Agenda packet — Baldwin Park City Council, January 18, 2023

CITY COUNCIL

SPECIAL MEETING
Agenda
January 18, 2023, 5:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian

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

Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online

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

Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation 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 sta ff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] 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].

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS

OPEN SESSION/STUDY SESSION

RECESS CLOSED SESSION

1 Conference with Legal Counsel – Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

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

Case: Cetina, Huerta, Jimenez, Parra, Real, Case No. 22STCV14121 Valdivia v. City of Baldwin Park

Case: Mathew Rodriguez v. City of Baldwin Park Case No. 2:22-cv-01069-FLA-MAR

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

Case: Rukli, Inc. v. City of Baldwin Park Case No. 22STCV28634

2 Conference with Real Property Negotiators
Pursuant to California Government Code Section 54956.8:

City Negotiators: Enrique C. Zaldivar, Chief Executive Officer

Property Address: 4161 Baldwin Park Blvd., Baldwin Park, CA

Negotiating Parties: Kidder Matthews – Eric Knowles

Under Negotiation: Price and Terms for Possible Purchase of Property

ADJOURNMENT

CERTIFICATION
I, Christopher Saenz, 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 12th day of January 2023.

Christopher Saenz
City Clerk

For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at [email protected]. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)

CITY COUNCIL

REGULAR MEETING
Agenda
January 18, 2023, 7:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian

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

Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online

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

Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical c hange in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

REPORT FROM CLOSED SESSION

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.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS

Grant Presentation – Affordable Housing and Sustainable Communities Program – Presented by Ron Garcia Director of Community Development, and Cesar Toledo Cesar Chavez Foundation

PUBLIC COMMENTS

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. Treasurer’s Report – November 2022
Staff recommends that Council receive and file the Treasurer’s Report for November 2022.

3. Adopt Resolution No. 2023-001 Setting the Appropriations Limit for Fiscal Year 2022-23 Adopt Resolution No. 2023 -001 setting the Appropriations Limit for Fiscal Year 2022 -23 at $94,547,647.

4. Adoption of Resolution No. 2023 -002 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. 2023 -002 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings for the month of February 2023 and retroactively the time period from December 17, 2022 through January 18, 2023).

5. Approval of Amendment Number 1 to the Consultant Services Agreement with Terra Realty Advisors Inc. to provide various real estate services related to outdoor advertising billboard signs
It is recommended that the City Council1. Approve Amendment Number 1 to the existing agreement with Terra; and 2. Authorize the Mayor to execute the Amendment. 3. Authorize the Director of Finance Director to make the necessary appropriations and budget adjustments.

6. Claim Rejection
Staff recommends that City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s):Re: K8 Investor Holdings, LLC (“Claimant”) -On October 20, 2022, Claimant presented a claim for, among other things, i nverse condemnation; intentional interference with contractual and prospective and economic relationship; fraud (“Tort Claim”). This Tort Claim is untimely. The Development Agreement with Kultiv8 Group, LLC (predecessor owner of Claimant) was approved on May 2, 2018 by the City Council; therefore, the Tort Claims should have been presented on or about November 2, 2018. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below. Re DJCBP Corporation dba Tier One Consulting and David Ju (“Claimants”)-On October 26, 2022-Claimants presented a claim for what appears to be: Civil RICO; Fraud; Negligence; Conversion; Rescission; Declaratory Relief; Unfair Business Practices; Financial Elder Abuse (“Tort Claims”; se e letter from David Torres -Siegrist, Esq., dated September 22, 2022). This Tort Claim is untimely. The Development Agreement with Claimants was approved on April 3, 2019 by the City Council; therefore, the Tort Claims should have been presented on or about October 3, 2019. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requeste d that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers.

PUBLIC HEARING

REPORTS OF OFFICERS

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED

COMMUNITY DEVELOPMENT COMMISSION

SA 1. Treasurer’s Report SA – November 2022
Staff recommends that the Board receive and file the Treasurer’s Report for November 2022.

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

COMMUNICATION

Request by Council Member Monica Garcia
• Council Member Garcia requests a report back from City Staff on the Status of the Property formerly known as “Olive Square Market” which is located at the corner of Olive/Maine Avenue. – Chief Lopez to provide Briefing on Public Safety and Ron Garcia report back on Land use planning at Olive & Maine Location.

Request by Chief Executive Officer Enrique C. Zaldivar
• Update City Council on Toilet & Shower Head Replacement Program that was presented to them at the December 21, 2022 Council Meeting.

ADJOURNMENT

Christopher Saenz
City Clerk

STAFF REPORT
ITEM NO. _________1________

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TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: January 18, 2023
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 $1,176,453.59 and the attached General Warrants Register was $2,916,103.88 for a total amount of $4,092,557.47.

BACKGROUND
The attached Claims and Demands report format meet 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 th e City of Baldwin Park consists of check numbers 201740 to 201768 .

Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 36971 to 37509 for the period November 27, 2022 through December 24, 2022 inclusive; these are presented and hereby ratified in the amount of $1,176,453.59.

2. General Warrants, with the bank drafts in the amount of $1,041,086.28 and checks from 239143 to 239552 in the amount of $1,875,017.60 for the period of December 7, 2022 to January 9, 2023, inclusive; in the total amount of $2,916,103.88 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

ATTACHMENTS

1. Check Register

STAFF REPORT
ITEM NO. _______2__________

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TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: January 18, 2023
SUBJECT: Treasurer’s Report – November 2022

SUMMARY
Attached is the Treasurer’s Report for the month of November 2022. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commissi on (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code.

