Agenda packet — Baldwin Park City Council, August 3, 2022 (part 1 of 2)

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, August 3, 2022 at 5:00 PM.

Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda.

NO OTHER BUSINESS WILL BE DISCUSSED

Posted: July 28, 2022.

Emmanuel J. Estrada
Mayor

AFFIDAVIT OF POSTING

I, Marlen Garcia, City Clerk of the City of Baldwin Park 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 24 hours prior to the meeting of August 3, 2022.

Marlen Garcia,
City Clerk

AGENDA

BALDWIN PARK CITY COUNCIL

SPECIAL MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

August 3, 2022
5:00 PM

Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA

Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member

PLEASE TURN OFF ALL ELECTRONIC DEVICES

PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda. In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers must
address the Council as a whole and refrain
from making impertinent, slanderous, or
profane remarks or disrupt the peace of the
meeting.

COMENTARIOS DEL PUBLICO
Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda.

De acuerdo con el capítulo 39 del Código Municipal
de la Ciudad de Baldwin Park, los comentaros deben
se dirigidos al Concilio como una sola entidad, y no
ser imper tinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.

CALL TO ORDER:

ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será 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 staf f 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 acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on August 3, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your reques t in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public comm unications so that City business can be conducted, after which time, communications can resume.

OPEN SESSION/STUDY SESSION
• Family Service Center
Presented by Chief Executive Officer Enrique Zaldivar, Director of Recreation and Community Services Director Manuel Carrillo Jr., Director of Public Works Sam Gutierrez , and Director of Community Development Ron Garcia

• Habitat for Humanity Presentation
Presented by Bryan Wong, Executive Director

RECESS TO CLOSED SESSION

1. 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)

2. Conference With Legal Counsel— Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

CITY COUNCIL
SPECIAL MEETING – 5:00 P.M.

Case Name: Christopher Kuberry, Michael Hemmingway Case No. 22STCV07382 And Raymond Findley v. City of Baldwin Park

Case Name: Jorge Huerta v. City of Baldwin Park Case No. 22PSCP00250

ADJOURNMENT

CERTIFICATION

I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, 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 24 hours prior to the meeting of August 3, 2022.

Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail [email protected].

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)
AGENDA

BALDWIN PARK CITY COUNCIL

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

August 3, 2022
7:00 PM

Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member

PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING.

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.

In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers
must address the Council as a whole and
refrain from making impertinent, slanderous,
or profane remarks or disrupt the peace of
the meeting.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o cualquier otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que esté bajo su
jurisdicción. De acuerdo con el capítulo 39 del
Código Municipal de la Ciudad de Baldwin Park, los
comentaros deben se dirigidos al Concilio como
una sola entidad, y no ser impertinentes,
difamatorios, o profanos, o interrumpir la paz de la
reunión.

City Council Agenda Page 2

CITY COUNCIL
REGULAR MEETING – 7:00 PM

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members: Alejandra Avila , Monica Garcia, Paul C.

Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J.

Estrada

REPORT FROM CLOSED SESSION

ANNOUNCEMENTS

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• New Staff Introduction – Assistant Planner, Jesus Astorga-Rios

• Introduction of New Community Development Director Ron Garcia

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el límite 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 ex ist. 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 acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circ unstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por pers onas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on August 3, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during t he meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced ). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

City Council Agenda Page 3

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 Counci lmember 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. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

2. Approval of form of Agreements to be used with the San Gabriel Valley Habitat for Humanity, Inc. to Implement an Acquisition and Rehabilitation Housing Program using Low -and Moderate -Income Housing Funds to Create H omeownership Opportunities
Staff is recommending that the City Council:

1. Approve the form of the attached Agreements for use in the Program; and Authorize the Chief Executive Officer (“CEO”) and City Attorney to carry out all subsequent and needed actions to proceed with the Program, including approving real estate purchase transactions, and executing agreements.

3. Notification to City of Baldwin Park City Council of the Upcoming Request for Proposals in Consideration of As-Needed Building and Safety Service Staff recommends that City Council authorize the Director of Community Development issue an RFP for as needed building and safety services.

4. Authorization to Proceed with Advertisement of a Request for Proposal (RFP) for Printing of the Baldwin Park Now
Staff recommends that City Council authorize the Director of Recreation and Community Services to proceed with advertisement of an RFP for the printing of the BP NOW.

5. Adoption of a Resolution to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361
Staff recommends that City Council adopt Resolution No. 2022 -039 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act e xecutive orders and AB 361 (covering meetings held from August 3, 2022, through September 2, 2022) and re -evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions.

6. Approval of Employment Agreement with Ron Garcia for the Position of Community Development Director
Staff recommends that the City Council approve the agreement with Ron Garcia for the position of Community Development Director and direct the Mayor and City Clerk to execute the agreement.

City Council Agenda Page 4

7. Approval of a Resolution of the City Council of the City of Baldwin Park Setting Priorities for Filing Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis
Staff recommends that the City Council Resolutions setting priorities for filing of arguments regarding city measures and direct the City Attorney to prepare impartial analysis.

8. Authorization to Appropriate Funding for the Garvey Family Bridge Housing Project
Staff recommends that the City Council:

1. Authorize the Director of Recreation and Community Services to accept the budget allocation of $478,080 and execute an agreement with Los Angeles Homeless Service Authority (LAHSA) and Authorize the D irector of Finance to appropriate the funding for operations support; and

2. Authorize the Director of Finance to appropriate funding from the Homeless Housing Pilot Program HHPP grant in the amount of $527,831 for operations support; and

3. Authorize the Dire ctor of Finance to appropriate funding from the ARPA funds in amount of $72,051.86 for operations support, and $327,831.00 for capital support; and

4. Authorize the Director of Finance to make the necessary budget adjustments and the Director of Recreation an d Community Services to process the necessary documents.

9. Fiscal Year 2022-23 Amendment Budget
Staff recommends that Council to approve:

1. The fiscal year 2022-23 Amended Budget and resolutions for:
• City of Baldwin Park by Resolution No.2022-045; and
• Finance Authority by Resolution No. FA 2022-002, and
• Municipal Financing Authority by Resolution No. MFA 2022-002, and • Housing Authority by Resolution No. HA 2022-004, and
• Successor Agency by Resolution No. 2022-002, and

2. Authorize the Director of Finance to appropriate funding and make necessary budget amendments; and

3. Authorize the CEO and HR to begin the hiring process of the approved requests by the City Council; and

4. Approve a Resolution No. 2022 -046 to revise the Comprehensive Pay Schedule to reflect the FY 22-23 Amended Budget in accordance with CalPERS Guidelines.

City Council Agenda Page 5

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY

DEVELOPMENT COMMISSION

REPORTS OF OFFICERS
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 Fiscal Year 2022-23 Amendment Budget
Staff recommends that Council to approve:

1. The fiscal year 2022-23 Amended Budget and resolutions for:
• City of Baldwin Park by Resolution No. 2022-045, and
• Finance Authority by Resolution No. FA 2022-002, and
• Municipal Financing Authority by Resolution No. MFA 2022-002, and • Housing Authority by Resolution No. HA 2022-004, and
• Successor Agency by Resolution No. 2022-002, and

2. Authorize the Director of Finance to appropriate funding and make necessary budget amendments; and

3. Authorize the CEO and HR to begin the hiring process of the approved requests by the City Council; and

4. Approve Resolution No. 2022 -046 to revise the Comprehensive Pay Schedule to reflect the FY 22-23 Amended Budget in accordance with CalPERS Guidelines.

REPORTS OF OFFICERS

10. Approval of Resolution No. 2022 -047 and Resolution No. 2022 -048 Ordering the Submission to the Qualified Electors of the City of Baldwin Park of a Certain Measure Relating to Term Limits for City Elected Officials and the Electing Five Councilmembers with an Annually Rotating Mayor and Mayo r Pro Tempore at the General Municipal Election to be held on Tuesday, November 8, 2022, as Called by Resolution No. 2022-025
Staff recommends that the City Council discuss and provide direction on the details of the attached ordinances; and if agreed upon:

1. Adopt Resolution No. 2022-047 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Submission of the Qualified Electors of the City of a Certain Measure Relating to term limits for elected officials at the General Municipal Election to be held on Tuesday, November 8, 2022, as called by Resolution No. 2022-025”.; and

2. Adopt Resolution No. 2022-048 entitled, “A Resolution of the City Council of the City Baldwin Park, California, Ordering the Submission of the Q ualified Electors of the City of a Certain Measure Relating to Electing Five Councilmembers with an Annually Rotating Mayor and Mayor Pro Tempore Commencing in 2024 at the General Municipal Election to be held on Tuesday, November 8, 2022, as Called by Resolution No. 2022-025”.

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &

COMMUNICATION

Request by Mayor Pro Tem Damian
• Mayor Pro Tem Damian requests discussion and direction for staff to report back on enforcement boundaries regarding the homeless community with mental disabilities and/or substance abuse.

City Council Agenda Page 6

ADJOURNMENT

CERTIFICATION

I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, 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 28th day of July 2022.

Marlen Garcia
City Clerk

For further information regarding agenda items, please contact the office of the City C lerk at (626) 960 -4011 ext. 466 or via e -mail at [email protected].

STAFF REPORT
ITEM NO. ________1_________

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: August 3, 2022
SUBJECT: City of Baldwin Park’s Warrants and Demands

SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.

RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

FISCAL IMPACT
The payroll for the last period was $574,077.60 and the attache d General Warrants Register was $1,465,108.45 for a total amount of $2,039,186.05.

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 last payroll of the City of Baldwin Park consist s of check number s 201517 to 201544 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 33974 to 34246 for the period June 26, 2022 through July 9, 2022 inclusive; these are presented and hereby ratified in the amount of $574,077.60.

2. General Warrants, with the bank drafts in the amount of $708,603.27 and checks from 237037 to 237297 in the amount of $756,505.18 for the period of July 7, 2022 to July 21, 2022, inclusive; in the total amount of $1,465,108.45 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Check Register

ITEM NO. 2

STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Acting Director of Community Development

DATE: August 3, 2022
SUBJECT: Approval of form of Agreements to be used with the San Gabriel Valley Habitat for Humanity, Inc. to Implement an Acquisition and Rehabilitation Housing Program using Low- and Moderate- Income Housing Funds to Create Homeownership
Opportunities

SUMMARY
The City Council is requested to approve the form of the agreements to be used with the San Gabriel Valley Habitat for Humanity, Inc. (hereinafter “Habitat”) to implement an acquisition and rehabilitation housing program (“Program”) to create homeownership opportunities for low-income families utilizing Low- and Moderate-Income Housing (Low-Mod) Funds.

RECOMMENDATION
Staff is recommending that the City Council:

1. Approve the form of the attached Agreements for use in the Program; and

2. Authorize the Chief Executive Officer (“CEO”) and City Attorney to carry out all subsequent and needed actions to proceed with the Program, including approving real estate purchase transactions, and executing agreements.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The use of Low-Mod funds for this program were authorized by the City Council on October 6, 2021, with approval of an Affordable Homeownership Expansion Agreement with Habitat.

BACKGROUND
On October 6, 2021, an Affordable Homeownership Expansion Agreement (“AHEA”) with Habitat was approved for the purpose of expanding homeownership projects in the city to low-income families. Low- income families are defined as families that earn 80% or less of the Area Median Income or $94,600 for a family four. The AHEA identified four funding sources to establish five housing programs. The purpose of this staff report is to discuss one of the funding sources, Low -Mod funds, and one of the approved programs which is the acquisition and rehabilitation program. Through the program Low-Mod funds would be used to acquire existing homes and rehabilitate them for sale to low-income families.

The attached agreements (Loan Agreement, Declaration of Covenant Conditions and Restrictions, Deed of Trust, and Promissory Note) outline the financial commitment from each individual funding source, income restrictions, term of transactions for new homeowners, required Low-Mod regulations and delegation of authority to the CEO to approve real estate purchases and execute agreements. This delegation was included to allow Habitat to compete for transactions in a very competitive seller’s market. However, if Habitat can negotiate sufficient time, purchase transactions will be brought before the City Council for approval.

1 ALTERNATIVES
The City Council may decide to approve the agreements; (2) not to approve the agreements; (3) choose to analyze the Program further.

LEGAL REVIEW
The agreements have been reviewed and approved by Special Legal Counsel (Christensen & Spath, LLP) and the City Attorney as to legal form and content.

ATTACHMENTS

1. Draft Acquisition and Rehabilitation Loan Agreement

2. Low Mod Declaration

3. Low Mod Deed of Trust

4. Low Mod Note

1 ACQUISITION REHABILITATION LOAN AGREEMENT
(Habitat-Low Mod-________property address)

THIS ACQUISITION REHABILITATION LOAN AGREEMENT (“Agreement”) is dated as of the __ day of ______, 2022, by and between ___________________ ( insert name of entity - San Gabriel Valley Habitat for Humanity, Inc ., a California nonprofit public benefit corporation or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.) (“Borrower”), and the City of Baldwin Park acting solely in its capacity as the designated successor housing agency to the former Community Development Commission of the City of Baldwin Park (“Lender”) as follows:

RECITALS

A. Borrower intends to acquire that certain residential real property generally located at _____________ in Baldwin Park , California (“Property”) . Borrower’ s acquisition of the Property will be financed by Borrower in part using a loan from the Lender in the original principal amount of ________ and No/100 Dollars ($_________.00) (“Loan”).

B. Borrower shall rehabilitate the residential dwelling unit (“Affordable Unit”) on the Property by performing all of the Rehabilitation, as defined below. The Affordable Unit shall be restricted in compliance with the California Community Redevelopment Law (Health & Safety Code Section 33000, et seq.) program for a period of fifteen (15) years as referenced in the Declaration. All development of the Property shall be subject to the review and approval of the Lender. The Affordable Unit shall be sold to, and at a price which is affordable to, persons whose incomes are at or below eighty percent (80%) of the Area Median Income, as defined below.

C. Borrower acknowledges that Lender is funding the Loan entirely from Lender’s Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the California Health and Safety Code. Borrower agrees that all of the Loan shall be used for purposes that are eligible under the applicable provisions of the California Health and Safety Code . The Loan shall fund acquisition and other project costs as approved by the Lender. . Unless otherwise prohibited by any applicable law, the Borrower shall be entitle d to receive fees in the amount set forth on Exhibit A, attached hereto.

D. The Loan shall be evidenced by the Note . The Note shall bear interest at the rate of 3% per annum. Upon completion the Rehabilitation, the Loan shall be assumed by the purchaser of the Affordable Unit. This Agreement , the Declaration and the Note shall be secured b y the Deed of Trust.

NOW, THEREFORE, in furtherance of the recitals stated above, the mutual covenants set forth below, the parties agree, promise and declare as follows:

1. Definitions
. The following terms shall have the meanings set forth below:

2 “Affordable Unit” means the dwelling unit that shall be rehabilitated by Borrower on the Property. The Borrower shall provide a preference for sale of the Affordable Unit to households with at least one member who resides within the City of Baldwin Park, as that person’s primary place of residence, to the maximum extent allowed by law.

“Agreement” means this Acquisition Rehabilitation Loan Agreement.

“Area Median Income” means the median income for the Los Angeles -Long Beach - Glendale Metropolitan Statistical Area, as adjusted for family size, as said median income is determined by HUD.

“Borrower” means ___________________ ( insert name of entity - San Gabriel Valley Habitat for Humanity, Inc ., a California nonprofit public benefit corporation or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.).

“Closing” means the close of escrow for Borrower’s acquisition of the Property and the Borrower’s closing on the Loan, which shall occur concurrently.

“Lender” means the City of Baldwin Park acting solely in its capacity as the designated successor housing agency to the former Community Development Commission of the City of Baldwin Park.

“Loan” means the a cquisition loan from Lender to Borrower in the original principal amount of ________ and No/100 Dollars ($_________.00).

“Note” means a promissory note, in a form and format approved by Lender in the Lender’s sole discretion, evidencing the Loan, executed by Borrower in favor of the Lender at Closing. The Note is hereby incorporated herein by reference.

“Declaration” means a declaration of covenants, conditions and restrictions, in a form and format approved by Lender in the Lender ’s sole discr etion, which shall restrict the sale and occupancy of the Affordable Unit as set forth in the Declaration.

“Deed of Trust” means the deed of trust securing the Note, Declaration and this Agreement, in a form and format approved by Lender in the Lender’s sole discretion, which shall be recorded as an encumbrance against the Property at Closing.

“Escrow” means the escrow depository and disbursement services to be performed by the Escrow Agent pursuant to the provisions of this Agreement.

“Escrow Agent” means _____________.

“Escrow Instructions” means the Escrow Instructions being delivered by the Lender to Escrow Agent concurrently with the delivery of this Agreement to Escrow Agent.

3 “Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United State Government. Provided, however, the term “Hazardous Materials” shall not include substances typically used in the ordinary course of developing, operating and maintaining residential projects in California or small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar properties, provided that such substances are used in compliance with applicable laws.

“Property” has the meaning set forth in Recital A, above.

“Rehabilitation” shall mean the rehabilitation work to be performed by Borrower at the Property, the scope of which rehabilitation work shall be agreed to by Borrower and Lender.

2. Acquisition Rehabilitation Loan
. Lender will fund the Loan to Borrower according to and upon the terms and conditions set forth in this Agreement. The proceeds of the Loan shall be used by Borrower solely for the purposes of acquiring the Property and completing the Rehabilitation, in accordance with all applicable the California Community Redevelopment Law requirements.

(a) Loan Amount
. The amount of the Loan shall be ________ and No/100 Dollars ($_________.00).

(b) Promissory Note
.

(1) The Loan shall be evidenced by the Note executed by Borrower, in favor of Lender, in the original principal amount of ________ and No/100 Dollars ($_________.00). Prior to the timely completion of Rehabilitation , t he Loan and the Note shall be fully recourse to Borrower. Upon timely completion of Rehabilitation, the Loan and Note shall be non-recourse to Borrower.

(2) The Note shall bear simple interest at three percent (3%) per annum from the date or dates of disbursement. Except as otherwise set forth in this Agreement (i.e., the transfer of the Affordable Unit to a qualified purchaser), the Note shall be due and payable in full prior to or concurrently with any sale, conveyance, transfer or further encumbrance of all or any portion of the Property without the consent of the Lender. The Note may be prepaid in whole or in part at any time and from time to time, without notice, premium or penalty. The obligations of Borrower under the Declaration shall be independent of, and in addition to, Borrower ’s obligations under this Agreement. Repayment of the Note shall not terminate or otherwise affect the Declaration.

(3) Except as otherwise set forth in this Agreement (i.e., the transfer of the Affordable Unit to a qualified purchaser), should Borrower agree to or actually sell, convey, transfer, further encumber or dispose of the Property or any interest in the same, without first obtaining the written consent of the holder of the Note (i.e., the Lender), which consent shall be granted or withheld at the sole discretion of the holder of the Note, then all obligations secured by the Note may be declared due and payable at the option of the holder of the Note. The consent to one transaction of this type will not constitute a waiver of the right to require consent to future or

4 successive transactions. The Declaration shall remain in place whether or not Lender approves or disapproves a successor-in-interest.

(4) Upon completion of Rehabilitation, the purchaser of the Affordable Unit shall assume all of the Borrower’s interests, right and obligations under the Note and Deed of Trust. The Note and Deed of Trust assumption shall be pursuant to a form approved by the CEO of the Lender. Notwithstanding the foregoing, in the event of a transfer of the Property where the amount of the Note (“Original Note Amount”) would violate the first position lender’s underwriting requirements or otherwise impede the transfer of the Property to an Eligible Owner, as defined in the Declaration, then the amount of the Note shall be reduced to the maximum amount (“Reduced Note Amount”) which will enable the transaction to comply with the first position lender’s underwriting requirements or otherwise allow the transfer of the Property to an Eligible Owner. In such event, the difference between the Original Note Amount and the Reduced Note Amount (“Deemed Paid Amount”) shall be deemed repaid in full to the Lender and the purchaser of the Affordable Unit shall have no further obligation with respect to the Deemed Paid Amount.

3. Deed of Trust
. Upon the close of Escrow, as security for the Loan and the Declaration , Borrower shall execute, acknowledge, deliver and cause the Deed of Trust to be recorded against the Property. A copy of this Agreement shall not be attached to and recorded as part of the Deed of Trust, but any breach of or misrepresentation under this Agreement shall, upon the expiration of any applicable notice and cure period(s), constitute an event of default under the Deed of Trust.

At Closing the Deed of Trust shall be recorded in a position subordinate to the Declaration and to all monetary liens on the Property.

4. Subsequent Financing
. No further loan, deed of trust, or encumbrance, shall be placed by Borrower upon any portion of the Property without first obtaining the express written consent of Lender. As and whenever requested by Borrower, such approval will not be unreasonably delayed or withheld by Lender . Any such unconsented to financing shall constitute a material breach of this Agreement. Further, during any Lender approved refinancing or subsequent encumbrance, Lender shall be provided ALTA title insurance or endorsements acceptable to Lender , at the cost and expense of Borrower. Said written consent shall be at Lend er’s sole discretion. Without the express written consent of Lender such subsequent financing is void. As used in this Agreement, the approval of the Lender shall mean the approval of the CEO of the Lender.

5. Funding
. Lender ’s obligation to fund the Loan shall be and is specifically conditioned upon the Lender approving all documents with respect to Borrower’s acquisition of the Property, the Lender approving the preliminary title reports concerning the Property , payment of al l taxes due and payable on the Property , issuance of an ALTA Lender ’s policy insuring the Loan satisfactory to the Lender, satisfaction of all conditions precedent to Lender ’s obligation to fund the Loan contained in this Agreement, and satisfaction of those conditions set forth in Section 15 of this Agreement.

6. Affordability Restrictions
. The obligation of Lender to make and fund the Loan hereunder is subject to the execution , and recordation of the Declaration against the Property. At Closing, the Declaration shall be recorded subordinate to all monetary liens on the Property . The

5 Declaration shall be binding and enforceable against all heirs, successors and assigns of Borrower.

Borrower acknowledges that Lender is funding the Loan entirely from Lender’s Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the California Health and Safety Code. Borrower agrees that all of the Loan shall be used for purposes that are eligible under the applicable provisions of the California Health and Safety Code , whether or not specifically referenced in this Agreement. Borrower agrees that all of the Loan shall be used for purposes that are eligible under the applicable provisions of the California Community Redevelopment Law .

Any default under the Declaration, which continues uncured after any applicable notice and cure period provided in the Declaration, shall be a default under this Agreement, the Note and the Deed of Trust.

7. No Partnership or Joint Venture
. The relationship between Lender and Borrower created by this Agreement shall not be one of partnership or joint venture, but rather shall be one of secured lender and borrower.

8. Insurance
. Borrower shall take out and maintain during the term of the Declaration, and shall cause its contractor s and subcontractors to take out and maintain until completion of the Rehabilitation, a comprehensive general liability policy in the amount of not less than $2,000,000 combined single limit policy for the contractor and not less than $1,000,000 combined single limit policy for subcontractors, and a comprehensive automobile liability poli cy in the amount of $2,000,000 combined single limit for the contractor and not less than $1,000,000 combined single limit policy for subcontractors, or such other policy limits as the Lender may approve at its discretion, including contractual liability, as shall protect Borrower, Lender from claims for such damages. Such policy or policies shall be written on an occurrence form. Borrower shall also furnish or cause to be furnished to Lender evidence satisfactory to Lender that Borrower, and any contractor with whom it has contracted for the performance of work on the Property or otherwise pursuant to this Agreement, carries workers’ compensation insurance as required by law.

Borrower shall furnish a certificate of insurance countersigned by an authorize d agent of the insurance carrier on a form approved by Lender setting forth the general provisions of the insurance coverage. This countersigned certificate shall name Lender and its councilmembers, officers, agents, and employees as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status.

Coverage provided hereunder by Borrower shall be primary insurance and not be contributing with any insurance main tained by Lender , and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of the Lender.

9. Assignability
.

(a) Borrower shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Lender. Any assignment without the prior written consent of the Lender shall be voidable, at the election of the Lender.

6 (b) Borrower shall not revoke or rescind its Articles of Incorporation or convert to any other type of entity without the prior written consent of Lender.

10. Borrower Liability. The Borrower shall be responsible for all injuries to persons and/or all damages to real or personal property of the Lender or others, caused by or resulting from the negligence and/or breach of this Agreement, by Borrower, Borrower’s employees, contractors, subcontractors and/or Borrower’s agents during the course of the Rehabilitation and/or the breach of this Agreement, except those arising from the sole active negligence or sole willful misconduct of the Lender. Borrower shall defend and hold harmless and indemnify the Lender and all of its councilmembers, agents, officers, representatives, directors and employees from all liabilities, causes of action, demands costs, damages, judgments, expenses and claims (collectively “Claims”) by any person resulting from the negligence and/or breach of this Agreement, by Borrower, Borrower’s employees, contractors, subcontractors and/or Borrower ’s agents, arising out of the Rehabilitation and/or the breach of this Agreement. Borrower shall defend any Claims, at the sole cost and expense of Borrower, with counsel of the indemnified party’ s choosing, provided that Borrower’s obligation with respect to fees of indemnified party’s counsel shall be limited to reasonable fees.

11. Ownership of M aterials and D ocuments
. Any and all sketches, drawings, tracings, field
survey notes, computations, plans, details and other materials and documents prepared by or on behalf of Borrower pertaining to the Property shall be the property of Lender upon a default by Borrower. Borrower shall deliver such materials and documents to Lender whenever requested to do so by Lender. Notwithstanding the foregoing, the Lender’s rights to the materials delineated in the immediately preceding sentence shall be subordinate to the rights of any senior institutional lender with respect to the same. Lender shall have the right to have duplicate copies of such materials and documents for their file, at the cost and expense of Lender, upon written request even if Borrower is not in default under the terms of this Agreement.

12. Indemnification
.

(a) Environmental Indemnity
. Borrower agrees to indemnify, defend and hold the
Lender and all of its councilmembers, agents, officers, representatives, directors and employees (“Indemnified Parties”) harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, reasonable attorneys’ fees), resulting from, arising out of, or based upon any of the following: (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Property , or (ii ) the violation, or alleged violation, of any applicable statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Property . The indemnification of the Indemnified Parties by Borrower set forth in this Section 12 shall apply regardless of when the Hazardous Materials came to be on, under, in or about the Property , including without limitation whether the Hazardous Materials came to be on, under, in or about the Property prior to Borrower’s acquisition of an interest in the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, or

7 parallel indemnity arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. The indemnity provided in this Section 12 does not include any condition arising solely as a result of the gross negligence or affirmative acts of the Indemnified Parties .

Notwithstanding anything contained in this Agreement to the contrary, Borrower ’s duty to indemnify the Indemnified Parties as set forth in this Section 12 shall survive and remain an outstanding obligation of Borrower after termination of this Agreement.

(b) General Indemnity
.

(1) Definitions.

(A) Claims. “Claims” means any Claims as set forth in Section 10, above, or any and all threatened, pending or completed claims, actions, suits, proceedings, arbitrations, grand jury proceedings or investigations, damages, liabilities, injunctive relief, injuries to person or property, fines, penalties, causes of action, losses, costs, expenses and judgments whether civil, criminal, administrative or investigative, and any one or more appeals therefrom.

(B) Expenses
. “Expenses” means reasonable attorneys’ fees, retainers, court costs, staff time, transcripts, reasonable fees of ex perts, reasonable witness fees, arbitration fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees and all and all other direct or indirect costs and disbursements associated with any Claims, including without limitation expenses of establishing a right to indemnification under this Section 12.

(C) Indemnified Parties
. “Indemnified Parties” means the Lender and
all of its councilmembers, agents, officers, representatives, directors and employees (individually an “Indemnified Party”).

(D) Liabilities
. “ Liabilities” means the obligations (including an
obligation incurred by way of settlement) to pay any judgment, settlement, penalty, interest, assessment, Claim, cost, expert witness fee and award of attorneys’ fees.

(2) Indemnification
. Borrower hereby agrees to indemnify, protect and hold harmless the Indemnified Parties from and against any and all Claims incurred by or asserted against any Indemnified Party, which arise directly or indirectly, in whole, in part or in any way, from the Loan, the Property, the Rehabilitation, the Affordable Unit or from any other approval or action whatsoever in connection with the Property or the Rehabilitation, except to the extent of the gross negligence or willful misconduct of an Indemnified Party.

