Baldwin Park City Council
September 7, 2022

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, September 7, 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: September 1, 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 September 7, 2022.

Marlen Garcia,
City Clerk

AGENDA

BALDWIN PARK CITY COUNCIL

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

September 7, 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 September 7, 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
• Accessory Dwelling Units (ADU) Presentation
Presented by Ron Garcia, Director of Community Development and Yuriko Ruizesparza, Community Services Supervisor

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): Three (3)

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

Case Name: Anthony Romero v. City of Baldwin Park Case No. 2:21-cv-07293-FMO-ARM Case Name: ML Genesee Holdings LLC v. City of Baldwin Park Case No. 22STCV26486

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

3. Public Employment
Pursuant to Government Code Section 54957

Title: Human Resources Risk Manager

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 September 7, 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

September 7, 2022
7:00 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 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
• Certificates in Recognition of All Stars Champions
Presented to the Baldwin Park American Little League Softball All-Stars Team

• Retirement Recognition for Years of Service
Presented to Laura Thomas, Human Resources /Risk Manager

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 questi ons 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 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 September 7, 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, a fter 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 Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda.

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

2. Minutes
Staff recommends that the City Council approve the meeting minutes for the following City Council Meetings:
• Special City Council Meeting of August 17, 2022.
• Regular City Council Meeting of August 17, 2022.

3. 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 the City Council adopt Resolution No. 2022- 051 to continue conducting City Cou ncil/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from September 7, 2022 through October 7, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions.

4. Approval of Use Agreement No. 23 -05 with the County of Los Angeles for Construction and Maintenance of the San Gabriel River Class I Commuter Bikeway for the Use of County Right-of-Way
Staff recommends that the City Council approve the Use Agreement with the County of Los Angeles for the use of County right -of-way for the construction and M aintenance of the San Gabriel Commuter Bikeway and authorize the Mayor to execute the agreement.

5. Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive National Transit Database Reporting Funds for Transit Services for Year 2020 Staff recommends the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreements.

6. Approve Resolution No. 2022-052 “A Resolution of the City Council of the City of Baldwin Park Authorizing the Director of Public Works to Execute Program Supplement No. A072 to Administer Agency -State Agreement for State Funded Projects No. HSIPL -5323(040) for the Traffic Signal Improvements at the Intersection of Merced Avenue and Vineland Avenue
Staff recommends that the City Council adopt Resolution No. 20 22-052, entitled, “A Resolution of the City Council of the City of Baldwin Park Authorizing the Director of Public Works to Execute Program Supplement No. A072 to Administer Agency -State Agreement for State Funded Projects No. HSIPL- 5323(040) for the Traffic Signal Improvements at the intersection of Merced Avenue and Vineland Avenue.”

City Council Agenda Page 4

7. Consideration to Adopt Resolution No. 2022 -053 Authorizing the City of Baldwin Park to Receive Permanent Local Housing Allocation (PLHA) Funds from the State of California Department of Housing and Community Development Staff recommends that the City Council authorize the city to receive PLHA funds and adopt Resolution No. 2022-053 on behalf of the City of Baldwin Park.

8. Approval to Update Scope of Work and Accept Grant Award from the San Gabriel Valley Council of Governments (SGVCOG) for the Program 4: Pilot Programs/City Specific Program
Staff recommends that the City Council:

1. Approve to Accept the SGVCOG Program 4: Pil ot Programs/City-Specific Programs Grant in the amount of $50,0000; and

2. Authorize the Mayor to execute the memorandum of agreement; and

3. Authorize the Director of Recreation & Community Services to finalize all associated documents associated with the grant; and

4. Authorize the Director of Finance to appropriate grant funds and make necessary changes to the budget.

REPORTS OF OFFICER

9. Approval of an Agenda Template for all Legislative Meetings Staff recommends that the City Council select and approve one template option labeled “A”, “B”, or “C”.

10. Minimum Wage for Healthcare Workers- Economic Impact Analysis and Presentation of Ordinance
Staff recommends that the City Council:

1. Consider the Economic Impact Analysis as conducted and presented by the Los Angeles County Economic Development Corporation (LAEDC); and

2. Consider the Minimum Wage for Healthcare Workers Draft Ordinance as presented by proponent SEIU-UHW; and

3. Were City Council to approve the Draft Ordinance, Authorize One (1) New Position Authority of a Management Assistant in the Community Development Department for compliance enforcement
and authorize the Director of Finance to appropriate additional funding and make necessary budget amendments.

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

COMMUNICATION

• Request by Council Member Monica Garcia
Council Member Garcia requests discussion and exploration of potential funding sources for ADU policy that focuses on families, seniors and emancipated youth or college students who are at risk of becoming homeless.

ADJOURNMENT

City Council Agenda Page 5

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 1 st of September
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].

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)

STAFF REPORT
ITEM NO. ________1_________

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: September 7, 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 $1,136,787.77 and the attached General Warrants Register was $2,603,050.61 for a total amount of $3,739,838.38.

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 201571 to 201613 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 34519 to 35067 for the period July 24, 2022 through August 20, 2022 inclusive; these are presented and hereby ratified in the amount of $1,136,787.77.

2. General Warrants, with the bank drafts in the amount of $337,534.42 and checks from 237494 to 237826 in the amount of $2,265,516.19 for the period of August 4, 2022 to August 24, 2022, 2022, inclusive; in the total amount of $2,603,050.61 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

STAFF REPORT
ITEM NO. ________2_________

TO: Honorable Mayor and Members of the City Council
FROM: Lourdes Morales, Chief Deputy City Clerk
DATE: September 7, 2022
SUBJECT: Meeting Minutes

SUMMARY
The City Council held Special and Regular City Council Meetings on the dates listed below.

RECOMMENDATION
Staff recommends that the City Council approve meeting minutes for the following City Council Meetings:

Special City Council Meeting of August 17, 2022.

Regular City Council Meeting of August 17, 2022.

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

BACKGROUND
Not applicable

ALTERNATIVES
Not applicable

LEGAL REVIEW
This report does not require legal review.

ATTACHMENTS

1. Special City Council Meeting of August 17, 2022.

2. Regular City Council Meeting of August 17, 2022.

Special Meeting of 8/17/22 Page 1 of 2

MINUTES

BALDWIN PARK CITY COUNCIL STUDY SESSION

AND SPECIAL MEETING
August 17, 2022, 5:00 P.M.

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

CALL TO ORDER
The meeting was called to order at 5:05 PM by Mayor Estrada.

ROLL CALL
Chief Deputy City Clerk Morales performed roll call:

PRESENT:

Council Member Alejandra Avila
Council Member Monica Garcia was absent from meeting.

Council Member Paul C. Hernandez
Mayor Pro Tem Daniel Damian
Mayor Emmanuel J. Estrada

PUBLIC COMMUNICATIONS
Mayor Estrada opened Public Communications at 5:06 PM.

Seeing no one wishing to speak, Mayor Estrada closed Public Communications at 5:06 PM.

OPEN SESSION/STUDY SESSION
• Regency Hotel- New Owner Presentation
Presented by Community Development Director Ron Garcia

Council member Alejandra Avila stated she was excited to see a change and asked if they were eliminating the balcony with the new renovation.

Regency Hotel New Owner mentioned the balcony would be removed.

The City Council recessed into closed session at 5:16 PM.

RECESS TO CLOSED SESSION

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

Case Name: Maria Cortez Vides v. City of Baldwin Park Case No. 22STCV11511

Case Name: Matthew Rodriguez v. Case No. 222-cv-01069-FLA-MAR City of Baldwin Park

Special Meeting of 8/17/22 Page 2 of 2

Case Name: Kuberry, Michael, Hemenway and Findley Case No. 21STCV07382 v. City of Baldwin Park

Case Name: Jason Adams, AA DOE, AR, DOE, and Case No. 21STCV07429 James Galleegos v. City of Baldwin Park

Case Name: Tuan Le v. City of Baldwin Park Case No. 21STCV34473

2. 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)

RECONVENE IN OPEN SESSION
The City Council reconvened into open session regular meeting at 7:00 PM.

REPORT ON CLOSED SESSION

City Attorney Robert N. Tafoya announced no reportable action was taken.

ADJOURNMENT
There being no further business, motion was made by Mayor Estrada seconded by Mayor Pro Tem Avila, to adjourn the meeting at 7:05 PM.

_______________________
Emmanuel J. Estrada, Mayor
ATTEST:

Marlen Garcia, City Clerk

APPROVED: ___________________

MINUTES

BALDWIN PARK CITY COUNCIL REGULAR MEETING
August 17, 2022, 7:00 P.M.

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

CALL TO ORDER
The meeting was called to order 7:05 PM by Mayor Estrada.

INVOCATION
The invocation was provided by Pastor Flores.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chief Executive Officer Enrique C. Zaldivar.

ROLL CALL
City Clerk Marlen Garcia performed roll call:

MEMBERS PRESENT:

Council Member Alejandra Avila
Council Member Monica Garcia was absent from the meeting.

Council Member Paul C. Hernandez
Mayor Pro Tem Daniel Damian
Mayor Emmanuel J. Estrada

REPORT ON CLOSED SESSION
City Attorney Robert N. Tafoya announced no reportable action was taken.

ANNOUNCEMENTS
The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting.

Council m ember Hernandez closed on behalf of Ventura County Supervisor, Carmen Ramirez.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS

• Covid Awareness Day Proclamation
Presented by the Yellow Heart Memorial Board of Directors

Francoise Coulton accepted to honor survivors, to reduce gun violence.

Council Member Paul C. Hernandez shared his cousin committed suicide due to the pandemic and commented on self-inflicting. Shootings are adding up and Chief is working on a buy back gun program.

Regular Meeting of 8/17/2022 Page 2 of 5

PUBLIC COMMUNICATIONS
Mayor Estrada opened Public Communications at 7:10 PM.

Gabriel Montoya spoke in favor of approving the minimum wage for healthcare workers.

Mr. Luna expressed being upset due to not all Council members being present and in person at each meeting. Mr. Luna spoke in opposition of raising the City’s taxes.

Abel spoke in regards to homeless causing trouble to people and property throughout the City.

Katherine Loeser gave Council updates on the programming the library is offering.

Adena Tessler spoke in opposition of approving the measure of minimum wage for healthcare workers.

Mayor Estrada closed public communications at 7:27 PM.

CONSENT CALENDAR
All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion.

Item No ’s. 6, 7, 9 and 11 were pulled from the consent calendar for separate consideration.

MOTION: It was moved by Mayor Estrada , seconded by Council Member Damian, to approve the remainder of the Consent Calendar. Motion carried by unanimous consent 5/0.

1. City of Baldwin Park’s Warrants and Demands
The City Council approved the attached Warrants and Demands.

2. Treasurer’s Report – June 2022
The City Council approved the Treasure’s Reports for June 2022.

3. Claim Rejections
The City Council approved claim rejections.

4. Approve Final Tract Map No. 83340 to Consolidate Three (3) Lots into one (1) Lot to Facilitate the D evelopment of the Six -Story 59,766- square Foot General Office, Retail and Medical Office Building Including Subterranean Parking and Surface Parking
The City Council approved to accepted the Final Tract map No. 83340 and authorizeed the City Clerk and staff to sign the Final Tract Map.

Regular Meeting of 8/17/2022 Page 3 of 5

5. Baldwin Park Resident Owned Utility District (BP ROUD) Program -2021 Power Content Label
The City Council approved the attestation specified under California’s Power Source Disclosure (PSD) program.

