) Introduce for first reading, by title only and waive further reading,
Ordinance 1409, entitled, AN ORDINANCE OF CITY COUNCIL OF
THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF
FACT AND APPROVING ZONING DESIGNATIONS ON
PROPERTIES WITHIN SPECIFIC PLAN AREAS WHICH ARE
CONSISTENCY EDITS THAT HAVE BEEN PREVIOUSLY
APPROVED BY THE CITY COUNCIL (LOCATIONS: PLAN 13-01
(ROEM PROJECT—RAMONA BLVD./BOGART ST.), SPECIFIC
14
ITEM NO.
STAFF REPORT
TO:
Honorable Mayor and City Councilmembers
F1 U o "'
rFROM:
4�'
Gustavo Romo, Director of Commoliat :l
0
Amy L. Harbin, AICP, City I'll a c
" ` `
DATE:
fj r' ,
.�.rA .d
March 21, 2018
SUBJECT:
A REQUEST FOR CONSIDERATION OF A
RECOMMENDATION OF APPROVAL BY THE PLANNING
COMMISSION TO THE CITY COUNCIL ON MULTIPLE
ZONING AND GENERAL PLAN LAND USE CHANGES
WHICH WOULD ACHIEVE CONSISTENCY BETWEEN THE
GENERAL PLAN LAND USE MAP AND ZONING MAP FOR
SPECIFIC PLAN 13-01 (ROEM PROJECT—RAMONA
BLVD./BOGART ST.), SPECIFIC PLAN 14-01 (INDIGO
PROJECT—BALDWIN PARK BLVD/. MERCED AVE.), SP 15-
01 (DOWNTOWN TRANSIT ORIENTED SPECIFIC PLAN)
AND SPECIFIC PLAN 16-01 (PACIFIC VILLAS—PACIFIC
AVE.) (LOCATION: VARIOUS; CASE NUMBERS: AGP-119
AND Z-556).
SUMMARY
This report requests City Council consideration of clean-up/consistency edits to the zoning map and
general plan land use policy map for properties with specific plans that have previously been approved by
the City Council.
FISCAL IMPACT
There is no fiscal impact associated with this item.
RECOMMENDATION
Staff and the Planning Commission recommend the City Council open the public hearing and following
the public hearing:
(1) Adopt City Council Resolution 2018-230 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ADOPTING THE FINDINGS OF FACT AND APPROVING
GENERAL PLAN LAND USE AMENDMENTS TO ACHIEVE
CONSISTENCY (LOCATION: SP 13-01, SP 14-01, SP 15-01, AND
SP 16-01; APPLICANT: CITY OF BALDWIN PARK; CASE
NUMBER: AGP-119)"
(2) Introduce for first reading, by title only and waive further reading,
Ordinance 1409, entitled, AN ORDINANCE OF CITY COUNCIL OF
THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF
FACT AND APPROVING ZONING DESIGNATIONS ON
PROPERTIES WITHIN SPECIFIC PLAN AREAS WHICH ARE
CONSISTENCY EDITS THAT HAVE BEEN PREVIOUSLY
APPROVED BY THE CITY COUNCIL (LOCATIONS: PLAN 13-01
(ROEM PROJECT—RAMONA BLVD./BOGART ST.), SPECIFIC
AGP-119 & Z-556
March 21, 2018
Page 2
PLAN 14-01 (INDIGO PROJECTBALDWIN PARK BLVD/.
MERCED AVE.), SP 15-01 (DOWNTOWN TRANSIT ORIENTED
SPECIFIC PLAN) AND SPECIFIC PLAN 16-01 (PACIFIC VILLAS
PACIFIC AVE.); APPLICANT CITY OF BALDWIN PARK; CASE
NUMBER Z-556)
BACKGROUND
CEOA„ AND NOTICING
The proposed activities are clean-up changes to properties with projects that have already been subject to
CEQA review and are either under construction or already constructed. The proposed actions are exempt
from CEQA pursuant to CEQA Guidelines Section 15061.b.3 in that it can be seen with certainty that
they have no possibility of having a significant effect on the environment since they are implementing
actions already taken.
A Notice of Public Hearing by the City Council for the item was posted at City Hall, Esther Snyder
Community Center, and Barnes Park on March 1, 2018.
DISCUSSION
City staff periodically prepares updates to the Zoning Map and General Plan Land Use Policy Map to
correct map errors and ensure consistency with the General Plan, Specific Plans, and other policy
documents. In recent years, four Specific Plans were adopted. The proposed zone changes and General
Plan land use designation changes would provide consistency with these adopted Specific Plans. It is
important to note that all zoning and General Plan land use changes indicated in this staff report are not
new actions. The changes indicated are clean-up map edits to properties with previously adopted specific
plans for which CEQA review was already completed, and which are largely either under construction or
already constructed.
The properties and their locations are listed in Attachment #1 (List Identifying Properties with proposed
Zone Changes and/or General Plan Amendments under the identified Specific Plans) and Attachment #2
(Map Identifying Properties with proposed Zone Changes and/or General Plan Amendments under the
identified Specific Plans). The proposed Zoning Map and General Plan Land Use Map (citywide) are
included as Attachments #3 and #4, respectively.
Downtown TOD Specific Plan
The Downtown TOD Specific Plan was adopted by the City Council on February 17, 2016 with the
purpose of bringing revitalizing activities to the Downtown and improving access to all modes of
transportation. A zone change would be applied to 24 parcels and a General Plan designation change
would apply to 36 parcels to achieve consistency with the new Downtown TOD Specific Plan (see
Attachment 41 for the listing of parcels and Attachment #2 for the map of parcels with proposed changes).
1 �Nrc..l'lag 13-01 _(1Zaiiiosia/Bogar1).I
Located within the Downtown TOD Specific Plan area, Specific Plan 13-01 is generally bounded by
Maine Avenue/Pacific Avenue to the west, Ramona Boulevard to the north, and Bogart Avenue to the east
and south (see Attachment #2). The Specific Plan was adopted by the City Council on February 26, 2014
to facilitate the development of a transit -oriented, mixed use, affordable, multi -family project. Two
parcels within the specific plan area would receive zone changes and three parcels would receive a
C:V4aiy\AM AVVOI:�l::))R aporl5ACoi,iruciI RcylSerrWFaR. P 119 arid Z-556 doc;
AGP-119 & Z-556
March 21, 2018
Page 3
General Plan designation change to achieve consistency with the Specific Plan 13-01 (see Attachment #1
for the listing of parcels and Attachment #2 for the map).
Specific Plan 14-01 (Baldwin Park/Merced) I�ndigg),
The Specific Plan (SP 14-01) is located on the northwest corner of Baldwin Park Boulevard and Merced
Avenue, generally bounded by Kenmore Avenue to the west, Frazier Street and Merced Avenue to the
north, Merced Avenue and Baldwin Park Boulevard to the east, and Baldwin Park Boulevard to the south
(see Attachment #2). The Specific Plan was adopted by the City Council on March 4, 2015. Adoption
included approval of an amendment to an existing Specific Plan (SP 06-01) to facilitate the development
of a 51 -unit single-family detached gated condominium project. Parcels within this specific plan would be
re -zoned for Multi -Family Residential (R3) and would receive a General Plan land use amendment
change to Multi -Family Residential (MFR), to achieve consistency with Specific Plan 14-01 (see
Attachment #1 for the listing of parcels and Attachment #2 for the map).
,S Xcific Plan 16-01�, (i lic 11q'IL cwt
The Specific Plan (SP 16-01) is located along Pacific Avenue between Big Dalton and Puente Avenues
(see Attachment #2). The Specific Plan was adopted by the City Council on December 21, 2016 to
facilitate a 47 -unit detached gated condominium project. The parcels that make up the Specific Plan
would receive zone changes and General Plan land use designation changes to achieve consistency with
Specific Plan 16-01 (see Attachment #1 for the listing of parcels and Attachment #2 for the map).
PLANNING COMMISSION ACTION
This item was heard by the Planning Commission at their February 28, 2018 meeting. No one spoke
during the public hearing on the item. Ultimately the Planning Commission voted 5-0 recommending that
the City Council adopt the General Plan Land Use and Zoning consistency changes.
FINDINGS OF FACT — ZONE CHANGE
1) The zoning map amendments are consistent with the goals, policies, and objectives of the General
Plan.
The zone changes would be consistent with the goals, policies, and objectives of the General
Plan in that it would implement the Specific Plans for the Downtown TOD Specific Plan,
Specific Plan 13-01 (Ramona/Bogart), Specific Plan 14-01 (Baldwin Park/Merced), and
Specific Plan 16-01 (Pacific Project). The zone changes for the identified properties
implements two General Plan goals: Goal 1.0 of the Land Use Element states that that the
City should maintain a balanced mix and distributions of land uses throughout Baldwin Park.
Goal 2.0 of the Land Use Element directs the City to accommodate new development that is
compatible with and complements existing conforming land uses. The amendments
furthermore provide consistency between the zoning map and the General Plan land use map.
2) The amendment would not adversely affect surrounding properties.
The zone changes would not adversely affect surrounding properties as the affected
properties are included in specific plans that have previously established comprehensive
plans for development of residential uses (Specific Plan 14-01 (Baldwin Park/Merced), and
Specific Plan 16-01 (Pacific Project)) and commercial and mixed uses (Downtown TOD
Specific Plan and Specific Plan 13-01 (Ramona/Bogart)). Development of the identified
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AGP-119 & Z-556
March 21, 2018
Page 4
properties would complement and enhance adjacent residential, commercial, and mixed-use
areas.