RECOMMENDATION
Staff recommends that Council receive and file the Treasurer’s Report for November 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Exhibit “A”, Treasurer’s Report

ESTIMATED

INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET

DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE
State of California Local Agency Investment Fund (LAIF) City-Including General Fund & all other Special Revenue Funds 2.007% Varies Varies 40,058,401.48$ 40,058,401.48$ 40,058,401.48$ 40,058,401.48$ Housing Authority 2.007% Varies Varies 14,209.07 14,209.07 14,209.07 14,209.07 40,072,610.55 40,072,610.55 40,072,610.55 40,072,610.55 Certificate of Deposit
Traditions Bancorp Inc. (Cantella) 4.65% 11/4/2022 11/4/2024 250,000.00 250,000.00 250,000.00 248,800.00 250,000.00 250,000.00 250,000.00 248,800.00
Federal Farm CR BKS Bond
Mutual Securities 4.125% 9/26/2022 10/17/2023 3,000,000.00 3,000,000.00 3,000,000.00 2,979,540.00 3,000,000.00 3,000,000.00 3,000,000.00 2,979,540.00
US Bank - Debt Service Trustee Accounts
Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 7,883,413.92 7,883,413.92 7,883,413.92 7,883,413.92 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 2,677.54 2,677.54 2,677.54 2,677.54 7,886,091.46 7,886,091.46 7,886,091.46 7,886,091.46
$ 51,208,702.01 $ 51,208,702.01 $ 51,208,702.01 $ 51,187,042.01 Total Investments $ 51,208,702.01
Cash with Bank of the West
2,011,308.23
11,018,310.92
1,269,133.24
270,767.77
854,991.33
Total Cash with Bank of the West 15,424,511.49
Investment Brokerage Capital Reserves (Divdend Option Cash) 9,020.91

Total Cash and Investments $ 66,642,234.41
* In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012.

The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park".
* There was one investment purchase transaction made for the month of November 2022 and no deposits/withdrawals were made through the Local Agency Investment Fund.

In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy.

Approved by:

Rose Tam
Director of Finance
Successor Agency
Housing Authority

CITY OF BALDWIN PARK

TREASURER'S REPORT
11/30/2022
City Miscellaneous Cash (W/C, P/R)
City Checking (General)
Money Market Plus

STAFF REPORT
ITEM NO. _______3__________

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TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: January 18, 2023
SUBJECT: Adopt Resolution No. 2023-001 Setting the Appropriations Limit for Fiscal Year 2022-23

SUMMARY
The City of Baldwin Park is required by State law to annually adopt a resolution establishing the City’s Appropriations Limit. The Appropriations Limit applies to the City’s General Fund expenditures. The Appropriations Limit for Fiscal Year 2022 -23 is $94,547,647. The budgeted revenues subject to limitation for the Fiscal Year 2022-23 is $29,571,587.

RECOMMENDATION
Adopt Resolution No. 2023-001 setting the Appropriations Limit for Fiscal Year 2022-23 at $94,547,647.

FISCAL IMPACT
None.

BACKGROUND
Article XIIIB of the California State Constitution specifies that appropriations made by State and local governments may increase annually by no more than a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local non-residential construction, whichever is greater. The original base year was 1978 so the formula is based on the aggregate increase annually since that date.

Data provided by the State Department of Finance indicates that the population change in the City of Baldwin Park over the last year was -0.84%. Additionally, California’s per capita personal income change was 7.55%. These factors combined will increase the City’s annual appropriations limit to $94,547,647 for the Fiscal Year 2022 -23. Although the law authorizes the City to spend up to this amount from the proceeds of taxes, the Fiscal Year 2022-23 adopted General Fund budget proposes to appropriate only 31% of this limit.

ALTERNATIVES
There is no alternative for the City Council to consider as the State Constitution mandates cities to prepare the appropriations limit annually and adopted by the City Council

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

ATTACHMENTS

1. Resolution No. 2023-001

2. Appropriations Limit Worksheet
RESOLUTION NO. 2023-001

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BALDWIN PARK
SETTING THE APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2022-23 WHEREAS, Article XIIIB of the California Constitution requires the Legislative Body to establish an Appropriations Limit annually beginning with the fiscal year ending June 30, 1981;
WHEREAS, the City Council is required by Section 7910 of the Government Code to establish its Appropriations Limit by Resolution; and,
WHEREAS, the Appropriati ons Limit documentation has been available for public inspection for the required fifteen days, in accordance with Section 7910 of the Government Code, prior to the approval of the limit by the Legislative Body.

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

SECTION 1. The Appropriations Limit for the Fiscal Year 2022-23 has been determined to be $94,547,647 and was prepared using the change in the Per Capita Personal Income change of 7.55% and the C ity population change of -0.84% as provided by the State Department of Finance, pursuant to Sections 2227 and 2228 of the Revenue and Taxation Codes, calculations as of January 2022.

SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and the same shall be in full force and effect immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 18th day of January 2023.

__________________________________
EMMANUEL J. ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF BALDWIN PARK

I, Christopher Saenz , City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023-001 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on January 18, 2023, by the following vote to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

__________________________________

CHRISTOPHER SAENZ

CITY CLERK
APPROPRIATION LIMIT FOR PRIOR FISCAL YEAR 2021-2022 88,655,114 APPROPRIATION LIMIT FOR FY 2022-2023
ADJUSTMENT FACTORS:

Per Capita Change: 7.55% Ratio 1.075500
Population Change: -0.84% Ratio 0.991600

CALCULATION FACTOR FOR FY 2022-2023 1.066466
ANNUAL APPROPRIATION LIMIT: 94,547,647
APPROPRIATION SUBJECT TO LIMITATION FOR FY 2022-23
Proceeds of Taxes: 29,571,587
Exclusions -
Appropriations Subject to Limitation 29,571,587
Current Year Limit 94,547,647
Over/(Under) Limit (64,976,060)
TOTAL PROCEEDS AND NON-PROCEEDS OF TAXES (General Fund Only) 34,393,225 PERCENT OF TOTAL APPROPRIATIONS LIMIT FROM PROCEEDS OF TAXES 31%

DETERMINATION OF APPROPRIATION LIMIT
FISCAL YEAR (FY) 2022-23

STAFF REPORT
ITEM NO. _______4__________

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TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
DATE: January 18, 2023
SUBJECT: Adoption of Resolution No. 2023-002 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 16th Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.