Pulled for further discussion by all council members.

6. Baldwin Park Resident Owned Utility District (BPROUD) Program - Decertification, Reversion, and Decommissioning Process- Status Update Report CEO Enrique commented on outstanding payments but would be receiving funding back.

The City Council approved Baldwin Park Resident Owned Utility District Program Report

Motion: It was moved by Mayor Estrada, second by Council Member Avila to approve the Consent Calendar. Motion carried by unanimous consent (4/0).

Pulled for further discussion by all council members.

7. Designation of Funds from the Settlement Agreement with Athens Inc./Irwindale Material Recovery Facility (MRF)
CEO Enrique stated Athens gave the City $100,000 which could go toward upcoming park developments.

The City Council approved the Designation of Funds from the Settlement Agreement with Athens Inc./Irwindale Material Recovery Facility (MRF).

Motion: It was moved by Mayor Estrada, second by Council Member Hernandez to approve the Consent Calendar. Motion carried by unanimous consent (4/0).

8. Approval of Agreement with Dragonfly Public Affairs to Provide Consultant Services for the Development of the Sales Tax Measure Initiative – Measure BP (Proposed Letter Designation)
The City Council approved the approval of Agreement with the Dragon Public Affairs to provide Consultant Services for the development of the sales tax measure initiative.

Pulled for further discussion by all council members.

9. Minimum Wage for Healthcare Workers – Report Back
Council Member Hernandez stated the Police Department, Fire Department and Healthcare workers provided essential services and requested an expedited cost analysis for short term and long term impacts within 2 to 3 weeks.

Mayor Pro Tem Damien stated for the record the Hospital Association was asking for the fiscal analysis and should provide the City with one.

Motion: It was moved by Mayor Estrada, second by Council Member Avila to approve the Consent Calendar. Motion carried by unanimous consent (4/0).

Regular Meeting of 8/17/2022 Page 4 of 5

10. Adopt Resolution No. 2022-049 entitled, A Resolution of the City Council of the City of Baldwin Park Approving the Application for Grant Funds for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Climate Resilience Grant for NW Maine Avenue and Joanbridge Street Pocket Park
The City Council approved to Adopt Resolution No. 2022-049 The City Council approved staff’s recommendation to adopt Resolution No. 2022-049.

Pulled for further discussion by all council members.

11. Appropriate Additional Funds for Increase to Contract Price for the Los Angeles County Department of Animal Care and Control
Mayor Pro Tem Damian would like Animal Control to take calls seriously when residents call for assistance.

The City Council approved additional funds for increase to contract price for the Los Angeles Country Department of Animal Care and Control.

Motion: It was moved by Mayor Estrada, second by Mayor Pro Tem Damian to approve the Consent Calendar. Motion carried by unanimous consent (4/0).

12. Approval a Resolution to Adjust Salaries of the Full -Time Pol ice Sergeant and Dispatch Supervisor Position Retroactive to July 1, 2022 in Accordance with the Baldwin Park Police Officers Association (POA) Memorandum of Understanding Approved by Council on December 15, 2021, and Update the Comprehensive City of Baldwin Park Pay Schedule in Accordance with CalPERS Guidelines The City Council approved staff’s recommendation to approve Resolution No. 2022-050.

REPORTS OF OFFICERS

13. Approval of Logo, Color Pallet and Selection of Name for Garvey Family Bridge Housing Project
Councilmember Avila suggested naming the housing project Serenity, with the two tiny people along the pathway incorporated into the logo.

The City Council approved the logo, color pallet and selection of name for Garvey Family Bridget Husing Project

14. Approval to Consider the Acceptance of a Service A greement for Consultant Services by and between San Gabriel Valley Regional housing Trust and Kingdom Causes, dba City Net and the City of Baldwin Park to Operate the Garvey Family Bridge Housing Program
• Presentation by City Net
Mayor Estrada suggested providing more resources to provide permanent housing.

The City Council approved a Service Agreement between San Gabriel Valley Regional Housing Trust and Kingdom Causes, dba City Net and the City of Baldwin Park.

Regular Meeting of 8/17/2022 Page 5 of 5

15. Discussion on Arguments for or Against any Ballot Measure The City Council suggested to Author measure statements in support for measure BP, CN, RM, TL.

REPORTS OF OFFICER

ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Estrada, seconded by Council Member Avila, to adjourn the meeting at 8:37 PM.

Mayor:

ATTEST: __________________________
Emmanuel J. Estrada, Mayor

Marlen Garcia, City Clerk

APPROVED: ___________________

STAFF REPORT

ITEM NO. _______3_________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
By: Lourdes Morales, Chief Deputy City Clerk
DATE: September 7, 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 2-051 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from September 7, 2022 through October 7, 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 res tored in the event of a service disruption 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 during 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 also 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. 2022-051

2. AB 361

RESOLUTION NO. 2022-051

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 risks 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 h ereby 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 portions thereof be declared unconstitutional.

SECTION 6.

This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 7th day September, 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. 2022-051 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on September 7, 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. ________4_________

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: September 7, 2022
SUBJECT: Approval of U se Agreement No. 23-05 with the County of Los Angeles for Construction and Maintenance of
the San Gabriel River Class I Commuter Bikeway for the
Use of County Right-of-Way

SUMMARY
This report seeks City Council approval for a Maintenance Agreement allowing the City of Baldwin Park to construct a Class 1 Bikeway along the San Gabriel River fr om Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing to Baldwin Park Boulevard, for the beneficial use of patrons by providing routine maintenance of the proposed commuter bikeway.

RECOMMENDATION
Staff recommends that the City Council approve the Use Agreement with the County of Los Angeles for the use of County right -of-way for the construction and M aintenance of the San Gabriel Commuter Bikeway and authorize the Mayor to execute the agreement.

FISCAL IMPACT
There is no impact to the general fund. The costs for construction of the proposed improvements are included in the approved FY 20 21-2022 Capital Improvement Program (CIP 19-41). Maintenance operations costs will be a bsorbed by the various maintenance cost centers in future Public Works budgets through the term of the Use Agreement.

BACKGROUND
Los Angeles County Metropolitan Transportation Authority (LACMTA) authorized a grant to the City of Baldwin Park for the design and constructi on of appr oximately 2.5 m iles of a Class I bike and pedestrian path along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing on to Baldwin Park Boulevard. The proposed commuter bikeway pat h traverses’ jurisdictional boundaries c ontrolled by the City of Baldwin Park, Los Angeles County Flood Control District (LACFCD), t he California Department of Transportation (Caltrans) and the U.S. Army Corps of Engineers.

In January 2019, final design plans were submitted to Los Angeles Count y Flood Control District, Caltrans, and U.S. Army Corps of Engineers, among other agencies for approvals to obtain encroachment permits for the construction of the bikeway. As part of the permit conditions by the County of Los Angeles for the use of its right-of-way, a Use Agreement needs to be in place for the issuance of the encroachment permit to construct, use, and maintain the bikeway by the city. The construction of the improvements is expected to take place in Fall 2022.

In June 2019, The City Counc il approved and executed the Use Agreement with the County of Los Angeles for Construction and Maintenance of the San Gabri el River Class 1 Commu ter Bikeway for the use of county right-of-way. In June 2022, the U.S. Army Corps of Engineer s approved the 408 permit that is required to construct the Bikeway along the Flo od Control Di strict Right of Way. With completion of the Army Corps permit, L os Angeles County Flood Control District required updated signatures to the Use agreement that was executed in June 2019. The new Use Agreement No. 23- 05 will supersede the previous Use Agreement No. 19-45. All Sections from U se agreement No. 19- 45 are the same in Use Agreement No. 23- 45, with the except ion of S ection 6. On the new Use Agreement, Section 6.7 was added t o clarify that the city will need to pay for any application, administrative and processi ng costs, required in connection with the Use Agree ment and charges will be based on current applicable rates.

DISCUSSION
Under Use Agreement 23-05, the City of Baldwin Park agrees to take-on routine maintenance of the constructed bikeway improvements within the County ’s right -of-way. Maintenance activities are limited and apply only to the premises to be used for bikeway improvements constructed by the city.

These include keeping, inspecting, and maintaining the bikeway premises in a safe, clean, and orderly condition. The city agrees to repair or replace damaged bikeway infrastructure, close all gates, and secure the premises from public access d uring non-operation hours and perform weed, litter, and pest control. The C ity further agrees to remove and abate graffiti within 24 hours upon notice from the County and other graffiti within 72 hours during normal oper ation hours. The maintenance schedule is attached to this report as Exhibit B of the Use Agreement.

The term of the Use A greement No. 23- 05 is anticipated for 10- years, however, at the time of expiration, the parties, upon approval of the respective governi ng boards may agree to extend the term of the agreement beyond the initial term.

ALTERNATIVES

1. The City Council may choose to reject the Use Agreement. This action is not recommended as rejecting the Use Agreement will delay the completion of the project and the City may risk losing grant funds. Additionally, this project has been leveraged by an Active Transportation Grant (ATP) and the city may risk losing that grant as well. Not delivering on these projects may have an adverse effect on future grant opportunities; or

2. Provide Staff with alternative direction.

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

ATTACHMENTS

1. Use Agreement No. 23-05

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC WORKS
“To Enrich Lives Through Effective and Caring Service”

900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (626) 458-5100
http://dpw.lacounty.gov

August 22, 2022

MARK PESTRELLA, Director
ADDRESS ALL CORRESPONDENCE TO:

P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460

IN REPLY PLEASE
REFER TO FILE: SMP-6

06.031
M1922010

Mr. Emmanuel J. Estrada, Mayor
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 917069

Attention Mr. Sam Gutierrez

Dear Mr. Estrada:

SAN GABRIEL RIVER PARCELS 381 AND 541
WALNUT CREEK PARCELS 73, 107, 116, 151, 152, 153, 154, 155, 156, 157, 161, 162, AND 163
ASSESSOR'S IDENTIFICATION NOS. 8550-001-902, 8550-001-907, 8564-012-901, 8564-012-920, 8564-012-908, 8564-009-908, 8564-014-905, 8564-015-900, 8559-010-900, AND 8559-013-909
USE AGREEMENT NO. 23-05
PROJECT ID NO. MPR0000946

OFFER TO RENT PROPERTY

We are pleased to inform you that the subject property is available for rent.

Enclosed is an original of Use Agreement No . 23-05 (UA 23 -05). Please have the duly authorized representative(s) sign, notarize, and return the executed original to this office along with the following:

1. A copy of the insurance policy (not a Certificate of Insurance), or those portions of the policy adequately proving the existence of the policy, meeting the following minimum requirements:

A. Coverages for general liability and pro perty damage in the amount as stated in UA 23-05.

B. The County of Los Angeles and the Los Angeles County Flood Control District are named as additional insureds.

C. UA 23-05, or a description of the District 's property that is the basis of UA 23-05, is included as part of the insured premises.

Mr. Emmanuel J. Estrada
August 22, 2022

Upon receipt of all the above items, we will process UA 23-05 for approval and signature.

We will send a fully executed original for your use.

If you have any questions or require additional in formation, please contact me at (626) 458 -7074 or [email protected]. Our office hours are Monday through Thursday from 7 a.m. to 5:45 p.m.