3) The amendment promotes public health, safety, and general welfare.
The zone changes would promote the public health, safety, and general welfare of affected
properties by implementing Specific Plans that were previously reviewed and adopted.
4) The amendment serves the goals and purposes of the zoning code.
The zone changes serve the goals and purpose of the zoning code by providing for the
orderly and compatible development of new uses that will enhance the character of the
community while creating additional housing, commercial, and mixed-use development
options.
FINDINGS OF FACT — GENERAL PLAN AMENDMENT
1) The amendment is consistent with the goals, policies, and objectives of the General Plan.
The General Plan amendments are consistent with the goals, policies, and objectives of the
General Plan in that they would avoid creating a General Plan/zoning inconsistency with the
identified specific plan areas, satisfying in particular Policy 3.3 of the Housing Element,
which encourages consistency between the General Plan land use designation and zoning
classification.
2) The amendment would not adversely affect surrounding properties.
The General Plan amendments would not adversely affect surrounding properties as the
amendments will ensure consistency with zoning and the identified specific plans.
Development of the identified properties with the amended General Plan designation would
complement and enhance adjacent residential, commercial, and mixed-use areas and
implement Goal 2.0 of the Land Use Element, which directs the City to accommodate new
development that is compatible with and complements existing conforming land uses.
3) The amendment promotes public health, safety, and general welfare,.
The General Plan amendments promote public health, safety, and general welfare of adjacent
properties and the City as a whole by providing zoning/General Plan consistencies within the
specific plan areas and ensuring the orderly development of the identified parcels and
specific plans. Approval of the General Plan amendments will not create conditions
detrimental to public health, safety, and general welfare in that the proposed amendments
will not result in any changed conditions as the amendments are clean-up/consistency edits to
properties with projects that have already had CEQA review and are generally either under
construction or already constructed.
4) The amendment serves the goals and purposes of the zoning code.
C:4Arnry\ANS`d WVOfiD\V epod4:sl(',c)uirKan I IRe;p¢artatNGU:z...1119 and d:-556 doc
AGP-119 & Z-556
March 21, 2018
Page 5
The General Plan amendments serves the goals and purpose of the zoning code in that they
provide for the orderly and compatible development of new uses that will enhance the
character of the community while creating additional housing and mixed-use development
options. Policy 3.3 of the Housing Element encourages consistency between the General Plan
land use designation and zoning classification.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNA'FI" ES
The City Council could elect not to approve these modifications and as a result approximately 100
parcels would not have consistent Zoning and/or General Plan land use designations.
ATTACHMENTS
#1, List Identifying Properties with proposed Zone Changes and/or General Plan Amendments under
the identified Specific Plans
#2, Map Identifying Properties with proposed Zone Changes and/or General Plan Amendments
under the identified Specific Plans
#3, Proposed Zoning Map
#4, Proposed General Plan Land Use Map
#5, City Council Resolution 2018-230
#6, City Council Ordinance 1409
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PROPOSED ZONE CHANGES AND/OR GENERAL
PLAN AMENDME(N"'I'S UNDERTHE IDENTIFIED
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PROPOSED GENERAL PLAN LAND USE MAP
Le ifil"MOOMMS
RESOLUTION 2018-230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING THE FINDINGS OF FACT
AND APPROVING GENERAL PLAN LAND USE
AMENDMENTS TO ACHIEVE CONSISTENCY
(LOCATION: SP 13-01, SP 14-01, SP 15-01, AND SP 16-
01; APPLICANT: CITY OF BALDWIN PARK; CASE NO.:
AGP-119)"
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park does hereby find,
determine, and declare as follows:
a) That an application ("Application") for a General Plan
Amendment, was submitted on behalf of the owners of certain real
property, located within the specific plan areas of SP 13-01, SP 14-01, SP
15-01, and SP 16-01 in the City of Baldwin Park, described more
particularly in the Application on file with the Planning Division; and
b) That the Application is requesting the required legislative and
administrative approvals necessary to allow the consistency with the
Specific Plans, SP 13-01, SP 14-01, SP 15-01 and SP 16-01 which are
either under construction or already constructed; and
C) That on February 28, 2018, a duly noticed public hearing was
held on the Application by the Planning Commission, at the conclusion of
which the Planning Commission recommended that the City Council
approve the amendments; and
d) That on March 21, 2018, a duly noticed public hearing was
held on the Application by the City Council; and
e) That each fact set forth in the staff report presented to the
City Council on March 21, 2018, is true and correct and accepted as a fact
by the City Council.
SECTION 2. Based upon information provided, the staff report presented to the
City Council regarding the Application, and the testimony received at the hearing, the
City Council hereby finds and determines:
a) The amendment is consistent with the goals, policies, and
objectives of the General Plan.
Resolution 2018-230
Paqe 2
The General Plan amendments are consistent with the goals, policies,
and objectives of the General Plan in that they would avoid creating a
General Plan/zoning inconsistency with the identified specific plan
areas, satisfying in particular Policy 3.3 of the Housing Element, which
encourages consistency between the General Plan land use
designation and zoning classification.
b) The amendment would not adversely affect surrounding
properties..
The General Plan amendments would not adversely affect surrounding
properties as the amendments will ensure consistency with the zoning
designation and standards in the identified specific plans. Development
of the identified properties with the amended General Plan designation
would complement and enhance adjacent residential, commercial, and
mixed use areas and implement Goal 2.0 of the Land Use Element,
which directs the City to accommodate new development that is
compatible with and complements existing conforming land uses.
c) The amendment promotes public health, safety, and general
welfare.
The General Plan amendments promote public health, safety, and
general welfare of adjacent properties and the City as a whole by
providing zoning/General Plan consistencies within the specific plan
areas and ensuring the orderly development of the identified parcels
and specific plans. Approval of the General Plan amendments will not
create conditions detrimental to public health, safety, and general
welfare in that the proposed amendments will not result in any changed
conditions as the amendments are clean-up changes to properties with
projects that have already had CEQA review and are generally either
under construction or already constructed.
d) The amendment serves the goals and purposes of the zoning
code.
The General Plan amendments serves the goals and purpose of the
zoning code in that they provide for the orderly and compatible
development of new uses that will enhance the character of the
community while creating additional housing and mixed use
development options. Policy 3.3 of the Housing Element encourages
consistency between the General Plan land use designation and zoning
classification.
SECTION 3. The proposed activities are clean-up changes to properties with
projects that have already been subject to CEQA review and are either under
Resolution 2018-230
Paae 3
construction or already constructed. The proposed actions are exempt from CEQA
pursuant to CEQA Guidelines Section 15061.b.3 in that it can be seen with certainty
that they have no possibility of having a significant effect on the environment since they
are implementing actions already taken.
SECTION 4. Based upon the findings set forth above, and its legislative
discretion, the City Council hereby finds and determines that the General Plan Land
Use Changes pursuant to Attachment A of this Resolution shall be approved.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution and
forward a copy hereof to the Secretary of the Planning Commission.
PASSED AND APPROVED this 21st day of March, 2018.
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS..
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing resolution was duly and regularly approved and adopted by the City Council
of the City of Baldwin Park at a regular meeting of the City Council on March 21, 2018, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS.
ALEJANDRA AVILA
CITY CLERK
♦ ♦ ■ 1,
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ORDINANCE NO. 1409
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN
PARK ADOPTING THE FINDNINGS OF FACT AND APPROVING
ZONING DESIGNATIONS ON PROPERTIES WITHIN SPECIFIC
PLAN AREAS WHICH ARE CONSISTENCY EDITS THAT HAVE
BEEN PREVIOUSLY APPROVED BY THE CITY COUNCIL
(LOCATIONS: PLAN 13-01 (ROEM PROJECT—RAMONA
BLVD./BOGART ST.), SPECIFIC PLAN 14-01 (INDIGO PROJECT—
BALDWIN PARK BLVD/. MERCED AVE.), SP 15-01 (DOWNTOWN
TRANSIT ORIENTED SPECIFIC PLAN) AND SPECIFIC PLAN 16-01
(PACIFIC VILLAS—PACIFIC AVE.); APPLICANT CITY OF
BALDWIN PARK; CASE NUMBER Z-556)
WHEREAS, specific plans can provide a reliable means of flexibility for all types of
development; and
WHERAS, adopted specific plans and their associated environmental documentation
can provide potential developers with a sense of security when pursuing a development
project in accordance with an adopted specific plan; and
WHEREAS, since adoption of the comprehensive Zoning Code update in May 2012,
there have been four specific plans (SP 13-01, 14-01, 15-01 and 16-01) approved by
resolution; and
WHEREAS, in order to have consistency between the Zoning designations and
General Plan Land Use designations, as required by State Law, on the various properties
within previously approved specific plans this clean–up map edits are necessary.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain
as follows:
SECTION 1. The foregoing recitations are hereby adopted by the City Council
as findings. Based on those findings, the City Council determines the public health, safety
and general welfare of the City of Baldwin Park, its residents, property owners, businesses
and visitors can be enhanced by amending the zoning map to reflect the subject changes as
shown in Attachment "A" is in the best interest of the community to amend the Official Zoning
Map of the City; and
SECTION 2. Based on the foregoing findings and determinations, City Council
adopts the findings of fact as follows relating to zone map amendments:
1) The zoning map amendments are consistent with the goals, policies, and
objectives of the General Plan.