(3) Payment of Liabilities and Expenses
. Borrower further agrees to pay any
and all Liabilities and Expenses incurred by any and all Indemnified Parties with respect to any

8 Claims which arise directly or indirectly, in whole, in part or in any way from the Loan, the Property, the Rehabilitation, the Affordable Unit or from any other approval or action whatsoever in connection with the Property, except to the extent of the gross negligence or willful misconduct of an Indemnified Party.

(4) Separate Rights of Action. A separate right of action hereunder shall arise each time an Indemnified Party acquires knowledge of any matters described herein. Separate and successive actions may be brought here under to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action.

(5) Right to Defend. Each Indemnified Party shall have the right, but not the obligation, to conduct its own defense with respect to any Claims and to retain legal counsel of its own choosing. Borrower shall pay for or reimburse any such Indemnified Party for any and all Expenses and Liabilities incurred by such Indemnified Party, as such Expenses and Liabilities are incurred. An Indemnified Party’s election to defend itself as provided in this Section, shall not in any way limit the Borrower’ s obligation to reimburse and pay for any and all Liabilities and Expenses incurred by the Indemnified Parties with respect to any Claims; provided, however, any Indemnified Party may elect in its sole discretion to demand that the Borrower defend and pay all Expenses with respect to any Claims, provided the Claims if determined adversely to such Indemnified Party, would be covered by the foregoing indemnification provisions. Upon any such demand by any Indemnified Party, Borrower shall defend and pay all Expenses and Liabilities with respect to such Claims; such defense shall be at the Borrower’s sole cost and expense and by counsel reasonably approved by such Indemnified Party.

(6) Survival
. Borrower’ s duty to indemnify shall survive and remain an outstanding obligation of Borrower upon the termination of this Agreement.

13. Termination
. This Agreement and the relationship created herein shall terminate upon full satisfaction of all of Borrower ’s obligations, and those of Borrower’s successors, if approved by the Lender, under this Agreement. The obligations of Borrower include, but are not limited to, those obligations arising under the Declaration, the provisions of which shall survive repayment of the Loan.

14. Default by Borrower
.

(a) Notwithstanding anything to the contrary set forth herein, in the event of a material default by Borrower in the performance of any of the terms, covenants and conditions contained in this Agreement, the Note, the Deed of Trust or the Declaration after expiration of the cure period set forth in Section 14(b) or 14(c) hereof, or as a result of a default past any applicable notice and cure period under any prior or junior note secured by an encumbrance on the Property or any portion of it, or any note or deed of trust given in conjunction herewith, or in the event of the filing of a b ankruptcy proceeding by or against Borrower which is not dismissed within one hundred twenty (120) days, all sums disbursed or advanced by Lender , plus interest, shall at the option of Lender immediately become due and payable and Lender shall have no obligation to disburse any further funds, or otherwise, and Lender shall be released from any and all obligations to Borrower

9 under the terms of this Agreement. These remedies shall be in addition to any and all other rights and remedies available to Lender, either at law or in equity.

(b) If a non-monetary event of default occurs under the terms of this Agreement, the Note, the Deed of Trust or the Declaration, prior to exercising any remedies hereunder or thereunder, the Lender shall give Borrower written notice of such default indicating in reasonable detail the nature of the default. If the default is capable of being cured within ninety (90) calendar days after such notice is received or deemed received, Borrower shall have such period to effect a cure prior to exercise of remedies by the Lender. If the default is such that it is not capable of being cured within ninety (90) days in the Lender’s reasonable discretion and Borrower (i) initiates corrective action within said period, and (ii) diligently and in good faith works to effect a cure as soon as possible, then Borrower shall have such additional time as the Lender determines, in its reasonable discretion, is necessary to cure the default prior to exercise of any remedies by the Lender. If such default is not timely cured, then the Lender may proceed with all or any of its rights and remedies as set forth herein, in the Declaration and/or the Deed of Trust.

(c) In the event of any monetary default by the Borrower under the terms of this Agreement, the Note, the Deed of Trust or the Declaration, the Lender shall give Borrower a thirty (30) day written notice of default, during which time the Borrower shall have the ability to cure the monetary default. If the default is not timely cured, the Lender may proceed with all rights and remedies under the terms of the Loan or at law.

15. Conditions to Lender Obligations
. The obligation of Lender to make and fund the Loan is subject to satisfaction of all of the conditions set forth in this Section 15, which may be satisfied concurrently with Closing.

(a) Closing on the Property
. The Borrower shall have acquired, or will concurrently with the Closing acquire, the Property.

(b) Execution of Documents
. This Agreement, the Note, Deed of Trust and
Declaration, fully executed by the Borrower, shall have been delivered to the Escrow Agent along with all other fully executed security documents and instruments provided for herein and/or as required by Lender.

(c) Commitment to Issue Title Policy
. The Escrow Agent shall be irrevocably
committed to issue and deliver to the Lender a standard f orm ALTA Lender ’s Policy of Title Insurance, insuring Lender’s security interest in the Property under the Deed of Trust in an amount equal to the original principal amount of the Loan . Which ALTA Lender ’s Policy of Title Insurance shall be paid for by Borrower.

(d) Compliance with Obligations
. Borrower shall have strictly complied with, and
performed, all terms and conditions of the documents executed by Borrower in connection with this Agreement and the Loan.

10 (e) Insurance Certificates. Borrower shall have delivered all certificates of insu rance and additional insured endorsements.

(f) Agreement on Scope of the Rehabilitation . The Borrower and Lender shall have agreed to the scope of the Rehabilitation.

(g) Additional Conditions
. Such other conditions as Lender shall reasonably request.

16. Borrower’s Representations and Warranties
. Borrower represents and warrants to the
Lender that:

(a) Borrower is a validly and lawfully formed corporation, is in good standing under California law and will remain such for the term of this Agreement.

(b) Execution of this Agreement, the Deed of Trust , Declaration and all other documents executed in conjunction herewith have been duly authorized by resolution of the Borrower, and such execution shall not result with the passage of time or the giving of notice or both in breach of or in acceleration of performance under any contract or document t o which Borrower may be a party.

(c) All required approvals have been obtained in connection with Borrower’s execution of this Agreement, and all related instruments, agreements and documents to the effect that no breach of or acceleration of performance under any agreement or document to which Borrower is a party will result from such execution.

(d) Funds advanced by Lender pursuant to the Loan : (i) are advanced wholly for the benefit of Borrower; (ii) shall be used solely to fund acquisition and other project costs as approved by the Lender. Unless otherwise prohibited by any applicable law, the Borrower shall be entitled to receive fees in the amount set forth on Exhibit A, attached hereto.

(e) Any default by Borrower under the terms of this Agreement shall not relieve Borrower from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to Lender, when such inaccuracies, defects and incomplete work are due to Borrower’s fault, including the fault of Borrower’s subcontractors, agents, partners, joint venturers and employees.

(f) Borrower shall comply with the Declaration at all times during the term of the Declaration.

17. Performance Milestones
. Subject to force majeure, Borrower shall satisfy all of the requirements set forth in this Section 17 on or before the dates set forth below, failure to do so shall be a default under this Agreement. Any of the foregoing deadlines shall be extended during the duration of any force majeure events and in addition may be extended by mutual agreement of the Borrower and the CEO of the Lender or his/her designee and any approval by the Lender se t forth in this Section means the approval of the CEO of the Lender or his/her designee , and at no point shall Lender’s approval be unreasonably withheld or delayed. Force majeure shall include,

11 but shall not be limited to, acts of God, labor strikes, war, riots, insurrection, lock- outs, floods, earthquakes, fires, casualties, acts of the public enemy, epidemics, quarantine restrictions, supply chain disruptions, freight embargoes, lack of transportation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub- contractor or supplier, or any causes beyond the control and without the fault of the Borrower.

(a) Acquisition
. Borrower shall close the Escrow and acquire the Property on or before _________.

(b) Building Permits
. Borrower shall obtain building permits for the Rehabilitation on or before _________. The execution of this Agreement does not constitute the granting by the City of Baldwin Park of any required building permits, land use permits, entitlements or approvals.

(c) Rehabilitation Commencement
. Borrower shall commence the Rehabilitation on or
before _________. All costs of the Rehabilitation whatsoever shall be borne by Borrower, including without limitation the cost of planning, designing, developing and completing the Rehabilitation, as well as site preparation and grading.

(d) Completion of Rehabilitation
. Borrower shall complete the Rehabilitation
(evidenced by upon completion of the final inspection approval of the Affordable Unit by the building official of the City of Baldwin Park) on or before ________.

(e) Sales of Affordable Unit
. Borrower shall sell the Affordable Unit at a price which is affordable to, persons whose income is at or below eighty percent (80%) of the Area Median Income on or before _______.

18. Remedies
.

(a) Contract Governed by Laws of the State of California . This Agreement, the
performance of this Agreement, and all suits and special proceedings under this Agreement, shall be constituted in accordance with the laws of the State of California. In any action, special proceeding, or other proceeding that may be brought arising out of, under or because of this Agreement, the laws of the State of California and the United States, to the extent applicable, shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted.

(b) Standing, Equitable Remedies; Cumulative Remedies
. Borrower expressly agrees
and declares that Lender or any successor or public agency shall be the proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity, including but not limited to foreclosure under any security instrument securing performance hereunder, to enforce the provisions hereof and/or to recover damages for any default hereunder, which default continues uncured after any applicable notice and cure period, notwithstanding the fact that such damages or the detriment arising from such a default may have actually been suffered by some other person or by the public at large. Further, Borrower expr essly agrees that receivership,

12 injunctive relief and specific performance are proper pre-trial and/or post-trial remedies hereunder, and that, upon any default , which default continues uncured after any applicable notice and cure period, a receiver may be appointed by the c ourt to take control of the Property and to assure compliance with this Agreement. Nothing in this subparagraph, and no recovery to Lender, shall restrict or limit the rights or remedies of persons or entities other than Lender, against Borrower in connection with the same or related acts by Borrower. The remedies set forth in this Section are cumulative and not mutually exclusive, except the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction.

(c) Remedies at Law for Breach of Restrictions
. In the event of any default under the
Declaration, Lender shall be entitled to, in addition to any and all other remedies available at law or in equity: (i) declare the Loan to be all due and payable; and (ii) recover compensatory damages.

Interest shall accrue on the amount of such damages from the date of the breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less.

Nothing in this section shall preclude the award of exemplary damages as allowed by law.

(d) Expert Witness, Attorneys’ Fees, and Costs
. The parties agree that the prevailing
party in litigation for the breach and/or interpretation and/or enforcemen t of the terms of this Agreement shall be entitled to their reasonable expert witness fees, if any, as part of their costs of suit, and reasonable attorneys’ fees as may be awarded by the court, pursuant to California Code of Civil Procedure (“CCP”) Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998.

19. Monitoring of Activities.

Borrower agrees to allow Lender upon prior written notice and during regular business hours, such reasonable access to review and inspect Borrower’s activities under this Agreement as Lender shall require. Lender shall monitor Borrower’s activities without liability for said inspection and review.

20. Compliance With Laws.

(a) Labor R equirements. Borrower, the general contractor, and any and all subcontractors, shall pay prevailing wages for all work done with respect to the Project to the extent required by California law.

(b) Taxes and Assessments
. Borrower shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Property. Borrower shall remove or have removed any levy or attachment on any of the Property or any part thereof or assure the satisfaction thereof within a reasonable time.

(c) Liens and Stop Notices. Borrower shall not allow to be placed on the Property or any part thereof any lien or stop notice. If a claim of a lien or stop notice is given or recorded affecting the Property , Borrower shall, within thirty (30) days of such recording or service or within ten (10) days of Lender’s demand, whichever last occurs:

13 (1) pay and discharge the same;

(2) effect the release thereof by recording and delivering to Lender a surety bond in sufficient form and amount as approved by Lender in its sole discretion; or

(3) provide Lender with other assurance which Lender deems, in its sole discretion, to be satisfactory for the payment of such lien or bonded stop notice and for the full and continuous protection of Lender from the effect of such lien or bonded stop notice.

(d) Nondiscrimination in Employment.

Borrower certifies and agrees that all persons
employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related medical condition, medical condition (cancer related) or physical or mental disability, and in compliance with Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., the Federal Equal Pay Act of 1963, 29 U.S.C. Section 206(d), the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Section 1324b, et seq., 42 U.S.C. Secti on 1981, the California Fair Employment and Housing Act, Cal. Government Code Section 12900, et seq., the California Equal Pay Law, Cal.

Labor Code Section 1197.5, Cal. Government Code Section 11135, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., and all other anti -discrimination laws and regulations of the United States and the State of California as they now exist or may hereafter be amended. Borrower shall allow representatives of Lender access to its employment records related to this Agreement during regular business hours to verify compliance with these provisions when so requested by Lender.

21. Obligation to Refrain from Discrimination
.

(a) State and Federal Requirements
. Borrower shall, at all times during the term of this Agreement, comply with all of the affirmative marketing procedures adopted by Lender. Borrower shall maintain records to verify compliance with the applicable affirmative marketing procedures and compliance. Such records are subject to inspection by Lender during regular business hours upon five (5) days written notice. Borrower covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property , nor shall Borrower or any person claiming under or through it establish or permit any such practice or practices of discr imination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivi sion (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property or the rental, lease, sale of the Property. The foregoing covenants shall run with the Property.

14 (b) Additional Requirements. Borrower hereby agrees to comply with the Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations.

(c) Fair Housing Laws
. All activities carried out by Borrower and/or agents of Borrower shall be in accordance with the requirements of the Federal Fair Housing Act. The Fair Housing Amendments Act of 1988 became effective on March 12, 1989. The Fair Housing Amendments Act of 1988 and Title VIII of the Civil Rights Act of 1968, taken together, constitute the Fair Housing Act. The Fair Housing Act provides protection against the following discriminatory housing practices if they are based on race, sex, religion, color, handicap, familial status, or national origin: denying or refusing to rent housing, denying or refusing to sell housing, treating differently applicants for housing, treating residents differently in connection with terms and conditions, advertising a discriminatory housing preference or limitation, providing false information about the availability of housing, harassing, coercing or intimidating people from enjoying or exercising their rights under the Fair Housing Act, blockbusting for profit, persuading owner to sell or rent housing by telling them that people of a particular race, re ligion, etc., are moving into the neighborhood, imposing different terms for loans for purchasing, constructing, improving, repairing, or maintaining a home, or loans secured by housing; denying use or participation in real estate services, e.g., brokers’ organizations, multiple listing services, etc., The Fair Housing Act gives HUD the authority to hold administrative hearings unless one of the parties elects to have the case heard in U.S. District Court and to issue subpoenas. Both civil and criminal penalties are provided. The Fair Housing Act also provides protection for people with disabilities and proscribes those conditions under which senior citizen housing is exempt from the prohibitions based on familial status. The following State of Californi a Laws also govern housing discrimination and shall be complied with by Borrower: Fair Employment and Housing Act, Unruh Civil Rights Act of 1959, Ralph Civil Rights Act of 1976, and Civil Code Section 54.1.

(d) Nondiscrimination Covenants .

Borrower covenants by and for itself and any
successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability of any person in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Borrower or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall run with the land. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:

15 national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.”

(2) Leases
. In leases “The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through i t, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased.”

(3) Contracts
. In contracts for the rental, lease or sale of the Property or any dwelling unit “There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land.”

22. General Provisions
.

(a) Involvement of Lender in Legal Proceedings
. Lender shall have the right to
commence, to appear in, or to defend any action or proceeding purporting to affect the rights or duties of the parties hereunder or the payment of any funds in connection with this Loan and to pay out of funds not yet disbursed, necessary expenses, employ counsel and pay its fees, all of which the undersigned, jointly and severally, agree to repay to Lender upon demand. Provided, however, such costs and expenses shall not be due and owi ng to Lender, if they are incurred as a result of the breach of this Agreement by Lender or the Lender’s negligence or willful misconduct.

(b) Books and Records
. Borrower shall require that the general contractor maintain complete and accurate books and records showing all of the income and disbursements made in connection with the Rehabilitation, and such books and records shall be available for inspection and copy by Lender upon request and during regular business hours.

16 (c) Governmental Requirements Superior . All provisions of this Agreement and all the other documents relating to the Loan shall be subject and subordinate to any and all applicable federal, state and local statutes, regulations and ordinances and shall be subject to modification to comply therewith.

(d) Notices. All notices under this Agreement shall be in writing and sent ( i) by certified or registered U.S. mail, return receipt requested, (ii) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, (iii) by personal delivery or (iv) via email. All notices shall be effective upon receipt (or refusal to accept delivery). All notices shall be delivered to the following addresses, or such other addresses as changed by any party from time to time by written notice to the other parties hereto:

Lender: c/o City of Baldwin Park
Attn: Ron Garcia
14403 East Pacific Avenue
Baldwin Park, CA 91706
Email: [email protected]

Copy to: Christensen & Spath LLP
401 West A Street, Suite 2250
San Diego, CA 92101
Email: [email protected]

Borrower: c/o San Gabriel Valley Habitat for Humanity, Inc.

Attn: ______________
724 East Huntington Drive
Monrovia, CA 91016
Email: ____________

(e) Severability
. If any provision of this Agreement is deemed to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this Agreement and the remaining provisions shall continue in full force and effect.

(f) Nonwaiver of Lender ’s Rights . No right, remedy, or power of Lender in this Agreement shall be deemed to have been waived by any act or conduct on the part of Lender or by any failure to exercise or delay in exercising such right, remedy, or power. Every such right, remedy or power of Lender shall continue in full force and effect until specifically waived or released by an instrument in writing executed by Lender.

(g) Entire Agreement. This Agreement and the other loan documents contain the entire understanding between the parties concernin g the subject matter contained herein . There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed and/or referred to herein.

17 (h) Recitals Incorporated. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference.

(i) Construction of Agreement. The provisions contained in this Agreement shall not be construed in favor of or against either party but shall be construed as if both parties contributed equally to its preparation. This Agreement shall be construed in accordance with the laws of the State of California.

(j) Lender Not Liable for Acts of Omissions of Borrower or Others . Lender shall in no way be liable for any acts or omissions of Borrower, any agent or contractor employed by Borrower, or any person furnishing labor and/or materials used in or related to the Rehabilitation.

(k) Time of the Essence . Time is of the essence of this Agreement and of each and every provision hereof. The waiver by Lender or Borrower of any breach or breaches hereof shall not be deemed, nor shall the same constitute, a waiver of any subsequent breach or breaches.

(l) Assignment. Borrower shall not assign Borrower’s rights nor delegate Borrower’s duties under this Agreement without the prior written consent of Lender . Any attempt at the assignment or delegation in violation of this section shall be void.

(m) Participation. Borrower shall cause the fact that Lender has provided funds to the Property to be referenced in all project designation placards placed on the Property or other sites, as approved in advance, by Lender . The design, content and format of the project placards are subject to the written approval of the CEO of Lender or his/her designee. Lender, at the Lender’s sole option, reserves the right to request, in writing, that the references to the participation of Lender not be included in any, or all, advertisements, press releases, brochures, information sheets, and/or project designation placards.

(n) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart.

(o) Waiver and Amendment . No provision of this Agreement , or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach of the same or other provision.

Except as otherwise provided herein, this Agreement may be amended, modified or rescinded only in writing signed by Borrower and the CEO of Lender.

(p) Capacity and Authority. All individuals signing this Agreement for a pa rty which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the Lender that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing.

18 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above.

BORROWER:

San Gabriel Valley Habitat for Humanity, Inc ., a California nonprofit public benefit corporation (or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.)

By:__________________________________
Print Name:___________________________
Its:__________________________________

[SIGNATURES CONTINUED ON FOLLOWING PAGE]

19 LENDER:

City of Baldwin Park acting solely in its capacity as the designated successor housing agency to the former Community Development Commission of the City of Baldwin Park

By:__________________________________
Enrique C. Zaldivar
Chief Executive Officer

20 Exhibit A

Notice of Fees Charged by Borrower for Project Development/Rehabilitation San Gabriel Valley Habitat for Humanity (“Borrower”) customarily builds the following fees into any new-construction or acquisition-rehabilitation project:

1. A Developer Fee, calculated at 6% of total development cost per project (for HOME- funded projects), or 5% of total development cost per project (for projects funded by sources other than HOME); and

2. An Administration Fee, calculated at 5% of City’s funding allocation for a specific project, regardless of funding source.

These fees are a routine element of Borrower ’s business model and are in line with industry standards for nonprofit affordable housing developers. The fees are included in Borrower’s pro forma for any individual pr oject and are integral to Borrower’s determination of a project’s financial viability.

Borrower plans to include these fees in each project to be developed under this Agreement.

Below are examples of how Borrower’s fees are determined for projects of different (hypothetical) costs and types.

Project Type (single
unit)
New-Build Acq-
Rehab
New-Build Acq-
Rehab
House Size 3BD 2BA 3BD 2BA 2BD 1BA 2BD 2BA
SGV Habitat Funds 374,950 376,250 250,000 300,000
HOME/Other
Public Funds
275,000 275,000 206,000 206,000
Total Sources 649,950 651,250 456,000 500,000
Acquisition Cost 120,000 550,000 120,000 500,000
Construction Cost 480,000 50,000 450,000 40,000
Project Cost Before
Fees
600,000 600,000 570,000 540,000
DEVELOPER FEE 36,000 37,500 34,200 32,400
ADMIN FEE 13,750 13,750 10,300 10,300
Total Project Cost 649,950 651,250 614,500 582,700
Combined Fees as %
of Total Project Cost

7.65% 7.87% 7.24% 7.33%

1 NO CHARGE ON THIS DOCUMENT

FOR THE BENEFIT OF THE CITY OF

BALDWIN PARK

Recording Requested By:

When Recorded Mail To:

City of Baldwin Park
Attn: Ron Garcia
14403 East Pacific Avenue
Baldwin Park, CA 91706

SPACE ABOVE THIS LINE FOR RECORDER’S USE

DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
(Low Mod)

THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (“Declaration”) is made as of this __ day of __________, 202__, by ___________________ (insert name of entity - San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.) (“Borrower”), in connection with that certain parcel of real property (“Property”) located in the City of Baldwin Park, County of Los Angeles, California, described in Exhibit “A” attached hereto and incorporated herein by reference.

RECITALS

A. Concurrently with the recordation of this Declaration, the City of Baldwin Park acting solely in its capacity as the designated successor housing agency to the former Community Development Commission of the City of Baldwin Park ( “Lender”) is funding a loan (“Low Mod Loan”) to Borrower evidenced by a promissory note (“Low Mod Note”). The Low Mod Loan is secured by a deed of trust (“Deed of Trust”) made by Borrower, as trustor, in favor of the Lender as beneficiary. The Lender is making the Low Mod Loan to aid Borrower in acquiring and rehabilitating the Property, which Property shall be resold to a first -time homebuyer as set forth herein.

B. The Deed of Trust and Low Mod Loan and were conditioned in part upon the recordation of this Declaration against the Property.

NOW, THEREFORE, Borrower hereby declares that the Property shall be subject to the covenants, conditions and restrictions set forth below:

1. Representations and Warranties of Borrower
. Borrower declares, represents and warrants
to the Lender and Borrower agrees that not later than one (1) year after the date this Declaration is recorded in the Office of County Recorder of Los Angeles , California , the Property shall be 2 conveyed by Borrower to one or more persons which persons shall collectively meet the following requirements (and which persons shall be referred to herein as, individually or collectively as the “Eligible Owner”):

(a) Annual Gross Income. The Eligible Owner’s annual gross income, including the income of any co- purchasers, at the time of the execution of this Declaration does not exceed eighty percent (80%) of the Area Median Income. “Area Median Income” means the median income for the Los Angeles -Long Beach-Glendale Metropolitan Statistical Area, as adjusted for family size, as said median income is determined by HUD.

(b) Principal Place of Residence. During the 15-year term of this Declaration (which 15-year term shall commence upon acquisition of the Prope rty by the first Eligible Owner), Property shall be occupied as the principal place of residence of the Eligible Owner. The Eligible Owner shall be considered as occupying the Property as a principal place of residence if the Eligible Owner is living i n the Property for at least ten (10) months out of each calendar year.

Each Eligible Owner agrees not to neglect, sublet, lease or rent out all or any portion of the Property during such period.

(c) Liquid Assets
. At the time of the acquisition of the Property by the first Eligible Owner, such Eligible Owner , including any co -purchasers, shall not hold, directly or indirectly, “liquid assets,” as defined below, whose aggregate value exceeds $10,000 for the first household member. As used herein, the term “liquid assets” refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term “liquid assets” shall not include retirement funds which are not readily accessible or which cannot be accessed by the buyer without the buyer incurring a penalty.

(d) Not a Full -Time Student
. The Eligible Owner shall not be, and none of the co- purchasers of the Eligible Owner shall be, a full-time student, or a household comprised exclusively of persons who are full -time students. The term “full- time student” shall be defined as any person who will be or has been a full -time student during five calendar months of the calendar year in question at an educational institution (other than a correspondence school) with regular faculty and students.

(e) Not a Student Dependent
. The Eligible Owner shall not be, and none of the co- purchasers of the Eligible Owner shall be , a student dependent as defined in the U.S. Internal Revenue Code.

(f) Not an Owner of Real Property
. The Eligible Owner shall not, and none of the co-
purchasers of Borrower shall, own any real property at the time of acquisition of the Property by the first Eligible Owner.

(g) Preference for Baldwin Park Residents
. Upon each sale of the Property by an
Eligible Owner, a preference shall be provided to households with at least one member who resides within the City of Baldwin Park, as that person’s primary place of residence, to the maximum extent allowed by law
3 2. Assumption of Note : Repayment of Low Mod Note. During the 15- year term of this Declaration, the Property may only be acquired by and the Low Mod Note may only be assumed by an Eligible Owner . Notwithstanding the foregoing, in the event that after the Property is conveyed by the Borrower to an Eligible Owner, such Eligible Owner (or any subsequent Eligible Owner) may convey the Property to the Borrower. In such event, the Borrower shall within a reasonable time thereafter convey the Property to a subsequent Eligible Owner and this Declaration shall continue to apply for the remaining duration of the term of this Declaration. It is expressly acknowledged that the covenants and restrictions set forth in this Declaration shall survive any repayment of the Low Mod Note.

3. Breach
.

(a) Curable Breach
. Notwithstanding Lender’s acceleration of the sums secured by the Deed of Trust due to the Eligible Owner’s or Borrower’s breach, the Eligible Owner or Borrower shall have the right to have any proceedings begun by Lender to enforce the Deed of Trust discontinued at any time prior to five (5) days before the sale of the Property pursuant to the power of sale contained in the Deed of Trust or at any time prior to entry of a judgment enforcing the Deed of Trust if:

(A) the Eligible Owner or Borrower pays Lender all sums which would be then due under the Low Mod Note and the Deed of Trust had no acceleration occurred;

(B) the Eligible Owner or Borrower cures all breaches of any other covenants or agreements of the Eligible Owner or Borrower, as applicable, contained in the Deed of Trust;

(C) the Eligible Owner or Borrower pays all reasonable expenses incurred by Lender and the trustee in enforcing the covenants and agreements of the Eligible Owner or Borrower, as applicable, contained in the Deed of Trust, including, but not limited to, reasonable attorneys’ fees; and

(D) the Eligible Owner or Borrower takes such action as Lender may reasonably require to assure that the lien of the Deed of Trust, Lender’s interest in the Property and the Eligible Owner’s or Borrower’s, as applicable, obligation to pay the sums secured by the Deed of Trust shall continue unimpaired.

Upon such payment and cure by the Eligible Owner or Borrower as set forth in this Section 3(a), the Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.

(b) Non-Curable Breach
. In the event of any conflict between any provision of Section 3(a), above, and this Section 3(b), the provision set forth in this Section 3(b) shall apply.