Very truly yours,

MARK PESTRELLA, PE
Director of Public Works

TAMMY PRICE, Real Property Agent II
Real Estate Services Section
Survey/Mapping & Property Management Division

TP:mr
P:\MPPUB\ADMIN\MARIA\SMP-6 2022\OTRP\294 TP\SAN GABRIEL RIV OFFER.DOCX

Enc.

Use Agreement No. 23-05
San Gabriel River Commuter Bikeway Project
San Gabriel River Parcels 381 and 541
Walnut Creek Parcels 73, 107, 116, 151, 152, 153,
154, 155, 156, 157, 161, 162, and 163
Right-of-Way Map Nos. 6-RW 7.1 and 20-RW 11.4d
Assessor's Identification Nos. 8550-001-902,
8550-001-907, 8564-012-901, 8564-012-920,
8564-012-908, 8564-009-908, 8564-014-905,
8564-015-900, 8559-010-900, and 8559-013-909
Supervisorial District 1

USE AGREEMENT

This Use Agreement is entered into by and between the

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,

herein referred to as "DISTRICT"

and the

CITY OF BALDWIN PARK

hereinafter referred to as "USER"

RECITALS

WHEREAS, DISTRICT owns fee and easement interests to portions of San Gabriel River and Walnut Creek generally located at the confluence of Walnut Creek, in the City of Baldwin Park , State of California and, as more particularly shown on Exhibit A, attached hereto and made a part hereof (hereinafter referred to as PREMISES);

WHEREAS, USER proposes to use a portion of PREMISES for public recreational purposes in connection with USER'S project known as the San Gabriel River Commuter Bikeway Project (hereinafter referred to as PROJECT); and

WHEREAS, USER proposes to construct, operate, and maintain certain improvements on PREMISES in connection with PROJECT, including, but not limited to, a pedestrian and bicycle path, signage, traffic striping, and metal handrails (hereinafter referred to as IMPROVEMENTS).

NOW, THEREFORE, in consideration of the se recitals and the faithful performance by USER and DISTRICT of the mutual covenants herein contained for the period of time herein set forth, DISTRICT and USER hereto mutually agree as follows:

SECTION 1. Authorized Use

1.1. USER is authorized and permitted to use PREMISES for the construction, operation, maintenance, and use of IMPROVEMENTS in accordance with the terms and conditions of this Use Agreement and the approved plans.

USER is not permitted to dedicate or personalize any IMPROVEMENTS or place signage on PREMISES without prior written approval by DISTRICT.

Any other use of PREMISES by USER is expressly prohibited.

1.2. USER acknowledges San Gabriel River and W alnut Creek are working flood protection and water cons ervation facilit ies and USER'S use of PREMISES shall be subordinate to the primary uses and purposes of PREMISES for watershed management , including flood control, water conservation, and water quality purposes by DISTRICT and others (pursuant to DISTRICT'S permission), and USER'S use of PREMISES shall at no time interfere with the use of PREMISES or the use of DISTRICT'S adjacent property and/or improvements for such purposes or activities.

1.2.1. USER acknowledges that DISTRICT performs periodic maintenance on and within San Gabriel River and W alnut Creek . DISTRICT reserves the right to temporarily restrict or prohibit public access to some or all of PREMISES, as DISTRICT determines to be
reasonably necessary to perform these maintenance activities.

DISTRICT shall not be responsible for providing alternative bicycle/pedestrian access to or within PREMISES during these maintenance activities.

1.3 DISTRICT reserves the right to use or allow others to use PREMISES for any and all lawful purposes in addition to flood control, water conservation, and water quality purposes , including, but not limited to, public transportation, utilities, roads, parks and recreation, and/or other related uses together with incidental rights of construction and installation of facilities, ingress and egress, operation and maintenance. The exercise of the rights reserved herein shall not be inconsistent with the USER'S use or constitute unreasonable interference.

1.4 This Use Agreement is valid only to the extent of DISTRICT 'S jurisdiction.

Acquisition of permits required by other affected agencies or agencies with regulatory jurisdiction over PROJECT or IMPROVEMENTS and the consent of underlying fee owner(s) other than DISTRI CT (hereinafter collectively referred to as THIRD -PARTY APPROVALS), if any, and is the responsibility of USER. USER shall be responsible for all costs associated with obtaining and complying with the requirements and conditions of all THIRD-PARTY APPROVA LS, including, by way of example, permit fees and compensatory mitigation expenses. USER shall provide DISTRICT copies of all THIRD-PARTY APPROVALS.

SECTION 2. Construction and Maintenance of IMPROVEMENTS

2.1. USER understands and acknowledges that it is required to comply with the requirements set forth in the California Environmental Quality Act (CEQA) and the State CEQA guidelines , the National Environmental Policy Act (NEPA) and any applicable NEPA regulations o f any federal agency with regulatory jurisdiction over PROJECT or IMPROVEMENTS prior to implementing IMPROVEMENTS and that USER shall be the lead agency with respect to any and all CEQA compliance related to IMPROVEMENTS.

In addition to its other indemnification obligations as specified below, USER hereby agrees to indemnify, defend, and hold harmless DISTRICT and the County of Los Angeles and their elected and appointed officers, employees, and agents from and against any and all claims and/or actions re lated to IMPROVEMENTS that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA.

2.2. USER shall bear all costs in connection with the construction of IMPROVEMENTS, including preparation of plans and specifications and all construction costs and expenses.

2.3. Prior to commencement of any construction activity on PREMISES by or on behalf of USER, USER shall submit the plans and specification for IMPROVEMENTS, and shall apply for and obtain a permit from Los Angeles County Public Works , Land Development Division, Encroachment Permits and Inspection s Section. USER shall also obtain DISTRICT'S prior written approval should USER propose to make any changes to the approved plans and specifications. DISTRICT shall have the right to refuse to issue a permit to USER if PROJECT or IMPROVEMENTS or any condition of any THIRD -PARTY APPROVAL impose additional regulatory requirements or impediments on the primary uses and purposes o f PREMISES for watershed management, including flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission).

2.4. Upon compl etion of the construction of IMPROVEMENTS, USER shall provide DISTRICT with approved as-built plans.

2.5. USER shall keep, inspect, and maintain PREMISES and IMPROVEMENTS in a safe, clean, and orderly condition at all times during the term of this Use Agreement. USER shall adhere to the minimum maintenance standards as described in Exhibit B , attached hereto and made a part hereof, during the term of this Use Agreement and shall not permit trash and debris, including, but not limited to, rubbish, tin cans, bottles, and garbage to accumulate at any time, nor shall USER commit, suffer, or permit any waste on PREMISES or IMPROVEMENTS or permit any acts to be done in violation of any laws or ordinances thereon.

2.6 USER shall comply with the "Los Angeles County Flood Control District Addressing Homeless Encampments within LACFCD Right of Way policy" and assume the Public Works' responsibilities, as described in Exhibit C, at USER'S cost, with respect to all portions of PREMISES occupied by IMPROVEMENTS.

2.7. USER shall remove graffiti from PREMISES and IMPROVEMENTS and any walls, fences, and signs, that are located within PREMISES anytime graffiti is discovered by USER or anytime USER is notified by DISTRICT. Graffiti must be removed within the following guidelines:

2.7.1 Remove vulgar graffiti (i.e., profane, obscene, or racist) within 24 hours, Monday through Friday.

2.7.2 Remove other graffiti within 72 hours, Monday through Friday.

2.8. USER shall replace or repair any property of DISTRICT that becomes damaged by USER or any person entering PREMISES at USER'S invitation or consent of, either expressed or implied, within a reasonable time to the satisfaction of DISTRICT or USER shall compensate DISTRICT for the damage within thirty (30) days of the USER'S receipt of an invoice from DISTRICT.

2.9. USER shall c lose all gates and take al l actions necessary to render PREMISES inaccessible to public access in the event USER abandons its operation and maintenance of IMPROVEMENTS or when the weather forecast for the next 24 -hour period is for on e (1) inch of rain or more, or when notified by the DISTRICT.

SECTION 3. Term

3.1. The term of this Use Agreement shall be for ten (10) years (hereinafter referred to as Initial Term), commencing upon execution by DISTRICT subject to DISTRICT'S right to terminate USER'S use as provided for in Section 4 below.

3.2. This Use Agreement shall expire at the end of the Initial Term provided, however, that DISTRICT may extend the term of this Use Agreement beyond the Initial Term, subject to such terms and conditions as it deems appropriate, upon receipt of a written reque st from USER no earlier than twelve (12) months or later than six (6) months prior to the end of the Initial Term.

SECTION 4. Termination of Use

4.1. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least ninety (90) days' prior written notice under the following conditions:

4.1.1. DISTRICT proposes to implement a project on , or including , PREMISES for watershed management purposes including flood control, water conservation, and water quality;

4.1.2. DISTRICT determines, in good faith, that IMPROVEMENTS and/or USER'S use of PREMISES, or any of them, would be substantially incompatible with the proposed project; and

4.1.3. DISTRICT has notified USER of the basis for DISTRICT'S determination that a substantial incompatibility will exist and has provided USER with a reasonable opportunity to propose
modifications to IMPROVEMENTS or USER'S use of PREMISES that will eliminate the incompatibility.

4.2. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least sixty (60) days' prior written notice if: (1) USER breaches any term or condition of t his Use Agreement, or (2) changes in Federal, State or local laws, rules and regulations result in the presence or use of IMPROVEMENTS imposing additional regulatory burdens or impediments on the primary uses and purposes of PREMISES for watershed management, including flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission).

4.3 DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES if construction of IMPROVEMENTS has not been completed within five (5) years from the date this Use Agreement is fully executed.

4.4. DISTRICT shall have the right to immediately cancel and terminate USER'S use of PREMISES, or , at DISTRICT'S sole discretion, to temporarily suspend such use in the event DISTRICT determines, in good faith, that it is necessary for DISTRICT to enter and take exclusive possession of PREMISES in order to respond to a n emergency, as defined in Public Contract Code Section 1102. In the event of an emergency, USER shall bear any expenses associated with the cessation of such use, and shall have no rights or claims therefore against DISTRICT.

4.5. USER shall have the right to cancel and terminate its use of PREMISES , pursuant to this Use Agreement, for any reason by giving DISTRICT at least sixty (60) days' prior written notice.

SECTION 5. Removal of Improvements and Restoration of Premises

5.1. Upon the expiration or sooner termination of this Use Agreement, USER shall, at its own expense, remove IMPROVEMENTS and restore PREMISES to a condition similar to or better than that which existed on the effective date of this Use Agreement, reasonable wear and tear excepted, provided, however that District, upon receipt of a written request from USER, may permit USER to leave all or port ion of said IMPROVEMENT on PREMISES.

5.2 Prior to commencing the removal of IMPROVEMENTS, USER shall apply for and obtain a permit from Los Angeles County Public Works , Land Development Division, Encroachment Permits and Inspection s Section.

5.3. If USER fails to remove IMPROVEMENTS and restore PREMISES within ninety (90) days of the expiration of this Use Agreement or sooner termination of USER'S use of PREMISES , pursuant to this Use Agreement, DISTRICT may remove IMPROVEMENTS.

5.4. If DISTRICT removes IMPROVEMENTS pursuant to Subsection 5.3, DISTRICT shall submit a billing invoice to USER indicating the costs and expenses incurred by DISTRICT in connection with the removal of IMPROVEMENTS and USER shall reimburse DISTRICT all such costs and expenses for removing said IMPROVEMENTS within thirty (30) days of the billing invoice.