The zone change would be consistent with the goals, policies, and objectives of
the General Plan in that it would finalize the adoption of the Specific Plans for the
Downtown TOD Specific Plan, Specific Plan 13-01 (Ramona/Bogart), Specific
Ordinance 1409 - Paae 2
Plan 14-01 (Baldwin Park/Merced), and Specific Plan 16-01 (Pacific Project).
The adoption by ordinance of the specific plans and the zone changes for the
identified properties implements two General Plan goals: Goal 1.0 of the Land
Use Element states that that the City should maintain a balanced mix and
distributions of land uses throughout Baldwin Park. Goal 2.0 of the Land Use
Element directs the City to accommodate new development that is compatible
with and complements existing conforming land uses. The amendments
furthermore provide consistency between the zoning map and the General Plan
land use map.
2) The amendment would not adversely affect surrounding properties.
The zone change would not adversely affect surrounding properties as the
affected properties are included in specific plans that have previously established
comprehensive plans for development of residential uses (Specific Plan 14-01
(Baldwin Park/Merced), and Specific Plan 16-01 (Pacific Project)) and
commercial and mixed uses (Downtown TOD Specific Plan and Specific Plan 13-
01 (Ramona/Bogart)). Development of the identified properties would
complement and enhance adjacent residential, commercial, and mixed use
areas.
3) The amendment promotes public health, safety, and general welfare.
The zone change would promote the public health, safety, and general welfare of
affected properties by finalizing zoning that was previously reviewed and adopted
and providing additional enforceability regarding zoning regulations.
4) The amendment serves the goals and purposes of the zoning code.
The zone change serves the goals and purpose of the zoning code in that it
provides for the orderly and compatible development of new uses that will
enhance the character of the community while creating additional housing,
commercial, and mixed use development options. Adoption by ordinance of the
zone designation changes also provides the City with additional enforceability
with regard to specific zoning regulations.
SECTION 3. Based on the foregoing findings and determinations, The
proposed actions are exempt from CEQA pursuant to CEQA Guidelines Section 15061.b.3 in
that the proposed activities are clean-up changes to properties with projects that have
already been subject to CEQA review and are either under construction or already
constructed. These clean-up zone changes and General Plan land use designation changes
can be seen with certainty to have no possibility of having a significant effect on the
environment since they are implementing actions already taken. Therefore, the project is not
subject to CEQA.
Ordinance 1409 - Page 3
SECTION 4. This ordinance shall go into affect and be in full force and
operation from and after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED ON THE _ day of... "2018
MANUEL LOZANO, MAYOR
ATTEST:
ALEJANDRA AVILA,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on , 2018. Thereafter, said Ordinance
No. 1409 was duly approved and adopted at a regular meeting of the City Council on
..............._... ...... ........ .................. ....... _., 2018 by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ALEJANDRA AVILA,
CITY CLERK
ITEM NO. 15
ME
STAFF REPORT
cOF
TO: Honorable Mayor and City Councilmembers
FROM: Rose Tam, Finance Director
DATE: March 21, 2018
SUBJECT: THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR
FISCAL YEAR 2016-17
SUMMARY
The purpose of this report is to present the City's Comprehensive Annual Financial Report (CAFR) and other
reports attached herewith for fiscal year ended June 30, 2017.
FISCAL IMPACT
There is no fiscal impact to receive and file these reports.
RECOMMENDATION
It is recommended that the City Council receive and file the City of Baldwin Park's CAFR for fiscal year ended
June 30, 2017 and all accompanying reports.
BACKGROUND
Annually, the Finance Department prepares and publishes the City's CAFR following the completion of an
independent and certified audit. The independent certified audit firm is Vasquez & Company LLP. The CAFR
is an extensive report summarizing the financial activities of the City that occurred from July 1, 2016 through
June 30, 2017.
The CAFR is prepared in compliance with Governmental Accounting Standards Board (GASB) standards.
Pursuant to GASB guidelines, the City's CAFR is divided into three sections: Introductory, Financial and
Statistical. The Introductory section contains a Letter of Transmittal. This letter includes a brief overview of
the City, economic outlook, operational controls and major initiatives. It also includes the GFOA Certificate of
Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2016. The City has
consistently received this certificate. The CAFR for the fiscal year ended June 30, 2017 was submitted to
GFOA with the expectation of receiving the certificate again.
The Financial section contains the independent auditor's report, Management's Discussion & Analysis
(MD&A), and the basic financial statements. The Firm of Vasquez & Company has issued an unmodified
("clean") opinion on the financial statements for the fiscal year ended June 30, 2017. This means that their
examination, testing and audit procedures allowed them to conclude that the financial statements present fairly,
in all material respects, the financial position of the City. This is the best opinion that the City can receive from
its auditors.
The MD&A provides a narrative of how the financial report is presented and key highlights of some of the
changes in financial position. The MD&A provides tables showing comparative information from fiscal year
ended June 30, 2016 to June 30, 2017.
Fiscal Year 2016-17 CAFR Presentation
March 21, 2018
Paee 2
The final section of the CAFR is the Statistical Section. This section presents data useful in analyzing the
City's financial and operational history for comparative purposes. Some of the statistics tracked include
financial trends, revenue capacity and debt capacity which are useful for evaluating the City's financial
stability.
The Single Audit report contained one compliance finding which related to allowable costs. The finding was
partially addressed. The City will implement a control procedure to ensure that the percentage used in the
timesheet is consistent with the actual percentage charged to the program.
The observations and recommendations reported by Vasquez & Company in the Management Letter Comments
contained seven items; four of the recommendations have been implemented. Staff will continue working on
implementing the remaining recommendations.
The finding, observations, and recommendations were discussed with management during the audit. Details are
included in Vasquez & Company LLP's presentation of audit results.
LEGAL REVIEW
Not required
ALTERNATIVES
None
ATTACHMENTS
1. Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2017 (Posted on the
City's Website under Finance. Report will be available for viewing upon request in the office of the City
Clerk)
2. Report on Agreed Upon Procedures of the City's GANN Appropriation Limit
3. Single Audit Report
Note: Fiscal Year Financial Highlights included in auditor's PowerPoint Presentation.
ATTACHMENT 1
CAFR for Fiscal Year Ended June 30, 2017 -Posted in the City's Website under Finance
City of Baldwin Park
Report of Independent Accountants on Agreed-upon Procedures
Applied to Appropriations Limit Worksheet No. 6
Year Ended June 30, 2017
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City of Baldwin Park
to Appropriations Limit Worksheet No. 6
Year Ended June 30, 2017
City of Baldwin Park
Appropriations 1_iitWorksheet No. 6
Table of Contents
PROCEDURES I
Appropriations Limit Worksheet No. 6
Notes to Appropriations Limit Worksheet No. 6
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the Appropriations Limitation Prescribed by Article X111 -B of the California Constitution) were
performed solely to assist the City of Baldwin Park, California in meeting the requirements of Section
1.5 of Article XIlI-B of the California Constitution. The City of Baldwin Park's management is
responsible for the Appropriations Limit Worksheet No. 6.
This agreed-upon procedures engagement was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants. The sufficiency of the
procedures is solely the responsibility of those parties specified in this report. Consequently, we
make no representation regarding the sufficiency of the procedures described below either for the
purpose for which this report has been requested or for any other purpose.
1 . We obtained the completed Worksheet No. 6 for the year ended June 30, 2017, and
compared the limit and annual adjustment factors included in that worksheet to the limit
and annual adjustment factors that were adopted by resolution of the City Council. We also
compared the population and inflation options included in the aforementioned worksheet to
those that were selected by a recorded vote of the City Council.
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C We compared the current year information presented in the accompanying Appropriations
Limit worksheet No. 6 to the other worksheets described in No. 1 above.
4. We compared the prior year appropriations limit presented in the accompanying
Appropriations Limit Worksheet No. 6 to the prior year appropriations limit adopted by the
City Council for the prior year.
We were not engaged to, and did not perform an audit, the objective of which would be the
expression of an opinion on the accompanying Appropriations Limit Worksheet No. 6. Accordingly,
we do not express such an opinion. Had we performed additional procedures, other matters might
have come to our attention that would have been reported to you. No procedures have been
performed with respect to the determination of the appropriation limit for the base year, as defined by
Article X111-13 of the California Constitution.
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December 27, 2017
City of Baldwin Par
Appropriations Limit Worksheet No.
For t e ear ended June 30, 201
Revised appropriations limit for fiscal year ended June 30, 2016 68,391,524
Adjustments factors fort fiscal year ended June 30, 2017
Inflation Population
Factor Factor Combined
(Note 3)cte Factor
1.0537 1 M27 1.0565 0.0565
Adjustment for inflation and population 3,864,121
Total adjustments 3,864,121
Appropriations limit for fiscal year ended June 30, 2017 72,255,645
Appropriations Limit Worksheet No. 6 and Accompanying Notes.
3
City of Baldwin Park
Notes to Appropriations Limit Worksheet No. 6
For the year ended June 3.0
;.201
Under Article X111B of the California Constitution (the Gann Spending Limitation
appropriations Yrurn pru TEEL,Ew
1, 1990, under Section 1.5 of Article X111B, the annual calculation of the
appropriations limit is subject to an agreed-upon procedures review in connection
ivith the annual audit.
7 PHWIMMMMMAI• i���
Under Section 10.5 of Article X111B, for fiscal years beginning on or after July 1, 1990,
the appropriations limit is required to •`d based on the limit for the fiscal
year 1986-87, adjusted for the inflation and population factors discussed at Notes 3
9-nd 4 below.