(1) Failure to Occupy/Renting Out the Property is a Violation of Law . The
Eligible Owner hereby acknowledges that the loan evidenced by the Low Mod Note and secured by the Deed of Trust was funded by Lender using funds from the Low and Moderate Income 4 Housing Fund established by Lender pursuant to Section 33334.3 of the California Health and Safety Code. The California Community Redevelopment Law (California Health and Safety Code §33000, et seq.) requires the Eligible Owner to occupy the Property as the Eligible Owner’s principal residence. Renting out the Property and/or the Eligible Owner’s failure to occupy the Property as the Eligible Owner’s principal residence is a violation of State of California law (in addition to being a violation of this Declaration ). Lender is obligated by Federal law to enforce the provisions of the California Community Redevelopment Law, Lender’s failure to do so would jeopardize Lender’s ability to obtain additional funds and help other low-income families to obtain affordable housing.

(B)
Failure to Occupy/Renting Out the Property Materially Impairs Lender’s Security. The Eligible Owner hereby acknowledges and agrees that renting out the Property and/or the Eligible Owner ’s failure to occupy the Property as the Eligible Owner ’s principal residence, materially impairs Lender’s security for the loan and Lender’s ability to obtain additional funds and help other low -income families to obtain affordable housing. The Eligible Owner further acknowledges that if the Property is rented out and/or the Eligible Owner fails to occupy the Property as the Eligible Owner’s principal residence, then during any such period the Property will not qualify as “affordable housing” and Lender may be in breach of its obligations under the California Community Redevelopment Law and therefore the Lender’s security for the loan will be materially impaired.

(D) Borrower’s Waiver
. The Eligible Owner hereby knowingly waives
and relinquishes any and all legal and/or contractual rights the Eligible Owner may have to cure or otherwise reinstate the Deed of Trust and the obligations secured thereby, in the event that Property is rented out and/or the Eligible Owner fails to occupy the Property as the Eligible Owner’s principal residence.

(E) Representation of Comprehension
. The Eligible Owner
acknowledges and agrees that Lender has advised the Eligible Owner (and each of them if there is more than one Eligible Owner) to retain an attorney to represent the Eligible Owner with respect to this Declaration. By acquiring the Property, the Eligible Owner (and each of them if there is more than one Eligible Owner ) represents that: (i) the Eligible Owner fully understands and accepts the terms of this Declaration, the Low Mod Note and Deed of Trust; (ii) the Eligible Owner has relied upon the legal advice of the Eligible Owner’s attorneys or that the Eligible Owner has freely and independently chosen not to seek the advice of an attorney; (iii) that neither the Lender nor its attorneys represents the Eligible Owner; (iv) that the Eligible Owner has had a full and ample opportunity to consult with any other professionals of the Eligible Owner’s choice in 5 connection with the rights and liabilities created by this Declaration, the Low Mod Note and Deed of Trust; (v) that the Eligible Owner does not have any questions with regard to the legal import of any term, word, phrase, or portion of this Declaration, the Low Mod Note and Deed of Trust, or any of the foregoing documents in their entireties; and (vi) the Eligible Owner accepts the terms of this Declaration, the Low Mod Note and Deed of Trust as written.

4. Term. The loan evidenced by the Low Mod Note and secured by the Deed of Trust was funded by Lender using funds from the Low and Moderate Income Housing F und established by Lender pursuant to Section 33334.3 of the California Health and Safety Code. The California Community Redevelopment Law (California Health and Safety Code §33000, et seq.) requirements apply from the date of recordation of the Deed of Trust and shall terminate 15 years from the date of acquisition of the Property by the first Eligible Owner.

5. Covenant Against Discrimination
.

(a) Basic Requirements. The Borrower and each Eligible Owner covenants on behalf of itself and its successors and assigns, and each succes sor in interest to the Property, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Borrower or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defi ned in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property or the rental, lease, sale of the Property. The foregoing covenants shall run with the Property.

(b) Nondiscrimination Covenants .

Borrower covenants by and for itself and any
successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disabili ty of any person in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Borrower or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of S ection 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall run with the land. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:

(1) Deeds
. In deeds “The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, 6 national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.”

That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased.”

(3) Contracts
. In contracts for the rental, lease or sale of the Property or any dwelling unit “There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease , sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the sel ection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land.”

6. Enforcement
. The Borrower and each Eligible Owner expressly agrees and declares that Lender or any successor public agency is a proper part y and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity to enforce the provisions hereof and/or to recover damages for any default hereunder and/or to enforce the terms of this Declaration.

Further, Lender or any successor public agency shall be the proper party to waive, relinquish, release or modify the rights, covenants, obligations or restrictions contained in or arising under this Declaration. Concurrently with the recordation of this Declaration, the Borrower is causing separate security instruments and restrictions (collectively the “Habitat Restrictions”) in favor of ___________________ (insert name of entity - San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.) to be recorded against the Property. In the event of a conflict between any provisions of this Declaration or the Deed of Trust and any provisions of the Habitat Restrictions, the provisions of this this Declaration and the Deed of Trust shall apply.

7. Attorneys’ Fees
. Upon the breach of the terms of this Declaration, the Low Mod Note or Deed of Trust, the Borrower or Eligible Owner, as applicable, agrees to pay Lender any and all 7 attorneys’ fees, court costs, trustee fees, and any and all other fees and costs incurred by Lender as a result of said breach and/or default.

8. Severability
. In the event that any provision or covenant of this Declaration is deemed to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this Declaration and the remaining provisions shall continue in full force and effect.

9. Covenants Run With The Land
. The covenants contained herein shall constitute
“covenants running with the land” pursuant to Civil Code Sections 1460, 1462, 1463, 1464, 1465, 1467 and 1468, to the extent applicable, and shall bind the Property and every person having an interest therein during the term of this Declaration, including Borrower, each Eligible Owner, and their successors, heirs and assigns. Borrower and each Eligible Owner agrees for itself and its successors that, in the event that, for any reason whatsoever, a court of competent jurisdiction determines that the foregoing covenants do not run with the land, such covenants shall be enforced as equitable servitudes against the Property. This Declaration shall inure to the benefit of and be binding upon the successors and assigns of Borrower, each Eligible Owner and the heirs, personal representatives, grantees, tenants, successors-in-interest or assigns of the owners.

10. Recordation
. This Declaration shall be recorded in the Office of County Recorder of Los Angeles, California.

11. Remedies Cumulative
. Lender shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any actions at law or suit in equity or other proper proceedings to redress the breach of agreement or covenant.

12. Headings
. The headings used in this D eclaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration.

13. Liberal Construction
. The provisions of this Declaration shall be liberally construed to effectuate its purpose. Failur e to enforce any provision of this Declaration shall not constitute a waiver of the right to enforce the provision later.

14. Number; Gender
. The singular shall include the plural and the plural the singular, unless the context requires the contrary; and the masculine, feminine and neuter shall include the masculine, feminine or neuter, as the context requires.

15. Exhibits
. Any exhibits referenced herein and attached to this Declaration are hereby incorporated by reference.

DECLARANT:

San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation

By:__________________________________
Print Name:___________________________
Its:__________________________________

8 ACKNOWLEDGMENT

State of California )
)
County of Los Angeles )

On _________________, 2022, before me, _________________________________, notary public, personally appeared ______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)

A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

9 EXHIBIT “A”

Legal Description of the Property

That certain real property located i n the City of Baldwin Park, County of Los Angeles , State of California more particularly described as follows:

1 NO CHARGE ON THIS DOCUMENT

FOR THE BENEFIT OF THE CITY OF

BALDWIN PARK

Recording Requested By:

When Recorded Mail To:

City of Baldwin Park
Attn: Ron Garcia
14403 East Pacific Avenue
Baldwin Park, CA 91706

DEED OF TRUST
(Low Mod)

THIS DEED OF TRUST (“Deed of Trust ”) is dated as of the __ day of ____, 202__, by ___________________ (insert name of entity - San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.) (“Trustor”), whose address is 724 East Huntington Drive, Monrovia, California 91016, Chicago Title Company (“Trustee”) and the City of Baldwin Park acting solely in its capacity as the designated successor housing agency to the former Community Development Commission of the City of Baldwin Park (“Beneficiary”), whose address is 14403 East Pacific Avenue, Baldwin Park, California 91706.

TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, that certain real property (“Property”) in the City of Baldwin Park , County of Los Angeles, State of California, described as:

(See Legal Description - Exhibit “A”)

FOR THE PURPOSE OF SECURING:

(a) Payment of the indebtedness evidenced by that certain Promissory Note of even date herewith executed by Trustor, in the principal sum of _______ and No/100 Dollars ($_________.00), and any renewal, extension, or modification of the promissory note (“Note”);

(b) Any additional sums and interest that may hereafter be loaned to the then record owner of the Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so secured;

(d) The performance of each agreement of Trustor under that certain Acquisition Rehabilitation Loan Agreement by and between Trustor and Beneficiary on file in the Office of Beneficiary (“Loan Agreement”); and
2 (e) The performance of each agreement and covenant of Trustor under that certain Declaration of Covenants, Conditions and Restrictions of even date herewith and recorded concurrently herewith affecting the Property (“Declaration”).

A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:

1. Maintenance and Repair. To keep the Property in good condition and repair, normal wear and tear excepted; not to remove or demolish any buildings on the Property; to complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged, or destroyed on the Property; to pay when due all claims for labor performed and materials furnished for the Prop erty; to comply with all laws affecting the Property or requiring any alterations or improve ments to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer, or permit any act upon the Property in violation of law; and to cultivate, irrigate, fertilize, fumigate, prune, and do all other acts that from the character or use of the Property may be reasonably necessary.

2. Fire Insurance
. To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. Subject to the rights of any senior lenders, the amount collected under any fire or other insurance policy may be applied by Beneficiary to any amounts secured by this Deed of Trust and in any order determined by Beneficiary, or at the option of Beneficiary the entire amount so collected or any part of that amount may be released to Trustor. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice.

Notwithstanding the foregoing, in the event of any fire or other casualty to the Property, Trustor shall have the right to rebuild the Property, and to use all available insurance pr oceeds therefor, provided that (a) such proceeds are sufficient to rebuild the Property in a manner that provides adequate security to Beneficiary for repayment of the indebtedness secured hereby or if such proceeds are insufficient then Trustor shall have funded any deficiency, (b) Beneficiary shall have the right to approve (which shall not be unreasonably withheld or delayed) plans and specifications for any major rebuilding and the right to approve (which shall not be unreasonably withheld or delayed) d isbursements of insurance proceeds for rebuilding under a construction escrow or similar arrangement, and (c) no material default then exists hereunder or under the Loan Agreement, Declaration or Note. If the casualty affects only part of the Property and total rebuilding is not feasible, then proceeds may be used for partial rebuilding and partial repayment of the indebtedness secured hereby in a manner that provides adequate security to Beneficiary for repayment of the remaining indebtedness secured hereby.

3. Defense of Security
. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys’ fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust.

3 4. Payment of Liens and Taxes. To pay all taxes and assessments affecting the Property prior to such payments becoming delinquent , including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust ; and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust , then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers:
to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust ; to employ counsel; and to pay necessary expenses and costs, including reasonable attorneys’ fees.

5. Reimbursement of Costs
. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any statement regarding the obligation secured by this Deed of Trust.

6. Use
. That Trustor will not permit or suffer the use of any of the Property for any purpose other than the use set forth in the Loan Agreement and Declaration.

7. Incorporation of Agreements
. The Loan Agreement , Note and Declaration are
incorporated herein by reference and made a part of this Deed of Trust, although not attached.

Copies are on file in the office of the Beneficiary.

8. Performance of Other Obligations
. To perform, in a timely manner, the obligations of
Trustor under the Loan Agreement, Note, Declaration and each other agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust . A default in any of these obligations after the expiration of any applicable notice or cure period pursuant to the Loan Agreement, Note or Declaration shall constitute a default under this Deed of Trust.

B. THE PARTIES AGREE THAT:

9. Condemnation Award
. Any award of damages in connection with any taking or condemnation, or for injury to the P roperty by reason of public use, or for damages for private trespass or injury to the Property, is hereby assigned and shall be paid to Beneficiary ( subject to the rights of any senior lenders ), as its interest may appear as further security for all obliga tions secured by this Deed of Trust. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, but shall apply or release them in the same manner and with the same effect as provided in Section 2 of this Deed of Trust for the disposition of proceeds of fire or other insurance.

4 10. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any amounts secured by this Deed of Trust.

11. Trustee’s Powers
. Upon written request of Beneficiary, Trustee may (a) reconvey all or any part of the Property; (b) consent to the making and recording, or either, of any map or plat of all or any part of the Property; (c) join in granting any easement on the Property; or (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust . Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person with respect to the obligations secured by this Deed of Trust , or the lien of this Deed of Trust on the remaining property as security for the repayment of the full amount secured by this Deed of Trust.

12. Reconveyance
. Upon expiration of the term s of the Declaration and Deed of Trust and written request of Beneficiary, and payment of Trustee’s fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as “the person or persons legally entitled thereto.”

13. Assignment of Rents
. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default, which continues beyond any applicable notice and cure periods, by Trustor in payment of any amounts secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such uncured default, Beneficiary may, without notice and without regard to the adequacy of the security for the amounts secured by this Deed of Trust , either per sonally or by agent or court - appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys’ fees), upon any amounts secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice.

14. Default; Foreclosure
. Upon material default by Trustor in the payment of any amounts secured by this Deed of Trust or in the performance of any obligation under the Loan Agreement, Note, Declaration or this Deed of Trust, after the expiration of any and all applicable notice or cure periods, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, 5 either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale.

Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveyi ng the Property sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trus tee, or Beneficiary, may purch ase at the sale.

After deducting all costs, fees, and expenses of Trustee and Beneficiary under this section , including costs of procuring evidence of title incurred in connection with the sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds.

15. Obligation to Sell and Assumption on Sale
. Trustor declares, represents and warrants to
the Beneficiary and Trustor agrees that not later than one (1) year after the date this Deed of Trust is recorded in the Office of County Recorder of Los Angeles, California, the Property shall be conveyed by Trustor to one or more persons which meet the definition of “Eligible Owner,” as set forth in the Declaration. During the terms of the Loan Agreement, Note and Declaration, this Deed of Trust shall be assumed by each Eligible Owner that acquires the Property.

16. General Provisions
. This Deed of Trust applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term “Benefici ary” shall mean the holder and owner, including pledgee, of the Note, whether or not name d as a beneficiary in this Deed of Trust , and the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.

17. Acceptance by Trustee
. Trustee accepts this Deed of Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a par ty unless brought by Trustee.

18. Substitution of Trustees
. B eneficiary, or any successor in ownership of any obligations secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee na med in or acting under this Deed of Trust . The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the succes sor Trustee or Trust ees. Any successor Trustee or Trustees shall, without conveyance from the predecessor Trustee, succeed to all its title, estate, rights, powers, terms, obligations and duties.
6 19. Cumulative Powers and Remedies . The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary.

20. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee’s deed, or any other instrument executed by Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust , shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions. Further, the recitals shall be binding and conclusive upon Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons.

21. Attorneys’ Fees
. If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys’ fees; and these sums shall be secured by this Deed of Trust.

22. Co-Trustees
. If two or more persons are designated as Trustee in this Deed of Trust , any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor’s heirs and assigns.

23. Request for Notices of Default and Sale
. In accordance with Section 2924b of the
California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under any deeds of trust executed by Trustor concerning the Property be mailed to:

c/o City of Baldwin Park
Attn: Ron Garcia
14403 East Pacific Avenue
Baldwin Park, CA 91706

NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded.

24. Inspections
. Trustor shall permit Beneficiary and its agents or representatives, to inspe ct the Property, subject to the rights of purchaser(s), at any and all reasonable times during business hours and upon reasonable advance notice . Inspections shall be conducted so as not to interfere with the owner(s)’ use and enjoyment of the Property or the general operation of the Property.

25. Hazardous Materials Defined
. For purposes of this Deed of Trust, “Hazardous Materials” mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic 7 substances and any materials or substances defined as hazardous materials, hazardous substances or toxic substan ces in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), as amended (42 U.S.C. §9601, et seq .), the Hazardous Materials Transportation Act (49 U.S.C. §1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), and those substances defined as hazardous wastes in §25117 of the California Health and Safety Code or as hazardous substances in §25316 o f the California Health and Safety Code or in any regulations promulgated under either such law, any so-called “Superfund” or “Superlien” law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect.

26. Trustor’s Hazardous Materials Representations and Warranties and Indemnity . In addition
to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows:

(a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part there of, or any property adjacent thereto, has ever been used (whether by Trustor or, to the best knowledge of Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials. “Hazardous Materials” for purposes of this Section 26 shall not include substances typically used in the ordinary course of developing, operating and maintaining apartment complexes in California or small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties , provided that such substances are used in accordance with all applicable laws.

(b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazar dous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or c laims asserted or arising under CERCLA, any so- called “Superfund” or “Superlien” law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor. The foregoing indemnification shall not apply to any liability resulting from (i) an event that occurs after a transfer of the Property due to any foreclosure sale (judicial or nonjudicial) or a deed in lieu of foreclosure, or (ii) acts or omissions of Beneficiary or its agents.

8 (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials (“Hazardous Discharge”) affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property (“Environmental Complaint”) from any person or entity, including, without limitation, the United States Environmental Protection Agency (“EPA”). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral or written notice of same to Beneficiary.

(d) Without limitation of Beneficiary’s rights under this Deed of Trust , Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Com plaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust . All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights s hall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the Note.

(e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by satisfaction of the obligations secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release.

27. Authority to Sign
. All individuals signing this Deed of Trust for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the Beneficiary that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing.

TRUSTOR:

San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation (or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.)

By:__________________________________
Print Name:___________________________
Its:__________________________________
9 ACKNOWLEDGMENT

State of California )
)
County of Los Angeles )

On ____________________, 202__, before me, _________________________________, notary public, personally appeared __________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify un der penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal) A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness,
accuracy, or validity of that document.

10 Exhibit “A”

Property Description

That certain real property situated in the City of Baldwin Park, County of Los Angeles , State of California, described as follows:
1 PROMISSORY NOTE
(“Low Mod Note”)

_______________ , 202__

Property Address: , Baldwin Park, California (“Property”)

1. Borrower’s Promise to Pay. In return for a loan (“ Low Mod Loan”) that the undersigned ___________________ (insert name of entity - San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.) (“Borrower,” which term shall also mean any successor in interest to the Borrower’s interest in the Property) has received, Borrower promises to pay U.S. Dollars ($ ) to the order of the lender, City of Baldwin Park acting solely in its capacity as the designated successor housing agency to the former Community Development Commission of the City of Baldwin Park (“Lender”). Borrower acknowledges and agrees that Lender may transfer this Low Mod Note. Lender or anyone who takes this Low Mod Note by transfer and who is entitled to receive payments under this Low Mod Note will be called the “ Note Holder.” In addition to the protection given to the Note Holder under this Low Mod Note, this Low Mod Note shall be secured by a deed of trust (“Deed of Trust”) made by Borrower in favor of the Lender and recorded as an encumbrance against the Property.

2. Compliance with Health and Safety Code Requirements. Borrower acknowledges that Lender is funding the Loan entirely from Lender’s Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the California Health and Safety Code. Borrower agrees that all of the Loan shall be used for purposes that are eligible under the applicable provisions of the California Health and S afety Code . The Borrower shall comply with all applicable requirements of the California Community Redevelopment Law (Health & Safety Code Section 33000, et seq.).

3. 3% Deferred Interest. This Low Mod Note shall accrue simple interest at the rate of 3% per annum. Provided, however, in the event Borrower defaults under the terms of this Low Mod Note, the Deed of Trust, the Declaration of Covenants, Conditions and Restrictions (“Declaration”) of even date herewith and recorded concurrently herewith aff ecting the Property, or any other document secured by the Declaration, Deed of Trust and/or the Property, then Borrower shall owe Lender the “Default Interest.” “Default Interest” means interest accrued from the date of this Low Mod Note, in an amount equal to ten percent (10%) simple interest per annum.

4. Payments; Deemed Satisfaction. No payments shall be due hereunder, except in the event of a Breach of this Low Mod Note (as set forth in Section 5, below). In the event of an uncured Breach, Borrower shall pay all principal and all accrued interest (including default interest), in one lump sum to Lender at Lender’s offices located at 14403 East Pacific Avenue , Baldwin Park , California 91706, or such other place as designated by Lender. If no uncured Breach has occurred during the period commencing on acquisition of the Property by the first Eligible Owner (as defined in the Declaration) and ending fifteen (15) years thereafter (“Term”), then all of t he Borrower’s obligations under this Low Mod Note shall be deemed satisfied. 2 5. Breach.

(a) Acceleration, Remedies. Upon Borrower’s breach this Low Mod Note, the Deed of Trust, Declaration or any other document secured by the Declaration, Deed of Trust and/or the Property (each a “Breach”), Lender shall give notice to Borrower prior to acceleration, such notice shall include:

(1) a description of the Breach;

(2) the action required to cure such Breach (if any);

(3) a date, not less than ten (10) days from the date the notice is mailed to Borrower, by which such breach must be cured; and

(4) a statement that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by the Deed of Trust and sale of the Property.

The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the Breach is not cured on or before the date specified in the notice, Lender, at Lender’s option, may declare all of the sums secured by the Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and a ny other remedies permitted by applicable law, as provided in and pursuant to the procedure set forth in the Deed of Trust. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 6, including, but not limited to, reasonable attorneys’ fees.

(b) Reinstatement.

(1) Curable Breach . Notwithstanding Lender’s acceleration of the sums secured by the Deed of Trust due to a Breach, Borrower shall have the right to have any proceedings begun by Lender to enforce the Deed of Trust discontinued at any time prior to five (5) days before the sa le of the Property pursuant to the power of sale contained in the Deed of Trust or at any time prior to entry of a judgment enforcing the Deed of Trust if:

(A) Borrower pays Lender all sums which would be then due under this Low Mod Note and the Deed of Trust had no acceleration occurred;

(B) Borrower cures all Breaches of any other covenants or agreements of Borrower contained in the Deed of Trust;

(C) Borrower pays all reasonable expen ses incurred by Lender and the trustee in enforcing the covenants and agreements of Borrower contained in the Deed of Trust, including, but not limited to, reasonable attorneys’ fees; and 3 (D) Borrower takes such action as L ender may reasonably require to assure that the lien of the Deed of Trust, Lender’s interest in the Property and Borrower’s obligation to pay the sums secured by the Deed of Trust shall continue unimpaired.

Upon such payment and cure by Borrower as set forth in this Section 5(b)(1), the Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.

(2) Non-Curable Breach. In the event of any conflict between any provision of Section 5(b)(1), above, and this Section 5(b)(2), the provision set forth in this Section 5(b)(2) shall apply.

(A) Failure to Occupy/Renting Out the Property is a Violation of Law .

Each Eligible Owner (as defined in the Declaration) hereby acknowledges that the loan evidenced by this Low Mod Note and secured by the Deed of Trust was funded by Lender using funds from the Low and Moderate Income Housing Fund established by Lender pursuant to Section 33334.3 of the California Health and Safety Code. The California Community Redevelopment Law (California Health and Safety Code §33000, et seq.) require s the Eligible Owner to occupy the Property as the Eligible Owner’s principal residence. Renting out the Property and/or the Eligible Owner’s failure to occupy the Property as the Eligible Owner’s principal residence is a violation of State of California law (in addition to being a violation of this Low Mod Note). Len der is obligated by Federal law to enforce the provisions of the California Community Redevelopment Law, Lender’s failure to do so would jeopardize Lender’s ability to obtain additional funds and help other low-income families to obtain affordable housing.

(B) Failure to Occupy/Renting Out the Property Materially Impairs Lender’s Security. The Eligible Owner hereby acknowledges and agrees that renting out the Property and/or the Eligible Owner ’s failure to occupy the Property as the Eligible Owner ’s principal residence, materially impairs Lender’s security for the loan and Lender’s ability to obtain additional funds and help other low -income families to obtain affordable housing. The Eligible Owner further acknowledges that if the Property is rented out and/or the Eligible Owner fails to occupy the Property as the Eligible Owner’s principal residence, then during any such period the Property will not qualify as “affordable housing” and Lender may be in breach of its obligations under the California Community Redevelopment Law and therefore the Lender’s security for the loan will be materially impaired.

(C) Failure to Occupy/Renting Out the Property is a Non- Curable Breach. The Eligible Owner hereby acknowledges and agrees that renting out the Property and/or the Eligible Owner’s failure to occupy the Property as the Eligible Owner’s principal residence, will be a non-curable breach and Lender shall have the right to accelerate the loan and foreclose on the Property as provided herein. Notwithstanding anything to the contrary set forth in this Low Mod Note, the Eligible Owner agrees that in the event the Eligible Owner rents out the Property and/or fails to occupy the Property as the Eligible Owner’s principal residence, the Eligible Owner shall not have the right to cure the breach and reinstate the loan, the Deed of Trust or the obligations secured thereby.
4 (D) Waiver. The Eligible Owner hereby knowingly waives and relinquishes any and all legal and/or contractual rights the Eligible Owner may have to cure or otherwise reinstate the Deed of Trust and the obligations secured thereby, in the event that Property is rented out and/or the Eligible Owner fails to occupy the Property as the Eligible Owner’s principal residence.

(E) Representation of Comprehension. The Eligible Owner acknowledges and agrees that Lender has advised the Eligible Owner (and each of them if there is more than one Eligible Owner) to retain an attorney to represent the Eligible Owner with respect to the loan evidenced by this Low Mod Note. By executing this Low Mod Note, the Eligible Owner (and each of them if there is more than one Eligible Owner) represents that: (i) the Eligible Owner fully understands and accepts the terms of this Low Mod Note, the Deed of Trust and Declaration; (ii) the Eligible Owner has relied upon the legal advice of the Eligible Owner ’s attorneys or that the Eligible Owner has freely and independently chosen not to seek the advice of an attorney; (iii) that neither the Lender nor its attorneys represents the Eligible Owner; (iv) that the Eligible Owner has had a full and ample opportunity to consult with any other professionals of the Eligible Owner’s choice in connection with the rights and liabilities created by this Low Mod Note, the Deed of Trust and Declaration; (v) that the Eligible Owner does not have any questions with regard to the legal import of any term, word, phrase, or portion of this Low Mod Note, the Deed of Trust or Declaration, or any of the foregoing documents in their entireties; and (vi) the Eligible Owner accepts the terms of this Low Mod Note, the Deed of Trust and Declaration as written.

6. Assumption. During the 15-year Term of this Low Mod Note each Eligible Owner of the Property shall assume this Low Mod Note. Notwithstanding the foregoing, in the event of a transfer of the Property where the amount of this Note (“Original Note Amount”) would violate the first position lender’s underwriting requirements or otherwise impede the transfer of the Property to an Eligible Owner, as defined in the Declaration, then the amount of the Note shall be reduced to the maximum amount (“Reduced Note Amount”) which will enable the transaction to comply with the first position lender’s underwriting requirements or otherwise allow the transfer of the Property to an Eligible Owner . In such event, the difference between the Original Note Amount and the Reduced Note Amount (“Deemed Paid Amount”) shall be deemed repaid in full to the Lender and the purchaser of the Affordable Unit shall have no further obligation with respect to the Deemed Paid Amount.

7. Borrower’s Payments Before They Are Due. Borrower has the right to make payments of principal at any time before they are due. Borrower may make a full prepayment or a partial prepayment. It is expressly acknowledged that the covenants and restrictions set forth in the Declaration shall survive any repayment of this Low Mod Note.

8. Borrower’s Waiver. Borrower hereby waives the rights to require the Note Holder to do certain things if Borrower does not keep the promises made in this Low Mod Note, the Deed of Trust or the Declaration. Those things are:

(a) to demand payment of amounts due (known as “presentment”); 5 (b) to give notice that amounts due have not been paid (known as “notice of dishonor”); and

9. Giving of Notices. Any notice that must be given to Borrower under this Low Mod Note will be given by delivering it or by mailing it by certified mail addressed to Borrower at th e Property address. Any notice that must be given to the Note Holder under this Low Mod Note will be given by mailing it by certified mail to Lender’s offices located at 14403 East Pacific Avenue, Baldwin Park, California 91706 or such other address as Lender may designate in writing.