SECTION 6. Miscellaneous Terms and Conditions

6.1. Indemnification

6.1.1 In accordance with Government Code Section 895.4, DISTRICT and USER Agree to apportion responsibility and indemnification, notwithstanding any other provision of law, as follows:

6.1.1.1. USER shall indemnify, defend, and hold DISTRICT and the County of Los Angeles and their respective officers, employees, and agents harmless from , and against, any claims, demands, liability, damages, costs, and expenses , including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoe ver, arising from, or related to, the construction, reconstruction, maintenance, operation, use

or removal of IMPROVEMENTS or USER'S breach of any term of this Use Agreement, except to the extent caused by the willful misconduct of DISTRICT.

6.1.1.2. DISTRICT shall indemnify, defend, and hold USER and its officers, employees , and agents harmless from and against , any claims, demands, liability, damages, costs, and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoe ver, arising from or related to the cons truction, reconstruction, maintenance, operation, or removal of any improvements by DISTRICT on, above, or under PREMISES or arising from any and all uses of PREMISES by DISTRICT, except to the extent caused by the willful misconduct of USER.

6.1.2. USER releases DISTRICT and waives all rights to damages for any loss, costs, or expenses USER may sustain as a result of any damage to , or destruction of , IMPROVEMENTS or to PREMISES attributable to DISTRICT'S watershed management activities, including any flood control, water conservation or water quality activities on , or adjacent to , PREMISES, or attributable to any flooding caused by inadequacy or failure of DISTRICT'S facilities, except to the extent caused by DISTRICT'S willful misconduct.

6.1.3. Each party to this Use Agreement shall include the other within the protection of any indemnification clause contained in any ancillary contract relating to PREMISES.

6.2. Without limiting USER'S indemnification of DISTRICT, USER shall procure and maintain, in full force and effect during the term of this Use Agreement, insurance policies providing for the following insurance coverage:

▪ Commercial general liability and property damage coverage with a combined single limit liability in the amount of not l ess than Two Million Dollars ($2,000,000) per occurrence.

▪ Worker's Compensation coverage in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both DISTRICT and USER against any loss, claim , or damage arising from any injuries or occupational diseases occurring to any worker employed by, or any person retained by, USER in the course of carrying out the work or services contemplated in this Use Agreement.

▪ Automobile Liability Insurance: USER shall procure such policy with coverage of not less than One Million Dollars ($1,000,000) per accident.

▪ The County of Los Angeles and Los Angeles County Flood Control District, its governing board, officers, agents, contractors, and employees shall be named as Additional Insureds on all policies of liability insu rance. USER shall furnish to DISTRICT a Policy of Insurance evidencing USER'S insurance coverage no later than ten (10) working days after execution of this Use Agreement, but before USER takes possession of PREMISES. Upon renewal of said policy, USER shall furnish to DISTRICT a Certificate evidencing USER'S continued insurance coverage as required herein.

▪ DISTRICT may accept, should USER elect to provide, a Certificate of Self-Insurance. The limits of such self -insurance coverage shall meet or exceed those stated herein.

6.3. USER and DISTRICT shall have no financial obligation to each other under this Use Agreement, except as herein expressly provided.

6.4. The parties expressly recognize and intend that in consideration of this Use Agreement , which is solely for USER'S benefit, DISTRICT is not to incur any liability whatsoever for any injury, death, or property damage arising from any use of PREMISES or IMPROVEMENTS by persons who gain entry through openings or areas provided for USER'S use except as provided in Section 6.1.2.

6.5. DISTRICT, its Board , and any authorized officer, engineer, employee, or contractor, through its agents or representatives, shall have full right and authority to enter in and upon PREMISES at any and all reasonable times during the term of this Use Agreement, all without interference or hindrance by USER, its agents, officers, contractors, employees, or representatives for the purpose of inspecting the same and to serve or post any notice required or permitted by law for protection of any right or interest of DISTRICT.

6.6. Except as to fuels, lubricants , and products associated with motorized vehicles, equipment, gardening, or maintenance-related substances, or all of the above, USER shall not cause or allow the presence, use, storage, or disposal of any hazardous substances on or about PREMISES without the prior written consent of DISTRICT, which consent shall not be unreasonably denied. In the event of spillage, leakage , or esc ape of any hazardous substance onto PREMISES, USER shall immediately notify DISTRICT by calling (800) 675 -4357. If the spillage, leakage , or escape was caused by USER, USER shall promptly remove any such substance from

PREMISES to DISTRICT'S satisfaction. In addition to removing any of USER'S hazardous substances, USER shall be liable for and reimburse DISTRICT for any and all cost and expenses that DISTRICT may incur or suffer as a result thereof. Such responsibility shall include cost or expenses as DISTRICT may incur by reason of Federal, State, local , or other authoritative agency 's laws and regulations. Notwithstanding the foregoing, USER shall have no responsibility regarding any spill age, leakage or escape associated with any of DISTRICT'S tenants, licensees, or easement holders.

6.7. USER shall also pay any application, administrative and processing costs, required in connection with this Use Agreement. The charges will be based on the then-current applicable rates.

6.8. Any notice to be given or document to be delivered by DISTRICT or USER to the other party may be delivered in person to either party or by private courier or may be deposited in the United States mail, duly registered or certified, with postage prepaid and addressed to the party for whom intended as follows:

To DISTRICT: Los Angeles County Flood Control District
Survey/Mapping & Property Management Division
P.O. Box 1460
900 South Fremont Avenue, 10th Floor
Alhambra, CA 91802-1460
Telephone: (626) 458-7023 or (626) 458-7072
Fax: (626) 979-5322
For emergencies, contact (626) 458-HELP (4357)

To USER: Mr. Emmanuel J. Estrada, Mayor
City of Baldwin Park
Attention Mr. Sam Gutierrez, Director of Public Works
14403 East Pacific Avenue
Baldwin Park, CA 91706
Telephone: (626) 960-4011 Ext. 460
Fax: (626) 962-2625
//
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//
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This Use Agreement has been executed on behalf of DISTRICT and USER by and through their respective duly authorized representatives, on the ______ day of _________ 2022.

DISTRICT USER

LOS ANGELES COUNTY CITY OF BALDWIN PARK

FLOOD CONTROL DISTRICT,
a body corporate and politic
By _____________________________
MARK PESTRELLA, PE Emmanuel J. Estrada, Mayor
Director of Public Works City of Baldwin Park

Date ___________________________
By ______________________________
Greg Even
Assistant Deputy Director

Date ____________________________

APPROVED AS TO FORM:

By _____________________________
Robert M. Tafoya
City Attorney

Date ____________________________

This Use Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.

DISTRICT and USER hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when ap pearing in appropriate places on this Use Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Use Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of “original” versions of such documents.

Further, DISTRICT and USER: (i) agree that an electronic signature of any party may be used to authenticate this Use Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature; and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.

EXHIBIT A
(Map of Premises)

EXHIBIT B
SCOPE OF WORK: LANDSCAPE MAINTENANCE
Action Description Frequency
Tree Trimming Remove dead, deceased, insect -infested and damaged branches and limbs
As needed
Prune Elm, Eucalyptus, and Pepper trees Every two (2) years Prune all other trees Every three (3) years
Dispose of all trees downed by natural or
unnatural causes
As needed
Tree Staking Install stakes when tree is damaged, requires support, or is less than three (3) inches in
diameter
As needed
Check ties, and stakes Once (1) a month
Shrubbery/
Vines
Trimming
Shrubs and vines shall be trimmed to restrict
growth onto the adjacent roads, driveways, and
walkways
As needed
Shrubs should be trimmed to not grow taller than
4 feet, and no shorter than 31/2 feet
Once (1) a year, in March
Trimming should look natural– no shearing
Remove dead or diseased plant materials As needed
Ground Cover
Trimming and
Care
Keep ground covers adjacent to roadways away
from paved surfaces
Twice (2) a year, in March
and September
Edges should look natural – no shearing
Ornamental
Grass
Trimming
Trim vines and ornamental grass in an artisan -
like manner–no scalping
Once (1) a year, in
September.

Ornamental grass and vines along bicycle trails Twice (2) a year, in March and September
Weed Control Keep landscaped areas free of weeds Once (1) a week Remove all weeds from walkways, drainage
areas, and cracks in all hard surface areas
Once (1) a week
Litter Control Remove litter and accumulated debris from landscaped areas
Once (1) a week
Empty and clean trash cans/receptacles Once (1) a week
Replace pet litter bags Once (1) a week
DO NOT handle hazardous waste materials
except as necessary to comply with Section 2.6
of the Use Agreement.

Watering and
Irrigation
System
Operation of automatic irrigation controllers in a
way to not cause excessive wetness

Inspect and maintain irrigation system As needed
Rodent Control Maintain all areas free of rodents, in compliance with Federal, State and local laws –to be
completed by California Certified Applicator
As needed

NOTARIES: ATTACH ADDITIONAL OR OTHER FORMS, IF REQUIRED

ACKNOWLEDGMENT FORM
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.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ________________________ )

On ______________________________, before me, _______________ __, Notary Public, (insert name of the officer) (insert title of the officer)

personally appeared

(insert name(s) and title(s))
_________________________________________________________________________________________________________, 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)

ACKNOWLEDGMENT FORM
(FOR COUNTY USE ONLY)
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, accurac y, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF LOS ANGELES )

On ______________________________, before me, __________________________________________, Deputy County Clerk of the County of Los Angeles, personally appea red, _______________________________________________________

________________________________ who proved to me on the basis of satisfac tory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledge d to me that h e/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 PER JURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

By_______________________________________
Deputy County Clerk of the County of Los Angeles

(Seal)

ITEM NO. 5

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: September 7, 2022
SUBJECT: Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive National Transit Database Reporting Funds for Transit Services for Year 2020

SUMMARY
This report seeks Council consideration for the approval of a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) in order for the City of Baldwin Park to receive Proposition “A” Discretionary Incentive funds in the amount of $197,928.00 for reporting year 2020 for participating in MTA ’s National Transit Database (NTD) reporting of Baldwin Park’s Transit Services to the Federal Transit Authority (FTA).

RECOMMENDATION
Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreements.

FISCAL IMPACT
There is no impact to the General Fund. The City will receive a total amount of $197,928.00 from MTA as Proposition “ A” Discretionary revenue. These restricted funds are used to offset the costs of operating the City’s Transit Services Program.

BACKGROUND
The City of Baldwin Park voluntarily reports annual city transit program ridership and service miles statistics to MTA. The data includes annual costs, revenue, number of passengers, and services provided through the Baldwin Park Transit Program. MTA’s collected data from each operator generates additional Federal Section 5307 capital funds to the County of Los Angeles regionally.

On June 24, 2021, LACMTA approved the Fiscal Year 2021-22 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2019-20. The city has voluntarily submitted NTD data to LACMTA, for Fiscal Years 201 9-20 which successfully met all NTD and Federal Transit Administration (FTA) requirements including an audit with no findings.

DISCUSSION
The City of Baldwin Park receives funds for its NTD reporting based on the same formula that the FTA uses to reimburse LACMTA. The Federal process for reviewing the data creates a two-year lag between data submittal and fund disbursements . This year the city received an MOU for reporting year 2020.

The NTD Funds will be applied as revenue in FY2022-23.

LEGAL REVIEW
None required.