A California governmental agency may adjust its appropriations limit by either the
annual percentage change in the 4th quarter per capita personal income (which
percentages are supplied by the State Department of Finance), or the percentage
change in the local assessment roll from the preceding year due to the change of
local nonresidential construction. The factor adopted by the City of Baldwin Park for
the fiscal year 2016-2017 represents the annual percentage change in the State's
per capita personal income.
�'llllll;L4]:111 WiTA I w ON
A California governmental agency may adjust its appropriations limit by either the
annual percentage change of the jurisdiction's own population, or the annual
percentage change in population in the County where the jurisdiction is located. The
factor adopted by the City of Baldwin Park for fiscal year 2016-2017 represents the
annual percentage change in population for the City.
A California government agency may be required to adjust its appropriations limit
when certain events occur, such as the transfer of responsibility for municipal
services to, or from, another government agency or private entity. The City of
Baldwin Park had no such adjustments for the year ended June 30, 2017.
Unaudited; see Report of Independent Accountants on Agreed -Upon Procedures applied to
Appropriations Limit Worksheet No. 6 and Accompanying Notes.
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City of Baldwin Park
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In planning and performing our audit of the financial statements, we considered the City's internal
control over financial reporting (internal control) to determine the audit procedures that are
appropriate in the circumstances for the purpose of expressing our opinions on the financial
statements, but not for the purpose of expressing an opinion on the effectiveness of the City's
internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal
control.
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or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a
combination of deficiencies, in internal control, such that there is a reasonable possibility that a
material misstatement of the entity's financial statements will not be prevented, or detected and
corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies,
in internal control that is less severe than a material weakness, yet important enough to merit
attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of
this section and was not designed to identify all deficiencies in internal control that might be material
weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify
any deficiencies in internal control that we consider to be material weaknesses. However, material
weaknesses may exist that have not been identified.
10 ANN
As part of obtaining reasonable assurance about whether the City's financial statements are free
from material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations, contracts, and grant agreements, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an opinion
on compliance with those provisions was not an objective of our audit, and accordingly, we do not
express such an opinion. The results of our tests disclosed no instances of noncompliance or other
matters that are required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and
compliance and the result of that testing, and not to provide an opinion on the effectiveness of the
City's internal control or on compliance. This report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering the entity's internal control and
compliance. Accordingly, this communication is not suitable for any other purpose.
vj,t, - Cn LL
Los Angeles, California
December 27, 2017
K
NftJV: Ah
OV
INI Sauffi GrandAve,,StAfte 400
LOS AngOes, CA 90017
PlhQ2.13) 87111,700
Fax (21 3) 873-1.777
V4WW,VaSTJezCPa,C01n
OFHCE LOCATIOINS�
LosAngdes
Sacramento
san[hego
I 17V M-74
n Internal Control over Compliance, and on the Schedu7
oleof Expenditures
.ui
of Federal Awards Required by the Uniform Guidance
i ne AonUI7ffrR—NMT5?'dTM;ffM
City of Baldwin Park
Baldwin Park, California
We have audited the City of Baldwin Park's (the City) compliance with the types of compliance
requirements described in the OMB Compliance Supplement that could have a direct and material
effect on each of the City's major federal programs for the year ended June 30, 2017. The City's
major federal programs are identified in the summary of auditors' results section of the
accompanying schedule of findings and questioned costs.
Management is responsible for compliance with the federal statutes, regulations, and the terms and
conditions of its federal awards applicable to its federal programs.
Our responsibility is to express an opinion on compliance for each of the City's major federal
programs based on our audit of the types of compliance requirements referred to above, We
conducted our audit of compliance in accordance with auditing standards generally accepted in the
United States of America; the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States; and the audit
requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Those standards and the Uniform Guidance require that we plan and perform the audit to obtain
reasonable assurance about whether noncompliance with the types of compliance requirements
referred to above that could have a direct and material effect on major federal programs occurred.
An audit includes examining, on a test basis, evidence about the City's compliance with those
requirements and performing such other procedures as we considered necessary in the
circumstances.
9, N
0 Egoua
In our opinion, the City comp|ied, in all material reepecte, with the types of compliance requirements
referred to above that could have a direct and nnebaha| effect on its major federal programs for the
year ended June 3O.2Oi7.
Other Matters
The results ofour auditing procedures disclosed an instance of noncompliance, which is required to
be reported in accordance with the Uniform Guidance and which is described in the accompanying
schedule of findings and questioned costs as item F-2017-001. Our opinion on each major federal
program is not modified with respect to this matter.
The City's response to the noncompliance finding identified in our audit is described in the
accompanying schedule of findings and questioned costs. The City's response was not subjected to
the auditing procedures applied in the audit of compliance and, ucoording|y, we express no opinion
onthe response.
Report unInternal Control Over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over
compliance with the types of compliance requirements referred to above. In planning and
performing our audit ofcompliance, we considered the City's internal control over compliance with
the types of requirements that could have a direct and material effect on each major federal program
to determine the auditing procedures that are appropriate in the circumstances for the purpose of
expressing anopinion oncompliance for its major fedena|proOramoandtohautandrepodoninherna|
control over compliance in accordance with the Uniform Guidance, but not for the purpose of
expressing an opinion on the effectiveness ofinternal control over compliance. Aucording!y, we do
not express an opinion on the effectiveness of the City's internal control over compliance.
A deficiency in internal control over compliance exists when the design or operation of a control over
compliance does not allow management oremployees, in the normal course of performing their
assigned functione, to prevent, or detect and oornact, noncompliance with a type of compliance
requirement of federal program on a timely basis. A material weakness /n internal control over
compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such
that there is a reasonable possibility that material noncompliance with e type of compliance
requirement of federal program will not be prevented' or detected and cornaoted, on e timely basis.
A significant deficiency /n internal control over compliance is a defiuiancy, or a combination of
deficiencims, in internal control over compliance with e type of compliance requirement of a federal
program that is |eea severe than e material weakness in internal control over comp|ianca, yet
important enough tomerit attention bythose charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the
first paragraph of this section and was not designed to identify all deficiencies in internal control over
compliance that might be material weaknesses orsignificant deficiencies. We did not identify any
deficiencies in internal control over compliance that we consider to be material weaknesses.
However, material weaknesses or significant deficiencies may exist that have not been identified.
The purpose of this report on internal control over compliance is eo|m|y to describe the scope of our
testing of internal control over compliance and the results ofthat testing based on the requirements
of the Uniform Guidance, Accordingly, this report is not suitable for any other purpose.
rd
VVehave audited the financial statements cfthe governmental activities, the business -type activitiaa,
each major fund, and the aggregate remaining fund information of the City as of and for the year
ended June 30. 2017. and the related notes tothe financial stehements, which collectively comprise
the City's basic financial statements. We issued our report thereon dated December 27` 2017'
which contained an unmodified opinion on those financial statements. Our audit was conducted for
the purpose of forming an opinion on the basic financial statements as a whole. The accompanying
schedule of expenditures of federal ovvends is presented for purposes of additional analysis as
required by the Uniform Guidance and is not a required part ofthe basic financial statements. Such
information is the responsibility of management and was derived from and relates directly to the
underlying accounting and other records used to prepare the basic financial statements. The
information has been subjected to the auditing procedures applied in the audit of the basic financial
statements and certain additional procedures, including comparing and reconciling such information
directly to the underlying accounting and other records used to prepare the basic financial
statements or to the basic financial statements themselves, and other additional procedures in
accordance with auditing standards generally accepted in the United States of America. In our
opinion' the schedule of expenditures of federal awards is fairly stated in all material respects in
relation tmthe basic financial statements aeawhole.
�
[/ /~L^
� .�
Los Angeles, California
March 12, 2018 (except for the Schedule of Expenditures of Federal Awards, as to which the date is
December 27.2O17)
City of Baldwin Park
Schedule of Expenditures of Federal Awards
Year ended June 30. 2017
0=11=
See Notes to Schedule of Expenditures of Federal Awards.
6
Pass -Through Passed
CFDA
Entity Identifying Through to
Federal
Federal Grantor/Pass-T hir u It G r ut '%gjapo Title
.... ....... _ _ms
_Nu-m be r"
--,---,,Number $_I b,,re_C. ijj(e,!1f,
n( itures
Direct Program
Section 8 Cluster:
Section 8 Housing Choice Vouchers
14,871
$
$ 5,156,534
Public Housing Capital Fund
14,872
14,228
Community Development Block Grants/Entitlement Grants
14218
1,702,049
Home Investment Partnerships Program
14,239
- _, -- --- - - -_.
...............-503 41
Total U S Department of Housing and Urban Develop ment7
. ......... - — __ ........
3
. ..... .........
Direct Program
Equitable Sharing Program
15.922
323,463
Bulletproof Vest Partnership Program
16,60746
. . . . .........
. 8
.............................................,..... ..........
Total U S Department of Justice322
-------- . .
101
. ....................................... ....................
U-s-11(mmrWy—leill At Aghfit rwif
Direct Program
Summer Food Service Program for Children
1055965_4
Total U.S, Department of Agriculture
67,654
itIlLe-P dammi —OULALI moik-0011
Pass -Through Program from Los Angeles County Metropolitan
Transportation Authority
Minimum Penalties for Repeat Offenders for Driving While Intoxicated
20,608
PT705 '16,446
10,446
State and Community Highway Safety
20,600
PT705 24,595
. . ........
........ . . . 24,595
Total U.S. Department of Transportation
__---43,041
-------- 431,04
Total Federal Expenditures
$ 43,041
$ 7,81°3 248
0=11=
See Notes to Schedule of Expenditures of Federal Awards.