10. Responsibility of Persons Under This Note . If more than one person becomes obligated under this Low Mod Note, each of them is fully and personally obligated to pay the full amount owed and to keep all promises made in this Low Mod Note. The Note Holder may enforce its rights under this Low Mod Note against each person obligated under this Low Mod Note individually or against all of them together. This means that any one of the persons obligated under this Low Mod Note may be required to pay all of the amounts owed under this Low Mod Note. Any person who takes over the rights or obligations under this Low Mod Note will have all of the rights of the persons that sign this Low Mod Note and must keep all of the promises made in this Low Mod Note.

11. Attorneys’ Fees. Upon the breach of the terms of this Low Mod Note, the Deed of Trust or Declaration, the Borrower agrees to pay Lender any and all attorneys’ fees, court costs, trustee fees, and any and all other fees and costs incurred by Lender as a result of said breach and/or default.

12. Severability. If any provision of this Low Mod Note is deemed to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this Low Mod Note and the remaining provisions shall continue in full force and effect.

13. Governing Law . This Low Mod
Note shall be construed in accordance with and be
governed by the laws of the State of California.

14. No Waiver by the Lender. No waiver of any breach, default or failure of condition under the terms of this Low Mod Note or the Deed of Trust shall thereby be implied from any failure of the Lender to take, or any delay by the Lender in taking action with respect to such breach, default or failure or from any previous waiver of any similar or unrelated breach, default or failure; and a waiver of any term of this Low Mod Note, Deed of Trust, or any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver.

15. Usury. If a court of competent jurisdiction determines, by way of final unappealable order or judgment that the interest rate charged under this Low Mod Note is usurious, then such rate shall automatically and retroactively be reduced to the maximum rate allowed under applicable law.

6 BORROWER:

San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation (or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.)

By:__________________________________
Print Name:___________________________
Its:__________________________________
ITEM NO. ________3_________

STAFF REPORT

TO: Honorable Mayor and City Councilmembers
FROM: Ron Garcia, Acting Director of Community Development PREPARED BY: Long T. Tang, PE, Building Official
DATE: August 3, 2022
SUBJECT: Notification to City of Baldwin Park City Council of the Upcoming Request for Proposals in Consideration of As - Needed Building and Safety Service

SUMMARY
The Community Development Department will be issuing a request for proposal (RFP) from qualified vendors to provide Building and Safety services. The RFP will be posted on the City website and emailed to known qualified vendors in the area on August 15, 2022. The open period for vendors to submit their proposals will be 30 days. An internal panel, consisting of staff members from Building and Safety, Planning, and Public Works, will convene to evaluate and grade the submitted proposals.

Due to the current staffing levels of many of the vendors, the department is looking to secure contractual agreements with three different vendors, so we can have the assurance of services when staffing from one vendor is not available.

RECOMMENDATION
Staff recommends that the City Council authorize the Director of Community Development to issue an RFP for as needed building and safety services.

FISCAL IMPACT
The department previously allotted $50,000 in the annual budget for these services. Expenditures in past years have not exceeded this amount and are not anticipated to do so.

BACKGROUND
The Building and Safety Division of the City issues permits, provide plan check services and inspections to all privately funded construction projects in the City. The division has five staff members. Since November 11, 2017, the division has contracted with Infrastructure Engineers, Inc., located in the City of Brea, to provide plan check and inspection services on an as-needed basis. These services are utilized when City staff members are out on leave or when workloads exceed a level that prevents the ability to respond and provide timely services. The current service agreement between the City and Infrastructure Engineers expires November 22, 2022.

LEGAL REVIEW
This report has not been reviewed and approved by the City Attorney as to legal form and content.

ALTERNATIVES
None

ITEM NO. 4

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: July 19, 2022
SUBJECT: AUTHORIZATION TO PROCEED WITH ADVERTISMENT OF A

REQUEST FOR PROPOSAL (RFP) FOR PRINTING OF THE

BALDWIN PARK NOW

SUMMARY
The purpose of this staff report is to request authorization from the City Council to advertise the Request for Proposals (RFP) for the printing of the Baldwin Park NOW (BP NOW).

RECOMMENDATION
Staff recommends the City Council a uthorize the Director of Recreation and Community Services to proceed with advertisement of an RFP for the printing of the BP NOW.

FISCAL IMPACT
There is no fiscal impact to the general fund at this time.

LEGAL REVIEW
The City Attorney has reviewed the RFP and approved it as to form.

BACKGROUND
In order to remain as efficient as possible, the Department of Recreation and Community Services would like to request to go out to bid for printing services to manage the printing of the Baldwin Park NOW (4 times a year). This will allow the Department to take advantage of any cost savings and ensure the City is receiving the highest quality of service at the best possible price. The Baldwin Park NOW is a bi -monthly publication that allows for consistent communication from the City to residents and businesses. City staff have continuously worked to improve the style and content of the publication in order to increase awareness and positive image to the community.

The Department has been satisfied with the services of i -Color Printing & Mailing, INC.; however, it is in the best interest of the City to re- evaluate the scope of work and select a printing vendor based on the best proposal. In this cycle of the RFP, the Department will accept bids to print the BP NOW in its current format with a bi -monthly printing. At a subsequent meeting, the City Council will have an opportunity to review the bids submitted. The City of Baldwin Park will accept proposals through the advertising period up until Monday, August 22, 2022 at 5:00pm.

ALTERNATIVES
To not approve the request for (RFP) and stop the publication of the BP NOW.

ATTACHMENT

1. Request for Proposal (RFP)

City of Baldwin Park

REQUEST FOR PROPOSAL (RFP)
Printing Services
for the Baldwin Park NOW
(News Publication)

CITY OF BALDWIN PARK
Recreation and Community Services
4100 Baldwin Park Boulevard
Baldwin Park, CA 91706

Due no later than 5pm on Monday, August 22, 2022

1. INTRODUCTION
The City of Baldwin Park is requesting proposals from qualified professionals to provide printing services for the Baldwin Park NOW and Recreation Guide publications. Currently the Baldwin Park NOW is printed quarterly (4 times a year) and the Recreation Guide is printed annual (once per year), which is inserted into the Baldwin Park NOW. However, the City explores flexibility in the printing schedule for opportunities to expand the printing frequency of the Baldwin Park NOW.

This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a proposer may be selected and the contractual terms by which the City of Baldwin Park intends to govern the relationship between the City and the selected vendor.

2. DEFINITION OF PARTIES
Definition of Parties: The City of Baldwin Park will hereinafter to as the “City.” Respondents to the RFP shall be referred to as “proposers.” The proposer to whom the contract is awarded shall be referred to as the “Vendor.”

3. BACKGROUND
The Baldwin Park NOW is a quarterly publication that allows for consistent communication from the City to residents and business owners of Baldwin Park. The publication is a valuable tool that reaches over 21,000 households and businesses. City staff have continuously worked to improve the style and content of the publication in order to increase awareness and portray a positive image to the community.

In an effort to streamline processes, a 32- (or 40 if approved) page Recreation Guide has been incorporated into the printing of the Baldwin Park NOW once per year (Summer). The City is dedicated to ensuring the printing services for both publications are completed as economically as feasible.

An electronic sample of the Baldwin Park NOW and Recreation Guide can be found at the www.baldwinpark.com
under City Publications.

4. SCOPE OF WORK – SPECIFICATIONS
Provide printing services, which would entail the following:
• Coordinate delivery of City supplied art files
• Providing proofs for review
• Making final blue line changes
• Printing of 22,250 copies
• Delivery to the United States Postal Service (USPS) for distribution

Baldwin Park NOW
Description: 4-page tabloid (for a total of 16 pages)
Final Size: (WxH) Spread 22x17; page 11x17; final quarter fold to 81/2x11 Stock: 35# Hi-Brite Newsprint
Ink: 4/4=4C Process (85%) Soy-Based Inks
Bindery: Press quarter fold to 81/2x11. Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: Quarterly (4 times a year: February -April, May-July, August-October, November- January)

Recreation Guide
Description: 8-page (book style: for a total of 32 pages) Final Size: (WxH) Spread 17x10.875: page size = 8.5x10.875 Stock: 60# Recycled Gloss Book, 10% Post-Consumer Waste Ink: 4/4=4C Process (85%) Soy-Based Inks by heat set press only Bindery: Stich, fold and gather Recreation Guide along 10.875 direction and come back to dust stich to center and extend up 1” from Baldwin Park NOW publication: Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard)
Frequency: Once a year (Summer: May-July)

5. PROPOSAL SUBMITTAL
Interested and qualified firms shall deliver six (6) hardcopies of their proposal, prepared in accordance with the instructions in this RFP by 5:00 pm on Monday, August 22, 2022. All proposals shall be addressed and delivered to the below:

Manuel Carrillo Jr., Director of Recreation and Community Services City of Baldwin Park
4100 Baldwin Park Boulevard
Baldwin Park, CA 91706

Faxed or electronic proposals will not be accepted. The City will not entertain sales calls or presentations during the RFP process. Questions may be addressed to the contact below before August 10, 2022:

Helen Hernandez, Community Services Supervisor
City of Baldwin Park
4100 Baldwin Park Boulevard
Baldwin Park, CA 91706
Email: [email protected]
Office: (626) 813-5245, Ext. 360

All questions will be gathered and answered by Monday, August 15, 2022 5pm. After proposals have been received and reviewed, the City may request a follow -up meeting with selected applicants to ensure vendor’s quality and capability.

6. PROPOSAL CONTENT
Vendors desiring to respond shall submit proposals in sufficient detail to allow a thorough evaluation and comparative analysis. The proposals should be as brief and concise as possible, without sacrificing clarity or the required information. The proposals shall include as a minimum the following information, presented in a readily understood and logical format.

a. Statement of options understanding containing any suggestions regarding special concerns the City should be made aware of. The proposal should include any additional work tasks the proposer feels are necessary for the successful completion of the project.

b. A list of similar printing projects the vendor has completed within the last five (5) years.

Information on the completed projects shall include project name and description, agency client name along with contact information, year completed, contract fee, and final project cost.

c. A schedule of the proposed timeline for printing of the publication quarterly (frequency option). The schedule shall include amount of time for each print job, indicating ability to perform the required services in a timely manner.

d. Provide one (1) sample booklet (if selected must supply seven (7) sample booklets)

e. A fee proposal and cost of postage per issue as per paper option.

7. CONTRACTOR SELECTION
The City of Baldwin Park will evaluate all timely submitted proposals. The evaluation will be based on the chemical information and qualifications presented in the proposal, project fees, and reference checks. Qualified proposers will be invited for an interview. Proposals will be evaluated on criteria deemed to be in the City’s best interests, including, but not limited to and in no order of importance:

• Cost
• Quality
• Service
• Timeliness
• Flexibility in due dates for materials
• Ability to meet specifications
• If applicable, use of recycled or environmentally friendly materials

The City considers the services pursuant to this RFP to be professional in nature and is expressly not limited to selecting the lowest bidder, although cost is one of several criteria to be considered.

8. ESTABLISHMENT OF CONTRACT
The City will select the Contrac tor based on qualifications, and then negotiate a contract price based on available funding.

9. INSURANCE REQUIREMENTS
The following minimum insurance coverage is required of the Contractor and all sub-contractors. a. Commercial general liability insurance or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence;

b. Worker’s Compensation insurance with statutory limits, and employer’s liability insurance with limits not less than $1,000,000 per accident;

c. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence; (insurance shall include coverage for owned, hired and non-owned automobiles.)

All Certificates of Insurance shall be provided for all the above insurance requirements. In addition, the City and each of its officers, employees and agents shall be named as additional insured on the commercial general liability policy with respect to the performance by the Contractor and all sub- contractors. The City will accept only Additional Insured (Form B), CG2010, with an edition date prior to 1993, unless approved otherwise by the City Attorney or proof the policy automatically names the above as additional insured.

10. PROFESSIONAL SERVICES AGREEMENT
A. No change in the scope of contract services will be permitted without mutual written approval by the City and Contractor.

B. The successful proposer and any sub- contractors are required to obtain a business license from the City of Baldwin Park.

11. CITY RESPONSIBILITIES
The City of Baldwin Park will be responsible for providing electronic files of both publications for printing.

12. ACCEPTANCE AND PAYMENT
Vendor will receive payment for each project subsequent to successful delivery of all copies to the post office and administration.

13. RIGHT TO REJECT PROPOSALS
A. The City of Baldwin Park reserves the right to reject any or all proposals submitted, and no representation is made herby that any written contract will be issued pursuant to this RFP or otherwise.

B. The City also reserves the right to award a portion of work or combination, thereof.

C. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a prior award of a written contract will be borne by the proposers. The City will provide only the staff as sistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by respondent. All proposals submitted to the City of Baldwin Park become property of the City and subject to public review in accordance with the California Public Records Act.

STAFF REPORT

ITEM NO. _______5_________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
By: Lourdes Morales, Chief Deputy City Clerk
DATE: August 3, 2022
SUBJECT: Adoption of a Resolution to Continue Conducting City Council/Commission/ Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361

SUMMARY
Governor Gavin Newson signed Executive Order N -15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16 th Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified B rown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with th e teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended meas ures to promote social distancing, during a proclaimed state of emergency.

Staff will continue in-person meetings with a virtual hybrid component under this new order.

RECOMMENDATION
Staff recommends that the City Counc il adopt Resolution No. 202 2-039 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from August 3, 2022 through September 2, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions.

FISCAL IMPACT
Not Applicable

BACKGROUND
On June 11, 2021, Governor Newsom issued Executive Order N -08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As various variants have surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’ teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:

• The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

• The legislative body hol ds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:

• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call -in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disr uption that either prevents the local agency from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken d uring such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.
• If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 al so provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:

• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

ALTERNATIVES
Not Applicable

LEGAL REVIEW
This report has been reviewed by the City Attorney.

ATTACHMENTS

1. Resolution no. 2022-039

2. AB 361

RESOLUTION NO. 2022-039

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN

PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR

CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL
361

WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and

WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order proclaiming a local emergency as defined, due to the threat of the existence and spread of COVID-19; and

WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and

WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N -29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and

WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and

WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:

• Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call - in option or an internet-based service option;

• The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored;

• Prohibits the legislative body f rom requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;

• Prohibits the legislativ e body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and

WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and

WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent ris ks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1.

The City Council of the City of Baldwin Park hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as finds of the City Council.

SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards Commissions and Committees, City staff and consultant to meet safely in person when a large congregation meets.

SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID -19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing.

SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.

SECTION 5.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution 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 Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or por tions thereof be declared unconstitutional.

SECTION 6.

This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 3rd day August, 2022.

_______________________________
EMMANUEL J. ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-039 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on August 3 , 2022 and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK

STAFF REPORT
ITEM NO. _________6________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique Zaldivar, Chief Executive Officer
Laura J. Thomas, Human Resources/Risk Manager
DATE: August 3, 2022
SUBJECT: Approval of Employment Agreement with Ron Garcia for the Position of Community Development Director

SUMMARY
The attached Agreement for Community Development Director (“Agreement”) with Ron Garcia is presented for approval by the City Council ascertaining the terms and conditions of employment. Ron Garcia was appointed by the City Council to serve as Community Development Director at their Special City Council Meeting of July 14, 2022, and directed staff to bring forth an agreement ratifying the action.

RECOMMENDATION
Staff recommends that the City Council approve the Agreement with Ron Garcia for the position of Community Development Director and direct the Mayor and City Clerk to execute it.

FISCAL IMPACT
There is no fiscal impact as the previous Community Development Director vacated the position on or about March 2, 2022.

BACKGROUND
Upon the position becoming vacant in February of this year, Ron voluntarily and responsively accepted to serve as Acting Director on very short notice and without hesitation notwithstanding the fact that he would serve over double duty as both Acting Director and City Planner . The last five months that Ron has been serving as Acting Director he has had an opportunity to apply his management abilities and potential. After going through a very thorough interview process with the City Council, the Chief Executive Officer was authorized to n egotiate a contract with M r. Garcia and bring it back to open session for final action. Mr. Garcia has the qualifications and experience for this position. If approved, the Agreement will be effective July 14, 2022.

The Agreement sets the monthly base pay compensation for the Community Development Director at $12,043.11 which is step 1 of the salary range as per the City of Baldwin Park Comprehensive Pay Schedule. The Community Development Director incumbent is expressely an “At-Will” employee and serves at the pleasure of the City Council and Chief Executive Officer.

ALTERNATIVES
The City Council may choose to go back into closed session for additional negotiations.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENT

1. Community Development Director Agreement

STAFF REPORT
ITEM NO. _________7________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique Zaldivar, Chief Executive Officer
Lourdes Morales, Chief Deputy City Clerk
DATE: August 3, 2022
SUBJECT: Approval of Resolutions of the City Council of the City of Baldwin Park Setting Priorities for Filing Arguments Regarding City Measure s and Directing the City Attorney to Prepare an Impartial Analysis

SUMMARY
The City Council of the City of Baldwin Park will have measures submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2022 and staff is therefore, requesting approval to set priorities for filing arguments regarding t he measures and direct the City Attorney to prepare an impartial analysis.

RECOMMENDATION
Staff recommends that the City Council R esolutions setting priorities for filing of arguments regarding city measures and direct the City Attorney to prepare impartial analysis.

FISCAL IMPACT
There is no fiscal impact associated with this report.

BACKGROUND
The City Council of the City of Baldwin Park will have measures submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2022. Elections Code Section 9282 provides for written arguemtns to filed in favor or agains city measures not to exceed 300 words. The resolutions would provide for authors to submit arguments for or against any measure placed on the November ballot.

ALTERNATIVES
Not Applicable

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENT

1. Will be made avialbe on Monday, August 1, 2022

ITEM NO. 8

STAFF REPORT

TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services Sam Gutierrez, Director of Public Works
Ron Garcia, Community Development Director
DATE: August 3, 2022
SUBJECT: Authorization to Appropriate Funding for the Garvey Family Bridge Housing Project

SUMMARY
The purpose of this staff report is to appropriate fundi ng for the Garvey F amily Brid ge Housing Project.

FISCAL IMPACT
There is no fiscal impact to the G eneral Fund. The total requested appropriation is $1,405,793.86, which includes an appropriation from Fund 275 AR PA in the amount of $327,831 for capital support for the acquisition of ADA compliant showers, restrooms, and shelter units, as well as, $72,051.86 for operations support. The remaining amount of $1,077,962.86 will be apportioned to operational cost of which $997,962.86 will be for the service provider contract , $50,000 for annual utilities costs, and $30,000 for maintenance per the following funding sources:

Appropriate Amount
American Rescue Plan Act (ARPA) Acct. # 275-50-706-58100-55023 $327,831.00 Los Angeles Homeless Services Authority Acct. # 270-60-610-53370-66023 $478,080.00 American Rescue Plan Act (ARPA) Acct. # 275-60-710-53370-66023 $72,051.86 Homeless Housing Pilot Program (HHPP) Acct. # 270-60-610-53370-66023 $527,831.00 Total Funding $1,405,793.86

Estimated Expenditures Amount
Capital Cost for ADA Showers/Restrooms and Shelter Units 327,831.00 Operations Cost – Service Provider $997,962.86
Utilities and Maintenance $80,000.00
Total Funding $1,405,793.86

RECOMMENDATION
Staff recommends that the City Council:

1. Authorize the Director of Recreati on and C ommunity S ervices to accept the budget allocation of $478,080 and execute an agreement with Los Angeles Homeless Service Authority (LAHSA) and Authorize the Direc tor of Finance to appropriate the funding for operations support; and

2. Authorize the Directo r of Finance to appropriate funding from the Homeless Housing Pilot Program HHPP grant in the amount of $527,831 for operations support; and

3. Authorize the Director of Finance to appropriate funding from the ARPA funds in amount of $72,051.86 for operations support, and $327,831.00 for capital support; and

4. Authorize the Direc tor of Finance to make the necessary budget adjustment s and the Director of Recreation and Community Services to process the necessary documents.

BACKGROUND
At their February 16, 2022, City Counci l meeting, City Council approved the Agreement between the City of Baldwin Park and the San Gabriel Valley Regional Housing Trust (SGVRHT) to provid e homeless housing and related services for homeless famil ies at th e City-owned property located at 13167 Garvey Avenue. The total capital grant award for the Homeless Housing Pilot Program (HHPP) is $1,125,000. The agreement does not include direct operational funding for the project; however, the cost savings can be uti lized to su pport the service prov ision co ntract. Therefore, City and SGVRHT staff has researched alternative funding options to support the project’s operational needs.

American Rescue Plan Act (ARPA) – capital support $327,831.00 Los Angeles Homeless Services Authority $478,080.00
American Rescue Plan Act (ARPA) – operations support $72,051.86 Homeless Housing Pilot Program (HHPP) $527,831.00

The City and SGVRHT worked collectively through the Request for Proposals process to secure a top bid for the service pr ovider contract in the amount of $997.962.86. City of Baldwin Pa rk’s Recreation and Community Services staff (Director, M anuel Car rillo Jr. and Communit y Ser vices Supervisor , Yuriko Ruizesparza) had the opportunity to participate in the T echnical Evaluation Committee joined by SGVRHT’s Regional H ousing Trust Administrato r, Brielle A cevedo and SGVCOG ’s Manager of Local Programs, Caitlin Sims. The general selection criteria and timeline for the service provider/site operator RFP included:

Selection Criteria
• Project Approach
• Experience
• Staffing and Project Organization
• Innovation & Relationships
• Cost Effectiveness
• Question and Answers

RFP Timeline

1. RFP Released June 16, 2022

2. Non-Mandatory Pre-Proposal Virtual Conference - June 23, 2022, at 2:00pm

3. Written Questions Due July 7, 2022, at 2:00pm

4. Proposals Due July 13, 2022

5. Virtual Oral Interviews (shortlisted proposers only) - July 14, 2022

6. Notice of Intent to Award

7. SGVRHT to assign service provision contract to City

The SGVRHT received three (3) applications, and the two (2) most qualified firms, as determined by the Technical Evaluation Committee (TEC), were scheduled for interviews. The TEC was composed of City staff, SGVRHT staff, and SGVCOG staff with experience in homeless services. Post interviews, the TEC agreed unanimously that City Net was the most qualified firm and issued a Notice of Intent to award a contract to operate the family bridge housing site. The SGVRHT will execute the contract with City Net and assign the contract to the City at a subseque nt City Council meeting.

Thereafter, the City will maintain the contract and directly pay associates cost with the project.

ALTERNATIVES
The alternative could be not to approve the funding for the Garvey Family Site Project.

LEGAL REVIEW
None is required.

ATTACHMENTS
None.

STAFF REPORT
ITEM NO. ________SA-1________

TO: Honorable Mayor/ Chair and Members of the City Council for the City of Baldwin Park, Financing Authority, Municipal Financing Authority, Housing Authority, and Successor Agency
FROM: Enrique C. Zaldivar, Chief Executive Officer
Rose Tam, Director of Finance
Laura J. Thomas, Human Resources/Risk Manager
DATE: August 3, 2022
SUBJECT: Fiscal Year 2022-23 Amended Budget

SUMMARY
From the July 20, 2022 City Council meeting, staff was directed to bring back the amended budget for FY 22-23 after the attached Personnel Requests, Part-Time and Administrative Clerk I & II Salary Adjustments (Attachment 5) were approved. This report is t o seek City Council’s review and approval of the FY 22-23 Amended Budget.

RECOMMENDATION
Staff recommends that Council to approve:
1) The fiscal year 2022-23 Amended Budget and resolutions for:
• City of Baldwin Park by Resolution No. 2022-045, and
• Finance Authority by Resolution No. FA 2022-002, and
• Municipal Financing Authority by Resolution No. MFA 2022-002, and • Housing Authority by Resolution No. HA 2022-002, and
• Successor Agency by Resolution No. 2022-002, and
2) Authorize the Director of Finance to appropriate funding and m ake necessary budget amendments; and
3) Authorize the CEO and HR to begin the hiring process of the approved requests by the City Council; and
4) Approve Resolution No. 2022-046 to revise the Comprehensive Pay Schedule to reflect the FY 22-23 Amended Budget in accordance with CalPERS Guidelines.

AMENDED FISCAL IMPACT
General Fund (100)
Revenues $ 34,695,375
Expenditures $ 34,621,475
Surplus $ 73,900

Other Funds - Expenditures
Future Development Fund $ 195,925
Internal Service Funds $ 6,171,978
Special Revenue Funds $48,893,519
Finance Authority $ 6,770,096
Successor Agency $ 2,122,515
Housing Authority $ 6,764,853
Total Other Funds – Expenditures $70,918,886

TOTAL AMENDED BUDGET (CITY-WIDE EXPENDITURES) $105,540,361

BACKGROUD
From the July 20, 2022 City Council meeting, staff was directed to bring back the amended budget for FY 22-23 after the attached Personnel Requests, Part-Time and Administrative Clerk I & II Salary Adjustments were approved. We have made a couple minor updates for 2 typos to this Attachment. The first one is the reclassification of the current Information Systems Support Technician to Information Systems Analyst . The position should be at Step 3 and there is no change to the projected cost. The second one is the Public Works Supervisor with a minor increase of $684 to the projected salary due to the 1% COLA difference. The three reclassified positions stated on Attachment 5 will be effective on the first pay period after the approval of the FY 22-23 Amended Budget.

Per City Council direction , part-time positions have been adjusted and modified to address internal compaction, recruitment, and retention challenges . Eighty percent of the part -time positions are employed within the Recreation and Community Services department . The attached salary schedule maintains the integrity of the differences between ranges and within the part-time structure to ensure the department is able to manage numerous community events throughout the year.

Staff requests for the adoption of the attached resolution revising the hourly pay range schedule for the part -time staff hourly rates and steps establishing a revised range schedule. This adjustment reflects the increase to entry level wages and address c ompaction effects in part time classification in Recreation. The City also plans to review salary adjustments in the future with respect to the budget to ensure the compensation remains competitive with other agencies.

All the adjustments and modifications are consistent with the estimated costs for the personnel requests presented at the City Council meeting on the July 20, 2022.

ALTERNATIVES
The City Council may provide further direction.

LEGAL REVIEW
This report and resolutions have been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Budget Resolution No. 2022-045

2. FY2022-23 Amended Budget (Summary). The completed amended line- item budget is available on the City’s website by August 3, 2022.

3. FY2022-23 Projected Fund Balance.

4. FY2022-23 Amended General Fund Reserve Bar Chart.

5. Personnel Requests, Part-Time and Administrative Clerk I & II Salary Adjustments.

6. Comprehensive Pay Schedule Resolution No. 2022-046

7. Comprehensive Pay Schedule.

Attachment 1 (Continued)
RESOLUTION NO. SA

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE

DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF

THE CITY OF BALDWIN PARK AMENDING THE BUDGET OF

THE AUTHORITY FOR THE FI SCAL YEAR COMMENCING
JULY 1, 2022 AND ENDING JUNE 30, 2023

THE SUCCESSOR AGENCY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DOES HEREBY AS RESOLVE AND ORDER AS FOLLOWS:

SECTION 1.

That the Budget for the Successor Agency of the City of Baldwin Park for the fiscal year commencing July 1, 2022 and ending June 30, 2023, is hereby Amended as prepared and submitted by the Executive Director of the Successor Agency and as modified by the Agency Board for said fiscal year. A n Amended Budget is attached to this resolution for adoption as presented.

SECTION 2. That from and after the effectiv e date of the adoption of said Amended Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State.

SECTION 3. That the Authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Amended Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget.

SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner:

(A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board.

(B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required.

(C) Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Agency Board approval is required.

(D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund.

Attachment 1 (Continued)
(E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the Agency Board by a majority vote of a quorum of the Agency Board.

(F) All transfers made pursuant to the above provisions shall be submitted to the Agency Board for informational purposes.

SECTION 5. That this Resolution shall become effective July 1, 2022.

SECTION 6.

That the Secretary shall certify to the adoption of this Resolution.

Attachment 1 (Continued)
APPROVED AND AMENDED this 3rd day of August 2022.