It should be noted that the Governor’s offic e has announced that the COVID State of Emergency will end on February 28, 2023. Absent a change in the Governor's plans, at that point, COVID -19 will no longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361. This will be the last extension for Elected Members being able to participate remotely per the Executive Order and AB 361. Beyond February 2023, remote participation will only be allowed by AB 2449 under very specific medical and emergency circumstances.

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

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2023 -002 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings for the month of February 2023 and retroactively the time period from December 17, 2022 through January 18, 2023).

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 wit hout complying with the Brown Act provisions in any of the following circumstances:

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

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

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service 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.

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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 and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Resolution No. 2023-002

2. AB 361

RESOLUTION NO. 2023-002

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 meet ings 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 co nducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and

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

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

SECTION 1. The City Council of the City of Baldwin Park hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as finds of the City Council.

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

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

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

SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or por tions thereof be declared unconstitutional.

SECTION 6. This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED AND ADOPTED this 18th day of January 2023. __________________________________
Emmanuel J. Estrada
MAYOR
ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK
I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that the foregoing Resolution No. 2023-002 was duly and regularly adopted by the City Council of the City of Baldwin Park at a meeting thereof held on the 18th day of January 2023, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
___________________
Christopher Saenz

CITY CLERK
Update: Gov. Newsom Signs AB 361
Amending the Brown Act
Urgency Bill Takes Immediate Effect to Allow Virtual Meetings Under Certain Circumstances
As the California State Legislative session drew to a close on September 10, AB 361, one of several bills that had been introduced to deal with the anticipated expiration of Executive Order N-29-20, not only survived, but passed with wide margins with the addition of an urgency clause. Signed into law on September 16, AB 361 will allow local government to continue to conduct virtual meetings as long as there is a state- proclaimed state of emergency, but it won’t be quite as flexible as it has been under the Executive Order.

The Executive Order allowed for flexible approaches to virtual meetings.

As part of a package of executive orders adopted soon after the beginning of the COVID-19 pandemic, Executive Order N-29-20 allowed local governments to meet remotely without having to adhere to all of the traditional teleconferencing rules that had been part of the Brown Act for decades, including public posting of agendas at the location of remote participation by members of the legislative body and public access to those locations. With the assistance of teleconferencing and remote video technology, local governments statewide have been able to continue the business of the people while following mandated protocols against indoor gatherings. At the same time, interested members of the public could virtually attend meetings safely from home and offer public comment using a variety of methods, from emails to voicemails and video participation, through applications that had previously only been used in corporate boardrooms or for social interactions between friends.

With the end of the Executive Order looming, AB 361 allows for some virtual meetings still, with a few more restrictions.

Executive Order N-29-20 expires on September 30, and with it, local government’s authority to continue with this broader remote participation. So the legislature adopted AB 361 as an urgency measure that goes into effect immediately. The bill amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency.” But this allowance also depends on state or local officials imposing or recommending measures that promote social distancing or a legislative body finding that meeting in person would present an imminent safety risk to attendees. Though adopted in the context of the pandemic, AB 361 will allow for virtual meetings during other state- proclaimed emergencies, such as earthquakes or wildfires, where physical attendance may present a risk.

Real-time public comment is required.

The key difference between Executive Order N-29-20 and AB 361 is that AB 361 requires a public comment period where the public can address the legislative body directly. It expressly prohibits councils and boards from limiting public comments to only comments submitted in advance and specifies that the legislative body “must provide an opportunity for the public to … offer comment in real time.” Additionally, the body must allow for public comment up until the public comment period is closed at the meetings.

The agenda must include information on the manner in which the public may access the meeting and provide comments remotely, and if technical problems arise that result in the public’s access being disrupted, the legislative body may not take any vote or other official action until the technical disruption is corrected and public access is restored.

Watch the sunset.

Finally, AB 361 will sunset on January 1, 2024, and requires the legislative body to make findings by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that officials continue to impose or recommend measures to promote social distancing.

Takeaway
Local agencies that want to continue holding virtual meetings or allowing remote participation by the public under the Brown Act should ensure that the public can make real-time comments up until the close of the public-comment period. Limiting comment to emails sent at least an hour before the meeting starts will no longer be acceptable.

And push pause if there is a technical disruption: Don’t hold the vote until the public is back online.

Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation or future developments may affect subjects contained herein.

Seek the advice of an attorney before acting or relying upon any information herein.

STAFF REPORT
ITEM NO. ______5___________

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
Ron Garcia, Director of Community Development
DATE: January 18, 2023
SUBJECT: Approval of Amendment Number 1 to the Consultant Services Agreement with Terra Realty Advisors Inc. to provide various real estate services related to outdoor advertising billboard signs

SUMMARY
The purpose of this staff report is to consider an amendment to the Consultant Services Agreement (CSA) with Terra Realty Advisors Inc. (Terra) to extend the Agreement by additional twelve months. All other provisions in the Agreement remain in effect.

RECOMMENDATION
It is recommended that the City Council

1. Approve Amendment Number 1 to the existing agreement with Terra; and

2. Authorize the Mayor to execute the Amendment.

3. Authorize the Director of Finance Director to make the necessary appropriations and budget adjustments.

FISCAL IMPACT
There is no additional fiscal impact with this amendment, which only extends the term of the CSA for twelve months. The original n ot-to-exceed agreement amount of $40,000 has been covered and will continue to be covered by fees collected from the billboard sign companies seeking new development agreements or leases with the city.