6
City of Baldwin Park
Notes to Schedule of Expenditures of Federal Awards
Year ended June 30, 2017
excluded from the accompanying schedule.
The information in the SEFA is presented in accordance with the requirements of
Title 2 U.S. Code of Federal Regulations part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform
Guidance). Because the SEFA presents only a selected portion of the operation or,'
the City, it is not intended to and does not present the financial position, changes in
net assets, or cash flows of the City.
The accompanying SEFA is presented using the modified -accrual basis
accounting for governmental funds and the accrual basis of accounting f(
proprietary funds, which is described in Note 1 of the notes to the City's bas
financial statements, except that the lending of certain federal award monies ar
Ir
acquisition of capital assets are reported as expenditures of federal funds. Sul
expenditures are recognized following the cost principles contained in the Unifor
Guidance, wherein certain types of expenditures are not allowable or are limited
to reimbursement. I
The City has elected not to use the 10 -percent de minimis indirect cost rate allowed
in the Uniform Guidance.
Grant expenditure reports as of June 30, 2017, which have been submitted to
grantor agencies, will, in some cases, differ from amounts disclosed herein. The
reports prepared for grantor agencies are typically prepared at a later date and
often reflect refined estimates of the year-end accruals.
CIE
Amounts reported in the accompanying SEFA agree, in all material respects, tit
amounts reported within the City's Comprehensive Annual Financial Report.
M
City of Baldwin Park
Schedule of Findings and Questioned Costs
Year ended June 30, 2017
Financial Statements
Type of auditors' report issued on the financial statements? Unmodified
Internal control over financial reporting:
• Material weakness(es) identified? No
• Significant deficiency(ies) identified? No
Noncompliance material to financial statements noted? No
Internal control over major programs:
• Material weakness(es) identified? No
• Significant deficiency(ies) identified? No
Type of auditors' report issued on compliance
with respect to major programs: Unmodified
Any audit findings disclosed that are required to be reported
in accordance with the Uniform Guidance? Yes -
(Finding No. 2017-001)
ldentificajjon of Ma'or l ror ran s:
CFDA Number Name of Federal Pro rain
14,871 Section 8 Housing Choice Vouchers
uAigil
Type A and Type B programs
Auditee qualified as a low-risk auditee?
0
no
City of Baldwin Park
Schedule of Findings es io Costs
Year 9 2017
City of Baldwin Pa
Schedule of Findings and Questioned Cos
Year ended June 30, 20 1
Federal Program Information
Federal Catalog Number. 14.871
Federal Program Name: Section 8 Housing Choice Vouchers
Federal Agency: U.S. Department of Housing and Urban Development
Pass -Through Entity: N/A
Per the Code of Federal Regulations, Title 2, Subtitle A, Chapter 11, Part 200, Subpart E, Section
200.430 (i) Standards for Documentation of Personnel Expenses (1) (vii) Support the distribution of
the employee's salary or wages among specific activities or cost objectives if the employee works on
more than one Federal award; a Federal award and non -Federal award; an indirect cost activity and
a direct cost activity; two or more indirect activities which are allocated using different allocation
bases; or an unallowable activity and a direct or indirect cost activity.
During our testing of allowable costs, we selected timesheets for testing of allowability of payrol
costs and we noted the following:
1 timaeheeL showed 76% was work perforrned for 8ech0o O Hmosmg Choice Vouchers
program but the allocated percentage charged to the Section 8 Housing Choice Vouchers
Cause and Effect
Payroll costs charged to the grant may be overstated.
Questioned Costs:
Total questioned costs were $588(out oftotal costs tested of$5.71J).
Reoonnnnendation�
We recommend that the City develop and implement policies and procedures to ensure that payroll
costs (wages, sa|ariea, fringe benefits) allocated to Federal programs are supported by actual hours
orpercent ofeffort worked oneach program.
Views ofResponsible Officials and Planned Corrective Action:
The Q196charged hothe program iocorrect and itwas based onthe approved labor allocation. The
76% reflected in the manual timesheet used was the old percentage and has not been updated to
reflect the approved labor allocation.
The City will implement control procedure to ensure that the percentage used in the timesheet ie
consistent with the actual percentage charged to the program. This will be implemented in FY2018.
M
City of Baldwin Pa
Status of Prior Year Audit Finding
Year ended June 30, 201
Finding Explanation if not
Reference Condition Current Status _fufly_ implemented
. .......... .......... . . . . . ............... - -- ----- ------- ----------------------- .. . . . . . .................. . . . . .
FS
2016-001- The City has not performed a Partially
Capital Assets complete physical inventory of capital implemented
assets in the last several fiscal years.
Thus, there may be assets included
in the capital asset schedule that no
longer exist.
Hi
a 4 - -0
is finalizing the
reconciliation
betvveen the
completed in
FY2018.
FITT-R7=
Real Property
Management
City of Baldwin Pa
Status of Prior Year Audit Finding
Year ended June 30, 201
Explanation if not
Condition Current Status fully implemented
The following conditions were noted Implemented
during audit procedures performed
for capital assets:
No separate records or list of
capital assets funded by federal
grants was created showing the
required information listed
above.
The required physical inventory
of equipment acquired with
federal awards has not been
taken within the last 2 years
and reconciled to the City's
recIrs.
Capital assets purchased using
federal grants are not properly
tagged.
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nonprrofiOrgainl/'ations, for p(Mt companks, gmuivw= uTUes and pubHdy Aded cwVwh& Vaqwz I m mWer d Te,,
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X10•
MARCH 21, 2018
7:00 PIS
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 IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the Housing
Authority on any matter posted on the agenda or on any
other matter within its jurisdiction. If you wish to
address the Board, you may do so during the PUBLIC
COMMUNICATIONS period noted on the agenda. Each
person is allowed three (3) minutes speaking time. A
Spanish speaking interpreter is available for your
convenience.
COMEN'TARIOS DEL PUBLICO
Se invite al publico a dirigirse a la Agencia nombrada en esta
agenda, para hablar sobre cualquier asunto publicado en
la agenda o cualquier tema que est6 bajo su jurisdicci6n.
Si usted desea la oportunidad de dirigirse a la Agencia, podra
hacerio durante el periodo de Comentarios del Publico
(Public Communications) anunciado en la agenda. A cada
persona se le permite hablar por tres (3) minutos. Hay un
inhsrprete parasu conveniencia.
Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority
that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public
inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours
(Monday - Thursday, 7:30 a.m. - 6:00 p.m.)
FINANCE AUTHORITY
REGULAR MEETING — 7:00 PM
CALL TO ORDER
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 seri el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances
exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct
staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N
No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista algbha emergencia o
circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas
por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de
Gobiemo §54954.2]
CONSENT CALENDAR
1. TREASURER'S REPORT — JANUARY 2018
Staff recommends that the Board receive and file the Treasurer's Report for January 2018.
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, Secretary of the Finance Authority hereby certify under penalty of perjury under
the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin
board not less than 72 hours prior to the meeting. Dated this 15th day of March, 2018.
Xlejdndra Avila
Secretary
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for
public viewing and inspection at City Hall, 211d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin
Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-
' baldwr _
mail at a�,v+lq � rroaa corn.,
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to
make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll)
ITEM NO.
STAFF R�:OR %>>, y aNL
SUMMARY
Attached is the Treasurer's Report for the month of January 2018. The Treasurer's Report lists all cash
for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the
Successor Agency to the Community Development Commission (CDC). All investments are in
compliance with the City's Investment Policy and the California Government Code.
FISCAL IMPACT
None
Ii GAIL REVIEW
None required.
RI!,'COM.MENDATION
Staff recommends that Council receive and file the Treasurer's Report for January 2018,
BACKGROUND
The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City
Council on a monthly basis.
TO:
Honorable Mayor and City Councilmembers
&N
' aus o
FROM:
Rose Tam Director of Finance
s�w�crar �l i
DATE:
March 21, 2018��
im �L E '
�.,
SUBJECT:
TREASURER'S REPORT —JANUARY 2018
SUMMARY
Attached is the Treasurer's Report for the month of January 2018. The Treasurer's Report lists all cash
for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the
Successor Agency to the Community Development Commission (CDC). All investments are in
compliance with the City's Investment Policy and the California Government Code.
FISCAL IMPACT
None
Ii GAIL REVIEW
None required.
RI!,'COM.MENDATION
Staff recommends that Council receive and file the Treasurer's Report for January 2018,
BACKGROUND
The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City
Council on a monthly basis.
CITY OF BALDWIN PARK
TREASURER'S REPORT
1/3112018
INVESTMENT
Imo,
MATURITY
_
DESCRIPTION mm
RATE
Pu DATE
DATE
DA"HE
VAt UE PRINCIPAL
VALUE �
..MAL IT
Local �Lq;l
uI
+tItwy
rofCallfornia
Genea F6iv all r ir SpoclalRoveyu,e Funds
1.35%
Varies
Varies
$ 26,781,047.43 § 25,791,047.43
$ 26,791,047.43
$ 26,791,047.43
Housing Authority
1.35%
Varies
Varies
13,302.96 13,302.96
13,302.96
13,302.98
26,804,360.39 26,804,350.39
26,804,360.39
60.39
25,804,3
Ceullnc to of Delrosil _....... _._..