EMMANUEL J. ESTRADA
CHAIR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, MARLEN GARCIA, Secretary of the Successor Agency of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. SA was duly and regularly approved and Amended by the Members of the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on August 3, 2022, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MARLEN GARCIA

SECRETARY
None

Fund Fund Description
FY 2023
Amended
Revenues
FY 2023
Amended
Expenditures
Surplus /
(Deficit)
General Fund:
100 General Fund* 34,695,375 34,621,475 73,900
200 Future Development Fund** 52,360 195,925 (143,565)
Subtotal - General Fund 34,747,735 34,817,400 (69,665)
Internal Services Funds:
401 Information and Support Services 1,190,676 1,188,676 2,000 402 Fleet Services 965,399 963,199 2,200
403 Internal Insurance 4,050,165 4,020,103 30,063
Subtotal - Internal Services Funds 6,206,240 6,171,978 34,263 Special (Restricted) Funds:
205 Federal Asset Forfeiture 0 92,043 (92,043)
208 Law Enforcement Development Impact 20,600 0 20,600
220 Community Development Block Grant 1,354,662 1,313,460 41,203 221 H.O.M.E. (Home Investment Partnership Program) 3,042,073 3,006 ,340 35,733 222 CAL Home 100 0 100
230 AB1693 Business Improvement Fees 130,200 216,598 (86,398) 231 Air Quality Management 188,000 132,548 55,452
234 Park Fees (Quimby Act) 190,000 981,961 (791,961)
235 General Plan Fees 160,000 354,402 (194,402)
236 Public Art Fees 61,500 343,978 (282,478)
237 Cannabis Mitigation Fee 1,400,000 1,073,811 326,189 240 Gasoline Tax 2,193,573 1,854,329 339,244
241 Surface Transportation Program 999,452 0 999,452
243 Bicycle and Pedestrian Safety 71,490 175,923 (104,433) 244 Propositio n A 2,120,970 2,070,729 50,241
245 Propositio n C 1,539,658 2,060,981 (521,323)
246 AB939 Integrated Waste Management 337,000 503,398 (166,398) 247 Oil Recycling Grant 10,000 22,915 (12,915)
249 Storm Drains NPDS 59,116 95,100 (35,984)
250 Assessment District 12,630 0 12,630
251 Street Lighting and Landscape 1,804,330 2,280,362 (476,032) 252 Parks Maintenance Assessment District 977,851 977,851 0 253 Propositio n A - Parks 135,679 135,679 (0)
254 Measure R Local Return 1,155,979 1,049,659 106,320
255 Measure M 3,053,354 3,449,191 (395,837)
256 SB1 Road Repair & Acco untability 1, 733,913 578,176 1,155,737 257 Traffic Mitigation Fees 12,600 0 12,600
258 Measure W 9,233,530 1,678,530 7,555,000
260 Summer Lunch Program 30,991 30,991 (0)
270 Grants Fund 2,491,010 15,436,335 (12,945,324)
271 Police Grants Fund 71,200 134,042 (62,842)
275 American Rescue Plan Act 11,458,952 8,794,189 2,664,763 280 Cooperative Agreements Contributions 400,000 0 400,000 450 BPROUD Utility Dis trict 0 50,000 (50,000)
Subtotal Special Funds 46,450,413 48,893,519 (2,443,105) TOTAL GENERAL, INTERNAL SERV., & SPECIAL FUNDS: 87,404,388 89,882,897 (2,478,508) City of Baldwin Park
Fiscal Year 2022-2023 Amended Budget
Attachment 2
Fund Fund Description
FY 2023
Amended
Revenues
FY 2023
Amended
Expenditures
Surplus /
(Deficit)
City of Baldwin Park
Fiscal Year 2022-2023 Amended Budget
Financing Authority Funds:
610 COP Lease Payment 589,445 589,445 (0)
651 Pension Obligation Bo nd 2019 3,844,787 3,844,787 (0) 660 Measure M Rev Bond 589,669 2,335,864 (1,746,195)
Subtotal Financing Authority Funds 5,023, 901 6,770,096 (1,746,19 5) Successor Agency Funds:

Capital Projects
806 Sierra Vista Capital Project 95,949 95,949 0
Subtotal Capital Projects 95,949 95,949 0
Debt Service
838 BP Merged 2017 Refina nce 1,083,915 1,070,460 13,455 Subtotal Debt Service 1,083,915 1,070,460 13,455
Low/Mod Housing
890 Low/Mod Income Housing 272,399 956,106 (683,708)
Subtotal Low/Mod Housing 272,399 956,106 (683,708)
TOTAL SUCCESSOR AGENCY FUNDS: 1,452,263 2,122,515 (670,253) Housing Authority:
901 Housing Voucher Choice 6,797,231 6,632,459 164,772
902 Housing Authority American Rescue Plan Act 0 3,822 (3,822) 905 Public Housing 98,075 97,747 328
910 CIAP 30,825 30,825 0
Subtotal Housing Authority Funds 6, 926,131 6,764,853 161,278 COMBINED GRAND TOTAL - ALL FUNDS 100,806,683 105,540,361 (4,733,67 8) 11,835,487$ * The Projected General Fund Reserve Balance at June 30, 2023 i s:
** The Future Development Fund and Community Enhancement Fund were merged with the General Fund. However, these funds are committed for future / special projects pending City Council approval.

Attachment 2 (Continued)
Revised
Projected 2023 2023 2023 2023 Projected
Fund Balance Amended Amended Amended Amended Fund Balance Fund Fund Description 06/30/2022 Revenues Transfers In Expenditures Transfers Out 06/30/2023 General Fund:
100 General Fund* 28,903,820 33,674,600 1,020,775 34,032,030 589,445 28,977,720 200 Future Development Fund** 5,402,238 52,360 0 195,925 0 5,258,673 210 Community Enhancement Fund** 664,663 0 0 0 0 664,663 Subtotal - General Fund 34,970,722 $ 33,726,960 $ 1,020,775 $ 34,227,955 $ 589,445 $ 34,901,057$ Internal Services Funds:
401 Information and Support Services 218,412 1,190,676 0 1,188,676 0 220,412 402 Fleet Services 664,282 965,399 0 963,199 0 666,482
403 Internal Insurance (7,895,901) 4,050,165 0 4,020,103 0 (7,865,839) 404 Capital Equipment 12,370 0 0 0 0 12,370
Subtotal - Internal Services Funds (7,000,837) $ 6,206,240 $ - $ 6,171,978$ - $ (6,966,575)$ Special (Restricted) Funds:
205 Federal Asset Forfeiture 152,498 0 0 92,043 0 60,455 206 State Asset Forfeiture 55,236 0 0 0 0 55,236
207 Local Law Enforcement Block Grant 15,259 0 0 0 0 15,259 208 Law Enforcement Development Impact 91,816 20,600 0 0 0 112,416 209 AB74 Public Safety Enhancement 150,151 0 0 0 0 150,151 220 Community Development Block Grant (398,220) 1,354,662 0 1,313,460 0 (357,017) 221 H.O.M.E. (Home Investment Partnership Program) 1,284,371 3,042,073 0 3,006,340 0 1,320,103 222 CAL Home 68,107 100 0 0 0 68,207
230 AB1693 Business Improvement Fees 87,944 130,200 0 216,598 0 1,546 231 Air Quality Management 219,667 188,000 0 132,548 0 275,120 232 Residential Development Fee 4 0 0 0 0 4
233 Economic Development Grant 541 0 0 0 0 541
234 Park Fees (Quimby Act) 1,196,837 190,000 0 981,961 0 404,876 235 General Plan Fees 556,115 160,000 0 354,402 0 361,713 236 Public Art Fees 418,569 61,500 0 343,978 0 136,091
237 Cannabis Mitigation Fee 1,403,750 1,400,000 0 23,811 1,050,000 1,729,939 240 Gasoline Tax 31,790 2,193,573 0 1,854,329 0 371,034 241 Surface Transportation Program (73,439) 999,452 0 0 0 926,013 243 Bicycle and Pedestrian Safety (3,992) 71,490 0 175,923 0 (108,425) 244 Proposition A (175,751) 2,120,970 0 2,070,729 0 (125,510) 245 Proposition C 727,042 1,539,658 0 2,060,981 0 205,719 246 AB939 Integrated Waste Management 12,907 337,000 0 503,398 0 (153,491) 247 Oil Recycling Grant 22,766 10,000 0 22,915 0 9,851
249 Storm Drains NPDS 13,412 59,116 0 95,100 0 (22,572) 250 Assessment District 407,143 12,630 0 0 0 419,773
251 Street Lighting and Landscape 148,483 1,787,330 17,000 2,280,362 0 (327,549) 252 Parks Maintenance Assessment District 86,995 862,236 115,615 977,851 0 86,995 253 Proposition A - Parks 8 60 135,619 135,679 0 8
254 Measure R Local Return 361,035 1,155,979 0 1,049,659 0 467,355 255 Measure M 1,685,273 1,307,159 1,746,195 2,859,522 589,669 1,289,436 256 SB1 Road Repair & Accountability 493,520 1,733,913 0 578,176 0 1,649,257 257 Traffic Mitigation Fees (18,457) 12,600 0 0 0 (5,857) 258 Measure W 369,243 9,233,530 0 1,678,530 0 7,924,243 259 Measure H (157,828) 0 0 0 0 (157,828)
260 Summer Lunch Program (2,408) 0 30,991 30,991 0 (2,408) 270 Grants Fund 15,507,783 2,491,010 0 15,436,335 0 2,562,459 271 Police Grants Fund 71,260 71,200 0 134,042 0 8,418
275 American Rescue Plan Act 4,933,713 11,458,952 0 8,524,189 270,000 7,598,475 278 Measure W Grant 1,161,939 0 0 0 0 1,161,939
280 Cooperative Agreements Contributions (399,383) 400,000 0 0 0 617 City of Baldwin Park
Fiscal Year 2022-2023 Projected Fund Balance
Attachment 3
Projected 2023 2023 2023 2023 Projected
Fund Balance Amended Amended Amended Amended Fund Balance Fund Fund Description 06/30/2022 Revenues Transfers In Expenditures Transfers Out 06/30/2023 Special (Restricted) Funds Continued:
301 Building Reserve 9,959 0 0 0 0 9,959
450 BPROUD Utility District 273,300 0 0 50,000 0 223,300 Subtotal Special Funds 30,788,955 $ 44,404,993 $ 2,045,420 $ 46,983,850 $ 1,909,669 $ 28,345,850 $ TOTAL GENERAL, INTERNAL SRV & SPECIAL FUNDS: 58,758,840$ 84,338,193 $ 3,066,195 $ 87,383,783 $ 2,499,114 $ 56,280,331 $ Financing Authority Funds:
601 Debt Service 503,162 0 0 0 0 503,162
610 COP Lease Payment (70,882) 0 589,445 589,445 0 (70,882) 625 Gas Tax Debt Service 7 0 0 0 0 7
635 BPFA/PM 2003 Tax Alloc 32,715 0 0 0 0 32,715
637 BPFA/CBD 1990 Refunding Loan 143 0 0 0 0 143
650 Pension Obligation Bond 26,035 0 0 0 0 26,035
651 Pension Obligation Bond 2019 254 3,844,787 0 3,844,787 0 254 660 Measure M Rev Bond 6,633,579 0 589,669 589,669 1,746,195 4,887,385 Subtotal Financing Authority Funds 7,125,013 $ 3,844,787 $ 1,179,114 $ 5,023,901 $ 1,746,195 $ 5,378,818 $ Successor Agency Funds:

Capital Projects
806 Sierra Vista Capital Project 1,848,653 0 95,949 95,949 0 1,848,653 Subtotal Capital Projects 1,848,652 $ - $ 95,949$ 95,949 $ - $ 1,848,652$ Debt Service
836 Sierra Vista Debt Service 9,640 0 0 0 0 9,640
838 BP Merged 2000 Refinance (474,844) 1,083,915 0 974,511 95,949 (461,389) Subtotal Debt Service (465,205) $ 1,083,915 $ - $ 974,511$ 95,949 $ (451,750)$ Low/Mod Housing
890 Low/Mod Income Housing 6,173,756 $ 272,399 $ - $ 956,106$ - $ 5,490,048$ Subtotal Low/Mod Housing 6,173,756 272,399 0 956,106 0 5,490,048 TOTAL SUCCESSOR AGENCY FUNDS: 7,557,203 $ 1,356,314 $ 95,949 $ 2,026,566$ 95,949 $ 6,886,950$ Housing Authority:
901 Housing Voucher Choice 116,283 6,797,231 0 6,632,459 0 281,055 902 Housing Authority American Rescue Plan Act 387,658 0 0 3,822 0 383,836 905 Public Housing 446,558 67,250 30,825 97,747 0 446,886 910 CIAP 0 30,825 0 0 30,825 0
Subtotal Housing Authority Funds 950,499 $ 6,895,306$ 30,825 $ 6,734,028$ 30,825 $ 1,111,777$ COMBINED GRAND TOTAL - ALL FUNDS 74,391,554 $ 96,434,600 $ 4,372,083 $ 101,168,278$ 4,372,083 $ 69,657,876 $ $ 11,835,487
** The Future Development Fund and Community Enhancement Fund were merged with the General Fund. However, these funds are committed for future / special projects pending City Council approval.
* The Projected General Fund Reserve Balance at June 30, 2023 is:

Attachment 3 (Continued)
General Fund Reserve Bar Chart ‐ Fiscal Year 2022‐23 Amended Adopted $0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
2014 2015 2016 2017 2018 2019 2020 2021
Unaudited
2022 Projected 2023 Amended
Adopted
$6,309,224
$8,237,796
$7,572,817
$7,090,375
$8,484,704
$9,409,180
$9,730,683
$11,616,365 $11,761,587 $11,835,487
Note: This table does not include the Future Development Fund or Community Enhancement Fund.

Attachment 4
General Fund
Special
Revenue &
Other Funds
Total
205,846$             479,256 $           685,102 $
114,747$            14,460 $            129,207 $
13,261$              15,645 $            28,906 $
(270,000)$            270,000 $           ‐ $
63,855$              779,360 $         843,215 $     Total Estimated Cost Allocate ARPA funds to rehire part time staff for Recreation department ($270,000 each fiscal year for FY 22‐23 and FY 23‐24)
City of Baldwin Park
FY22‐23 Personnel Requests, Part‐Time and Administrative Clerk I & II Salary Adjustments Estimated Fiscal Impact Summary
Requests not included in the proposed FY 2022‐23 Budget Total Estimated Cost of All Personnel Requests
Total Estimated Cost of Part‐Time Salary Adjustments
Total Estimated Cost of Two Full‐Time Positions Salary Adjustments POSITION TITLE
JUSTIFICATION PROVIDED BY THE

DEPARTMENT FUND

ALLOCATION
%
REQUESTED &

RECOMMENDED
STEP
Estimated
Salary
Estimated
Benefits
Estimated
Total Cost
Police Officer Unfreeze frozen position 100‐GF 100% 1 79,437 $ 98,088 $ 177,525 $ Police Officer Unfreeze frozen position 100‐GF 100% 1 79,437 $ 98,088 $ 177,525 $ Police Officer Unfreeze frozen position 100‐GF 100% 1 79,437 $ 98,088 $ 177,525 $ Police Officer Unfreeze frozen position 100‐GF 100% 1 79,437 $ 98,088 $ 177,525 $ Police Officer Unfreeze frozen position 100‐GF 100% 1 79,437 $ 98,088 $ 177,525 $ Police Officer Unfreeze frozen position 100‐GF 100% 1 79,437 $ 98,088 $ 177,525 $ Police Officer Unfreeze frozen position 100‐GF 100% 1 79,437 $ 98,088 $ 177,525 $ Total # Requested: 0 at this time (See Note 1 below) 556,059$ 686,616 $ 1,242,675$ Community Service Officer‐Additional Position Request Redaction of police camera videos 100‐GF 100% 1 52,135 $ 45,201 $ 97,336 $ Community Service Officer‐Additional Position Request Service no n‐emergency calls 100‐GF 100% 1 52,135 $ 45,201 $ 97,336 $ Community Service Officer‐Additional Position Request Service no n‐emergency calls 100‐GF 100% 1 52,135 $ 45,201 $ 97,336 $ Community Service Officer‐Additional Position Request Assist in Evi dence Bureau 100‐GF 100% 1 52,135 $ 45,201 $ 97,336 $ Total # Requested: 1 at this time (See Note 2 below) 208,540$ 180,804 $ 389,344 $ Total # of Originally Requested by PD: 11 764,599$ 867,420 $ 1,632,019$ Total # Requested at this time by PD: 1 52,135$ 45,201 $ 97,336 $ Note 1: It won't impact the budget at this time. Will review during the mid‐year depending on the filling of the current 15 vacancies.

Note 2: Request for 1 Community Service Officer at this time. Will review during the mid‐year to decide if additional CSO is needed and funding available.

Total Estimated GF Cost to fill 1 CSO
City of Baldwin Park
Total Estimated Cost if all filled
Total Estimated Cost of Requested CSO Positions
Total Estimated Cost of Unfrozen PO Positions
Positions Requested from Police for FY 2022‐23
POSITION TITLE
JUSTIFICATION PROVIDED BY THE

DEPARTMENT FUND

ALLOCATION
%
REQUESTED &

RECOMMENDED
STEP
Estimated
Salary
Estimated
Benefits
Estimated
Total Cost
Information Systems Support Technician‐
Additional position request
Replace the consultant service for
PD IT support making the
operation more effective and
efficient (currently paying
$96K/year). 401 100% Step 5 55,645 $     44,178 $     99,823 $ (96,000)$
3,823$
Information Systems Analyst‐
Reclassification
Reclassify current Information
Systems Support Technician to
Information Systems Analyst to
reflect duties
performed.
401 100% Step 3 65,178 $     45,384 $     110,562$
(61,348)$   (43,816) $   (105,164)$
3,830$      1,568 $      5,398 $
Total # Requested by IT: 2 9,221$
Estimated Net Cost of Reclassification
Total Estimated to Internal Service Fund
City of Baldwin Park
Positions Requested from Information and Support Services for FY 2022‐23 Less cost paying consultant
Estimated Cost
Less cost from current position
POSITION TITLE JUSTIFICATION PROVIDED BY THE DEPARTMENT FUND

ALLOCATION
%
REQUESTED &

RECOMMENDE
D  STEP
Estimated
Salary
Estimated
Benefits
Estimated
Total Cost
100‐GF 55% 9,018 $        ‐ $            9,018$
403‐ISF 45% 7,379 $       ‐ $           7,379$
16,397$     ‐ $           16,397$
HR Technician‐Unfreeze 100‐GF 49% 25,035 $     20,435 $     45,471 $ 403‐IS 50% 25,546 $     20,853 $     46,399 $
806‐SA 1% 511$          417 $          928 $
51,092$     41,705 $     92,797 $
9,643$        1,090 $        10,733$
10,037$     1,134 $       11,171 $
19,680$     2,224 $       21,904 $
34,053$     20,435 $     54,489 $
33,435$     21,270 $     54,705 $
Total # Requested by HR: 2 67,489$     41,705 $     109,194 $ Note 2: The HR Generalist Part Time will be eliminated when the Admin Clerk II is approved and filled in the future.

Note 1: Request to fill the Admin Clerk II at Part‐Time for now. Will revisit during the mid‐year.

Total Estimated Cost
Estimated Cost
Total Estimated Cost of HR Generalist ‐ Part Time (Included in the Budget) Total Cost from Special Revenue & Other Funds
Total Cost from GFHR Generalist (Part Time)‐Will be eliminated when a Full Time Admin Clerk II position is
approved and filled‐See Note 2
City of Baldwin Park
Positions Requested from Human Resources for FY 2022‐23 Administrative Clerk II (Part‐Time)‐Additional
Position Request (See Note 1)
Estimated Cost to GF
Estimated Cost to Special Revenue & Other Funds if all filled Step 2 with
960/hrs/yr
Estimated Cost
Step 1
In order to restore minimum staffing levels, I am requesting that this position be unfrozen. The current part‐time HR Generalist position will eventually be deleted once the Technician position is unfrozen.

This position is vital to the HR operation. The Administrative Clerk II position will be responsible for absorbing critical administrative & clerical support functions of Human Resources requiring daily interface with Finance including, but not limited to: PAF processing, invoice processing, filing, payroll related functions, timekeeping, Tyler updates for employee profiles, benefit processing and other important tasks. Essentially, this position will help to properly realign roles and responsibilities and shift many of the clerical functions from professional staff, thus creating a new atmosphere of leadership, partnership and proactiveness to meet the needs of the org, which will positively impact employee morale, and productivity. Making this shift also protects the org and limits liability as more of the risk management functions will be more closely managed and
monitored effectively. The absence of an administrative clerk in HR has in fact contributed to turnover and retention challenges i HR th l t l Thi i tl d t l
POSITION TITLE FUND

ALLOCATION
%
Estimated
Salary
Estimated
Benefits
Estimated
Total Cost
100‐GF 91% 32,336 $    31,550 $    63,886 $
240‐SR 2% 711 $          693 $          1,404 $
244‐SR 1% 355 $          347 $          702 $
245‐SR 1% 355 $          347 $          702 $
254‐SR 1% 355 $          347 $          702 $
255‐SR 1% 355 $          347 $          702 $
256‐SR 2% 711 $          693 $          1,404 $
901‐HF 1% 355 $          347 $          702 $
35,534$    34,670 $    70,204 $
17,879$
1,987$
(19,866)$
46,007$
4,331$
Total # Requested by City Clerk: 1 50,338$
City of Baldwin Park
Positions Requested from City Clerk for FY 2022‐23
Administrative Clerk II (Full‐Time)‐
Additional Position Request
Step 2
To assist with complex confidential duties of
the City Clerk's Office. This position is being
requested at Administrative Clerk level 2 due
to the duties and responsibilities assigned.

JUSTIFICATION PROVIDED BY THE

DEPARTMENT
REQUESTED &

RECOMMENDED
STEP
City Clerk Specialist (Part Time)‐Will
be eliminated when a Full Time
Admin Clerk II position is approved
and filled
Total Estimated Cost to GF
Total Estimated Cost from Special Revenue & Other Funds Total Estimated Cost Reduction
Total Estimated Cost
Total Estimated Net Cost to GF
Total Estimated Cost from Special Revenue & Other Funds Total Estimated Net Cost
Administrative Clerk II Estimated
Net Cost
POSITION TITLE JUSTIFICATION PROVIDED BY THE DEPARTMENT FUND

ALLOCATION
%
REQUESTED &

RECOMMENDED
STEP
Estimated
Salary
Estimated
Benefits
Estimated
Total Cost
Management Assistant‐Reclassification 100‐GF 74% 40,768 $    31,186 $    71,954$ 220‐SR 3% 1,653 $      1,264 $      2,917$
221‐SR 1% 551 $         421 $         972$
235‐SR 2% 1,102 $      843 $         1,945$
240‐SR 2% 1,102 $      843 $         1,945$
244‐SR 2% 1,102 $      843 $         1,945$
245‐SR 2% 1,102 $      843 $         1,945$
251‐SR 2% 1,102 $      843 $         1,945$
254‐SR 2% 1,102 $      843 $         1,945$
255‐SR 2% 1,102 $      843 $         1,945$
256‐SR 2% 1,102 $      843 $         1,945$
403‐IS 5% 2,755 $      2,107 $      4,862$
890‐HAS 1% 551 $          421 $          972$
40,768$    31,186 $    71,954 $
14,324$    10,957 $    25,281 $
Finance Clerk (1)‐will be eliminated (34,069)$   (29,422) $   (63,491) $ (11,356)$   (9,807) $     (21,164)$
Finance Interns (2)‐leave frozen (31,958)$   (3,708) $     (35,666)$ (25,259)$   (1,944) $     (27,203)$
2,968$      1,150 $      4,117 $
Total # Requested by Finance: 1 (22,291)$   (794) $        (23,085)$ City of Baldwin Park
Positions Requested from Finance for FY 2022‐23
Total Estimated GF Cost
1 Total Estimated Special Revenue & Other Funds Cost
Less Cost from GF
Less Cost from Special Revenue & Other Funds
Less Savings from GF
Net Estimated Cost/(Savings) from GF)
Net Estimated Cost from Special Revenue & Other Funds
Total Net Estimated Savings
Reclass Finance Clerk to Management Assistant  to
reflect duties performed and the vital need of the
de
partment.

POSITION TITLE JUSTIFICATION PROVIDED BY THE DEPARTMENT FUND

ALLOCATION
%
TOTAL # OF
HOURS TO BE
WORKED IN
FY22‐23
REQUESTED &

RECOMMENDED
STEP
Estimated
Salary
Estimated
Benefits
Estimated
Total Cost
Housing Financial Analyst (Part Time)‐
Additional Position Request Specialized grant funding and report ing. 220‐HF 20% 6,361 $       687 $           7,048$ 221‐HF 15% 4,771 $      515 $          5,286$
901‐HF 40% 12,722 $    1,374 $      14,096 $
902‐HF 5% 1,590 $      172 $          1,762$
905‐HF 20% 6,361 $      687 $          7,048$
Total # Requested by CD: 1 31,805$    3,435 $      35,240 $ City of Baldwin Park
Position Requested from Community Development for FY 2022‐23 960 2
Total Estimated Cost to Special Revenue & Other Funds
POSITION TITLE JUSTIFICATION PROVIDED BY THE DEPARTMENT FUND ALLOCATION %
REQUESTED &
RECOMMENDED  STEP
Estimated
Salary
Estimated
Benefits
Estimated
Total Cost
Maintenance Worker I 246 50% 19,160          18,024          37,183 251 50% 19,160          18,024          37,183
38,319         36,047          74,366
Maintenance Worker I 251 20% 7,664             7,209             14,873 254 30% 11,496          10,814          22,310
245 50% 19,160          18,024          37,183
38,319         36,047          74,366
Maintenance Worker I 251 10% 3,832             3,605             7,437 252 25% 9,580             9,012             18,592
254 25% 9,580             9,012             18,592
256 35% 13,412          12,616          26,028
240 5% 1,916             1,802             3,718
38,319         36,047          74,366
Public Works Supervisor 240 10% 7,043             5,342             12,385 245 25% 17,608          13,354          30,963
246 25% 17,608          13,354          30,963
251 10% 7,043             5,342             12,385
256 30% 21,130          16,025          37,155
70,434         53,417          123,851
(48,854)        (43,384)         (92,238)
21,580         10,033          31,613
48,854         43,384          92,238
Management Analyst 240 10% 5,912             4,372             10,284 245 25% 14,780          10,931          25,710
246 25% 14,780          10,931          25,710
251 20% 11,824          8,745             20,568
256 20% 11,824          8,745             20,568
59,118         43,723          102,841
City of Baldwin Park
Positions Requested from Public Works for FY 2022‐23
Street Landscape ‐ added staffing will give department sufficient resources to properly maintain landscaped areas that were added recently to the Divisions footprint.  The Division will be able to enhance areas within the City's landscape and improve on quality of work by being able to complete tasks without sacrificing certain tasks. 1 Street Maintenance (Bulky Item) ‐ added staffing will allow department to focus on Bulky Items and illegal dumping city wide and sidewalk/ repairs to be performed  manner.  Will see in an improvement to the amount of items in the street.
1 Estimated Cost
Increasing regulations for environmental programs such as Stormwater and Solid Waste Refuse have added a strain to the Public Works Department as there is no effective coverage for these added tasks and responsibilities. SB 1383 will aggressively change the way that solid waste is handled in California. The new law requirements and programs require a dedicated staff member in order to effectively meet this challenge. Under general direction of the Director of Public Works,  this new position will manage; NPDES and Stormwater, MTA Local Return, oversee the department's budget, process grants and progress reports, prepare financial documents and analysis for staff reports, act as main liaison between staff for the implementation and ongoing management of SB 1383 requirements such as the required food recovery program Street Maintenance (Bulky Item) ‐ added staffing will allow department to focus on Bulky Items and illegal dumping city wide and sidewalk/ repairs to be performed  manner.  Will see in an improvement to the amount of items in the street.
1 Estimated Cost
Estimated Cost
Estimated Cost
3 Minus Estimated Cost from Sr. Maint. Worker
Net Estimated Cost
Under general direction of the Public Works Manager, Supervisor will primarily ensure the Department's work plan is being executed to a high standard.  He will work with Public Work's Senior Lead workers to continue to improve the quality of work, ensure safety program is in place, and work orders are being completed in a timely fashion.