BACKGROUND
At the January 19, 2022, City Council approved a twelve-month CSA with Terra for an amount not -to- exceed $40,000 for the purposes of providing real estate services related to billboards. This agreement is set to expire and requires an amendment to extend it.

Since the execution o f the agreement Terra has been an instrumental resource in a very specialized industry by assisting in negotiating new development agreements related to new signs, existing signs with expiring agreements and static to digital sign conversions. Terra has ensured that the city will be receiving revenues consistent with what other cities are receiving based on current market conditions, and has assisted in navigating the highly regulated industry.

In addition, Terra has collected fees from the billboard sig n companies to defray the cost of it’s CSA with the city and has collected enough fees to cover all previous billing. It’s also anticipated that Terra will collect enough fees in the future to cover the remaining cost of its CSA. Terra has collected $30,000 from Outfront Media LLC and Lamar Central Outdoor LLC combined. It’s estimated that Terra

Page 2 ends

will collect an additional $25,000 from All Vision LLC and $12,500 from Clear Channel Outdoor LLC in 2023.

ALTERNATIVES
The City Council may decide not to approve this ameendment

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

ATTACHMENTS

1. Amendment Number 1
AMENDMENT NUMBER 1

TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF BALDWIN PARK AND TERRA REALTY ADVISORS INC.

1. PARTIES AND DATE.

This First Amendment to the Consultant Services Agreement (“First Amendment”) is made and entered into this January 18, 2023, by and between the City of Baldwin Park, (“City”), and Terra Realty Advisors Inc. (“Consultant”).

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Consultant Services Agreement dated January 19, 2022, (“Agreement”), whereby Consultant agreed to provide various real estate services related to outdoor advertising billboard signs.

2.2 Amendment. City and Consultant mutually desire to amend the Consultant Services Contract Agreement for the first time to extend the Agreement with Consultant for an additional twelve (12) months.

3. NOW, THEREFORE, City and Consultant agree as follows:

3.1 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Agreement, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

3.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Agreement.

3.3 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

3.4 Corporate Authority. The persons executing this First Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this First Amendment on behalf of said party, (iii) by so executing this First Amendment, such party is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.

*SIGNATURES ON NEXT PAGE*

IN WITNESS WHEREOF, the parties have executed this First Amendment to be executed the day and year first above written.

CITY OF BALDWIN PARK: CONSULTANT: Terra Realty Advisors Inc.

By:________________________________ By:_________________________________ Emmanuel J. Estrada, Mayor Scott Sheldon, President

Approved as to Form:

By:________________________________
Marco A. Martinez
City Attorney

STAFF REPORT
ITEM NO. _______6__________

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Karina Rueda, Human Resources Manager
DATE: January 18, 2023
SUBJECT: Claim Rejection

SUMMARY
This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park.

RECOMMENDATION
Staff recommends that City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s):

Re: K8 Investor Holdings, LLC (“Claimant”) - On October 20, 2022, Claimant presented a claim for, among other things, inverse condemnation; intentional interference with contractual and prospective and economic relationship; fraud (“Tort Claim”). This Tort Claim is untimely. The Development Agreement with Kultiv8 Group, LLC (predecessor owner of Claimant) was approved on May 2, 2018 by the City Council; therefore, the Tort Claims shou ld have been presented on or about November 2, 2018. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below.

Re: DJCBP Corporation dba Tier One Consulting and David Ju (“Claimants”) - On October 26, 2022- Claimants presented a claim for what appears to be: Civil RICO; Fraud; Negligence; Conversion; Rescission; Declaratory Relief; Unfair Business Practices; Financial Elder Abuse (“Tort Claims”; see letter from David Torres -Siegrist, Esq., dated September 22, 2022). This Tort Claim is untimely. The Development Agreement with Claimants was approved on April 3, 2019 by the City Council; therefore, the Tort Claims should have been presented on or about October 3, 2019. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below.

This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers.

FISCAL IMPACT
Fiscal impact is unknown at this time.

Page 2 ends

BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action.

ALTERNATIVES
There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received.

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

ATTACHMENT
None

STAFF REPORT
ITEM NO. ______SA-1___________

Page 1 ends

TO: Chair and Members of the Successor Agency
FROM: Rose Tam, Director of Finance
DATE: January 18, 2023
SUBJECT: Treasurer’s Report SA – November 2022

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for November 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Exhibit “A”, Treasurer’s Report

ESTIMATED

INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET

Total Cash and Investments $ 66,642,234.41
* In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012.

Approved by:

Rose Tam
Director of Finance
Successor Agency
Housing Authority

CITY OF BALDWIN PARK

TREASURER'S REPORT
11/30/2022
City Miscellaneous Cash (W/C, P/R)
City Checking (General)
Money Market Plus

FINANCE AUTHORITY

REGULAR MEETING
Agenda
January 18, 2023, 7:00 PM

Chair
Vice Chair
Board Member
Board Member
Board Member
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian

Welcome to your Finance Authority Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the Board Members 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

Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online

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

Public Comments
The public is encouraged to address the City Council or any of its Agencies li sted 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 questions 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].

CALL TO ORDER

ROLL CALL

PUBLIC COMMUNICATIONS

CONSENT CALENDAR

1. Treasurer’s Report – November 2022
Staff recommends that the Board receive and file the Treasurer’s Report for November 2022.

ADJOURNMENT

Christopher Saenz
City Clerk

STAFF REPORT
ITEM NO. _______1__________

Page 1 ends

TO: Chair and Members of the Finance Authority
FROM: Rose Tam, Director of Finance
DATE: January 18, 2023
SUBJECT: Treasurer’s Report – November 2022

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for November 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Exhibit “A”, Treasurer’s Report

ESTIMATED

INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET

Total Cash and Investments $ 66,642,234.41
* In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012.