ATTACHMENTS

1. MTA MOU (MOUPAIBALP22000)

MOUPAIBALP22000

PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM

MEMORANDUM OF UNDERSTANDING

FOR COLLECTING AND REPORTING DATA FOR THE

NATIONAL TRANSIT DATABASE
FOR REPORT YEAR 2020

This Memorandum of Understanding (MOU) is entered into as of May 1, 2022 by and between Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of Baldwin Park (the “City”).

WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and

WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data; and

WHEREAS, at its June 24, 2021 meeting, LACMTA approved the Fiscal Year FY 2021-22 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2019-20; and

WHEREAS, the City has voluntarily submitted their FY2019-20 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and

WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2019-20 Report Year (the “Project”); and

WHEREAS, on March 15, 2022, the Federal Transit Administration (FTA) published in the Federal Register the FY 2021-22 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and

WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project.

NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures:

ARTICLE 1. TERM

1.0 This Memorandum of Understanding (“MOU”) will be in effect from May 1, 2022, through June 30, 2025 at which time all unused funds shall lapse.

ARTICLE 2. STANDARDS

2.0 To receive payment for the submittal of the FY 2019-20 NTD statistics, the City warrants that it:

A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements;

B. Prepared and submitted the FY 2019-20 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the LACMTA on or before October 31, 2020;

ARTICLE 3. PAYMENT OF FUNDS TO CITY

3.0 LACMTA shall pay the City for collecting and reporting FY 2019-20 NTD statistics.

LACMTA shall pay the City for submitting the FY 2019-20 ANNUAL NTD REPORT for the applicable transit services as follows:

MOTOR BUS SERVICE
For City’s motor bus service, LACMTA shall pay an amount equal to the 208,342 revenue vehicle miles reported by the City multiplied by the FTA unit value of

0.55708563998307614 per revenue vehicle mile. See Attachment A for detail.

DIAL-A-RIDE SERVICE
For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 28,492 revenue vehicle miles reported by the City multiplied by the FTA unit value of

0.55708563998307614 per revenue vehicle mile. See Attachment A for detail.

CRRSAA ACT EQUIVALENT SUPPLEMENTAL FUNDING
LACMTA shall pay up to $65,991 in CRRSAA Act equivalent Program Funds to support transit programs that are impacted by the COVID-19 pandemic.

3.1 The City shall submit one invoice to LACMTA prior to June 30, 2025, in the amount of $197,928 to receive its payment described above.

3.2 INVOICE BY CITY:

Send invoice with supporting documentation to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
[email protected]

Re: LACMTA MOU# MOUPAIBALP22000 M.S. Chelsea Meister (99-4-3)

ARTICLE 4. CONDITIONS

4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics.

4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City’s use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU.

4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise.

4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board.

4.4 These expenditures will be subject to AUDIT as part of LACMTA’s annual Consolidated Audit.

ARTICLE 5. REMEDIES

5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA.

ARTICLE 6. MISCELLANEOUS

6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein.

6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority.

ARTICLE 7. CONTACT INFORMATION

7.0 LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Chelsea Meister (99-21-3)

7.1 City’s Address:

Baldwin Park
14403 E. Pacific Ave.

Baldwin Park,CA 91706
Attn: David Lopez
[email protected]

IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:

CITY:

City of Baldwin Park Los Angeles County Metropolitan Transportation Authority

_________________________ By: ___________________________ STEPHANIE N. WIGGINS
Mayor/City Manager Chief Executive Officer

Date: ____________________ Date: _______________________

APPROVED AS TO FORM: APPROVED AS TO FORM:

DAWYN R. HARRISON
Acting County Counsel

By: _____________________ By: ____________________
Legal Counsel Deputy

Date: ____________________ Date: __________________

ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY20
Using FY22 FTA Formula Programs Apportionment Data Values Jurisdiction MODE
Number of
Vehicles in
Operation
Total Vehicle
Revenue Miles $ from VRM
Tier II
Operator
Deduction
CRRSAA
Allocation
Amount
Total
($)Due to
Jurisdiction
Alhambra MB 8 102,410 57,051.14 77,146 134,197 Alhambra DR 7 167,428 93,271.73 93,272 Artesia DR (DT) 5 9,694 5,400.39 3,574 8,975 Azusa DR 6 71,068 39,590.96 26,792 66,383 Baldwin Park MB 6 208,342 116,064.34 65,991 182,055 Baldwin Park DR 2 28,492 15,872.48 15,872 Bell MB 1 32,826 18,286.89 15,889 34,176 Bell DR 9 21,572 12,017.45 12,017 Bellflower MB 2 71,226 39,678.98 27,429 67,108 Bellflower DR 2 19,908 11,090.46 11,090 Bell Gardens MB 3 98,337 54,782.13 42,177 96,960 Bell Gardens DR 3 30,829 17,174.39 17,174 Burbank MB 14 287,907 160,388.86 (23,294) 75,421 212,516 Calabasas MB 11 88,572 49,342.19 36,680 86,022 Calabasas DR 1 15,460 8,612.54 8,613 Carson MB 7 253,900 141,444.04 125,200 266,644 Carson DT 8 75,497 42,058.29 42,058 Cerritos MB 5 156,059 86,938.23 68,089 155,028 Cerritos DR 10 54,146 30,163.96 30,164 Compton MB 5 149,036 83,025.82 37,048 120,074 Compton DR 2 4,257 2,371.51 2,372 Covina DR 4 54,151 30,166.74 17,438 47,605 Cudahy MB 1 34,280 19,096.90 15,794 34,891 Cudahy DR 5 20,940 11,665.37 11,665 Downey MB 7 102,330 57,006.57 57,208 114,214 Downey DR 16 59,646 33,227.93 33,228 Duarte MB 2 DID NOT REPORT FOR 2020 - 17,940 - El Monte MB 7 216,827 120,791.21 86,682 207,473 El Monte DR 6 66,759 37,190.48 37,190 Glendora MB 3 67,049 37,352.04 52,810 90,162 Glendora DR 10 71,360 39,753.63 39,754 Huntington Park MB 5 157,801 87,908.67 61,507 149,415 Huntington Park DT 13 70,022 39,008.25 39,008 LACDPWAvocado MB 1 38,404 21,394.32 11,155 32,549 LACDPWELA MB 6 244,735 136,338.35 91,280 227,619 LACDPWELA DR 7 49,933 27,816.96 27,817 LACDPWEast Valinda MB 1 44,216 24,632.10 12,553 37,185 LACDPWKing Medical MB 1 34,252 19,081.30 10,062 29,143 LACDPWWillowbrook Shuttle MB 2 79,283 44,167.42 23,433 67,600 LACDPWS.Whittier MB 4 218,008 121,449.13 58,266 179,715 LACDPWAthens MB 1 36,686 20,437.24 10,505 30,942 LACDPWLennox MB 31,213 17,388.31 8,230 25,619 LACDPWFloranceFirestone MB 2 58,784 32,747.72 13,772 46,520 Lakewood DR 12 61,282 34,139.32 17,851 51,991 Lawndale MB 2 67,033 37,343.12 22,357 59,701 Lynwood MB 4 138,136 76,953.58 38,805 115,758 Malibu DT 9 11,141 6,206.49 4,222 10,429 ManhattanBeach DR 4 34,824 19,399.95 13,961 33,361 Maywood MB 2 25,324 14,107.64 16,328 30,436 Maywood DR 2 16,227 9,039.83 9,040 MontereyPark MB 6 166,354 92,673.42 69,425 162,098 MontereyPark DR 3 22,225 12,381.23 12,381 Pico Rivera DR 3 13,398 7,463.83 5,909 13,373 Rosemead MB 2 109,666 61,093.35 50,154 111,247 Rosemead DR 3 31,691 17,654.60 17,655 Santa Fe Springs DR 2 15,045 8,381.35 5,719 14,100 South Gate MB 5 136,729 76,169.76 100,832 177,001 South Gate DT 9 152,831 85,139.96 85,140 SouthPasadena DR 5 25,672 14,301.50 10,154 24,456 WestCovina MB 4 168,146 93,671.72 64,915 158,587 WestCovina DR 4 51,844 28,881.55 28,882 West Hollywood MB 4 115,521 64,355 32,600 96,955 Total 306 4,951,213 2,758,250 (23,294) 1,603,304 4,287,719 FY22 Revenue Mile Rate 0.55708564

ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY '20
Using FY '22 FTA Formula Programs Apportionment Data Unit Values Jurisdiction MODE
Number of
Vehicles in
Operation
Total Vehicle
Revenue Miles
Total Vehicle
Revenue Hours
Total Passenger
Miles
Total Operating
Costs $ from VRM $from OPCOST Total Generated
Tier II
Operator
Deduction
CRRSAA
Allocation
Amount
Total ($)Due to
Jurisdiction
Glendale MB 28 720,483 80,541 2,278,590 7,361,585 401,370.73 15,621 416,992$ (60,561) 189,094 545,524 Pasadena MB 733,203 70,941 2,439,762 5,736,832 408,456.86 22,981 431,438$ (62,659) 188,082 556,861 LADOT COMMUNITY DASH MB 169 3,062,129 311,207 11,931,951 41,021,278 1,705,868 76,871 1,782,739$ (258,914) 734,012 2,257,837 LADOT DEPARTMENT OF AGING DR 88 280,107 41,102 482,119 4,194,864 156,044 1,227 157,271$ 113,289 270,560 Total LADOT 257 3,342,236 352,309 12,414,070 45,216,142 1,861,912 78,098 1,940,010$ 2,528,397 Total NTD 9166 Funds 291 4,936,892 514,477 17,351,757 59,374,434 2,750,272 117,705 2,867,977 (382,135) 3,630,781 FY22 Revenue Mile Rate *
FY22 Passenger Mile Rate

0.5570856

0.0221487
Voluntary NTD Reporting-FY15, RY2013

STAFF REPORT
ITEM NO. ________6_________

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: September 7, 2022
SUBJECT: Approve Resolution No. 2022-052 “A Resolution of the City Council of the City of Baldwin Park Authorizing the Director of Public Works to Execute Program Supplement No. A072 to Administer Agency-State Agreement for State Funded Projects No. HSIPL-5323(040) for the Traffic Signal Improvements at the intersection of Merced Avenue and Vineland Avenue”

SUMMARY
This item seeks the adoption of Resolution 2022- 052, authorizing the Director of Public Works to execute the Program Supplement Agreement No. A072 to Administer Agency -State Agreement for State Funded Project No. HSIPL-5323(040), for the Traffic Signal Improvements at the intersection of Vineland Avenue and Merced Avenue. The Program Supplement Agreement will inc orporate the project into the Master Agreement for administering state funded projects.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2022-052, entitled, “A Resolution of the City Council of the City of Baldwin Park Authorizing the Director of Public Works to Execute Program Supplement No. A072 to Administer Agency-State Agreement for State Funded Projects No. HSIPL - 5323(040) for the Traffic Signal Improvements at the intersection of Merced Avenue and Vineland Avenue.”

FISCAL IMPACT
There is no impact to the G eneral Fund. The execution of the Program Supplement will disburse $281,940.00 to the city (CIP Project No. 21-199, Account No. 270-50-520-58100-55002) in Highway Safety Improvement Program (HSIP) grant funds for the construction and installation of traffic signal improvements at the intersection of Vineland Avenue and Merced Avenue.