Responsibilities include planning, organizing, supervising, reviewing, and evaluating the work of staff. Incumbent will be expected to independently perform a full range of construction and maintenance functions. They will be also be required to prepare weekly reports, conduct staff meetin
gs, and logistics for projects and events.

Remove one unfilled Senior Maintenance Worker position. This position will be eliminated to offset costs for PW supervisor position.

Remove Sr. Maintenance
Worker if Public Works
Supervisor is approved.

Estimated Cost
Estimated Cost
1 POSITION TITLE JUSTIFICATION PROVIDED BY THE DEPARTMENT FUND ALLOCATION %
REQUESTED &
RECOMMENDED STEP
Estimated
Salary
Estimated
Benefits
Estimated
Total Cost
195,655$ 161,897 $ 357,552 $
240 25% 4,552
244 25% 4,552
251 25% 4,552
254 25% 4,552
18,207$
qq y p g
and work with Code on enforcement matters. Additionally, the position will be assisting to meet the requirements of the Safe, Clean Water Program Implementation Ordinance and the San Gabriel Region Safe, Clean Water Program Ordinance, both of which are codified in the LACFCD Code.

Total # Requested by PW: 5
Total Estimated Cost to Special Revenue Fund
To assist in answering incoming phone calls to the Community Development and the Public Works department. The City has been receiving an increase in the volume of phone calls which has prevented staff from completing other competing priorities. This position was requested during FY 2021‐22 and recently hired. It was intended to added to the FY 2022‐23 Budget.

Department Assistant
(Part‐Time)
$16.82/hour
Total Estimated Cost
POSITION TITLE
JUSTIFICATION PROVIDED BY THE
DEPARTMENT ALLOCATION %
REQUESTED &

RECOMMENDED
STEP
Estimated
Salary
Estimated
Benefits
Estimated
Total Cost
Program Supervisor‐Reclassification Upgrade Senior Center Progra m Coordinator to Program Supervisor 100% 4
68,461$     52,752 $     121,213 $
(62,776)$   (50,422) $   (113,198)$
Total # Requested by RCS: 1 5,685$      2,330 $      8,015 $ City of Baldwin Park
Position Requested from Recreation & Community Services for FY 2022‐23 Estimated Net Cost of Reclassification
100
Minus Estimated Cost from Program Coordinator Position
FUND
General Fund Special Revenue and
Other Funds Total Projected Cost
Part‐time 114,747                      14,460                         129,207 Full‐time 13,261                        15,645                         28,906 Total Projected  Cost 128,008$                   30,105 $                      158,113 $ include the Housing Technician position at this time since it's not currently in the approved & adopted positions.

Note: Adjust Part‐Time minimum wage to $16.82 per hour and Full‐Time Administrative I & II salary due to part‐time rate adjustment (currently have 4 employees in these positions). These adjustments do not Part‐Time and Full Time Salary Adjustment Summary of Projected Cost RESOLUTION NO. 2022-046

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN

PARK, CALIFORNIA, ESTABLISHING A COMPREHENSIVE PAY

SCHEDULE FOR ALL FULL TIME AND PART TIME EMPLOYEES

AND ELECTED OFFICIALS IN ACCORDANCE WITH CALIFORNIA

MINIMUM WAGE LAWS AND CALPERS GUIDELINES

WHEREAS, the City of Baldwin Park will be adjusting the salary range for the full time Administrative Clerk I and II positions requiring some adjustments to the City of Baldwin Park’s current comprehensive pay schedule, attached thereto as Attachment A; and

WHEREAS, the City of Baldwin Park will be adding a new position of Public Works Supervisor and appropriate salary range requiring some adjustments to the City of Baldwin Park’s current comprehensive pay schedule, attached thereto as Attachment A; and

WHEREAS, the City of Baldwin Park will be adding a new part -time position of Administrative Clerk II and Housing Financial Analyst requiring some adjustments to the City of Baldwin Park’s current comprehensive pay schedule, attached thereto as Attachment A; and

WHEREAS, California Employees Retirement System (CalPERS) requires 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 update and maintain a single salary schedule required in compliance with the requirements of CalPERS and has attached said schedule to this resolution as Attachment A with the effective date of August 3, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1.

The City Council of the City of Baldwin Park does hereby approve and authorize the comprehensive City of Baldwin Park Pay Schedule that includes pay rate information for all full -time and part -time employees as well as Elected Official is hereby effective August 3, 2022.

PASSED, APPROVED, AND ADOPTED this 3rd day of August 2022.

_______________________________

EMMANUEL ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-046 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on August 3rd , 2022, and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK

CITY OF BALDWIN PARK
Pay Schedule
CA Code of Regulations (CCR 570.5)
Effective August 3, 2022
Job
Number Title Annual Fixed Rate
60006 Mayor $7,200.00
60008 City Council $7,200.00
60001 City Clerk (Non-Certified) $2,400.00
60002 City Treasurer $2,400.00
10005 City Commissioner (Per Meeting) $50.00
Housing Authority (Per Meeting) $30.00
Elected Officials
Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5
20001 Chief Executive Officer hourly 104.20$ 109.41$ 114.88$ 120.62$ 126.65$ monthly 18,060.54$ 18,963.57$ 19,911.75$ 20,907.34$ 21,952.70$ annual 216,726.53$ 227,562.86$ 238,941.00$ 250,888.05$ 263,432.45$ 20096 Chief of Police hourly 101.17$ 106.22$ 111.54$ 117.11$ 122.97$ monthly 17,535.38$ 18,412.15$ 19,332.76$ 20,299.39$ 21,314.36$ annual 210,424.55$ 220,945.78$ 231,993.06$ 243,592.72$ 255,772.35$ 20096-A Interim Chief of Police hourly 92.87$
monthly 16,096.76$
annual 193,161.07$
20097 Director of Community Development hourly 69.48$ 72.95$ 76.60$ 80.43$ 84.45$ monthly 12,043.11$ 12,645.27$ 13,277.53$ 13,941.41$ 14,638.48$ annual 144,517.33$ 151,743.20$ 159,330.36$ 167,296.88$ 175,661.72$ 20037 Director of Public Works hourly 72.95$ 76.60$ 80.43$ 84.45$ 88.68$ monthly 12,645.27$ 13,277.53$ 13,941.41$ 14,638.48$ 15,370.40$ annual 151,743.19$ 159,330.35$ 167,296.87$ 175,661.71$ 184,444.80$ 20092 Director of Recreation & Community Services hourly 76.43$ 80.25$ 84.26$ 88.47$ 92.90$ monthly 13,247.42$ 13,909.79$ 14,605.28$ 15,335.55$ 16,102.32$ annual 158,969.06$ 166,917.52$ 175,263.39$ 184,026.56$ 193,227.89$ 20094 Director of Finance hourly 76.57$ 80.40$ 84.42$ 88.64$ 93.07$ monthly 13,272.36$ 13,935.97$ 14,632.77$ 15,364.41$ 16,132.63$ annual 159,268.27$ 167,231.69$ 175,593.27$ 184,372.93$ 193,591.58$ Executive Management

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31011 Accounting Manager hourly 47.93$ 50.33$ 52.84$ 55.49$ 58.26$ 61.17$ 64.23$ monthly 8,308.08$ 8,723.49$ 9,159.66$ 9,617.64$ 10,098.53$ 10,603.45$ 11,133.62$ annual 99,696.99$ 104,681.83$ 109,915.93$ 115,411.72$ 121,182.31$ 127,241.42$ 133,603.50$ 31050 Chief Deputy City Clerk hourly 33.91$ 35.61$ 37.39$ 39.26$ 41.22$ 43.28$ 45.45$ monthly 5,878.38$ 6,172.30$ 6,480.91$ 6,804.96$ 7,145.21$ 7,502.47$ 7,877.59$ annual 70,540.56$ 74,067.59$ 77,770.97$ 81,659.52$ 85,742.49$ 90,029.62$ 94,531.10$ 31012 City Planner hourly 46.05$ 48.35$ 50.77$ 53.30$ 55.97$ 58.77$ 61.71$ monthly 7,981.35$ 8,380.41$ 8,799.43$ 9,239.40$ 9,701.37$ 10,186.44$ 10,695.77$ annual 95,776.14$ 100,564.95$ 105,593.20$ 110,872.86$ 116,416.50$ 122,237.32$ 128,349.19$ 31081 Housing Manager hourly 42.15$ 44.25$ 46.47$ 48.79$ 51.23$ 53.79$ 56.48$ monthly 7,305.29$ 7,670.56$ 8,054.09$ 8,456.79$ 8,879.63$ 9,323.61$ 9,789.79$ annual 87,663.53$ 92,046.71$ 96,649.05$ 101,481.50$ 106,555.57$ 111,883.35$ 117,477.52$ 31031 Human Resources/Risk Manager hourly 52.84$ 55.49$ 58.26$ 61.17$ 64.23$ 67.44$ 70.82$ monthly 9,159.65$ 9,617.63$ 10,098.51$ 10,603.43$ 11,133.61$ 11,690.29$ 12,274.80$ annual 109,915.75$ 115,411.53$ 121,182.11$ 127,241.22$ 133,603.28$ 140,283.44$ 147,297.61$ Unclassified Management

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31041 Assistant Accounting Manager hourly 46.54$ 48.86$ 51.31$ 53.87$ 56.56$ 59.39$ 62.36$ monthly 8,066.14$ 8,469.45$ 8,892.92$ 9,337.56$ 9,804.44$ 10,294.66$ 10,809.40$ annual 96,793.67$ 101,633.35$ 106,715.02$ 112,050.77$ 117,653.31$ 123,535.98$ 129,712.77$ 31025 Building Official/Plan Check Supervisor hourly 46.71$ 49.05$ 51.50$ 54.07$ 56.78$ 59.62$ 62.60$ monthly 8,096.49$ 8,501.32$ 8,926.38$ 9,372.70$ 9,841.34$ 10,333.40$ 10,850.07$ annual 97,157.89$ 102,015.79$ 107,116.57$ 112,472.40$ 118,096.02$ 124,000.83$ 130,200.87$ 31010 Engineering Manager hourly 46.53$ 48.86$ 51.30$ 53.87$ 56.56$ 59.39$ 62.36$ monthly 8,065.38$ 8,468.65$ 8,892.08$ 9,336.69$ 9,803.52$ 10,293.70$ 10,808.38$ annual 96,784.59$ 101,623.82$ 106,705.01$ 112,040.26$ 117,642.28$ 123,524.39$ 129,700.61$ 31014 Public Works Maintenance Operations Manager hourly 45.23$ 47.49$ 49.87$ 52.36$ 54.98$ 57.73$ 60.61$ monthly 7,839.75$ 8,231.73$ 8,643.32$ 9,075.49$ 9,529.26$ 10,005.72$ 10,506.01$ annual 94,076.94$ 98,780.79$ 103,719.83$ 108,905.82$ 114,351.11$ 120,068.67$ 126,072.10$ 80070 Information Systems (IT) Manager hourly 45.23$ 47.49$ 49.87$ 52.36$ 54.98$ 57.73$ 60.61$ monthly 7,839.75$ 8,231.73$ 8,643.32$ 9,075.49$ 9,529.26$ 10,005.72$ 10,506.01$ annual 94,076.94$ 98,780.79$ 103,719.83$ 108,905.82$ 114,351.11$ 120,068.67$ 126,072.10$ 80019 Recreation & Community Services Manager hourly 45.23$ 47.49$ 49.87$ 52.36$ 54.98$ 57.73$ 60.61$ monthly 7,839.75$ 8,231.73$ 8,643.32$ 9,075.49$ 9,529.26$ 10,005.72$ 10,506.01$ annual 94,076.94$ 98,780.79$ 103,719.83$ 108,905.82$ 114,351.11$ 120,068.67$ 126,072.10$ Classified Management Employees Association (CMEA)

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 70052 Executive Secretary hourly 24.08$ 25.29$ 26.55$ 27.88$ 29.27$ 30.74$ 32.27$ monthly 4,174.32$ 4,383.03$ 4,602.19$ 4,832.29$ 5,073.91$ 5,327.60$ 5,593.98$ annual 50,091.81$ 52,596.40$ 55,226.22$ 57,987.53$ 60,886.91$ 63,931.25$ 67,127.82$ 70027 Human Resources Analyst II hourly 31.72$ 33.31$ 34.97$ 36.72$ 38.56$ 40.48$ 42.51$ monthly 5,498.04$ 5,772.94$ 6,061.59$ 6,364.67$ 6,682.90$ 7,017.05$ 7,367.90$ annual 65,976.50$ 69,275.33$ 72,739.09$ 76,376.05$ 80,194.85$ 84,204.59$ 88,414.82$ Human Resources Analyst I hourly 28.77$ 30.21$ 31.72$ 33.31$ 34.97$ 36.72$ 38.56$ monthly 4,986.88$ 5,236.23$ 5,498.04$ 5,772.94$ 6,061.59$ 6,364.67$ 6,682.90$ annual 59,842.60$ 62,834.73$ 65,976.46$ 69,275.29$ 72,739.05$ 76,376.00$ 80,194.80$ 70022 Human Resources Technician hourly 24.56$ 25.79$ 27.08$ 28.44$ 29.86$ 31.35$ 32.92$ monthly 4,257.65$ 4,470.53$ 4,694.06$ 4,928.76$ 5,175.20$ 5,433.96$ 5,705.66$ annual 51,091.81$ 53,646.40$ 56,328.72$ 59,145.16$ 62,102.42$ 65,207.54$ 68,467.92$ Classified Confidential Employees Association (CCEA)

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80025 Accountant hourly 27.52$ 28.89$ 30.34$ 31.86$ 33.45$ 35.12$ 36.88$ monthly 4,769.97$ 5,008.46$ 5,258.89$ 5,521.83$ 5,797.92$ 6,087.82$ 6,392.21$ annual 57,239.59$ 60,101.57$ 63,106.65$ 66,261.98$ 69,575.08$ 73,053.83$ 76,706.52$ 42036 Administrative Clerk I hourly 16.82$ 17.66$ 18.54$ 19.47$ 20.44$ 21.47$ 22.54$ monthly 2,915.47$ 3,061.24$ 3,214.30$ 3,375.02$ 3,543.77$ 3,720.96$ 3,907.00$ annual 34,985.60$ 36,734.88$ 38,571.62$ 40,500.21$ 42,525.22$ 44,651.48$ 46,884.05$ 42037 Administrative Clerk II hourly 17.66$ 18.54$ 19.47$ 20.44$ 21.47$ 22.54$ 23.67$ monthly 3,061.24$ 3,214.30$ 3,375.02$ 3,543.77$ 3,720.96$ 3,907.00$ 4,102.35$ annual 36,734.88$ 38,571.62$ 40,500.21$ 42,525.22$ 44,651.48$ 46,884.05$ 49,228.25$ 80039 Assistant Planner hourly 28.12$ 29.52$ 31.00$ 32.55$ 34.18$ 35.89$ 37.68$ monthly 4,780.23$ 5,117.66$ 5,373.54$ 5,642.22$ 5,924.33$ 6,220.55$ 6,531.57$ annual 57,362.76$ 61,411.90$ 64,482.49$ 67,706.62$ 71,091.95$ 74,646.54$ 78,378.87$ 80040 Associate Engineer hourly 32.86$ 34.50$ 36.23$ 38.04$ 39.94$ 41.94$ 44.03$ monthly 5,695.61$ 5,980.39$ 6,279.41$ 6,593.38$ 6,923.05$ 7,269.20$ 7,632.66$ annual 68,347.29$ 71,764.65$ 75,352.88$ 79,120.53$ 83,076.55$ 87,230.38$ 91,591.90$ 80058 Associate Planner hourly 31.72$ 33.31$ 34.97$ 36.72$ 38.56$ 40.48$ 42.51$ monthly 5,498.04$ 5,772.94$ 6,061.59$ 6,364.67$ 6,682.90$ 7,017.05$ 7,367.90$ annual 65,976.50$ 69,275.33$ 72,739.09$ 76,376.05$ 80,194.85$ 84,204.59$ 88,414.82$ 80073 Building Inspector hourly 26.91$ 28.26$ 29.67$ 31.16$ 32.71$ 34.35$ 36.07$ monthly 4,664.94$ 4,898.18$ 5,143.09$ 5,400.25$ 5,670.26$ 5,953.77$ 6,251.46$ annual 55,979.25$ 58,778.21$ 61,717.12$ 64,802.97$ 68,043.12$ 71,445.28$ 75,017.54$ 80062 Building/Engineering Permit Technician hourly 19.47$ 20.45$ 21.47$ 22.54$ 23.67$ 24.85$ 26.10$ monthly 3,375.58$ 3,544.36$ 3,721.57$ 3,907.65$ 4,103.04$ 4,308.19$ 4,523.60$ annual 40,506.93$ 42,532.28$ 44,658.89$ 46,891.84$ 49,236.43$ 51,698.25$ 54,283.17$ 80033 Community Enhancement Officer hourly 23.21$ 24.37$ 25.59$ 26.86$ 28.21$ 29.62$ 31.10$ monthly 4,022.51$ 4,223.63$ 4,434.81$ 4,656.55$ 4,889.38$ 5,133.85$ 5,390.54$ annual 48,270.07$ 50,683.57$ 53,217.75$ 55,878.64$ 58,672.57$ 61,606.20$ 64,686.51$ City Employees Association (CEA)

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80065 Community Enhancement Supervisor hourly 30.42$ 31.94$ 33.54$ 35.21$ 36.97$ 38.82$ 40.76$ monthly 5,272.63$ 5,536.26$ 5,813.07$ 6,103.72$ 6,408.91$ 6,729.35$ 7,065.82$ annual 63,271.50$ 66,435.08$ 69,756.83$ 73,244.67$ 76,906.91$ 80,752.25$ 84,789.86$ 80024 Community Services Supervisor hourly 33.92$ 35.62$ 37.40$ 39.27$ 41.23$ 43.29$ 45.46$ monthly 5,879.80$ 6,173.79$ 6,482.48$ 6,806.61$ 7,146.94$ 7,504.29$ 7,879.50$ annual 70,557.66$ 74,085.54$ 77,789.81$ 81,679.31$ 85,763.27$ 90,051.43$ 94,554.01$ 42048 Construction Clerk hourly 17.96$ 18.86$ 19.80$ 20.79$ 21.83$ 22.92$ 24.07$ monthly 3,112.96$ 3,268.61$ 3,432.04$ 3,603.64$ 3,783.82$ 3,973.01$ 4,171.66$ annual 37,355.51$ 39,223.29$ 41,184.45$ 43,243.67$ 45,405.86$ 47,676.15$ 50,059.96$ 80077 Engineering Assistant hourly 26.21$ 27.52$ 28.89$ 30.34$ 31.86$ 33.45$ 35.12$ monthly 4,542.67$ 4,769.80$ 5,008.29$ 5,258.71$ 5,521.64$ 5,797.72$ 6,087.61$ annual 54,512.02$ 57,237.62$ 60,099.50$ 63,104.48$ 66,259.70$ 69,572.69$ 73,051.32$ 42045 Finance Clerk hourly 17.97$ 18.87$ 19.81$ 20.80$ 21.84$ 22.93$ 24.08$ monthly 3,114.28$ 3,270.00$ 3,433.50$ 3,605.17$ 3,785.43$ 3,974.70$ 4,173.44$ annual 37,371.40$ 39,239.97$ 41,201.97$ 43,262.06$ 45,425.17$ 47,696.42$ 50,081.25$ 80026 Housing Inspector hourly 23.21$ 24.37$ 25.59$ 26.86$ 28.21$ 29.62$ 31.10$ monthly 4,022.51$ 4,223.63$ 4,434.81$ 4,656.55$ 4,889.38$ 5,133.85$ 5,390.54$ annual 48,270.07$ 50,683.57$ 53,217.75$ 55,878.64$ 58,672.57$ 61,606.20$ 64,686.51$ 42050 Housing Specialist hourly 17.96$ 18.86$ 19.80$ 20.79$ 21.83$ 22.92$ 24.07$ monthly 3,112.96$ 3,268.61$ 3,432.04$ 3,603.64$ 3,783.82$ 3,973.01$ 4,171.66$ annual 37,355.51$ 39,223.29$ 41,184.45$ 43,243.67$ 45,405.86$ 47,676.15$ 50,059.96$ 42049 Housing Technician hourly 17.14$ 18.00$ 18.90$ 19.84$ 20.83$ 21.88$ 22.97$ monthly 2,970.91$ 3,119.45$ 3,275.42$ 3,439.19$ 3,611.15$ 3,791.71$ 3,981.30$ annual 35,650.87$ 37,433.41$ 39,305.08$ 41,270.34$ 43,333.85$ 45,500.54$ 47,775.57$ 42020 Imaging Specialist hourly 17.97$ 18.87$ 19.81$ 20.80$ 21.84$ 22.93$ 24.08$ monthly 3,114.28$ 3,270.00$ 3,433.50$ 3,605.17$ 3,785.43$ 3,974.70$ 4,173.44$ annual 37,371.40$ 39,239.97$ 41,201.97$ 43,262.06$ 45,425.17$ 47,696.42$ 50,081.25$ 42021 Information Systems Analyst hourly 28.42$ 29.84$ 31.34$ 32.90$ 34.55$ 36.27$ 38.09$ monthly 4,926.49$ 5,172.82$ 5,431.46$ 5,703.03$ 5,988.18$ 6,287.59$ 6,601.97$ annual 59,117.93$ 62,073.83$ 65,177.52$ 68,436.40$ 71,858.22$ 75,451.13$ 79,223.69$ 80043 Information Systems Support Technician hourly 22.01$ 23.11$ 24.27$ 25.48$ 26.75$ 28.09$ 29.49$ monthly 3,814.91$ 4,005.65$ 4,205.94$ 4,416.23$ 4,637.04$ 4,868.90$ 5,112.34$ annual 45,778.89$ 48,067.83$ 50,471.22$ 52,994.78$ 55,644.52$ 58,426.75$ 61,348.09$ City Employees Association (CEA)

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80037 Management Analyst hourly 28.42$ 29.84$ 31.34$ 32.90$ 34.55$ 36.27$ 38.09$ monthly 4,926.49$ 5,172.82$ 5,431.46$ 5,703.03$ 5,988.18$ 6,287.59$ 6,601.97$ annual 59,117.93$ 62,073.83$ 65,177.52$ 68,436.40$ 71,858.22$ 75,451.13$ 79,223.69$ 80069 Management Assistant hourly 26.49$ 27.81$ 29.20$ 30.66$ 32.19$ 33.80$ 35.49$ monthly 4,591.04$ 4,820.59$ 5,061.62$ 5,314.70$ 5,580.44$ 5,859.46$ 6,152.43$ annual 55,092.46$ 57,847.08$ 60,739.43$ 63,776.40$ 66,965.22$ 70,313.49$ 73,829.16$ 80052 Payroll Specialist hourly 23.09$ 24.25$ 25.46$ 26.73$ 28.07$ 29.47$ 30.94$ monthly 4,002.47$ 4,202.59$ 4,412.72$ 4,633.36$ 4,865.03$ 5,108.28$ 5,363.69$ annual 48,029.65$ 50,431.13$ 52,952.69$ 55,600.32$ 58,380.34$ 61,299.36$ 64,364.32$ 80051 Program Coordinator hourly 22.52$ 23.65$ 24.83$ 26.07$ 27.38$ 28.74$ 30.18$ monthly 3,903.72$ 4,098.91$ 4,303.86$ 4,519.05$ 4,745.00$ 4,982.25$ 5,231.36$ annual 46,844.70$ 49,186.93$ 51,646.28$ 54,228.59$ 56,940.02$ 59,787.03$ 62,776.38$ 80031 Program Supervisor hourly 28.43$ 29.85$ 31.35$ 32.91$ 34.56$ 36.29$ 38.10$ monthly 4,928.25$ 5,174.66$ 5,433.40$ 5,705.07$ 5,990.32$ 6,289.84$ 6,604.33$ annual 59,139.02$ 62,095.97$ 65,200.76$ 68,460.80$ 71,883.84$ 75,478.04$ 79,251.94$ 80035 Senior Finance Clerk hourly 21.98$ 23.08$ 24.24$ 25.45$ 26.72$ 28.06$ 29.46$ monthly 3,810.70$ 4,001.24$ 4,201.30$ 4,411.37$ 4,631.94$ 4,863.53$ 5,106.71$ annual 45,728.46$ 48,014.88$ 50,415.62$ 52,936.41$ 55,583.23$ 58,362.39$ 61,280.51$ 42052 Senior Housing Specialist hourly 22.77$ 23.91$ 25.10$ 26.36$ 27.68$ 29.06$ 30.51$ monthly 3,946.86$ 4,144.21$ 4,351.42$ 4,568.99$ 4,797.44$ 5,037.31$ 5,289.17$ annual 47,362.35$ 49,730.47$ 52,216.99$ 54,827.84$ 57,569.23$ 60,447.70$ 63,470.08$ 80041 Senior Planner hourly 36.47$ 38.30$ 40.21$ 42.22$ 44.33$ 46.55$ 48.88$ monthly 6,321.86$ 6,637.95$ 6,969.85$ 7,318.34$ 7,684.26$ 8,068.47$ 8,471.90$ annual 75,862.31$ 79,655.43$ 83,638.20$ 87,820.11$ 92,211.12$ 96,821.67$ 101,662.76$ City Employees Association (CEA)

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 40061 Equipment Mechanic hourly 21.86$ 22.95$ 24.10$ 25.30$ 26.57$ 27.90$ 29.29$ monthly 3,788.85$ 3,978.29$ 4,177.21$ 4,386.07$ 4,605.37$ 4,835.64$ 5,077.42$ annual 45,466.23$ 47,739.54$ 50,126.52$ 52,632.84$ 55,264.48$ 58,027.71$ 60,929.09$ 40054 Maintenance Worker I hourly 18.42$ 19.34$ 20.31$ 21.33$ 22.39$ 23.51$ 24.69$ monthly 3,193.26$ 3,352.92$ 3,520.57$ 3,696.59$ 3,881.42$ 4,075.49$ 4,279.27$ annual 38,319.08$ 40,235.03$ 42,246.79$ 44,359.13$ 46,577.08$ 48,905.94$ 51,351.23$ 40055 Maintenance Worker II hourly 20.27$ 21.28$ 22.34$ 23.46$ 24.63$ 25.86$ 27.16$ monthly 3,512.64$ 3,688.27$ 3,872.68$ 4,066.32$ 4,269.63$ 4,483.12$ 4,707.27$ annual 42,151.67$ 44,259.25$ 46,472.21$ 48,795.83$ 51,235.62$ 53,797.40$ 56,487.27$ 40053 Senior Equipment Mechanic hourly 24.04$ 25.25$ 26.51$ 27.83$ 29.23$ 30.69$ 32.22$ monthly 4,167.72$ 4,376.11$ 4,594.91$ 4,824.66$ 5,065.89$ 5,319.18$ 5,585.14$ annual 50,012.64$ 52,513.27$ 55,138.93$ 57,895.88$ 60,790.67$ 63,830.21$ 67,021.72$ 40060 Senior Maintenance Worker hourly 22.37$ 23.49$ 24.66$ 25.90$ 27.19$ 28.55$ 29.98$ monthly 3,877.33$ 4,071.20$ 4,274.76$ 4,488.50$ 4,712.92$ 4,948.57$ 5,196.00$ annual 46,528.01$ 48,854.41$ 51,297.13$ 53,861.98$ 56,555.08$ 59,382.84$ 62,351.98$ Senior Maintenance Worker Y-Rated hourly 41.16$
monthly 7,134.38$
annual 85,612.60$
40062 Street Sweeper Operator hourly 20.77$ 21.81$ 22.90$ 24.05$ 25.25$ 26.51$ 27.84$ monthly 3,600.43$ 3,780.45$ 3,969.47$ 4,167.94$ 4,376.34$ 4,595.16$ 4,824.92$ annual 43,205.13$ 45,365.38$ 47,633.65$ 50,015.33$ 52,516.10$ 55,141.91$ 57,899.00$ 40063 Public Works Supervisor hourly 30.71$ 32.25$ 33.86$ 35.56$ 37.33$ 39.20$ 41.16$ monthly 5,323.79$ 5,589.98$ 5,869.48$ 6,162.96$ 6,471.10$ 6,794.66$ 7,134.39$ annual 63,885.51$ 67,079.79$ 70,433.78$ 73,955.46$ 77,653.24$ 81,535.90$ 85,612.69$ SEIU Employees