Approved by:

Rose Tam
Director of Finance
Successor Agency
Housing Authority

CITY OF BALDWIN PARK

TREASURER'S REPORT
11/30/2022
City Miscellaneous Cash (W/C, P/R)
City Checking (General)
Money Market Plus

HOUSING AUTHORITY

REGULAR MEETING
Agenda
January 18, 2023, 7:00 PM

Chair
Vice Chair
Board Member
Board Member
Board Member
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian

Welcome to your Housing Authority Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the Board Members 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

Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online

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

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 questions 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].

CALL TO ORDER

ROLL CALL

PUBLIC COMMUNICATIONS

CONSENT CALENDAR

1. Baldwin Park Housing Authority’s Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register.

2. Treasurer’s Report HA – November 2022
Staff recommends that the Board receive and file the Treasurer’s Report for November 2022.

ADJOURNMENT

Christopher Saenz
City Clerk

STAFF REPORT
ITEM NO. _______1__________

Page 1 ends

TO: Chair and Members of the Housing Authority
FROM: Rose Tam, Director of Finance
DATE: January 18, 2023
SUBJECT: Baldwin Park Housing Authority’s Warrants and Demands

SUMMARY
Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board

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

FISCAL IMPACT
The total of the Warrants and Demands for Housing Authority was $ 577,978.33.

BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released:

1. The December 9 to January 9, 2023 Warrant check numbers 72662 through 72674 in the amount of $11,337.33 and Automated Clearing House (ACH) In the amount of $566,641.00 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Happy Check Register

2. Happy Check Register ACH
Check Register ReportDate Range: 12/09/2022...01/09/2023VMS Date Range:...Program: 1-Housing Choice VoucherPayment Type:Check Numbers: ...Direct Deposit: Exclude Direct DepositCheck Cleared: AllPort Status: Include Port InsZero HAPs: Include Zero HAPsVoided Payments:Omit Voided PaymentsHeld Checks: Exclude Held ChecksGrouped by: Program and IncrementSorted by: Check Number1/10/2023Check Number Check Date Payee Name AmountHousing Choice Voucher DDVMS Date72662 12/13/2022 LLJ Stratford Sunset, LLC, Sunset $3287.0011/01/202272663 12/13/2022 Pamela Henderson $101.0012/01/202272664 01/01/2023 Bertha Cedillo $128.0001/01/202372665 01/01/2023Vanessa G Ross$58.0001/01/202372666 01/01/2023 Ruth Y Lopez $13.0001/01/202372667 01/01/2023 Guadalupe M Murillo $64.0001/01/202372668 01/01/2023 LLJ Stratford Sunset, LLC, Sunset $1821.0001/01/202372669 01/01/2023 Monica A Escalante $64.0001/01/202372670 01/01/2023Vionne K Tassin$18.0010/01/202272671 01/01/2023 Eternal Link LLC $1649.0001/01/202372672 01/01/2023 George Ka Chun Chew $2049.0001/01/202372673 01/01/2023 Kimmie Mu Matsunaga and David Mu $1216.0001/01/202372674 01/01/2023 City of Carlsbad $869.3301/01/2023Housing Choice Voucher $11,337.33Total7Unit Count$1,542.43Average Weighted by Unit Count$666.90AverageHard to House CountCheck Register Report YR 01/10/2023 Page 1Copyright © 2011-2023, HAPPY Software, Inc.