BACKGROUND
On September 19, 2012, the City of Baldwin Park entered into an Agency-State Agreement (known as a Master Agreement) with the State of California, Department of Transportation (Caltrans). The Master Agreement serves as the funding mechanism and administration document for state and/or feder al grant-funded projects that are awarded to the city. The typical term for the Master Agreement is ten (10) years and as federal and state grants are awarded to the city, the projects are incorporated into the Master Agreement through Program Supplement Agreements (PSAs). Specific technical information regarding each individual project including a detailed cost, scope, and schedule would be contained in a PSA developed and customized for each project.

On May 4, 2022, the City Council approved Resolution 2022-018, authorizing the Director of Public works to execute Master Agreement No.07-5323S21 with the State of California which was set to expire on September 19, 2022. A current Master Agreement with the State of Calif ornia is required to be adopted and executed in order to incorporate newly and future grant-awarded projects through PSAs.

DISCUSSION
On March 26, 2021, the Vineland Avenue and Merced Avenue Intersection Improvement Project, was selected and awarded through the Highway Safety Improvement Program (HSIP) Cycle 10. The traffic signal modification at Merced Avenue and Vineland Avenue project consists of modifying the north- south left-turn phasing and east-west left-turn phasing at the intersection; upgrades to traffic signal hardware, including LED signal heads, lenses, back-plates with retroreflective borders, conduit, wiring, controller and controller cabinet . Additional improvements include ADA improvements, signing and striping, and cold mill and overlay of existing asphalt pavement within project limits.

On June 2, 2021, the City Council authorized the Public Works Direct or to execute an RFS proposal from Wildan Engineering for this project.

With the design plans at 99% completion, the city plans to begin construction in the Fall 2022. In anticipation of a Fall 2022 construction schedule, the city requested an allocation of grant funds for the construction of project from the State . As a condition for the disbursement of funds, the city must execute Program Supplement Agreement No. A072 (attached), which adopts and incorporates this project into the newly approved master agr eement. The Program Supplement Agreement contains specific technical information regarding the project, such as detailed cost, scope, and schedule.

ALTERNATIVES

1. The City Council may choose not to adopt Resolution 2022- 052 authorizing the execution of program supplement NO. A072 with the State. This action is not recommended as this will delay the work and may result in loss of funds for the project No. HSIPL-5323(040); or

2. Provide Staff with alternate direction.

ENVIRONMENTAL REVIEW
The subject Traffic Signal Improvements at the intersection of Vineland Avenue and Merced Avenue Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) . The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use.

LEGAL REVIEW
None Required.

ATTACHMENTS

1. Resolution No. 2022-052

2. Program Supplement No. A072
RESOLUTION NO. 2022-052

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

AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE PROGRAM SUPPLEMENT NO. A072 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. HSIPL -5323(040) FOR THE TRAFFIC SIGNAL

IMPROVEMNTS AT THE INTERSECTION OF MERCED AVENUE AND VINELAND AVENUE

WHEREAS, the City of Baldwin Park is eligible to receive Federal and/or State funding for Transportation Projects; and

WHEREAS, the Federal and/or State Agencies revised the programming and funding process for Transportation Projects, which are incorporated into new Master Agreements; and

WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with Federal and State Agencies including the California Department of Transportation before such funds could be claimed; and

WHEREAS, the City of Baldwin Park wishes to delegate authorization to execute these agreements and any amendments thereto to the Director of Public Works or his designee.

NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. All of the above recitals are all true and correct.

SECTION 2. That the City of Baldwin Park agrees to comply with all conditions and requirements set forth in the Master Agreement and applicable statutes, regulations, and guidelines for all federally and/or State Funded Transportation Projects.

SECTION 3. That the Mayor and City Council approved Master Agreement which is effective June 1, 2009 and all Program Supplements and any Amendments thereto, for Federally and/or State Funded Projects.

SECTION 4. That the Director of Public Works or his designee be authorized to execute the Program Supplement Agreement No. A072 and any Amendments thereto for federally and/or State Funded Projects.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution

PASSED, APPROVED, AND ADOPTED this 7th day of September 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. 2022-052 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on September 7, 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
00000A072
FOR STATE FUNDED PROJECTS NO 07-5323S21
0723000014
August 12, 2022
07-LA-0-BWP
HSIPL-5323(040)
5323
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 07-5323S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/19/2022 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

Intersection of Merced Ave and Vineland Ave.

Modify signal system to provide left-turn phasing; and improve signal hardware.

0.0(MILES)
State Funds
Estimated Cost Matching Funds

CITY OF BALDWIN PARK
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$414,070.00 $132,130.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$281,940.00
STATE $281,940.00
1 Page of 3Program Supplement 07--532-A072- SERIAL
8/15/2022

SPECIAL COVENANTS OR REMARKS
07-LA-0-BWP
HSIPL-5323(040)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
2Page of 3Program Supplement 07--532-A072- SERIAL

SPECIAL COVENANTS OR REMARKS
07-LA-0-BWP
HSIPL-5323(040)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3Page of 3Program Supplement 07--532-A072- SERIAL

STAFF REPORT

ITEM NO. _________7________

TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Community Development Director PREPARED BY: Carol Averell, Housing Manager
DATE: September 7, 2022
SUBJECT: Consideration to Adopt Resolution No. 2022-053, Authorizing the City of Baldwin Park to R eceive
Permanent Local Housing Allocation (PLHA) Funds
from the State of California Department of Housing and
Community Development

SUMMARY
This report seeks City Council consideration authorizing the City of Bal dwin Park to receive funding related to the Permanent Local Housing Allocation (PLHA) Program ; and authorizing staff to update Resolution 2020-038 and submit it to the State of California Department of Housing and Community Development (HCD) to complete the Standard Agreement.

RECOMMENDATION
Staff recommends that the City Council auth orize the city to receive PLHA funds and adopt Resolution No. 2022-053 on behalf of the City of Baldwin Park.

FISCAL IMPACT
Adoption of this resolution creates no fiscal impact.

BACKGROUND
The HCD is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties. HCD issued a Notice of Funding Availability (NOFA) dated February 26, 2020 under the Permanent Local Housing Allocation (PLHA) Program and the City of Baldwin Park applied for funding in an amount up to $488,178 to administer eligible active cities under PLHA P rogram such as the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low - ,Very low-, Low-, or Moderate-income households and/or Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI.

The City of Baldwin Park is pursuing several affordable housing projects where PLHA funds could possibly be invested. Staff will return at a later date for the City Council to consider the funding of those projects.

ALTERNATIVES
The alternative is to not approve staff’s recommendation to receive PLHA Program Funding.

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

ATTACHMENTS

1. Resolution No. 2022-053
Resolution No. 2022-053
City of Baldwin Park

AUTHORIZING RESOLUTION

The Mayor and the City Council of the City of Baldwin Park, a California Municipal Corporation (“Applicant”), hereby consents to, adopts and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 02/26/2020 under the Permanent Local Housing Allocation (PLHA) Program;

C. WHEREAS, Applicant is an eligible Local government applying for the program to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA grant recipients;

NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA ($488,178) in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

5. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

6. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

7. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

8. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

9. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

10. Enrique C. Zaldivar, Chief Executive Officer, is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED at a regular meeting of the City of Baldwin Park this 7th day of September, 2022 by the following vote:

AYES: ABSTENTIONS: NOES: ABSENT:

Signature of Approving Officer
[Insert printed name and title of Approving Officer]

INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor

CERTIFICATE OF THE ATTESTING OFFICER

The undersigned, Officer of [Name of Attesting Officer] does hereby attest and certify that the [foregoing / attached] Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Baldwin Park which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer
[Insert printed name and title of Attesting Officer]

ITEM NO. 8

STAFF REPORT

TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: September 7, 2022
SUBJECT: Approval to Update Scope of Work and Accept Grant Award from the San Gabriel Valley Council of Governments (SGVCOG) for the Program 4: Pilot Programs/City Specific Program

SUMMARY
The purpose of this staff report is for City Council to consider approval to accept the SGVCOG Program 4: Pilot Programs/City-Specific Programs Grant in the amount of $50,000.

FISCAL IMPACT
There is no fiscal impact to the G eneral Fund at this ti me. The grant funds are quarterly reimbursed for a total of $50,000.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve to Accept the SGVCOG Program 4: Pilot Programs/City -Specific Programs Grant in the amount of $50,000; and

2. Authorize the Mayor to execute the memorandum of agreement; and

3. Authorize the Director of Recreation & Community Services to finalize all associated documents with the grant; and

4. Authorize the Director of Finance to appropriate grant funds and make necessary changes to the budget.

BACKGROUND
On July 13, 2021, the Los Angeles County Board of Supervisors (BOS) approved the Fiscal Year (FY) 2021- 2022 Measure H Funding Recommendations. These recommendations included $15 million for the LA County Councils of Governments (COGs) for the period from January 2022 through June 2023, to be allocated to each subregion based on the 2020 point -in-time (PIT) homeless count.

The FY21-22 recommendations include $5 million for LA Count y COGs to begin January 2022, with the remaining $10 million in funding to be included i n the FY 2022- 2023 funding recommendations.

Beginning in January 2022, the SGVCOG will receive approximately $1.17 million for FY 2021-2023, and a total of $3.525 million over the 18 months period from January 2022 – June 2023.

The fundi ng being made av ailable to the San Gabriel Valley represents a significant reduction in funding from the approximately $10 million that currently available to the SGVCOG and cities i n the San Gabriel Valley. To address this signif icant reduction in funding, SGVCOG focused on leveraging resources and maximizing efficiencies by focusing on regional programs to reduce administrative costs. These funding recommendations were presented to the Homelessness Working Group on July 15, 2021 and highlighted the requirements for cities to participate in the program. Cities were asked to submit the letter of intent by Tuesday, September 7, 2021 and a subsequent final grant applications for the interested program areas below by Monday, September 20, 2021.

• Program 1: Services to Supplement Existing Programs
• Program 2: Outreach and Services for Hard-to-Reach Populations • Program 3: Mobile Crisis Response Program
• Program 4: Pilot Programs/City-Specific Programs

The City submitted a Letter of Intent and a subsequent final grant ap plication for Programs 1, 3 and 4 listed above as they aligned with the city’s Homeless Implementation Plan efforts and strategies.

The City of Baldwin Park was selected the next highest -scoring project under Program 4 ; Pilot Program/City Specific P rograms for the pilot safe parking program the City’s original request was $125,000 however it has been instructed to confirm whether the submitted project could utilize funding reduced to $50,000. As such, staff is r ecommending that the SGVCOG continue to work with the City to determine if $50,000 would be sufficient to support the project and provide an update to the Homelessness Committee at a future meeting.

At their January 19, 2022, City Council approved a pilot six (6)-month safe parking program. The City was set to begin the city specific pilot safe parking program on June 1, 2022. However, the service provider selected was unable to meet the general insurance requirements to operate the safe parking program site and meet contract guidelines.

Therefore, City staff has revamped the grant application proposal under Program 4: Pilot Programs/City-Specific Programs to include a modified scope of work approved by the San Gabriel Valley Council of Governments . The program will provide funding for direct funding interventions to support prevention, diversion, and rehousing efforts and to those who qualify. Funding interventions with clients will be initiated by a problem -solving conversation to verify and determine speci fic client needs that will allow the clien t to remain housed. In addition to financial resources, participants will also have access to emergency food, clothing, hygiene kits, and homeless service referrals to local agencies through the City Specific Acces s Point. The City will ensure that program clients are connected to the Coordinated Entry System (CES) and Homeless Management Information System (HMIS) so individuals and families receive connections to Union Station Homeless Services (USHS), Foothill Unity Center Inc., Family Solutions, Goodwill Inc., Esperanza Villa, Serenity Homes, and California Mental Health Connection.