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5
51047 Civilian Dispatcher hourly 24.48$ 25.70$ 26.98$ 28.33$ 29.75$ monthly 4,242.43$ 4,454.55$ 4,677.28$ 4,911.14$ 5,156.70$ annual 50,909.13$ 53,454.59$ 56,127.32$ 58,933.69$ 61,880.37$ 51064 Civilian Dispatcher Supervisor hourly 32.73$ 34.37$ 36.08$ 37.89$ 39.78$ monthly 5,673.20$ 5,956.86$ 6,254.70$ 6,567.44$ 6,895.81$ annual 68,078.38$ 71,482.29$ 75,056.41$ 78,809.23$ 82,749.69$ 51029 Community Service Officer hourly 25.06$ 26.32$ 27.63$ 29.02$ 30.47$ monthly 4,344.56$ 4,561.78$ 4,789.87$ 5,029.37$ 5,280.84$ annual 52,134.68$ 54,741.41$ 57,478.48$ 60,352.41$ 63,370.03$ 51041 Parking Enforcement Officer hourly 25.06$ 26.32$ 27.63$ 29.02$ 30.47$ monthly 4,344.56$ 4,561.78$ 4,789.87$ 5,029.37$ 5,280.84$ annual 52,134.68$ 54,741.41$ 57,478.48$ 60,352.41$ 63,370.03$ 50076 Police Officer hourly 38.19$ 40.10$ 42.11$ 44.21$ 46.42$ monthly 6,619.79$ 6,950.78$ 7,298.32$ 7,663.23$ 8,046.39$ annual 79,437.46$ 83,409.34$ 87,579.80$ 91,958.79$ 96,556.73$ 51039 Police Records Specialist I hourly 18.37$ 19.29$ 20.26$ 21.27$ 22.33$ monthly 3,184.98$ 3,344.23$ 3,511.44$ 3,687.01$ 3,871.36$ annual 38,219.74$ 40,130.72$ 42,137.26$ 44,244.12$ 46,456.33$ 51040 Police Records Specialist II hourly 20.28$ 21.30$ 22.36$ 23.48$ 24.65$ monthly 3,515.43$ 3,691.21$ 3,875.77$ 4,069.55$ 4,273.03$ annual 42,185.20$ 44,294.46$ 46,509.19$ 48,834.65$ 51,276.38$ 52085 Police Sergeant hourly 47.85$ 50.24$ 52.75$ 55.39$ 58.16$ monthly 8,293.52$ 8,708.20$ 9,143.61$ 9,600.79$ 10,080.83$ annual 99,522.25$ 104,498.36$ 109,723.28$ 115,209.44$ 120,969.91$ 51062 Police Technician hourly 25.92$ 27.21$ 28.57$ 30.00$ 31.50$ monthly 4,491.97$ 4,716.56$ 4,952.39$ 5,200.01$ 5,460.01$ annual 53,903.60$ 56,598.78$ 59,428.72$ 62,400.15$ 65,520.16$ Police Officers Association (POA)

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5
51071 Public Safety Trainee hourly 28.50$
monthly 4,939.90$
annual 59,278.80$
51065 Records Supervisor hourly 30.03$ 31.53$ 33.11$ 34.77$ 36.50$ monthly 5,205.59$ 5,465.87$ 5,739.16$ 6,026.12$ 6,327.42$ annual 62,467.04$ 65,590.39$ 68,869.91$ 72,313.40$ 75,929.07$ Police Officers Association (POA)

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Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 30090 Police Captain hourly 65.96$ 69.26$ 72.72$ 76.36$ 80.17$ 84.18$ 88.39$ monthly 11,432.95$ 12,004.60$ 12,604.83$ 13,235.07$ 13,896.83$ 14,591.67$ 15,321.25$ annual 137,195.46$ 144,055.23$ 151,257.99$ 158,820.89$ 166,761.94$ 175,100.03$ 183,855.04$ 30089 Police Lieutenant hourly 58.65$ 61.58$ 64.66$ 67.89$ 71.29$ 74.85$ 78.59$ monthly 10,165.53$ 10,673.80$ 11,207.50$ 11,767.87$ 12,356.26$ 12,974.08$ 13,622.78$ annual 121,986.34$ 128,085.66$ 134,489.94$ 141,214.44$ 148,275.16$ 155,688.92$ 163,473.37$ Police Management Employees Association (PMEA)

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Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1
PT2 Youth Employment Participant hourly $ 16.82 $ 17.16 $ 17.50 Cashier hourly $ 16.82 $ 17.16 $ 17.50 PT3 Recreation Leader hourly $ 16.82 $ 17.16 $ 17.50 Officer Clerk I hourly $ 16.82 $ 17.16 $ 17.50 PT4 Office Clerk II hourly $ 17.16 $ 17.50 $ 17.85 PT5 Intern hourly $ 16.82 $ 17.16 $ 17.50 Police Cadet hourly $ 16.82 $ 17.16 $ 17.50 PT6 Department Assistant hourly $ 17.85 $ 18.21 $ 18.57 Computer Assistant hourly $ 17.85 $ 18.21 $ 18.57 Maintenance Assistant hourly $ 17.85 $ 18.21 $ 18.57 PT7 Maintenance Assistant II hourly $ 18.21 $ 18.57 $ 18.95 Senior Recreation Leader hourly $ 18.21 $ 18.57 $ 18.95 PT8 Assistant Boxing Coach hourly $ 18.57 $ 18.94 $ 19.32 Fleet Assistant hourly $ 16.82 $ 17.15 $ 17.50 Building Aide hourly $ 16.82 $ 17.15 $ 17.50 PT9 Lifeguard hourly $ 18.94 $ 19.32 $ 19.71 PT10 Water Safety Instructor hourly $ 19.32 $ 19.71 $ 20.10 Fleet Assistant II hourly $ 16.82 $ 17.15 17.50$ $ 17.85 $ 18.20 $ 18.57 $ 18.94 PT11 Swim Coach hourly $ 19.71 $ 20.10 $ 20.51 Police Specialist hourly $ 16.82 $ 17.15 $ 17.50 17.85$ $ 18.20 $ 18.57 $ 18.94 Computer Specialist hourly $ 19.71 $ 20.10 $ 20.51 Housing Specialist I hourly $ 16.82 $ 17.15 $ 17.50 17.85$ $ 18.20 $ 18.57 $ 18.94 PT12 Head Lifeguard hourly $ 20.10 $ 20.50 $ 20.91 Planning Technician hourly $ 17.50 $ 17.85 $ 18.20 18.57$ $ 18.94 $ 19.32 $ 19.70 Community Enhancement Technician hourly $ 17.50 $ 17.85 $ 18.20 18.57$ $ 18.94 $ 19.32 $ 19.70 Parking Enforcement Officer hourly $ 17.50 $ 17.85 $ 18.20 18.57$ $ 18.94 $ 19.32 $ 19.70 PT13 Administrative Clerk II hourly 17.66$ 18.54$ 19.47$ 20.44$ 21.47$ 22.54$ 23.67$ PT14 Program Specialist hourly $ 20.50 $ 20.91 $ 21.33 Housing Specialist II hourly $ 17.85 $ 18.20 $ 18.57 18.94$ $ 19.32 $ 19.70 $ 20.10 Rehabilitation Housing Specialist hourly $ 17.85 $ 18.20 $ 18.57 18.94$ $ 19.32 $ 19.70 $ 20.10 Head Boxing Coach hourly $ 20.50 $ 20.91 $ 21.33 Range
Part-Time Employees

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Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT15 Human Resources Generalist hourly $ 18.57 $ 18.94 $ 19.32 19.70$ $ 20.10 $ 20.50 $ 20.91 Finance Generalist hourly $ 18.57 $ 18.94 $ 19.32 19.70$ $ 20.10 $ 20.50 $ 20.91 Housing Generalist hourly $ 18.57 $ 18.94 $ 19.32 19.70$ $ 20.10 $ 20.50 $ 20.91 City Clerk Specialist hourly $ 18.57 $ 18.94 $ 19.32 19.70$ $ 20.10 $ 20.50 $ 20.91 PT16 Aquatic Manager hourly $ 21.33 $ 21.76 $ 22.19 PT17 Domestic Violence Advocate hourly $ 18.94 $ 19.32 $ 19.70 20.10$ $ 20.50 $ 20.91 $ 21.33 PT18 hourly $ 19.32 $ 19.70 $ 20.10 20.50$ $ 20.91 $ 21.33 $ 21.75 PT19 hourly $ 19.70 $ 20.10 $ 20.50 20.91$ $ 21.33 $ 21.75 $ 22.19 PT20 hourly $ 20.10 $ 20.50 $ 20.91 21.33$ $ 21.75 $ 22.19 $ 22.63 PT21 hourly $ 20.50 $ 20.91 $ 21.33 21.75$ $ 22.19 $ 22.63 $ 23.09 PT22 Sign Language Interpreter hourly $ 20.91 $ 21.33 $ 21.75 22.19$ $ 22.63 $ 23.09 $ 23.55 PT23 hourly $ 21.33 $ 21.75 $ 22.19 22.63$ $ 23.09 $ 23.55 $ 24.02 PT24 hourly $ 21.75 $ 22.19 22.63$ $ 23.09 $ 23.55 $ 24.02 $ 24.50 PT25 hourly $ 22.19 22.63$ $ 23.09 $ 23.55 $ 24.02 $ 24.50 $ 24.99 PT26 Civilian Dispatcher hourly $ 22.63 $ 23.09 $ 23.55 $ 24.02 $ 24.50 $ 24.99 $ 25.49 PT27 Reserve Police Officer hourly $ 23.09 $ 23.55 $ 24.02 $ 24.50 $ 24.99 $ 25.49 $ 26.00 PT28 Housing Financial Analyst hourly 28.42$ 29.84$ 31.34$ 32.90$ 34.55$ 36.27$ 38.09$ Range

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STAFF REPORT

ITEM NO. ________9________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
By: Lourdes Morales, Chief Deputy City Clerk
DATE: August 3, 2022
SUBJECT: Approval of Resolution No. 2022 -000 and Resolution No. 2022 - 000 Ordering the Submission to the Qualified Electors of the City of Baldwin Park of a Certain Measure Relating to Term Limits for City Elected Officials and Electing Five
Councilmembers with an Annually Rotating Mayor and Mayor Pro Tempore at the General Muni cipal Election to be held on Tuesday, November 8, 2022, as Called by Resolution No. 2022- 025

SUMMARY
At their March 2, 2022, City Council meeting, the Council considered a term limit measure for the Mayor and Members City Council. At the completion of the discussion, the City Council directed staff to return with statistics on the number of cities who’ve adopted term limits and consider a ballot measure on the November 8, 2022 ballot that would limit Mayor and/or City Council Members to three full terms.

Discussion was further held, exploring a measure to elect five Members of the City Council with an annually rotating Mayor and Mayor Pro Tempore.

If the City Council wishes to place such measures on the ballot for the November 8, 2022 statewide election, staff requests direction on the details of such an ordinance(s) attached hereto as attachments 1 and 2.

RECOMMENDATION
Staff recommends that the City Council discuss and provide direction on the details of the attached ordinances; and if agreed upon:

1. Adopt Resolution No. 2022-XXX entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Submission of the Qualified Electors of the City of a Certain Measure Relating to term limits for elected officials at the General Municipal Election to be held on Tuesday, November 8, 2022, as called by Resolution No. 2022-025”.; and

2. Adopt Resolution No. 2022- XXX entitled, “A Resolution of the City Council of the City Baldwin Park, California, Ordering the Submission of the Qualified Electors of the City of a Certain Measure Relating to Electing Five Councilmembers with an Annually Rotating Mayor and Mayor Pro Tempore Commencing in 2024 at the General Municipal Election to be held on Tuesday, November 8, 2022, as Called by Resolution No. 2022-025”.

FISCAL IMPACT
The City is scheduled to have one (1) Mayoral seat, two (2) Councilmember seats, one (1) City Clerk seat, and one (1) City Treasurer seat up for election during this year’s cycle.

The following graph depicts a rough cost estimate summary with the addition of ballot measures:

Number of Offices Number of Measures Election Cost
5 0 $173,229.72
5 1 $173,883.47
5 3 $175,190.98
5 6 $177,152.23
Disclaimer: the cost estimate may be subject to change.

BACKGROUND/DISCUSSION
At the request of Mayor Pro Tem Damian and by consensus of the City Council, staff was directed to provide data on cities who’ve imposed term limits for elected municipal officers. Staff has collected the most recent data and attached the information labeled “attachment 3” for reference. Additionally, the City Council discussed consideration to limit the terms of office to three full terms. However, due to the disparity between the City Council terms which is four years and Mayoral term of two years, staff recommends limiting the City Council term to three and Mayoral term to six providing an equal amount of service for each office (12 years).

Another option would be to elect 5 members of the City Council and rotate the Mayor seat amongst the City Council v ia nominations. This option would require a separate ballot measure which has been drafted hereto as attachment 2 and would create a more practical process.

A term limit ordinance may be proposed by initiative or may be proposed by the City Council and put before City voters for approval. State law (Government Code section 36502(b)) expressly provides that a city may impose term limits. There are generally two requirements: 1) the term limit proposal must be approved by city voters, and 2) term limits must apply prospectively, not retroactively.

Cities with term limit provisions vary in the details of their term limit laws. The deadline to add a measure to the November 8, 2022 election ballot is August 12, 2022 and it is therefore recommended that the City Council if it so wishes, take action no later than the regularly scheduled City Council Meeting of August 3, 2022.

ALTERNATIVES
The City Council may select not to approve the item at this meeting, provide additional direction to staff of the intricacies of the term limits, and bring back the item for further deliberation at the next regularly scheduled meeting; or not take this item into further consideration.

LEGAL REVIEW
This report has been reviewed by the City Attorney.

ATTACHMENTS

1. Resolution No. 2022-000

2. Resolution No. 2022-000

3. Cost Estimate from the Registrar Recorders Office

4. Data – Cities with Term Limits

RESOLUTION NO. 2022-046

A RESOLUTION OF CITY COUNCIL OF THE CITY OF BALDWIN PARK,

CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY OF BALDWIN PARK OF A CERTAIN

MEAUSRE RELATING TO TERM LIMITS FOR CITY ELECTED

OFFICIALS AT THE GENEREAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO . 2022-025

WHEREAS, State law allows a city to impose term limits, as long as the term limits apply prospectively and not retroactively approved by city voters; and

WHEREAS, the City Council of the City of Baldwin Park , California desires to submit to the voters at a General Municipal Election a proposed ordinance relating to term limits for City of Baldwin Park elected officials; and

WHEREAS, the City Council is authorized and directed by statue to subm it the proposed ordinance to the voters.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND ORADER AS FOLLOWS:

Section 1.

Tha t pursuant to the requirements of the (laws of the State of California relating to general law cities) there is called and ordered to be held in the Cit of Baldwin Park, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of submitting the following proposed ordinance:

Shall the measure, establishing term limits so that no member of the City Council may serve more than three terms in office in their lifetime (12 years) and no directly- elected Mayor may serve more than six terms in office in their lifet ime (12 years) and no member of the City Council or directly -elected Mayor may serve more than a combined 12 years in office, regardless of the office be adopted?

YES

Section 2. Tha t th e proposed measure subm itted to the voters is as attached as Exhibit A.

Section 3. That the vote requirement for the measure to pass is a majority of 50%+1 of the votes cast.

Section 4.

That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 5.

That notice of the time and place of holdi ng the election is given and the City Clerk is authorized , instructed, and directed to give furt her or additional notice of th e

election, in time, form and manner as required by law.

Section 6. That the City Clerk shall certify t o the passage and the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 3rd day of August 2022.

_______________________________
EMMANUEL J. ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, MARLEN G ARCIA, City Clerk of the Cit y of Baldwin Park d o hereby certify that the foregoing Resolution No. 2022-046 was duly a dopted by t he City Co uncil of the City of Baldwin Park at a regular meeting thereof held on August 3, 2022, and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK

Exhibit A
ORDINANCE NO.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF BALDWIN
PARK, CALIFORNIA, ADDING SECTION 30.06 TO CHAPTER 30 OF TITLE 3 (ADMINISTRATION) OF THE BALDWIN PARK MUNICIPAL

CODE REGARDING TERM LIMITS FOR MEMBERS OF THE CITY

COUNCIL AND DIRECTLY ELECTED MAYOR

WHEREAS, the City of Baldwin Park is a general law city incorporated under the laws of the State of California; and

WHEREAS, California Government Code Section 36502 (b) provides that the City Council of a general law city may adopt a proposal to limit the number of terms a member of the City Council may serve on the City Council upon approval by a vote of the electors of the city; and

WHEREAS, no such terms shall apply to the City Council Members unless and until such limits are approved only to those terms of office which commence on or after November 8, 2022.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO HEREBY ORDAIN AS FOLLOWS:

Section 1.

The recitals above are true and correct and incorporated herein by reference.

Section 2.

Section 30.06 (Term Limits) is hereby added to Chapter 30 (City Council) of Title 3 (Administration) of the Baldwin Park Municipal Code to read as follows:

Section 30.06 – Term Limits

A. The purpose of this section is to create more competitive elections by ensuring that periodically the advantages of incumbency of a city council member and mayor will yield to increased participation in seeking elective office.

B. Pursuant to the authority granted to the City under Government Code Section 36502(b), no person shall serve more than twelve (12) years, or three (3) four-year terms as a member of the Baldwin Park City Council and/or no person shall serve more than twelve (12) years, or six (6) two- year terms as the directly elected Baldwin Park Mayor; and/or person shall serve more than a combined twelve (12) years as either Council Member or directly elected Mayor.

C. Any person, who either by appointment or election, serves a partial term of office 24 months or greater in length, as a member of the City Council or directly elected Mayor, shall be deemed, for the purpos es of this section, to have serviced a full Exhibit A
four-year term. A partial term of office less than 24 months shall not be counted as service for the purpose of this chapter.

D. The three-term for City Councilmember and six-term for directly elected Mayor limit established by this section shall apply prospectively only to those terms of office which commence on or after November 8, 2022.

E. The City Clerk must reject, refuse to accept for filing, and otherwise refuse to process any nomination papers of other equival ent declaration of candidacy as required or authorized by law for persons if they are ineligible to hold public office pursuant to this section.

F. This section shall not be amended or repealed except by a majority vote of the voters of the City of Baldwin Park at a regularly scheduled election.

Section 3.

Severability. If any provision of this ordinance or the application thereof of any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 4.

Effective date. This Ordinance shall become effective immediately upon the following conditions: (1) approval by the City Council; (2) approval of the Ordinance by majority of the voters casting votes at the General Municipal Election of November 8, 2022; (3) certification of all votes cast by the City Council confirming that a majority of the voters have approved this ordinance; and (5) confirmation of approval of this Ordinance by the City Council upon certification of election results.

Section 5. The City Clerk shall timely cause the same to be published once in a newspaper of regular circulation. The Ordinance shall become effective immediately upon the certification of an affirmative majority of the electors of the City in favor of term limits at the November 8, 2022, General Municipal Election.

Exhibit A
I hereby certify that the Baldwin Park Term Limits Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Baldwin Park on the 8th day of November 2022.

CITY OF BALDWIN PARK

Mayor

ATTEST:

_________________________________
City Clerk

APPROVED AS TO FORM:

_______________________________
City Attorney

RESOLUTION NO. 2022-047

A RESOLUTION OF CITY COUNCIL OF THE CITY OF BALDWIN PARK,

CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY OF BALDWIN PARK OF A CERTAIN

MEAUSRE RELATING TO ELECTING FIVE COUNCILMEMBERS W ITH

AN ANNUALLY ROTA TING MAYOR AND MAYOR PRO TEMPORE
COMMENCING IN 2024 AT THE GENEREAL MUNICIPAL ELECTION TO BE HELD ON TUE SDAY, NOVEMBER 8, 2022, AS CALLED BY
RESOLUTION NO. 2022-025

WHEREAS, the City of Baldwin Park is governed by a five member City Co uncil, which includes the directly appointed Mayor; and

WHEREAS, the City Council of the City of Baldwin Park , California desires to submit to the voters at a General Municipal Election a proposed ordinance eliminating the directly elected Mayor and making the Mayor an appointed office from among five elected City Council Members; and

WHEREAS, the City Council is authorized and directed by statue to subm it the proposed ordinance to the voters.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND ORADER AS FOLLOWS:

Section 1. Tha t pursuant to the requirements of the (laws of the State of California relating to general law cities) there is called and ordered to be held in the City of Baldwin Park, California, on Tuesday, November 8, 2022, a Gene ral Municipal Election for the purpose of submitting the following proposed ordinance:

Shall the measure eliminating the office of separately- elected Mayor, and changing it to an appointed office from among five elected City Councilmembers, commencing in 2024, be adopted?

YES

Section 2. Tha t th e proposed measure subm itted to the voters is as attached as Exhibit A.

Section 3. That the vote requirement for the measure to pass is a majority of 50%+1 of the votes cast.

Section 4. That in all particul ars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Commented [1]: See revised ballot language

Section 5. That notice of the time and place of holdi ng the election is given and the City Clerk is authorized, instructed, and directed to give furt her or additional notice of th e election, in time, form and manner as required by law.

Section 6. That the City Clerk shall certify t o the passage and the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 3rd day of August 2022.

_______________________________
EMMANUEL J. ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, MARLEN G ARCIA, Ci ty Clerk of the Cit y of Baldwin Park d o hereby certify that the foregoing Resolution No. 2022-047 was duly a dopted by t he City Co uncil of the City of Baldwin Park at a regular meeting thereof held on August 3, 2022, and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK

Exhibit A
ORDINANCE NO.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AMENDING SECTION 30.02 TO CHAPTER 30 OF TITLE 3 (ADMINISTRATION) OF THE BALDWIN PARK

MUNICIPAL CODE REGARDING CITY COUNCIL REORGANIZATION

WHEREAS, the City of Baldwin Park is a general law city incorporated under the laws of the State of California; and

WHEREAS, California Government Code Section 34902(b) establishes the procedure to eliminate the elective office of mayor after the office has been established; and

WHEREAS, if a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent’s term, and on the date the procedure of selection of the mayor by the city council shall be established.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO HEREBY ORDAIN AS FOLLOWS:

Section 1.

The recitals above are true and correct and incorporated herein by reference.

Section 2.

Section 30.02 (Council Reorganization) is hereby added to Chapter 30 (City Council) of Title 3 (Administration) of th e Baldwin Park Municipal Code to read as follows:

Section 30.02 – Council Reorganization

The Council shall reorganize and select one of its number as Mayor and Mayor Pro Tempore, on the following occasions commencing in 2024:

A. In odd even-numbered years at the Council meeting at which the canvass of the results of the general municipal election are declared.

B. In even odd-numbered years at the first regular meeting conducted in the month of December.

C. At such other times as a majority of the City Council shall order.

D. This section shall not be amended or repealed except by a majority vote of the voters of the City of Baldwin Park at a regularly scheduled election.

Section 3. Severability. If any provision of this ordinance or the application thereof of any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

Exhibit A
Section 4. Effective date. This Ordinance shall becom e effective immediately upon the following conditions: (1) approval by the City Council; (2) approval of the Ordinance by majority of the voters casting votes at the General Municipal Election of November 8, 2022; (3) certification of all votes cast by the City Council confirming that a majority of the voters have approved this ordinance; and (5) confirmation of approval of this Ordinance by the City Council upon certification of election results.

Section 5. The City Clerk shall timely cause the same to be published once in a newspaper of regular circulation. The Ordinance shall become effective immediately upon the certification of an affirmative majority of the electors of the City in favor of eliminating the directly elected mayor at the November 8, 2022, General Municipal Election.

Exhibit A
I hereby certify that the Baldwin Park Term Limits Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Baldwin Park on the 8th day of November 2022.