..._. __
Capital Ci„o BankUSA NATL. A1,34N
1.16%
911412016
9/1412018
245,000.00 245,000.00
245,000.00
243,968.6
Wells Fargo Bank NA SIOUX Falls
1.15%
911412016
9/1412018
246,000.00 246,000.00
245,000.00
243,971.00
JP Morgan Chase Bank NA Columbus
1.16%
911612016
9/1612018
246,000.00 246,000.00
246,000.00
243,968.65
Ally Bank Midvale CTF DEP ACT/366
1.16%
9/1712016
9/17/2018
246,000.00 245,000.00
245,000.00
243,961.40
American Express Centurion
1.60%
4/1212017
4/12/2019
260,000.00 250,000.00
260,000.00
248,985.00
Everbank-Jacksonville
1.65%
411612017
4/1612019
260,000.00 260,000.00
260,000.00
248,897.60
Citibank National Association
1.80%
112612018
1/26/2019
260,000.00 260,000.00
260,000.00
249,902.60
Goldman Sachs Bk USA NY
2.24%
1/2412018
1/24/2020
260,000.00 260,000.00
260,000.00
260,387.60
Sallie Mae Bk SLT Lake City UT
2.24%
112412018
1/2412020
260,000.00 260,000.00
250,000.00
260,387.60
2,230,000.00 — 2,230,000.00
X2,230,000.00
2,224,418.60
Fiscal Agent Funds (Trust/Debt Service Fund)
Varies
Varies
Varies
1,861,067.97 1,851,067.97
1,861,067.87
1,861,067.87
Fiscal Agent Funds - Successor Agency (TrusUDebt Service Fund)
Varies
Varies
Varies
170,768.22 170,768.22
170,768.22
170,768.22
_..-.-6.
2,021,836.19 2,021,838.18
2,021,836.19
2,021,836.19
$ 30 066,180,60s $ 30 066,1B6.686
30 066 186.68 $
.....-..._._ . ........
30 050 606.08
Totalinvestm..ents. $
30,066,186.66
Cash arrlWI IE4raick of tim West,
City Checklhng
1,863,399.02
Money Market Plus
1,741,639.49
City Miscellaneous Cash
646,015.97
Successor Agency
129,613.96
Housing Authority
155,108.78
Financing Authority
1,719.08
Investment Brokerage
9,338.67_
Total Cash with Bank of the West 4,436,634.97
Total Cash and Investments $ 3491
,�4n82LSS
Schedule of Cash and Investments Includes city-wide assets as Included In the Comprehensive Annual Financial Report.
There were 3 additional Investment purchase transactions made for the month of January 2018 and several deposits/withdrawals were
made through the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient Investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all Investments are In compliance to the City's Statement of Investment Policy.
Approved by:
Rose %)m
Director of Finance
rlTdAINITO
MARCH21, 2018
7:00 P
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 IS IN PROCESS
POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENT
The public is encouraged to address the Housing
Authority on any matter posted on the agenda or on any
other matter within its jurisdiction. If you wish to
address the Board, you may do so during the PUBLIC
COMMUNICATIONS period noted on the agenda. Each
person is allowed three (3) minutes speaking time. A
Spanish speaking interpreter is available for your
convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse a la Agencia nombrada en esta
agenda, para hablar sobre cualquier asunto publicado en
la agenda o cualquier tema que est6 bajo su jurisdicci6n.
Si usted desea la oportunidad de dirigirse a la Agencia, podra
hacerlo durante el periodo de Comentarios del Pdblico
(Public Communications) anunciado en la agenda. A cada
persona se le per -mite hablar por tres (3) minutos. Hay un
ntba r� page su conveniencia
Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority
that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public
inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours
(Monday - Thursday, 7:30 a.m. - 6:00 p.m.)
HOUSING AUTHORITY
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Cruz Baca, Monica Garcia, Susan Rubio,
Vice Chair Ricardo Pacheco and Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances
exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct
staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N
No se podra tomar acri6n en algun asunlo a rnenos que sera incluido on la agenda, o a rnenos que exista 81g6na emergencib o
circunstancio especial. EI cuerpo legisl'ativo y su personal podron: 1) Responder brwomente a declaracrdnes o proguntas hechas
por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tornar' on consideraci6o on juntas proxirrias. [Codigo tie
Gobiemo §54954.2]
CONSENT CALENDAR
1. WARRANTS AND DEMANDS
Staff recommends that the Board ratify the attached Warrants and Demands Registers.
2. 'TREASURER'S REPORT — JANUARY, 2018
Staff recommends that the Board receive and file the Treasurer's Report for January 2018.
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, Secretary of the Housing Authority hereby certify under penalty of perjury under
the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin
board not less than 72 hours prior to the meeting. Dated this 15th day of March, 2018.
lejndra Avila
Secretary
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for
public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin
Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-
mail at pa
vilra r""tatriirrara ark;,,c�y.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to
make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll)
STAFF REPORT
1WL7D TO:
FROM:
� �44F-- DATE:
SUMMARY
Attached are the
by the Board.
ITEM NO.
The Honorable Chairman and Members of the Board
Rose Tam, Director of Finance "ell
March 21, 2018
SUBJECT: BALDWIN PARK HOUSING AUTHORITY'S WARRANTS AND
DEMANDS
Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified
FISCAL IMPACT
The total of the Warrants and Demands for Housing Authority is $364,889.12
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Registers.
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California
Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and
for the authorization from the department head or its designee. Pursuant to Section 37208 of the California
Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the
demands hereinafter referred. Payments released since the previous meeting and the following is a summary of
the payment released:
1. The February 13 to March 12, 2018 Warrant check numbers from 72143 through 72144 in the amount of
$57.00 and Automated Clearing House (ACH) in the amount of $364,832.12 were made on behalf of
City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to
the Board as required by law, and hereby ratified.
C eck Register
March 12, 2018
Date Range:
All Grouped by.-
y.VMS
VMSDate Range:
02/13/2018...03/12/2018 Sorted by:
Check Number
Program:
All
Check Number
Payment Type:
All
Check Numbers:
All
Direct Deposit:
Exclude
Check Cleared:
All
Port Status:
Include Port Ins
Zero HAPs:
Include Zero HAPs
Voided Payments:
Include Voided Payments
Held Checks:
Include Held Checks
Check Number
Check Date Payee Name
m... ....... ......... ......... ........-
DD
......_ �..
Amount
.. ......... ........
❑ 72143
03/01/2018 Annie L Henderson
❑
24.00
❑ 72144
03/01/2018 Hermila Silva
0
12.00
❑ 72145
03/01/2018 Vanessa G Ross
[
21.00
Total $57.00 ✓I
Average $19.00
Unit Count
Average Weighted by Unit Count
Hard to House Count
0
0 HAPPY Software Page 1 03/12/2018 10:09:20 AM
Check Register ACH
March 12, 2018
Date Range:
2/13/2018...03/12/2018
VMS Date Range:
All
Program:
All
Payment Type:
All
Check Numbers:
All
Direct Deposit.,
Only
Check Cleared.,
All
Port Status:
Include Port Ins
Zero HAPs:
Include Zero HAPs
Voided Payments:
Include Voided Payments
Held Checks:
Include Held Checks
Grouped by:
Sorted by.
Check Number
Check Number
y" Check Number
Check Date
PayeeNameDD
Amount
❑
16940
02/13/2018
Ha X Van
®
2342.00
❑
16941
03/01/2018
1015 West Garvey West Covina, LP
®
1219.00
❑
16942
03/01/2018
1024 Royal Oaks LP dba Whispering Fountains
®
11514.00
❑
16943
03/01/2018
Aaron Abdus Shakoor
®
1126.00
❑
16944
03/01/2018
Alan Wu
®
764.00
❑
16945
03/01/2018
Alejandra Gutierrez
®
675.00
❑
16946
03/01/2018
Alfonso Contreras
®
209.00
❑
16947
03/01/2018
Allan M. & Virginia J Chipp and Ralph Selina
®
2989.00
❑
16948
03/01/2018
Alta Vista Villas, LP
®
588.00
❑
16949
03/01/2018
Amparo M Limon
®
1089.00
❑
16950
03/01/2018
Amy Si On
®
782.00
0
16951
03/01/2018
Ana Thai
®
956.00
❑
16952
03/01/2018
Andrew & Eva Fogg
®
1213.00
❑
16953
03/01/2018
Angel Romo
®
693.00
❑
16954
03/01/2018
Anna & Simon Choi
®
1231.00
❑
16955
03/01/2018
Annette C Scott
®
1510.00
❑
16956
03/01/2018
Antonio & Aida Rinos
®
1068.00
❑
16957
03/01/2018
Antonio R. Corral
®
312.00
❑
16958
03/01/2018
ASCENSION HOLDINGS LLC
®
932.00
❑
16959
03/01/2018
B.K. Mamdani
®
1231.00
❑
16960
03/01/2018
Badillo Street Senior Apartments, LLC
®
12421.00
❑
16961
03/01/2018
Baldwin Park Family Housing Limited
®
12623.00
❑
16962
03/01/2018
Beatrice Pyatt
®
889.00
❑
16963
03/01/2018
Becky Binh Nguyet Luu
®
1747.00
❑
16964
03/01/2018
Billy Theodorakopoulos
®
773.00
❑
16965
03/01/2018
Blessed Rock of EI Monte
®
2477.00
❑
16966
03/01/2018
Bobby Roach
®
1093.00
❑
16967
03/01/2018
Brookhollow Apartments
®
2773.00
❑
16968
03/01/2018
Burnel & Mae Smith
®
1661.00
❑
16969
03/01/2018
Carol Hinds
®
681.00
❑
16970
03/01/2018
Central Apartments #2
®
1672.00
0 HAPPY Software Page 1 03/12/2018 11:14:34 AM
❑ 16971
03/01/2018
Chen Jackson
®
622.00
❑ 16972
03/01/2018
Cho Wu
®
171.00
❑ 16973
03/01/2018
Christina Villasenor
®
883.00
❑ 16974
03/01/2018
Cienega Garden Apartments
®
3506.00
❑ 16975
03/01/2018
Cipriano Salazar Jr.