Check Register ReportDate Range: 12/09/2022...01/09/2023VMS Date Range:...Program:-Payment Type:Check Numbers: ...Direct Deposit: Include Direct DepositCheck Cleared: AllPort Status: Include Port InsZero HAPs: Include Zero HAPsVoided Payments:Omit Voided PaymentsHeld Checks: Exclude Held ChecksGrouped by: Program and IncrementSorted by: Check Number1/10/2023Check Number Check Date Payee Name AmountHousing Choice Voucher DDVMS Date29878 12/13/2022 Michael I. or Ling Brooks $358.0012/01/202229879 12/13/2022 Diba Management $3894.0010/01/202229880 12/13/2022 Ha X Van $2279.0012/01/202229881 12/13/2022Vintage West Covina$5038.0012/01/202229882 12/13/2022Alta Vista Villas, LP c/o Yale$636.0009/01/202229883 12/13/2022 PAMA IV Properties, LP $152.0012/01/202229884 12/13/2022 Tanya H Chen $1357.0012/01/202229885 12/13/2022 Gilbert Dominguez $3930.0010/01/202229886 12/13/2022 Paul P Simon $3878.0010/18/202229887 01/01/2023Y & H Investment, Inc.$1498.0001/01/202329888 01/01/2023 Eunice Property, LLC $1242.0001/01/202329889 01/01/2023 Wilson Apartment Associates L.P. $756.0001/01/202329890 01/01/2023 Monet Huong Nguyen $2467.0001/01/202329891 01/01/2023ASCENSION HOLDINGS LLC$1244.0001/01/202329892 01/01/2023 Tom Cinquegrani $1233.0001/01/202329893 01/01/2023 Mark T. Fernandez $1033.0001/01/202329894 01/01/2023 Melody (Muoi) Dao $1426.0001/01/202329895 01/01/2023 John W. Ruwitch and Anh Lam Truong $1312.0001/01/202329896 01/01/2023 SAE GROUP, LLC $1891.0001/01/202329897 01/01/2023 Wei Zhen Su $695.0001/01/202329898 01/01/2023 Mallorca Apartments, LTD $1519.0001/01/202329899 01/01/2023 Michael I. or Ling Brooks $1275.0001/01/202329900 01/01/2023 Donna J Falls$811.0001/01/202329901 01/01/2023 Cipriano Salazar Jr. $1453.0001/01/202329902 01/01/2023 Dung Tran $572.0001/01/202329903 01/01/2023 Monrovia 612, LP $15479.0001/01/202329904 01/01/2023 Leslie K Ng $779.0001/01/202329905 01/01/2023 Jun Hua Hu $2728.0001/01/202329906 01/01/2023 Quoc T. Vo $1352.0001/01/202329907 01/01/2023 Lien Diep $1034.0001/01/202329908 01/01/2023 Rosa Lamas-Serratos $1723.0001/01/202329909 01/01/2023 Primrose Villa $4810.0001/01/2023Check Register Report YR 01/10/2023 Page 1Copyright © 2011-2023, HAPPY Software, Inc. 29910 01/01/2023Vinh H. Lai$1138.0001/01/202329911 01/01/2023 Malcolm Oso $620.0001/01/202329912 01/01/2023 Dieu-Thuy Nu Ton $1547.0001/01/202329913 01/01/2023 Dajojo, LLC $697.0001/01/202329914 01/01/2023 Don Norwood $1407.0001/01/202329915 01/01/2023 Raymond J Ruelas $2104.0011/01/202229916 01/01/2023Aaron Abdus Shakoor$1464.0001/01/202329917 01/01/2023Ana Thai$883.0001/01/202329918 01/01/2023 SRI Properties No 15 LLC $1268.0001/01/202329919 01/01/2023 Larry Chow $3307.0001/01/202329920 01/01/2023 T & T Asset Holding, LLC $667.0001/01/202329921 01/01/2023 Michael Alfred Alarcon $1334.0001/01/202329922 01/01/2023 Mousa Boushaaya $1458.0001/01/202329923 01/01/2023 Tuan Viet Ho $2082.0001/01/202329924 01/01/2023 Carl P Heinzen $1850.0001/01/202329926 01/01/2023 Jun Ye and Ming Feng $1760.0001/01/202329927 01/01/2023 4324 Walnut St LLC $912.0001/01/202329928 01/01/2023 El Monte Housing Partners LP - The $10139.0001/01/202329929 01/01/2023 Joseph T. Tung $570.0001/01/202329930 01/01/2023Alamitas LLC$906.0001/01/202329931 01/01/2023Avalon Monrovia LLC$1209.0001/01/202329932 01/01/2023 Pro Management Inc. $1399.0001/01/202329933 01/01/2023Andrew & Eva Fogg$1403.0001/01/202329934 01/01/2023 Heritage Park Villas LP$21196.0001/01/202329935 01/01/2023 Diba Management $13129.0001/01/202329936 01/01/2023 Palo Verde Apartments, LP $903.0001/01/202329937 01/01/2023 Ha X Van $3918.0001/01/202329938 01/01/2023 Chen Jackson $827.0001/01/202329939 01/01/2023 Philip Tsui $984.0001/01/202329940 01/01/2023 Paul Yen $2125.0001/01/202329941 01/01/2023 Mie Chen $2469.0001/01/202329942 01/01/2023 Becky Binh Nguyet Luu or Eddie Ma $2021.0001/01/202329943 01/01/2023 Tinh Van Le $628.0001/01/202329944 01/01/2023 Everardo Garcia $2622.0001/01/202329945 01/01/2023 Ngoc T. Lieu $2740.0001/01/202329946 01/01/2023Alfred Tai-Kong Ho and Lisa Chen$1211.0001/01/202329947 01/01/2023 Covina 023 Woods 206 LP c/o $1317.0001/01/202329948 01/01/2023 Doreen Han $784.0001/01/202329949 01/01/2023 Roland Wiekamp $1397.0001/01/202329950 01/01/2023 Siu Fung Mak $1488.0001/01/202329951 01/01/2023 Baldwin Park Family Housing Limited $20490.0001/01/202329952 01/01/2023 Grace Chiou $763.0001/01/202329953 01/01/2023 Marina Alvarez $2106.0001/01/202329954 01/01/2023 Zhi Min Li and WXL Investments Inc. $1381.0001/01/202329955 01/01/2023 Sui Man Mak $831.0001/01/202329956 01/01/2023 Henry Wong $2361.0001/01/2023Check Register Report YR 01/10/2023 Page 2Copyright © 2011-2023, HAPPY Software, Inc. 29957 01/01/2023 West Covina Senior Villas II, LP $509.0001/01/202329958 01/01/2023 Dung Trung Pham and Tammy Tram $98.0001/01/202329959 01/01/2023 Francisco J. Sanchez and Gloria$1109.0001/01/202329960 01/01/2023 Blessed Rock of El Monte $27753.0001/01/202329961 01/01/2023 Blessed Rock of El Monte $3153.0001/01/202329962 01/01/2023Vintage West Covina$8576.0001/01/202329963 01/01/2023Alfonso Contreras$1360.0001/01/202329964 01/01/2023 Ryan Quach and Hue Cao $1774.0001/01/202329965 01/01/2023Alta Vista Villas, LP c/o Yale$2920.0001/01/202329966 01/01/2023 Miriam Barrera $2325.0001/01/202329967 01/01/2023 West Covina Seniors Villas I $1056.0001/01/202329968 01/01/2023 Brookhollow Apartments$11046.0001/01/202329969 01/01/2023 Rahmat Ray Nehdar $1266.0001/01/202329970 01/01/2023Alexander Chan$2391.0001/01/202329971 01/01/2023 Phat Binh Vuong $947.0001/01/202329972 01/01/2023Alan Wu$786.0001/01/202329973 01/01/2023 Henry Ho $1285.0001/01/202329974 01/01/2023 PAMA IV Properties, LP $4391.0001/01/202329975 01/01/2023 Roger Hin Nam Mak $9262.0001/01/202329976 01/01/2023 LAT Investments, LLC $6898.0001/01/202329977 01/01/2023 Mary L Haynes $1008.0001/01/202329978 01/01/2023 Clinett Glazis $434.0001/01/202329979 01/01/2023 Jim & Nancy Bailey $584.0001/01/202329980 01/01/2023 Kimberly Nguyen $853.0001/01/202329981 01/01/2023 Joseph M. Kwok $1788.0001/01/202329982 01/01/2023 Leng Zhang and Bao Ying Jiang $1340.0001/01/202329983 01/01/2023 Mack E Titus $408.0001/01/202329984 01/01/2023 William J Rogers $957.0001/01/202329985 01/01/2023 Lourdes J. Garrison $1700.0001/01/202329986 01/01/2023Angelica Garcia$2355.0001/01/202329987 01/01/2023 Sophia Wong$1185.0001/01/202329988 01/01/2023 Lois J Gaston $835.0001/01/202329989 01/01/2023 Doan & Lily Thi $2033.0001/01/202329990 01/01/2023 