CITY OF BALDWIN PARK

Mayor

ATTEST:

_________________________________
City Clerk

APPROVED AS TO FORM:

_______________________________
City Attorney

City Name Ballot Name Year Approved/ Not Approved Term Limits Orange County Villa Park Measure F 1998 Approved 2 Terms Orange County Los Alamitos Term Limits Measure E 1998 Approved 3 Four- Year Terms Orange County Mission Viejo Term Limits Measure A 1998 Approved 3 Consecutive Terms Prince George's County Maryland Prince George's County Question F 2004 Approved 2 Consecutive Terms City of Los Angeles City of Los Angeles Term Limits, Proposition R 2006 Approved 3 Terms City of Downey City of Downey Term Limits, Measure G 2008 Not Approved 3 Consecutive Terms City of Garden Grove City of Garden Grove Term Limits, Measure Q 2008 Approved 2 Consecutive Terms City of Lynwood City of Lynwood Term Limits, Measure C 2008 Approved 2 Consecutive Terms City of Pinole City of Pinole Term Limits, Measure N 2008 Approved 3 Successive Terms City of Rosemead City of Rosemead City Charter and Term Limits, Measure CC 2008 Not Approved 3 Terms City of Santa Ana City of Santa Ana Term Limits, Measures D and E 2008 Approved 8-12 Years City of Tracy City of Tracy Term Limits, Measure T 2008 Approved 2 Terms County of Ventura County of Ventura Term Limits, Measure T 2008 Approved 3 Four-Year Terms City of San Antonio San Antonio Term Limits 2008 Approved 4 Two- Year Terms City of Tacoma Tacoma Term Limits, Proposition 1 2008 Not Approved 2 Four- Year Terms Door County Forestville Term Limits Referendum 2008 Approved 3 Two- Year Terms Kenai Penninsula Borough Kenai Borough Proposition 1, Term Limits 2009 Approved 2 Consecutive Office Terms Santa Clara County Los Gatos Term Limits 2009 Approved 2 Four- Year Terms City of San Marino City of San Marino Term Limits, Measure C 2009 Approved 2 Four- Year Consecutive Terms City of Palmdale City of Palmdale Repeal of Term Limits, Measure B 2009 Approved 3 Terms Foster City Foster City Rollback of Term Limits, Measure W 2009 Not Approved 3 Consecutive Four- Year Terms Mesa County Mesa County Term Limit Limitations Increase Measures, 5 2009 Approved Boulder County Boulder County District Attorney Term Limit Extension 2009 Approved 2-3 Terms Muscatine County West Liberty Library Board Term Limits, Measure E 2009 Approved 2 Consecutive Terms Pierce County Pierce County Term Limit Amendment 2009 Not Approved 2 Consecutive 4-Year Terms to 3 Consecutive 4-Year Terms Baldwin County Baldwin County Revenue Commissioner Office Span 2010 Approved City of Maricopa Maricopa City Mayor Term Limit Change 2010 Approved 4 Years San Diego County San Diego County Supervisor Term Limits, Measure B 2010 Approved 2 Four- Year Terms City of Roseville Roseville Term Limits, Measure H 2010 Not Approved 3 Terms City of Loomis Loomis Term Limits Initiative, Measure A 2010 Approved 2 Consecutive 4-Year Terms City of Fullerton Fullerton Term Limits, Measure M 2010 Approved 3 Consecutive 4- Year Terms City of Laguna Hills Laguna Hills Term Limits, Measure T 2010 Approved 2 Consecutive Terms City of Pacifica Pacifica Term Limits, Measure V 2010 Approved Santa Clara County Santa Clara Valley Water District Term Limits, Measure C 2010 Approved City of Murrieta City of Murrieta, Measures C, D and E 2010 Approved 2 Consecutive 4- Year Terms City of Indian Wells Indian Wells Term Limits, Measure Q 2010 Approved 2 Consecutive 4- Year Terms City of Hemet Hemet Term Limits, Measure W 2010 Approved 3 Terms City of Menifee Menifee Term Limits, Measure Z 2010 Approved 2 Consecutive Terms City of Castle Rock Castle Rock Term Limit Increase 2010 Approved 4 Years Eagle County Eagle County Commisioner Term Limit Increase 2010 Not Approved 4 Years El Paso County El Paso County Elected Officials Term Limit Extension Measures, 3 2010 Approved 4 Year Term Jefferson County Indian Hills Fire District Director Term Limit Question 2010 Not Approved Eliminate Term Limits Logan County Logan County District Attorney Term Limit Question 2010 Not Approved Eliminate Term Limits Teller County Teller County District Attorney Term Limit Question 2010 Approved 3 Terms Larimer County Larimer County District Attorney Term Limits Question 2010 Not Approved 3 Terms Park County Park County District Attorney Term Limits Question 2010 Not Approved Eliminated to permit City of Holly Hill Holly Hill Term Limit Reduction 2010 Approved 2 Years City of Melbourne Melbourne City Term Limit Charter Amendment 2010 Not Approved 2- 3 Consecutive Terms City of Tavares Tavares City Term Limit Amendment 2010 Not Approved 4 Years Kaua'i County Kaua'i County Council Term Limit Extension 2010 ??? From 2- 4 years City of Naperville Naperville Councilmen Term Limit Referendum 2010 Approved 4 Years City of Country Club Hills Country Club Hills Term Limit Question 2010 Approved 4 Years City of Brentwood Brentwood City Term Limit Measures, 2 2010 Approved 4 Years City of New York New York City Term Limits Reduction 2010 Approved 2 Years City of Stow Stow City Term Limit Amendment 2010 Approved City of Rogue River Rogue River City Term Limits Amendments, 2 2010 Not Approved Eliminate Term Limits Town of Carefree Carefree Council Term Limits Question, Prop 421 2011 Approved City of Commerce City of Commerce Term Limits, Measure A 2011 Approved 3 Consecutive 4 Year Terms City of Vernon Vernon City Council Term Limits, Measure A 2011 Approved 2 Five Year Terms City of San Marino San Marino City Council Term Limits, Measure P 2011 Approved 2 Consecutive Terms Boulder County Boulder County Sheriff Term Limit Question 2011 Approved 4 Year Terms Rocky Mountain Fire District Rocky Mountain Fire District Board Term Limit Question 2011 Not Approved Eliminate Term Limits Eagle & Summit Counties Eagle County District Attorney Term Limit 2011 Not Approved Extend to 3 Consecutive Terms Douglas County Douglas County Sheriff Term Limit Question 2011 Not Approved Add 2 Consecutive Terms City of Aurora Aurora City Mayor & Councilor Term Limit Question 2011 Approved Village of Downers Grove Downers Grove Village Term Limit Question 2011 Approved 3 Four Year Terms Village City of Lakemoor Lakemoor Village Term Limit Implementation 2011 Approved 3 Consecutive Terms Village of Lombard Lombard Village Term Limits Advisory Question 2011 Approved City of Fairview Heights Fairview Heights Term Limit Question 2011 Approved City of Wentzville Wentzville City Mayoral Term Limit Extension Measure 2011 Approved 4 Years City of Wentzville Wentzville City Alderman Term Limit Extension Measure 2011 Not Approved 4 Years City of St. Clair St. Clair City Term Limit Question 2011 Approved 4 Year Term Limit City of Monroe Monroe City Term Limits Question 2011 Approved City of Eau Claire Eau Claire City Council Term Limit Question 2011 Approved City of Ridgecrest City of Ridgecrest Election and Terms of Mayor and City Council, Me 2012 Not Approved 8 Consecutive Years/ I ?/ 2 Years / 4 Years City of Chula Vista Chula Vista City Attorney Term Limits, Compensation and Scope of A 2012 Approved San Joaquin County San Joaquin County Supervisor Term Limits, Measure D 2012 Not Approved 3 Terms City of Thousand Oaks Thousand Oaks City Council Term Limits, Measure L 2012 Approved 3 Consecutive Four- Year Terms City of Buellton City of Buellton Term Limits, Measure C 2012 Approved 3 Consecutive Terms City of Santa Ana City of Santa Ana Mayoral Term Limits, Measure GG 2012 Approved 4 Two Year Terms El Paso County El Paso County Term Limit Question 2012 N/A N/A Elbert & Lincoln Counties Limon School District Directors Term Limit Question 2012 N/A 3 Consecutive Terms La Plata County Hermosa Cliff Fire Protection District Term Limit Question 2012 N/A Removes Term Limits City of Belleair Bluffs Belleair Bluffs Mayor & Commissioners Term Limit Question 2012 Not Approved 3 Year Term Hernando County Brooksville City Council Member Term Amendment, Question 1 2012 Not Approved 3 Full Four Year Terms Lake County Astatula Town Clarification Amendment Question 2012 Approved Palm Beach County Golf Village Council Members Term Amendment Question 2012 Approved 4 Year Terms Putnam County Crescent City Commissioner Term Amendment, Questions 1 and 2 2012 Approved 4 Year Terms / 19 or less consecutive years Village of Lombard Lombard Village Term Limits Question 2012 Approved 3 Consecutive Four- Year Terms Village of Tinley Park Tinley Park Term Limits Question 2012 Approved Cook & DuPage Counties Oak Brook Park District Term of Office Measure 2012 Approved Will County Tinley Park Village Term Limit Question 2012 Approved City of Ellisville Ellisville City Charter Amendment 2012 Approved 4 Year Terms City of Sugar Creek Sugar Creek City Mayor & Aldermen Term Limits Questions, 2 2012 Approved Extend to 4 Years City of Cincinnati Cincinnati City Term Limits Question 2012 Approved Extend to 4 Years Cuyahoga County Cuyahoga County Term Amendment Measure 2012 Approved Greene County, Ohio Kettering City Term Limitation Charter Amendment 2012 Approved Auglaize County, Ohio City of Wapakoneta Term Limit Proposal (2) 2012 ??? 4 Year Term Summit County Green City Charter Amendment Questions, 7 2012 6 Approved/ 1 Not Approved 3 Four Year Terms Mahoning County Canfield City Charter Amendment Questions, 2 2012 Approved 2 Year Term/ 3 Year Term City of Monterey City of Monterey Park Term Limits, Measure MP-EE 2013 Approved Imposed Terms City of West Hollywood City of West Hollywood Term Limits, Measure C 2013 Approved 3 Four Year Terms Palm Beach County Delray Beach City Commissioner/Mayor Term Length Amendment Q 2013 Approved 3 Year Term Palm Beach County Delray Beach City Mayor Term Limit Extension Amendment Question 2013 Approved 6 Consecutive Year Term Limit Palm Beach County Manalpan Town Term Limits Amendment Question 2013 Approved 3 Consecutive Four- Year Terms/ 4 Consecutive Two Year Terms Orange County, Florida Maitland City Amendment 3: Mayoral Term Limits 2013 Approved 2 Consecutive Terms Orange County, Florida Maitland City Amendment 4: Office Term Served Definition 2013 Approved Orange County, Florida Maitland City Amendment 5: Council Term Limits 2013 Approved 2 Consecutive Terms Orange County, Florida Maitland City Amendment 6: Completion of Mayoral Term Definition 2013 Approved Orange County, Florida Maitland City Amendment 20: Council-Appoint Positions Term Lengt 2013 Approved 2 Consecutive Terms Pasco County Zephyrhills City Council Term Limits Amendment Proposition 2013 Approved 3 Year Terms Pasco County Zephyrhills City Mayor Term Limits Amendment Proposition 2013 Approved 3 Year Terms Polk County Davenport City Amendment 1: Commissioner & Mayor Term Length 2013 Approved 2 Consecutive Four Year Terms City of Buellton City of Buellton Elected Mayors, Measure R 2014 Approved 2 Year Term City of Anaheim City of Anaheim Mayoral Term of Office Amendment, Measure D 2014 Not Approved Two Year Term City of Irvine City of Irvine Lifetime Term Limits, Measure W 2014 Approved 2 Four Year Terms City of Lake Forest City of Lake Forest Term Limits, Measure X 2014 Approved 3 Consecutive Four Year Terms City of La Mesa City of La Mesa Council Term Limits, Proposition K 2014 Approved 3 Consecutive Terms City of Redondo Beach City of Redondo Beach Charter Amendment, Measure BE 2014 Not Approved 3 Full Terms City of Redondo Beach City of Redondo Beach Charter Amendment, Measure CM 2014 Not Approved 3 Full Terms Lassen County Lassen County Board of Supervisors Term Limits, Measure Z 2014 Approved 3 Four Year Terms City of Moreno Valley City of Moreno Valley Council Member Term Limits, Measure I 2014 Approved 3 Consecutive Terms City of Cudahy City of Cudahy Council Member Term Limits, Measure A 2015 Approved 2 Terms City- County Metro of Nashville & Nashville-Davidson Metro Council Term Limit Increase, Amendment 2015 Not Approved Extended to 3 Terms City- County Metro of Nashville & Nashville-Davidson Metro Council Member Reduction and Term Lim 2015 Not Approved Extended to 3 Terms City of Walnut Walnut, California, City Council Term Limits, Measure A 2016 Approved 2 Consecutive Four Year Terms Orange Unified School District Orange Unified School District, California, Term Limits, Measure G 2016 Approved 3 Four Year Terms City of Coalinga Coalinga, California, Term Limits, Measure D 2016 Approved 2 Four Year Terms Sweetwater Union High School DSweetwater Union High School District, California, Board of Trustees 2016 Approved 2 Terms City of Stanton Stanton, California, City Council Term Limits, Measure RR 2016 Approved 2 Terms City of Santa Clara Santa Clara, California, Mayor and City Council Term Limits, Measure 2016 Approved 2 Four Year Terms City of San Buenaventura San Buenaventura, California, City Council Term Limits, Measure Q 2016 Approved 3 Full Four Year Terms Simi Valley Unified School DistricSimi Valley Unified School District, California, Board of Trustees Term 2016 Approved 2 Consecutive Terms Stockton & San Joaquin County Stockton, California, City Council Redistricting Commission, By-Distri 2016 Approved 2 Terms City of Albany Albany, California, Education Board Term Limit Removal Charter Am 2016 Not Approved Remove Term Limits City of Carson Carson, California, Term Limits for Elected Officials, Measure TL 2016 Approved 3 Terms of Four Years Each City of Goleta Goleta, California, Elected Mayor and Term Limits, Measure C2016 2016 Approved 2 Year Term City of Menifee Menifee, California, Term Limits Applied to Mayors, Measure EE 2016 Approved 2 Consecutive Four Year Terms City of Montebello Montebello, California, Term Limits, Measure T 2017 Approved 12 Consecutive Years City of Pinole Pinole, California, Measure P, Elimination of City Council Term Limits 2018 Not Approved National City National City, California, Measure C, Initiative to Preserve and Impos 2018 Approved 3 Consecutive Four Year Terms National City National City, California, Measure B, Initiative to Repeal Proposition 2018 Not Approved 3 Consecutive Four Year Terms City of Westminister Westminster, California, Measure E, Measure to Change the Term of 2018 Approved Four Year Term City of Folsom Folsom, California, Measure C, City Council Member Term Limit Ame 2018 Approved 4 Consecutive Terms Palo Alto Unified School District Palo Alto Unified School District, California, Measure Y, Board Term 2018 Approved 2 Consecutive Terms City of Lake Forest Lake Forest, California, Measure S, City Council Term Limits 2018 Approved 2 Four Year Terms Newport- Mesa Unified School DNewport-Mesa Unified School District, California, Measure H, Board 2018 Approved 3 Consecutive Four Year Terms City of San Diego San Diego, California, Measure H, Term Limits for School Board Mem 2018 Approved 3 Four Year Terms City of San Diego San Diego, California, Measure K, Term Limits for City Council Memb 2018 Approved 2 Four Year Terms Southwest Community College DSouthwest Community College District, California, Measure CC, Term 2018 Approved 3 Terms Chico City Chico City, California, Measure S, Term Limits 2018 Approved 3 Terms City of Long Beach Long Beach, California, Measure BBB, Local Term Limits Charter Ame 2018 Approved 3 Terms within a lifetime City of Santa Monica Santa Monica, California, Measure TL, Term Limits for City Council 2018 Approved 3 Terms El Dorado County El Dorado County, California, Measure U, Board of Supervisors Term 2018 Not Approved 2 Consecutive Four Year Terms City of Perris Perris, California, Measure H, Term Limits 2018 Approved 3 Terms City of Menifee Menifee, California, Measure J, Term Limits Elimination 2018 Not Approved 2 Consecutive Terms City of Desert Hot Springs Desert Hot Springs, California, Measure V, Elected Mayor with Four Y 2018 Approved 4 Years/ 2 Terms City of Desert Hot Springs Desert Hot Springs, California, Measure U, Rotating Mayor among Ci 2018 Not Approved 2 Year Term City of Camarillo Camarillo, California, Measure E, Three Consecutive Terms for Counc 2018 Approved 3 Consecutive 4 Year Terms City of Ojai Ojai, California, Measure K, Mayoral Elected Office Term Extension 2018 Not Approved 2 Years City of Camarillo Camarillo, California, Measure M, Two Term Maximum for Council M 2018 Approved 2 Four Year Terms City of Atascadero Atascadero, California, Measure J-18, Mayor Term Limits Question 2018 Not Approved 2 Year Term City of Chicago Chicago, Illinois, Mayoral Term Limits Measure 2018 INVALID N/A New York City New York, New York, Question 3, Community Boards City Charter Am 2018 Approved 4 Consecutive Two Year Terms City of Memphis Memphis, Tennessee, Ordinance No. 5676, Mayoral Term Limits 2018 Not Approved No amending City of San Antonio San Antonio, Texas, Proposition B, City Manager Term Limits 2018 Approved 8 Years City of Oxnard Oxnard, California, Measure B, Campaign Finance, Lobbying, and Te 2020 Approved 3 Consecutive Terms City of Indian Wells Indian Wells, California, Measure J, Term Limit on City Councilmemb 2020 Approved 2 Consecutive Terms City of Sanger Sanger, California, Measure H, Mayor's Term Charter Amendment 2020 Not Approved 4 Year Term City of Roseville Roseville, California, Measure K, City Council Term Limits Charter Am 2020 Approved City of Roseville Roseville, California, Measure L, Mayor and Vice-Mayor Terms Chart 2020 Approved City of Westminister Westminster, California, Measure DD, City Council and Mayor Term 2020 Approved 3 Four Year Terms City of San Clemente San Clemente, California, Measure BB, City Council Term Limits 2020 Approved 2 Consecutive Four Year Terms City of San Bernardino San Bernardino County, California, Measure K, Board of Supervisors 2020 Approved then overturned by court ruling Suisun City Suisun City, California, Measure Q, Mayor and City Council Term Lim 2020 Approved 4 Year Term El Rancho Unified School DistrictEl Rancho Unified School District, California, Measure N, School Boar 2020 Approved 2 Consecutive Four Year Terms City of Hawthorne Hawthorne, California, Measure LL, Mayor and City Council Term Lim 2020 Approved 2 Consecutive Terms City of Santee Santee, California, Measure R, City Council and Mayor Term Limits C 2020 Approved Lifetime 3 Term Limits City of Santee Santee, California, Measure Q, 12-Year Total Elected Official Term Li 2020 Approved 3 Four Year Terms City of Oceanside Oceanside, California, Measure K, Mayor and City Council Term Limi 2020 Approved 3 Four Year Terms South Bay Union School District South Bay Union School District, California, Measure X, Term Limits 2020 Approved City of Corona Corona, California, Measure Y, City Council Term Limits 2020 Approved 3 Terms City of Hughson Hughson, California, Measure V, Mayor Term Limits 2020 Approved 4 Years City of Los Gatos Los Gatos, California, Measure B, City Council Term Limits Initiative 2020 Approved 2 Four Year Terms City of Honolulu Honolulu, Hawaii, Charter Question 1, Prosecuting Attorney Term Lim 2020 Approved 2 Consecutive Four Year Terms Madison Madison, Wisconsin, Question 4, Common Council Term Limit Adviso 2021 Approved 12 Consecutive Years Santa Clara Valley Water District Santa Clara Valley Water District, California, Measure A, Term Limits 2022 Approved 4-Year Term Limits City of Beverly Hills Beverly Hills City, California, Measure TL, Term Limits Measure 2022 Approved 3 Terms Glendale Unified School District Glendale Unified School District, California, Measure T, Term Limits M 2022 Approved 3 Terms City of Lynwood Lynwood City, California, Measure R, Term Limits Measure 2022 Approved 3 Consecutive Terms City of American Canyon American Canyon, California, Measure I A, Mayor Term Limits Measu 2022 Approved 3 Four Year Terms City of American Canyon American Canyon, California, Measure I B, City Council Term Limits M 2022 Approved 3 Four Year Terms City of Memphis Memphis, Tennessee, Increase Term Limits for City Council and May 2022 N/A If YES tem limits increase to 3 Terms

s
AGENDA

BALDWIN PARK FINANCE AUTHORITY

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

August 3, 2022

7:00 PM

Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila - Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member

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. In accordance with
Chapter 39 of the Baldwin Park Municipal
Code, Speakers must address the
Council as a whole and refrain from
making impertinent, slanderous, or
profane remarks or disrupt the peace of
the meeting.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o
cualquiera otra de sus Agencias nombradas en
esta agenda, para hablar sobre cualquier asunto
publicado en la agenda o cualquier tema que
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Municipal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difam
atorios, o profanos, o
interrumpir la paz de la reunión.

FINANCE AUTHORITY
REGULAR MEETING – 7:00 PM

CALL TO ORDER

ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada

PUBLIC COMMUNICATIONS

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f 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 acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hecha s por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on August 3, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes t o speak live during the meeting. If you are a non-English Speaker and require translation services in anoth er language other than Spanish, please indicate your request in your communication up to 48 hours prior to the meeting . If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

CONSENT CALENDAR

1. Fiscal Year 2022-23 Amendment Budget
Staff recommends that Council to approve:

1. The fiscal year 2022-23 Amended Budget and resolutions for:

1. City of Baldwin Park by Resolution No.2022-045; and

2. Finance Authority by Resolution No. FA 2022-002, and

3. Municipal Financing Authority by Resolution No. MFA 2022-002, and

4. Housing Authority by Resolution No. HA 2022-004, and

5. Successor Agency by Resolution No. 2022-002, and

2. Authorize the Director of Finance to appropriate funding and make necessar y budget amendments; and

3. Authorize the CEO and HR to begin the hiring process of the approved requests by the City Council; and

4. Approve a Resolution No. 2022-046 to revise the Comprehensive Pay Schedule to reflect the FY 22-23 Amended Budget in accordance with CalPERS Guidelines.

ADJOURNMENT

CERTIFICATION

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 [email protected].

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)

I, Marlen Garcia, 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 28th day of July, 2022.

Marlen Garcia,
City Clerk

STAFF REPORT
ITEM NO. ________1________

RECOMMENDATION
Staff recommends that Council to approve:
1) The fiscal year 2022-23 Amended Budget and resolutions for:
a. City of Baldwin Park by Resolution No. 2022-045, and b. Finance Authority by Resolution No. FA 2022-002, and c. Municipal Financing Authority by Resolution No. MFA 2022-002, and d. Housing Authority by Resolution No. HA 2022-004, and e. Successor Agency by Resolution No. 2022-002, and
2) Authorize the Director of Finance to appropriate funding and m ake necessary budget amendments; and
3) Authorize the CEO and HR to begin the hiring process of the approved requests by the City Council; and
4) Approve a r esolution to r evise the Comprehensive Pay Schedule to reflect the FY 22- 23 Amended Budget in accordance with CalPERS Guidelines.

AMENDED FISCAL IMPACT
General Fund (100)
Revenues $ 34,695,375
Expenditures $ 34,621,475
Surplus $ 73,900

TOTAL AMENDED BUDGET (CITY-WIDE EXPENDITURES) $105,540,361

BACKGROUD
From the July 20, 2022 City Council meeting, staff was directed to bring back the amended budget for FY 22-23 after the attached Personnel Requests, Part-Time and Administrative Clerk I & II Salary Adjustments were approved. We have made a couple minor updates for 2 typos to this Attachment. The first one is the reclassification of the current Information Systems Support Technician to Information Systems Analyst . The position should be at Step 3 and there is no change to the projected cost. The sec ond one is the Public Works Supervisor with a minor increase of $684 to the projected salary due to the 1% COLA difference. The three reclassified positions stated on Attachment 5 will be effective on the first pay period after the approval of the FY 22-23 Amended Budget.

Staff requests for the adoption of the attached resolution revising the hourly pay range schedule for the part -time staff hourly rates and steps establishing a revised range schedule. This adjustment reflects the increase to entry level wages and address compaction effects in part time classification in Recreation. The City also plans to review salary adjustments in the future with respect to the budget to ensure the compensation remains competitive with other agencies.

All the adjustments and modifications are consistent with the estimated costs for the personnel requests presented at the City Council meeting on the July 20, 2022.

ALTERNATIVES
The City Council may provide further direction.

LEGAL REVIEW
This report and resolutions have been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Budget Resolution No. 2022-002

2. FY2022-23 Amended Budget (Summary). The completed amended line- item budget is available on the City’s website by August 3, 2022.

3. FY2022-23 Projected Fund Balance.

4. FY2022-23 Amended General Fund Reserve Bar Chart.

5. Personnel Requests, Part-Time and Administrative Clerk I & II Salary Adjustments.

6. Comprehensive Pay Schedule Resolution No. 2022-046

7. Comprehensive Pay Schedule.

Attachment 1 (Continued)
RESOLUTION NO. FA

A RESOLUTION OF THE FINANCING AUTHORITY OF THE

CITY OF BALDWIN PARK AMENDING THE BUDGET OF THE
AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1,
2022 AND ENDING JUNE 30, 2023

NOW THEREFORE, THE FINANCING AUTHORITY BOARD MEMBERS OF THE

CITY OF BALDWIN PARK DO ES HEREBY RESOLVE AND ORDER AS
FOLLOWS:

SECTION 1
. That the Budget for the Financing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2022 and ending June 30, 2023, is hereby amended as prepared and s ubmitted by the Executive Director of the Financing Authority and as modified by the Authority Board for said fiscal year. A n amended budget is attached to this resolution for adoption as presented.

SECTION 2. That from and after the effective date of the adoption of said Amended Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State.

SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Amended Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget.

SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner:

(A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board.

(C) Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required.

(D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund.

Attachment 1 (Continued)
(E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the Authority Board by a majority vote of a quorum of the Authority Board.

(F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes.

SECTION 5. That this Resolution shall become effective July 1, 2022.

SECTION 6.

That the City Clerk shall certify to the adoption of this Resolution.

Attachment 1 (Continued)
APPROVED AND ADOPTED this 3rd day of August 2022.

Emmanuel J. Estrada
CHAIR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, MARLEN GARCIA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. FA was duly and regularly approved and adopted by the Members of the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on August 3, 2022, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MARLEN GARCIA

CITY CLERK

None
Fund Fund Description
FY 2023
Amended
Revenues
FY 2023
Amended
Expenditures
Surplus /
(Deficit)
General Fund:
100 General Fund* 34,695,375 34,621,475 73,900
200 Future Development Fund** 52,360 195,925 (143,565)
Subtotal - General Fund 34,747,735 34,817,400 (69,665)
Internal Services Funds:
401 Information and Support Services 1,190,676 1,188,676 2,000 402 Fleet Services 965,399 963,199 2,200
403 Internal Insurance 4,050,165 4,020,103 30,063
Subtotal - Internal Services Funds 6,206,240 6,171,978 34,263 Special (Restricted) Funds:
205 Federal Asset Forfeiture 0 92,043 (92,043)
208 Law Enforcement Development Impact 20,600 0 20,600
220 Community Development Block Grant 1,354,662 1,313,460 41,203 221 H.O.M.E. (Home Investment Partnership Program) 3,042,073 3,006 ,340 35,733 222 CAL Home 100 0 100
230 AB1693 Business Improvement Fees 130,200 216,598 (86,398) 231 Air Quality Management 188,000 132,548 55,452
234 Park Fees (Quimby Act) 190,000 981,961 (791,961)
235 General Plan Fees 160,000 354,402 (194,402)
236 Public Art Fees 61,500 343,978 (282,478)
237 Cannabis Mitigation Fee 1,400,000 1,073,811 326,189 240 Gasoline Tax 2,193,573 1,854,329 339,244
241 Surface Transportation Program 999,452 0 999,452
243 Bicycle and Pedestrian Safety 71,490 175,923 (104,433) 244 Propositio n A 2,120,970 2,070,729 50,241
245 Propositio n C 1,539,658 2,060,981 (521,323)
246 AB939 Integrated Waste Management 337,000 503,398 (166,398) 247 Oil Recycling Grant 10,000 22,915 (12,915)
249 Storm Drains NPDS 59,116 95,100 (35,984)
250 Assessment District 12,630 0 12,630
251 Street Lighting and Landscape 1,804,330 2,280,362 (476,032) 252 Parks Maintenance Assessment District 977,851 977,851 0 253 Propositio n A - Parks 135,679 135,679 (0)
254 Measure R Local Return 1,155,979 1,049,659 106,320
255 Measure M 3,053,354 3,449,191 (395,837)
256 SB1 Road Repair & Acco untability 1, 733,913 578,176 1,155,737 257 Traffic Mitigation Fees 12,600 0 12,600
258 Measure W 9,233,530 1,678,530 7,555,000
260 Summer Lunch Program 30,991 30,991 (0)
270 Grants Fund 2,491,010 15,436,335 (12,945,324)
271 Police Grants Fund 71,200 134,042 (62,842)
275 American Rescue Plan Act 11,458,952 8,794,189 2,664,763 280 Cooperative Agreements Contributions 400,000 0 400,000 450 BPROUD Utility Dis trict 0 50,000 (50,000)
Subtotal Special Funds 46,450,413 48,893,519 (2,443,105) TOTAL GENERAL, INTERNAL SERV., & SPECIAL FUNDS: 87,404,388 89,882,897 (2,478,508) City of Baldwin Park
Fiscal Year 2022-2023 Amended Budget
Attachment 2
Fund Fund Description
FY 2023
Amended
Revenues
FY 2023
Amended
Expenditures
Surplus /
(Deficit)
City of Baldwin Park
Fiscal Year 2022-2023 Amended Budget
Financing Authority Funds:
610 COP Lease Payment 589,445 589,445 (0)
651 Pension Obligation Bo nd 2019 3,844,787 3,844,787 (0) 660 Measure M Rev Bond 589,669 2,335,864 (1,746,195)
Subtotal Financing Authority Funds 5,023, 901 6,770,096 (1,746,19 5) Successor Agency Funds:

DEPARTMENT FUND

ALLOCATION
%
REQUESTED &

Note 2: Request for 1 Community Service Officer at this time. Will review during the mid‐year to decide if additional CSO is needed and funding available.

DEPARTMENT FUND

ALLOCATION
%
REQUESTED &

Note 1: Request to fill the Admin Clerk II at Part‐Time for now. Will revisit during the mid‐year.

JUSTIFICATION PROVIDED BY THE

DEPARTMENT
REQUESTED &

ALLOCATION
%
REQUESTED &

POSITION TITLE JUSTIFICATION PROVIDED BY THE DEPARTMENT FUND

ALLOCATION
%
TOTAL # OF
HOURS TO BE
WORKED IN
FY22‐23
REQUESTED &

Remove one unfilled Senior Maintenance Worker position. This position will be eliminated to offset costs for PW supervisor position.

Remove Sr. Maintenance
Worker if Public Works
Supervisor is approved.

Department Assistant
(Part‐Time)
$16.82/hour
Total Estimated Cost
POSITION TITLE
JUSTIFICATION PROVIDED BY THE
DEPARTMENT ALLOCATION %
REQUESTED &

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN

PARK, CALIFORNIA, ESTABLISHING A COMPREHENSIVE PAY

SCHEDULE FOR ALL FULL TIME AND PART TIME EMPLOYEES

AND ELECTED OFFICIALS IN ACCORDANCE WITH CALIFORNIA

MINIMUM WAGE LAWS AND CALPERS GUIDELINES

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1.

PASSED, APPROVED, AND ADOPTED this 3rd day of August 2022.

_______________________________

EMMANUEL ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK

Page 2 of 14 ends

Baldwin Park City CouncilAugust 3, 2022

Baldwin Park City Council
August 3, 2022