Eligible activities include but are not limited to the following:
• Housing relocation and stabilization;
• Short-term or medium-term rental assistance;
• Rental application fees;
• Security deposits;
• Utility deposits and payments;
• Moving costs;
• Housing search and placement;
• Housing stability case management;
• Mediation;
• Tenant legal services;
• Auto repair, insurance, and registration;
• Storage;
• Credit repair.

Other activities should be discussed with the SGVCOG prior to using funding. If approved by City Council, the City will execute a memorandum of agreement.

ALTERNATIVES
The alternative would be to not accept the SGVCOG Program 4: Pilot Pr ograms/City-Specific Programs grant funds in the amount of $50,000.

LEGAL REVIEW
Approved as to form.

ATTACHMENTS

1. Memorandum of Agreement

1679301.1

MEMORANDUM OF AGREEMENT

CITY HOMELESS PROGRAM MEMORANDUM OF AGREEMENT BETWEEN THE CITY

OF BALDWIN PARK AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG)

This Memorandum of Agreement (“MOA” ) is by and between the City of Baldwin Park (City) and the San Gabriel Valley Council of Governments (SGVCOG) to be effective as of the date signed by both Parties.

RECITALS:

A. The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley within the jurisdiction of its member cities and its unincorporated areas;

B. The SGVCOG entered into a contract with the County of Los Angeles for the purposes of providing homeless services in support of the County's Homeless Initiative (HI) strategies to combat homelessness in the San Gabriel Valley;

C. The SGVCOG allocated Measure H funding to support four program s, as approved by the SGVCOG Governing Board, to address homelessness in the San Gabriel Valley, which include services to supplement existing homelessness program , outreach and services for hard- to-reach populations, mobile crisis response program, and pilot programs;

D. The City desires to implement a program that will provide prevention, diversion, and rapid rehousing funds to individuals in its community facing housing insecurity;

E. The City submitted an application to SGVCOG for funding to administer the Prevention,
Diversion, and Rapid Rehousing Program;

F. The SGVCOG Governing Board considered and approved the City’s proposed program as a pilot program to combat homelessness in the San Gabriel Valley; and

G. The City and the SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA.

NOW, THEREFORE, the Parties agree to the following:

I.

TERM:

The term of this MOA shall commence upon execution of the MOA by all Parties and shall continue through May 31, 2023. The term of this MOA may be extended by mutual agreement of both Parties by way of an amendment to this MOA.

II.

RESPONSIBILITIES OF EACH OF THE PARTIES:

A. SGVCOG

1. Review submitted deliverables, reports, and invoices from the City and notify City as to any additional such documents that are required.

2. Coordinate conference calls and/or meetings with City as necessary.

2 1679301.1

3. Provide any updated point -of-contact described in Section III.B to serve as the SGVCOG’s Project Manager with name, title, and contact information.

4. Review and approve procurement procedures for City’s use of funds.

5. Hold monthly working group meetings with City to support information sharing.

6. Review City invoicing and reporting schedules and deadlines.

7. Provide payment to the City within 30 days of approval of City’s invoice.

8. Reimburse the City up to $50,000 for eligible expenses as described in Exhibit B.

B. City

1. Manage the Program, as describe in Exhibit A.

2. Submit timely deliverables, reports, and invoices, including spend down reports and appropriate backup documentation in a form reasonably approved by the SGVCOG.

3. Respond to SGVCOG requests related to the Program in a timely manner.

4. Maintain membership in the SGVCOG during the entire term of this MOA.

5. Participate in monthly homeless working group meetings.

6. Provide any updated point-of-contact described in Section III.B to serve as the City’s Project Manager with name, title, and contact information.

7. Submit procurement procedures for City's use of funds under this MOA for approval by the SGVCOG. Procure and administer contracts funded by the SGVCOG in accordance with the SGVCOG-approved procurement procedures.

8. Prior to performance of any work by third- party vendors for which the City will seek reimbursement, submit the final form of contracts or purchase orders executed with third-party vendors to the SGVCOG for authorization. SGVCOG shall have no obligation to reimburse City for contracts and purchase orders that do not receive its approval prior to performance of work and SGVCOG reserves the right to not reimburse work under contracts for which the approved procurement process is not followed or have not received the SGVCOG’s prior approval.

9. Submit rates for City -employed staff for SGVCOG approval prior to City staff performing work for which the City will seek reimbursement. SGVCOG reserves the right to not reimburse staff time if rates are not submitted to the SGVCOG prior to performance of the work.

10. Notify SGVCOG prior to releasing press materials related to the Program.

11. Ensure that the Program works in coordination with other existing City programs.

12. Ensure that all funding is expended by the end of the MOA term and, if not, inform the SGVCOG as soon as practicable of delays in expending funds. The SGVCOG reserves the right to retain any funds that it deems will not be spent in accordance with this MOA by the MOA deadline.

13. Reimburse the SGVCOG for expenditures that are determined to be ineligible expenses, as outlined in Section III, and/or that are not in compliance with Measure H funding requirements.

14. Return all equipment purchased using funds secured through the MOA to SGVCOG upon the expiration or earli er termination of the MOA. City shall, at its sole expense, return the equipment in the same condition and appearance as when purchased by City (reasonable wear and tear excepted) and in good working order for the original intended purpose of the equipment.

III.

INELIGIBLE EXPENSES

A. Work otherwise budgeted and funded by another source.

3 1679301.1
B. Work not completed during the term of the MOA, including work performed prior to the effective date of this MOA.

C. Advocacy and lobbying.

D. Grant preparation.

E. Participation in SGVCOG and/or other regional meetings.

F. Activities not defined in Exhibit A.

IV. INVOICING

A. City must submit invoices on a quarterly basis, no later than the 10th day of the month following the end of each quarter, in accordance with the schedule in Exhibit B. City must provide all necessary documentation, including but not limited to timesheets, invoices, and deliverables, as support for the invoice. Invoice must include all work completed during the previous quarter. City’s final invoice for any eligible expenses not previously invoiced in the last quarterly invoice, shall be submitted within 30 days of the end of the MOA term.

B. City must submit a quarterly report with the invoice indicating outcomes during the invoicing period.

C. Any late-submitted invoices are subject to a 5% penalty for each month for which the invoice is late. If an invoice is more than 3 months late, the penalty will increase to 10% per month. Penalties will be deducted from payments made by the SGVCOG on the invoices.

D. Any funds that are not expended by the end of the MOA term and invoiced within 30 days thereof, may be retained by the SGVCOG for re-allocation to another program.

V.

AMENDMENTS:

A. For any change which affects the scope of work, term, MOA, overall compensation, payments, or any term or condition included under this MOA, an amendment to the MOA shall be prepared and executed by the City and by the SGVCOG.

B. For any change which does not materially affect the statement of work as described in Exhibit “A”, the City must receive prior approval by the SGVCOG’s Project Manager.

VI.

PROJECT MANAGEMENT:

A. For purposes of this MOA, the SGVCOG designates the following individual as its Project Manager:

Victoria Urenia
SGVCOG Management Analyst
San Gabriel Valley Council of Governments
1000 S. Fremont Ave, Unit 42
Bldg. A10-N, Suite 10210
Alhambra, CA 91803
626.457.1800
[email protected]

B. For purposes of this MOA, the City of Baldwin Park designates the following individual as its Project Manager:

4 1679301.1

Yuriko M. Ruizesparza
Community Services Supervisor
4100 Baldwin Park Blvd.

Baldwin Park, CA 91706
626.813.5245 Ext:268
[email protected]

C. Additional Parties’ contacts copies of notices to whom shall be sent include the following individuals:

Marisa Creter
Executive Director
San Gabriel Valley Council of Governments
1000 S. Fremont Ave, Unit 42
Bldg. A10-N, Suite 10210
Alhambra, CA 91803
[email protected]

Manuel Carrillo Jr.

Director of Recreation and Community Services
4100 Baldwin Park Blvd.

Baldwin Park, CA 91706
[email protected]

D. Either Party may change its Project Manager or contacts upon written notice to the other Party.

VII. TERMINATION:

A. This MOA may be terminated by either Party at any time without cause. Termination will occur 30 days after written notice is issued by a Party to the other Party’s Project Manager. The City shall stop work and not incur any additional expenses upon receipt of or issuance of such notice, except that which is reasonabl e and necessary to effectuate the termination. The City shall be entitled to reimbursement for eligible expenses that are reasonably and necessarily incurred up to the date that such termination is effective.

B. This MOA may be terminated for cause at any time for a material default by one of the Parties upon written notice to the applicable Project Manager. In the event of termination for cause, termination will be in effect three days after deposit of the written notice in the U.S. Mail, postage pre -paid, unless otherwise stated at a later time in the written notice.

VIII. INDEMNITY:

A. Neither the SGVCOG, its member agencies, or their respective officers, employees, consultants or volunteers (the “SGVCOG Indemnitees), shall be responsible for any

5 1679301.1
damage or liability occurring by reason of anything done or committed to be done by the City or its respective officers, agents, employees, or volunteers under or in connection with the performance of this MOA.

B. Neither the City or its respective officers, employees, consultants or volunteers (the “City Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the SGVCOG Indemnitees under or in connection with the performance of this MOA

C. The City shall indemnify, defend and hold the SGVCOG Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the City’s obligations under this MOA, unless caused by the negligence or willful misconduct of the SGVCOG Indemnitees.

D. The SGVCOG shall indemnify, defend and hold the City Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the SGVCOG’s obligations under of this MOA, unless caused by the negligence or willful misconduct of the City Indemnitees.

IX. OTHER TERMS AND CONDITIONS:

A. In performing this MOA, neither the City nor SGVCOG is a contractor, agent or employee of the other. Neither the City or SGVCOG shall represent themselves as contractors, agents or employees of the other Party and shall have no powers to bind the other Party in contract or otherwise.

B. This MOA, along with the applicable funding requirements of the SGVCOG’s agreement with the County of Los Angeles, constitute the entire understanding between the Parties, with respect to the subject matter herein. The MOA shall not be amended except in writing signed by the Parties.

C. Neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fires, acts of a public enemy, pandemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA.

D. Neither Party shall assign this MOA, or any part thereof, without the prior written consent and prior approval of the other Party, nor any assignment without consent shall be void and unenforceable.

6 1679301.1

E. This Agreement shall be governed by California law and any applicable federal law.

F. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

G. The terms of this MOA shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective approved successors and assigns.

In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.

FOR THE CITY OF BALDWIN PARK

By: ___________________________
Emmanuel J. Estrada
Mayor

Date: __________________________

APPROVED AS TO FORM:

_______________________________
Robert Tafoya
City Attorney

FOR THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS

By: ____________________________
Marisa Creter
Executive Director

Date: __________________________

APPROVED AS TO FORM:

_______________________________
David DeBerry
General Counsel

7 1679301.1

EXHIBIT A

Scope of Work

Program: Baldwin Park Prevention, Diversion & Rapid Rehousing Program

Program Description
City will implement a Prevention, Diversion and Rapid Rehousing Program (Program) to support clients by preventing them from falling into homelessness and/or connecting with housing as quickly as possible. Referrals could come from the City of Baldwin Park’s Access Point , Esperanza Villa, outreach teams working in the City, or other locations . City will work with potential clients to verify clients and determine specific needs and, if necessary, provide financial assistance preventing clients from falling into homelessness, minimizing the amount of time in which clients are facing homelessness, and/or connecting clients with permanent housing. A key program component is evaluating the impact of the funds in helping clients obtain and/or retain housing.