El Monte Affordable Housing Partner $372.0001/01/202329991 01/01/2023 Jose Baudelio Delgado$1142.0001/01/202329992 01/01/2023 Larry Mimms $1600.0001/01/202329993 01/01/2023 Jaime Jimenez $675.0001/01/202329994 01/01/2023 Ramiro Viramontes and Veronica $195.0001/01/202329995 01/01/2023 Fat Law $851.0001/01/202329996 01/01/2023 Kevin Kambor Kwong and Yuk Ming $1723.0001/01/202329997 01/01/2023 Kan Investments LTD, LLC $536.0001/01/202329998 01/01/2023 Dwight Chang $2460.0001/01/202329999 01/01/2023 Cameron Park Community Partners, $1622.0001/01/202330000 01/01/2023 Mozhgan Tavakoli $833.0001/01/202330001 01/01/2023 Jun Tang $233.0001/01/202330002 01/01/2023Anmelindon LLC$2330.0001/01/2023Check Register Report YR 01/10/2023 Page 3Copyright © 2011-2023, HAPPY Software, Inc. 30003 01/01/2023 Lourdes Vela $3380.0001/01/202330004 01/01/2023 Gilbert Roybal $1465.0001/01/202330005 01/01/2023 Philip & Fanny Kwok $1468.0001/01/202330006 01/01/2023 Woodside Village Apartments LP $6742.0001/01/202330007 01/01/2023 Robert Lawe $840.0001/01/202330008 01/01/2023 Cynthia Pham $744.0001/01/202330009 01/01/2023 Fanny Chan $969.0001/01/202330010 01/01/2023 Baldwin Rose LP $1666.0001/01/202330011 01/01/2023 Kwan and Mei Chiang $1367.0001/01/202330012 01/01/2023 Sergio Molina $226.0001/01/202330013 01/01/2023 Chuen Lau $1869.0001/01/202330014 01/01/2023 Tanya H Chen $2082.0001/01/202330015 01/01/2023 Dan Thanh Peng and Hoan Peng $1665.0001/01/202330016 01/01/2023 JM Lam Investment LLC$911.0001/01/202330017 01/01/2023Vijay Gulati$4798.0001/01/202330018 01/01/2023 Ngoc Lieu $894.0001/01/202330019 01/01/2023 Joseph H. Garcia $1399.0001/01/202330020 01/01/2023 Lark Ellen Village $8716.0001/01/202330021 01/01/2023Xuyen Thach Han$2826.0001/01/202330022 01/01/2023 EZ APT LLC $1460.0001/01/202330023 01/01/2023 Kim Wah Wong and Sau Yi Wong $1378.0001/01/202330024 01/01/2023 Lucena A Ewing $2994.0001/01/202330025 01/01/2023 Jocelyn Jae Jhong $1957.0001/01/202330026 01/01/2023Virginia Carlson$1138.0001/01/202330027 01/01/2023 Emilio De Jesus Cruz $653.0001/01/202330028 01/01/2023 Isabel R Sanchez $1458.0001/01/202330029 01/01/2023 Cienega Garden Apartments $7108.0001/01/202330030 01/01/2023Vinh Hong Lai$2094.0001/01/202330031 01/01/2023 Doreen E. Ewing $2747.0001/01/202330032 01/01/2023 Moller Property Management $599.0001/01/202330033 01/01/2023 TPA/NASCH LLC, Westgate as a sole $1387.0001/01/202330034 01/01/2023 TDF LP - Pacific Towers c/o Winn $9601.0001/01/202330035 01/01/2023 Paul & Annie W Chau $951.0001/01/202330036 01/01/2023 Steven Eraj Espantman and Marta $1207.0001/01/202330037 01/01/2023 LEFA Trust $1013.0001/01/202330038 01/01/2023 Gilbert Dominguez $9784.0001/01/202330039 01/01/2023 Up Hill Investment Inc. $1817.0001/01/202330040 01/01/2023 Dieu Van Huynh $973.0001/01/202330041 01/01/2023 Kelly Nguyen $1210.0001/01/202330042 01/01/2023 Ramona Property Managers, Inc. $567.0001/01/202330043 01/01/2023 Badillo Street Senior Apartments, LLC $19659.0001/01/202330044 01/01/2023 Monrovia Heritage Park LP $13587.0001/01/202330045 01/01/2023 James or Barbara Fox $1085.0001/01/202330046 01/01/2023 Mayra Ortega$1169.0001/01/202330047 01/01/2023 Sel Homes LLC $7124.0001/01/202330048 01/01/2023 Hui Chuan Wang $3230.0001/01/2023Check Register Report YR 01/10/2023 Page 4Copyright © 2011-2023, HAPPY Software, Inc. 30049 01/01/2023 725-731 W. Duarte Rd, LLC $953.0001/01/202330050 01/01/2023 Nhan Nguyen and Amy Tran $2610.0001/01/202330051 01/01/2023 Paul P Simon $1582.0001/01/202330052 01/01/2023 Puente Villa LLC $448.0001/01/202330053 01/01/2023 RAMONA BLVD. FAMILY $6533.0001/01/202330054 01/01/2023AJG Realty Inc.$1553.0001/01/202330055 01/01/2023 Maria Martha Martinez $1284.0001/01/202330056 01/01/2023Antonio & Aida Rinos$1727.0001/01/202330057 01/01/2023 Greater San Gabriel Valley Property $1054.0001/01/202330058 01/01/2023Annette C Scott$1443.0001/01/202330059 01/01/2023 Denise Van Pham $3410.0001/01/202330060 01/01/2023 1024 Royal Oaks LP dba Whispering $16101.0001/01/202330061 01/01/2023 1024 Royal Oaks LP dba Whispering $3674.0001/01/202330062 01/01/2023 Derek Sim $921.0001/01/202330063 01/01/2023 Josephine Tran $1240.0001/01/202330064 01/01/2023Allan M. & Virginia J Chipp and Ralph$2489.0001/01/202330065 01/01/2023Amparo M Limon$201.0001/01/202330066 01/01/2023 Zi Jian Li $1839.0001/01/202330067 01/01/2023 Minh A Nguyen $676.0001/01/202330068 01/01/2023 Jaime Barcena $136.0001/01/202330069 01/01/2023 Monica D Mao $874.0001/01/202330070 01/01/2023 Shiu-Ein Huang $264.0001/01/202330071 01/01/2023 LAI MING LEUNG $506.0001/01/202330072 01/01/2023 The Promenade Housing Partners, LP $5567.0001/01/202330073 01/01/2023 Paramjit S Nijjar $2293.0001/01/202330074 01/01/2023 Rosa Beltran $1344.0001/01/202330075 01/01/2023 James Ronald Nguyen $1587.0001/01/202330076 01/01/2023 Takis Bogris $991.0001/01/202330077 01/01/2023Ynfante Holdings I, LLC$914.0001/01/202330078 01/01/2023 Roman Basin $678.0001/01/202330079 01/01/2023 Sandhya Kal and Padma Kal $1317.0001/01/202330080 01/01/2023 K. Carl and Zitta A Setian $1097.0001/01/202330081 01/01/2023 Nomer Lacson $1685.0001/01/202330082 01/01/2023Anna & Simon Choi$1353.0001/01/202330083 01/01/2023 Chung Thi Pham $2184.0001/01/202330084 01/01/2023 Rosie Leon $1263.0001/01/202330085 01/01/2023 Roy Lam $1258.0001/01/202330086 01/01/2023 Golden Dragon Properties LLC c/o $1225.0001/01/202330087 01/01/2023 Nancy H Shen $726.0001/01/202330088 01/01/2023 Joe Clark$1176.0001/01/202330089 01/01/2023 Richard A DaSylveira $301.0001/01/202330090 01/01/2023 Sara Romo $1939.0001/01/202330091 01/01/2023 T & P Property LLC $876.0001/01/202330092 01/01/2023 Singing Wood Senior Housing LP$11425.0001/01/202330093 01/01/2023 Michael H Phuong $1093.0001/01/202330094 01/01/2023 Sitara B. Mamdani $1962.0001/01/2023Check Register Report YR 01/10/2023 Page 5Copyright © 2011-2023, HAPPY Software, Inc. 30095 01/01/2023 Joseph Pham $820.0001/01/202330096 01/01/2023 Garvey Senior Affordable Partners, LP $1848.0001/01/202330097 01/01/2023 Ryan Kinpong Woo and Ching King $892.0001/01/202330098 01/01/2023 Mei Yan Chen$1185.0001/01/202330099 01/01/2023 Tsz-Hong Yeung and Sin Kwan Lo $1385.0001/01/202330100 01/01/2023 Shawn Hui Zhen $2688.0001/01/202330101 01/01/2023 Fred Lau $994.0001/01/2023Housing Choice Voucher $564,187.00Total473Unit Count$1,191.69Average Weighted by Unit Count$1,160.88Average4Hard to House Count Check Register Report YR 01/10/2023 Page 6Copyright © 2011-2023, HAPPY Software, Inc.