®
889.00
❑ 16976
03/01/2018
Clinett Glazis
®
592.00
❑ 16977
03/01/2018
Covina 023 Woods 206 LP - Pama Management 206
®
467.00
❑ 16978
03/01/2018
Cynthia Pham
®
716.00
❑ 16979
03/01/2018
Dajojo, LLC
®
832.00
❑ 16980
03/01/2018
Denise Van Pham
®
1443.00
❑ 16981
03/01/2018
Derek Sim
®
748.00
❑ 16982
03/01/2018
Dieu Van Huynh
®
875.00
❑ 16983
03/01/2018
Dieu-Thuy Nu Ton
®
1378.00
❑ 16984
03/01/2018
Dimitris Papadopoulous
®
1245.00
❑ 16985
03/01/2018
Dinghwa Eddy Liu
®
1426.00
❑ 16986
03/01/2018
Doan & Lily Thi
®
1575.00
❑ 16987
03/01/2018
Doanho Do Ha
®
938.00
❑ 16988
03/01/2018
Don Norwood
®
1231.00
❑ 16989
03/01/2018
Donna J Falls
®
771.00
❑ 16990
03/01/2018
Doreen Han
®
1070.00
❑ 16991
03/01/2018
Dung Tran
®
1146.00
❑ 16992
03/01/2018
Dung Trung Pham and Tammy Tram Dang
®
816.00
❑ 16993
03/01/2018
Emilio De Jesus Cruz
®
514.00
❑ 16994
03/01/2018
Eric C. Otte
®
763.00
❑ 16995
03/01/2018
Estate of Rosetta Mix
®
656.00
❑ 16996
03/01/2018
Eunice Property, LLC
®
889.00
❑ 16997
03/01/2018
EZ APT LLC
®
929.00
❑ 16998
03/01/2018
Fanny Chan
®
641.00
❑ 16999
03/01/2018
Fat Law
®
891.00
❑ 17000
03/01/2018
Fernando Islas
®
1080.00
0 17001
03/01/2018
Fred Lau
®
885.00
❑ 17002
03/01/2018
Gilbert Dominguez
®
499.00
❑ 17003
03/01/2018
Gleiberman Properties, Inc - FBO MG Properties Group
®
1840.00
❑ 17004
03/01/2018
Grace Chiou
®
1248.00
❑ 17005
03/01/2018
Greater San Gabriel Valley Property Management, Inc.
®
1485.00
❑ 17006
03/01/2018
Group IX BP Properties, LP
®
350.00
❑ 17007
03/01/2018
Guillermo Vasquez
®
1115.00
❑ 17008
03/01/2018
Ha X Van
®
2361.00
0 17009
03/01/2018
Henry Ho
®
746.00
❑ 17010
03/01/2018
Henry Wong
®
1698.00
❑ 17011
03/01/2018
Heritage Park Villas LP
®
13560.00
❑ 17012
03/01/2018
Hilbert Properties II
®
1648.00
❑ 17013
03/01/2018
Hui Chuan Wang
®
3114.00
❑ 17014
03/01/2018
HUY VU
®
789.00
❑ 17015
03/01/2018
Isabel R Sanchez
®
1038.00
❑ 17016
03/01/2018
Jaime Barcena
®
798.00
0 HAPPY Software Page 2 03/12/2018 11:14:34 AM
❑ 17017
03/01/2018
James or Barbara Fox
750.00
❑ 17018
03/01/2018
JBMW Investment, LLC
669.00
❑ 17019
03/01/2018
Jeff Ma
416.00
❑ 17020
03/01/2018
Jesse S. Gonzalez
227.00
❑ 17021
03/01/2018
Jianhong Zhen
421.00
❑ 17022
03/01/2018
Jim & Nancy Bailey
603.00
❑ 17023
03/01/2018
Jocelyn Jae Jhong
1770.00
0 17024
03/01/2018
Joe Clark
2333.00
❑ 17025
03/01/2018
John Nguyen
515.00
❑ 17026
03/01/2018
John W. Ruwitch and Anh Lam Truong
905.00
❑ 17027
03/01/2018
John Young
496.00
❑ 17028
03/01/2018
Jose Baudelio Delgado
741.00
❑ 17029
03/01/2018
Joseph H. Garcia
3064.00
❑ 17030
03/01/2018
Joseph M. Kwok
1271.00
❑ 17031
03/01/2018
Joseph Pham
815.00
❑ 17032
03/01/2018
Joseph T. Tung
964.00
❑ 17033
03/01/2018
Juan Alvarado
435.00
❑ 17034
03/01/2018
Kan Investments LTD, LLC
506.00
❑ 17035
03/01/2018
Karen Lin
19
917.00
❑ 17036
03/01/2018
Karen M Hollinhurst
0
885.00
0 17037
03/01/2018
Kim Chau
19
753.00
❑ 17038
03/01/2018
Kimberly Nguyen
0
776.00
❑ 17039
03/01/2018
Kimberly U Dao
161.00
❑ 17040
03/01/2018
Kin Wai Wong
895.00
❑ 17041
03/01/2018
Kristen Thuy Phan
682.00
❑ 17042
03/01/2018
Ky Tran
1243.00
❑ 17043
03/01/2018
LAI MING LEUNG
839.00
❑ 17044
03/01/2018
Lambert Lam
1218.00
❑ 17045
03/01/2018
Lan Hua Mi Ku
802.00
❑ 17046
03/01/2018
Lark Ellen Village
6513.00
❑ 17047
03/01/2018
Larry Chow
3419.00
❑ 17048
03/01/2018
Larry Mimms
1067.00
❑ 17049
03/01/2018
Larry Pratt or Doreen E. Ewing
1401.00
❑ 17050
03/01/2018
Lawrence and/or Lorraine Scimeca
1412.00
❑ 17051
03/01/2018
LEFA Trust
954.00
❑ 17052
03/01/2018
Leslie K Ng
851.00
❑ 17053
03/01/2018
Lien Diep
1087.00
❑ 17054
03/01/2018
Linda Man
790.00
❑ 17055
03/01/2018
Lois J Gaston
1730.00
❑ 17056
03/01/2018
Los Angeles County Housing Authority
8628.80
❑ 17057
03/01/2018
Los Angeles County Housing Authority
0
3960.32
❑ 17058
03/01/2018
Louis Tong
1074.00
❑ 17059
03/01/2018
Lourdes Vela
2699.00
❑ 17060
03/01/2018
Luan Trong Hoang
668.00
❑ 17061
03/01/2018
Lucena A Ewing
2393.00
❑ 17062
03/01/2018
Lucille Fulmer
805.00
0 HAPPY Software Page 3 03/12/2018 11:14:34 AM
❑
17063
03/01/2018
Lupe Barajas
568.00
❑
17064
03/01/2018
Mack E Titus
25.00
❑
17065
03/01/2018
Malcolm Oso
552.00
❑
17066
03/01/2018
Mallorca Apartments, LTD
886.00
0
17067
03/01/2018
Man Sze Ma
ra
944.00
❑
17068
03/01/2018
Maria Luisa Fernandez
141.00
❑
17069
03/01/2018
Maria Luz Rodriguez
359.00
❑
17070
03/01/2018
Marina Alvarez
615.00
❑
17071
03/01/2018
Mark T. Fernandez
643.00
❑
17072
03/01/2018
Mary L Haynes
996.00
❑
17073
03/01/2018
Mayra Ortega
995.00
❑
17074
03/01/2018
Melody (Muoi) Dao
1221.00
❑
17075
03/01/2018
Michael H Phuong
1328.00
❑
17076
03/01/2018
Michelle Toliao Fernandez
753.00
❑
17077
03/01/2018
Minh A Nguyen
797.00
❑
17078
03/01/2018
Mohamad Tavakkoli
2630.00
❑
17079
03/01/2018
Monica Alber
919.00
0
17080
03/01/2018
Monrovia 612, LP
6853.00
❑
17081
03/01/2018
Monrovia Heritage Park LP
16424.00
❑
17082
03/01/2018
Monrovia Heritage Park LP
I
2436.00
❑
17083
03/01/2018
Mousa Boushaaya
890.00
❑
17084
03/01/2018
Nancy H Shen
786.00
❑
17085
03/01/2018
Nomer Lacson
1440.00
❑
17086
03/01/2018
Olie S Johnson
885.00
❑
17087
03/01/2018
Olive RE Holdings, LLC
2818.00
❑
17088
03/01/2018
Pacific Towers Senior Apartments - TDF LP
1872.00
❑
17089
03/01/2018
PAMA IV Properties, LP
1782.00
❑
17090
03/01/2018
Paramjit S Nijjar
1989.00
❑
17091
03/01/2018
Paul & Annie W Chau
966.00
❑
17092
03/01/2018
Paul P Simon
815.00
0
17093
03/01/2018
Paul Yan
683.00
❑
17094
03/01/2018
Paul Yen
508.00
❑
17095
03/01/2018
Peter R Nasmyth
539.00
❑
17096
03/01/2018
Philip Tsui
633.00
❑
17097
03/01/2018
Primrose Villa
5347.00
❑
17098
03/01/2018
Quoc T. Vo
1386.00
❑
17099
03/01/2018
Quy Duc Tran
950.00
❑
17100
03/01/2018
Ralph V. Parra
1090.00
❑
17101
03/01/2018
Ramiro Viramontes
329.00
❑
17102
03/01/2018
RAMONA BLVD FAMILY APARTMENTS, L.P.