Through the implementation of the below-listed tasks, the City will meet the following metrics:

Metrics Quarterly Total
Unique clients served 8 32
% of clients served that have retained housing and/or secured housing following intervention
50%

The City will work with the SGVCOG to compile additional data demographics, including unique clients served versus clients continuously served, to develop an understanding of the population accessing services in the cities.

Task 1
Program will provide fu nding for direct funding interventions to support prevention, diversion, and rehousing efforts and to those who qualify. Funding interventions with clients will be initiated by a problem-solving conversation to verify and determine specific client needs that will allow the client to remain housed. In addition to financial resources, participants will also have access to emergency food, clothing, hygiene kits, and homeless service referrals to local agencies through the City Specific Access Point. The City will ensure that program clients are connect ed to the Coordinated Entry System (CES) and Homeless Management Information System (HMIS) so individuals and families receive connections to Union Station Homeless Services (USHS), Foothill Unity Center Inc., Family Solutions, Goodwill Inc., Esperanza Villa, and California Mental Health Connection.

Eligible activities include but are not limited to the following:
• Housing relocation and stabilization;
• Short-term or medium-term rental assistance;
• Rental application fees;
• Security deposits;
• Utility deposits and payments;
• Moving costs;

8 1679301.1
• Housing search and placement;
• Housing stability case management;
• Mediation;
• Tenant legal services;
• Auto repair, insurance, and registration;
• Storage;
• Credit repair.

Other activities should be discussed with the SGVCOG prior to using funding.

Deliverables:
• Quarterly report that includes a narrative on the successes and challenges of implementing the Program, demographics of clients served, services provided, outcomes towards meeting the key performance metrics as listed above, or, if the metrics are not being met, the challenges in meeting the metrics, and outcomes after intervention, in the format provided by the SGVCOG.
• Client report forms, or equivalent data, in a format approved by the SGVCOG • Final report that inclu des a narrative on the successes and challenges of the Program, demographics on the clients served, outcomes after intervention, and overall performance metrics, in the format provided by the SGVCOG

Basis of Billing: Time and Materials
The City must provide invoices and receipts for payment.

9 1679301.1

EXHIBIT B

Table 1. Budget

The City shall receive a maximum of $50,000 for implementation of the City’s Program. Funding shall be disbursed on a reimbursement basis and in accordance with Table 1.

Task Not to Exceed Amount
Task 1 Prevention and Diversion $ 50,000
TOTAL $ 50,000

Reports and invoices must be submitted quarterly by the following dates:
2022 2023
October 10, 2022 January 10, 2023
April 10, 2023

The final report is due by June 13, 2023.

STAFF REPORT

ITEM NO. _________9________

TO: Honorable Mayor and Members of the City Council
FROM: Lourdes Morales, Chief Deputy City Clerk
Enrique C. Zaldivar, Chief Executive Officer/CEO
DATE: September 7, 2022
SUBJECT: Approval of an Agenda Template for al l Legislative Meetings

SUMMARY
This report seeks City Council consideration to approve a uniformed agenda template to be utilized by all authorities and commissions.

RECOMMENDATION
Staff recommends that the City C ouncil select and approve one template option labeled “A”, “B”, or “C”.

FISCAL IMPACT
There is no impact to the general fund.

BACKGROUND
On April 6, 2022, the City Council approved an agreement with Prime Government Inc. Solutions for an Agenda Man agement Sui te. Staff is currently in the process of creating a costumed design agendas and mov ing through the discovery process to move forward with the training and implementation stages.

ALTERNATIVES
The City Council may direct staff to bring forth other options.

LEGAL REVIEW
Not required.

ATTACHMENTS

1. Agenda Templates A, B, C

CITY COUNCIL

REGULAR MEETING
Agenda
January 10, 2022, 7:00 PM

Welcome to your City Council Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk.

Please Note: Electronic devices are to be turned off while meetings are in session.

How to watch
The City of Baldwin Park provides two ways to watch a City Council meeting:

In Person Online

Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as require by the American with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participate in the meeting. Please contact the City Clerk’s Office at (626) 960-4011.

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 ac cordance 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. Speaker cards are available at the podium and by request with the City Clerk.

Public Communication
There is a three-minute speaking time limit. 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 s pecial circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or question asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to [email protected] .

Mayor Emmanuel J. Estrada
Mayor Pro Tem Daniel Damian
Councilmember Alejandra Avila
Councilmember Monica Garcia
Councilmember Paul C. Hernandez
Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
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

CITY COUNCIL REGULAR MEETING Agenda January 10, 2022, 7:00 PM Welcome to your City Council Meeting We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online Reasonable Accommodations Individuals with disabilities may request an agenda packet in appropriate alternative formats as require by the American with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participate in the meeting. Please contact the City Clerk’s Office at (626) 960-4011. 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. Speaker cards are available at the podium and by request with the City Clerk. Public Communication There is a three-minute speaking time limit. 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 question asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to [email protected].

Mayor Emmanuel J. Estrada Mayor Pro Tem Daniel Damian Councilmember Alejandra Avila Councilmember Monica Garcia Councilmember Paul C. Hernandez Most City Council meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin Park, CA 91706 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

CITY COUNCIL

REGULAR MEETING
Agenda
January 10, 2022, 7:00 PM

Welcome to your City Council Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk.

Please Note: Electronic devices are to be turned off while meetings are in session.

How to watch
The City of Baldwin Park provides two ways to watch a City Council meeting.

In Person Online

Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as require by the American with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participate in the meeting. Please contact the City Clerk’s Office at (626) 960-4011.

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. Speaker cards are available at the podium and by request with the City Clerk.

Public Communication
There is a three- minute speaking time limit. 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 Ac tion 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 question asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to [email protected].

Mayor Emmanuel J. Estrada
Mayor Pro Tem Daniel Damian
Councilmember Alejandra Avila
Councilmember Monica Garcia
Councilmember Paul C. Hernandez
Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
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

STAFF REPORT

ITEM NO. ________10_________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer/CEO Lourdes Morales, Chief Deputy City Clerk
Robert N. Tafoya, City Attorney
DATE: September 7, 2022
SUBJECT: Minimum Wage for Healthcare Work ers-Economic
Impact Analysis and Presentation of Ordinance

SUMMARY
At their meeting of August 17, 2022, the City Council considered a Staff Report where it was reported that proponent SEIU -UHW and opponent HASC were not willing to enter mutual discussions for a potential compromise which the City Council would be willing legislate into an ordinance. Council directed Staff to present the Ordinance as drafted by the proponent at the subsequent Council meeting of September 7, 2022, and to conduct an economic i mpact analysis related to the implementation of the ordinance, if it could be done in the two-week time period.

RECOMMENDATION
Staff recommends that the City Council:

1. Consider the Economic Impact Analysis as conducted and presented by the Los Angeles County Economic Development Corporation (LAEDC); and

2. Consider the Minimum Wage for Healthcare Workers Draft Ordinance as presented by proponent SEIU-UHW; and

3. Were City Council to approve the Draft Ordinance, Authorize One (1) additional Position Authority of a Management Assistant in the Community Development Department for compliance enforcement and authori ze the Director of Finance to appr opriate additional funding and make necessary budget amendments.

FISCAL IMPACT
The Economic Impact Study conducted by LAED C analyses the related economic impacts to the local economy. The fiscal impact to the General Fund is $17,080.

Contingent on City Council approval of the Ordinance, the hiring of one Management Assistant would have a total impact to the General Fund of $ 73,829 in direct annual salary plus estimated $49,851 in benefits including pension and insurance and related costs for a total of $123,680 annually.

The total estimated impact to the General Fund is $140,760 which will result in a deficit of $66,860 from the amended FY 2022-23 budget.

BACKGROUND
Proponent SEIU -UHW had brought forth a citizen’s ballot initiative for setting with the intent of placing it on the November 8, 2022, general election. Upon review of the initiative qualifying signatures, it was deemed insufficient by the Chief Deputy City Clerk in consultation with the County Registrar Office. Council affirmed the Certificate of Insufficiency at its meeting of July 6, 2022.

At Council direction, staff invited both parties to hold expl oratory di scussions on a potential compromise. There was not enough interest to pursue brokering a compromise, and Staff discontinued any further efforts on that front.

Both sides have been quite active in vocalizing their respective positions at several of the recent City Council meetings during the Public Comment segment of the meeting. Proponent urging the Council to enact an ordinance adopting a minimum wage for healthcare workers ; opponent urging the City Council to refrain from adopting an ordinance gi ven that the city is under no obligation to act at this point since the initiative did not qualify in Baldwin Park , and to conduct an economic impact analysis prior to taking any action.

Council directed Staff to bring forth the Ordinance in the version that was presented by the proponent as part of the ballot application, and to commission an economic impact study in the most expeditious manner so it could be presented at the September 7, 2022, City Council meeting simultaneously with the ordinance.

DISCUSSION
Given the very compressed timeline to conduct the Economic Impact Study, Staff moved expeditiously to secure a qualified firm who could take on the assignment and who could meet the timeline of roughly two weeks. Several contacts were made to the few limited number of firms that could do this work. We appreciate The Los Angeles County Economic Development Corporation (LAEDC) for stepping up and taking on the challenge on such a short notice . LAEDC had recently completed a similar study, on a very tight timeline, for the City of Long Beach.

In the interest of time, we agreed that LAEDC’s study would be abbreviated and focus more on the short-term economic impacts of the Minimum Wage for Health Care Workers, and less on the long- term impacts which wo uld require more time for analysis. Additionally, the study would contain a limited number of stakeholder interviews to allow LAEDC to focus more on the technical aspects of the study.

LAEDC was kindly agreeable to get going on the study once we had the ge neral terms agreed upon, with the understanding that the agreement instrument itself would follow shortly thereafter. The cost of the study will be $17,080, which is within the contract authority of the Chief Executive Officer.

A presentation to the City Council of the findings of the study will be made by LAEDC at the Council meeting. The completed study itself will be added to the published agenda prior to the council meeting but will not be yet finalized at the time of the posting of the agenda.

As instructed by the City Council, the Draft Ordinance presented herein, is the verbatim version as presented by proponent SEIU-UHW. Council can make changes to it if they so choose.

If the City Council adopts an ordinance at to day’s meeting, it will be considered first reading and will be brought back for second reading at the next regularly scheduled City Council M eeting. If approved, the ordinance becomes effective 30 days from the approved date.

Following is a recap of the status of the cities in LA County w here the proponent had proposed a ballot initiative:

Cities Where Initiative Qualified

1. Downey (Enacted by ordinance)

2. Duarte (November election)

3. Inglewood (November election)

4. Long Beach (enacted by ordinance)

5. Los Angeles (enacted by ordinance)

6. Monterey Park (enacted by ordinance)
Cities Where Initiative did not Qualified

7. Baldwin Park (did not qualify)

8. Culver City (did not qualify)

9. Lynwood (did not qualify)

ALTERNATIVES
The City Council may choose to take no action on this item.

LEGAL REVIEW
City Attorney has reviewed this report.

ATTACHMENTS

1. Draft Ordinance- Minimum Wage for Healthcare Workers in the City of Baldwin Park.

2.Economic Impact Study by The Los Angeles County Economic Development Corporation will be available for review on Wednesday, September 7, 2022.