Check Number Check Date Payee Name AmountEmergency Housing Vouchers DDVMS Date29925 01/01/2023Xiaomin Lin and Xiaoxi Wu$2454.0001/01/202329935 01/01/2023 Diba Management $736.0001/01/202330038 01/01/2023 Gilbert Dominguez$1124.0001/01/202330060 01/01/2023 1024 Royal Oaks LP dba Whispering $1694.0001/01/202330061 01/01/2023 1024 Royal Oaks LP dba Whispering $786.0001/01/2023Emergency Housing Vouchers $6,794.00Total6Unit Count$1,132.33Average Weighted by Unit Count$1,132.33AverageHard to House Count Check Register Report YR 01/10/2023 Page 7Copyright © 2011-2023, HAPPY Software, Inc.

STAFF REPORT
ITEM NO. _______2__________

Page 1 ends

TO: Chair and Members of the Housing Authority
FROM: Rose Tam, Director of Finance
DATE: January 18, 2023
SUBJECT: Treasurer’s Report HA – November 2022

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for November 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Exhibit “A”, Treasurer’s Report

ESTIMATED

INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET

Total Cash and Investments $ 66,642,234.41
* In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012.

Approved by:

Rose Tam
Director of Finance
Successor Agency
Housing Authority

CITY OF BALDWIN PARK

TREASURER'S REPORT
11/30/2022
City Miscellaneous Cash (W/C, P/R)
City Checking (General)
Money Market Plus

Baldwin Park City CouncilJanuary 18, 2023

Baldwin Park City Council
January 18, 2023