2879.00
❑
17103
03/01/2018
Raul Varela Ayala
895.00
❑
17104
03/01/2018
Richard A DaSylveira
1163.00
❑
17105
03/01/2018
Ro Van Le
759.00
❑
17106
03/01/2018
Robert Lawe
875.00
❑
17107
03/01/2018
Robert and Judy Ip 2012 Trust
1226.00
❑
17108
03/01/2018
Roger Hin Nam Mak
7375.00
0 HAPPY Software Page 4 03/12/2018 11:14:34 AM
❑ 17109
03/01/2018
Roland Wiekamp
®
1251.00
❑ 17110
03/01/2018
Roman Basin
®
1104.00
❑ 17111
03/01/2018
Ronald & Pamela Layne
®
531.00
❑ 17112
03/01/2018
Rosa Beltran
®
1651.00
❑ 17113
03/01/2018
Rosa Lamas-Serratos
®
1704.00
❑ 17114
03/01/2018
Rosie Leon
®
786.00
❑ 17115
03/01/2018
Roy Lam
®
548.00
❑ 17116
03/01/2018
Ruel Torres
®
429.00
❑ 17117
03/01/2018
SAE GROUP, LLC
®
1270.00
❑ 17118
03/01/2018
Sam Gurfinkel
®
1227.00
❑ 17119
03/01/2018
Sara Romo
®
954.00
❑ 17120
03/01/2018
Sel Homes LLC
®
7308.00
❑ 17121
03/01/2018
Sergio Molina
®
187.00
❑ 17122
03/01/2018
Serrano West Covina #199W, LP
®
453.00
❑ 17123
03/01/2018
Shiu-Ein Huang
®
285.00
❑ 17124
03/01/2018
Siu Fung Mak
®
1575.00
❑ 17125
03/01/2018
Sophia Wong
®
1654.00
❑ 17126
03/01/2018
Steadfast Cameron Park LP
®
814.00
❑ 17127
03/01/2018
Steadfast Mccord BHA, LP
®
891.00
❑ 17128
03/01/2018
Sui Man Mak
®
946.00
❑ 17129
03/01/2018
T & T Asset Holding, LLC
®
2565.00
❑ 17130
03/01/2018
Takis Bogris
®
617.00
❑ 17131
03/01/2018
Tanya H Chen
®
898.00
❑ 17132
03/01/2018
Thanh M Tang
®
730.00
❑ 17133
03/01/2018
The Piedrahita Trust "B"
®
1551.00
❑ 17134
03/01/2018
The Promenade Housing Partners, LP
®
2222.00
❑ 17135
03/01/2018
Therisa L Tyck
®
895.00
❑ 17136
03/01/2018
Thomas Pang
®
1127.00
❑ 17137
03/01/2018
Tinh Van Le
®
477.00
❑ 17138
03/01/2018
TK MANAGEMENT & INVESTMENT CORP.
®
1109.00
❑ 17139
03/01/2018
Tom Cinquegrani
®
1023.00
❑ 17140
03/01/2018
Tom Lee
®
372.00
❑ 17141
03/01/2018
Tuan Viet Ho
®
1681.00
❑ 17142
03/01/2018
Up Hill Investment Inc.
®
1231.00
❑ 17143
03/01/2018
Van T Tran
®
825.00
❑ 17144
03/01/2018
Velma Alarcon Gandara
®
1282.00
❑ 17145
03/01/2018
Vijay Gulati
®
2452.00
❑ 17146
03/01/2018
Villa Olive Oak
®
539.00
❑ 17147
03/01/2018
Vinh H. Lai
®
885.00
❑ 17148
03/01/2018
Vinh Hong Lai
®
2853.00
❑ 17149
03/01/2018
Vintage West Covina
®
10663.00
❑ 17150
03/01/2018
Virginia Carlson
®
898.00
❑ 17151
03/01/2018
Wai Keng Tam
®
970.00
❑ 17152
03/01/2018
West Covina Senior Villas II, LP
®
572.00
❑ 17153
03/01/2018
West Covina Seniors Villas 1
®
596.00
❑ 17154
03/01/2018
William J Rogers
®
801.00
0 HAPPY Software Page 5 03/12/2018 11:14:34 AM
❑ 17155
03/01/2018
Wilson Apartment Associates L. P.
®
3318.00
❑ 17156
03/01/2018
Woodside Village Apartments LP
®
6460.00
❑ 17157
03/01/2018
Xitlalai Sanchez
®
538.00
❑ 17158
03/01/2018
Xuan Wang
®
1254.00
❑ 17159
03/01/2018
Xue Fen Xu
®
972.00
❑ 17160
03/01/2018
Xuyen Thach Han
®
1550.00
❑ 17161
03/01/2018
Y & H Investment, Inc.
®
1841.00
❑ 17162
03/01/2018
Zelmira Medina
®
1610.00
❑ 17163
03/01/2018
Zi Jian Li
®
1268.00
Total $364,832.12
Average $803.59
Unit Count 423
Average Weighted by Unit Count $827.58
Hard to House Count 1
0 HAPPY Software Page 6 03/12/2018 11:14:34 AM
ITEM NO. _ ' d
STAFF REPRr
M, TO: Honorable Mayor and City Councilmembers
FROM: Rose Tam Director of FinanceII.)
ry
DATE: March 21, 2018
i LIES;
SUBJECT: TREASURER'S REPORT — JANUARY 2018
SUMMARY
Attached is the Treasurer's Report for the month of January 2018. The Treasurer's Report lists all cash
for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the
Successor Agency to the Community Development Commission (CDC). All investments are in
compliance with the City's Investment Policy and the California Government Code.
FISCAL ,IMPACT
None
LEGAL RE VIEW
None required.
IECOMMENDATION
Staff recommends that Council receive and file the Treasurer's Report for January 2018.
BACKGROUND
The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City
Council on a monthly basis.
CITY OF BALDWIN PARK
TREASURER'S REPORT
1131/2018
INVESTMENT
INTEREST
PURCHASE
MATURITY
PAR
CURRENT
BOOK
MARKET
DESCRlt DON
RATE
DATE
DATE
VALUE
PRINCIPAL
VAMC t/E
VALUE
State of California Local Agency Invastlmnnt Fund (LAIF�._. ,.. ._
9,338.67
City -Including Genarel Fund & all other Special Revenue Funds
1.36%
Varies
Varies
$ 26,791,047.43
$ 25,791,047.43
$ 26,791,047.43
$ 26,791,047.43
Housing Authority
1.36%
Varies
Varies
13,302.96
13,302.96
13,302.96
13,302.96
26,804,360.39
26,804,360.38
_ 25,804,350.39
_.... 26,804,350.39
Cortllftlrota. of Deposft
'�oll"�Iltll GYu�i�: Il fanullt BU;uff, II'1A"I II AMrw uV1
1.16%
9/1412016
911412018
246,000.00
245,000.00
246,000.00
243,968.66
Wells Fargo Bank NA SIOUX Fails
1.16%
911412016
911412018
246,000.00
245,000.00
246,000.00
243,971.00
JP Morgan Chase Bank NA Columbus
1.16%
911612016
9116/2018
246,000.00
245,000.00
246,000.00
243,968.65
Ally Bank Midvale CTF DEP ACT/366
1.16%
9/1712016
911712018
245,000.00
245,000.00
246,000.00
243,961.40
American Express Centurion
1.60%
411212017
411212019
260,000.00
260,000.00
260,000.00
248,966.00
Everbank-Jacksonville
1.65%
4/16/2017
411612019
260,000.00
260,000.00
260,000.00
248,897.60
Citibank National Association
1.80%
112612018
1125/2019
260,000.00
260,000.00
260,000.00
249,902.60
Goldman Sachs Bk USA NY
2.24%
1/2412018
112412020
260,000.00
260,000.00
260,000.00
260,387.60
Sallie Mae Bk SLT Lake City UT
2.24%
1/2412018
112412020
260,000.00
260,000.00
260,000.00
260,387.60
-..2,Z3.._..-.-..--._
0,000.00
-�
--i,-230,000.00
2,230,000.00
_______,w,J.
2,230,000.00
2,224,419.60
Fiscal Agent Funds(Trust/Debt Service Fund)
Varies
Varies
Varies
1,861,067.97
1,851,067.97
1,851,067.97
1,861,067.97
Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund)
Varies
Varies
Varies
170,768.22
170,768.22
170,768.22
170,768.22
2,021,836.18
-._-_
.-._
2,021,836.18
2,021,836.19
� 2,021,836.19
$ 30066186 .,68.,, $ 30,06m,. 6,186 58 6 30,066 189.89. $ 30,060,606.08
Total Investments
$ 30,066,186.68
Cash with Bank of the West
City Checking
1,653,399.02
Money Market Plus
1,741,639.49
City Miscellaneous Cash
646,016.97
Successor Agency
129,613.96
Housing Authority
165,108.78
Financing Authority
1,719.08
Investment Brokerage
9,338.67
Total Cash with Bank of the West 4,436,634.97
Total Cash and Investments $ 34 491 821.66
Schedule of Cash and Investments Includes city-wide assets as Included In the Comprehensive Annual Financial Report.
There were 3 additional Investment purchase transactions made for the month of January 2018 and several deposits/withdrawals were
made through the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient Investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all Investments are In compliance to the City's Statement of Investment Policy.
Approved by:
ko3+ "fang
Director of Finance