Baldwin Park City Council
April 5, 2023

TO: Honorable Mayor and Members of the City Council

FROM: Sam Gutierrez, Director of Public Works
DATE: April 5, 2023
SUBJECT: Accept and Authorize the Filing of a Notice of Completion for CIP 20-89 – “Community Fabric” Art in Public Space Project

SUMMARY
This item will accept work completed for City Project, CIP No.20-89 – “Community Fabric” Art in Public Space Project, close the contract, and authorize the filing of a Notice of Completion with the County Recorder’s Office. The completed work includes the design, fabrication, and installation of a public art piece within the City’s downtown. The Public art piece includes the installation of four decorative poles and wire mesh that stretches perpendicular to Ramona Boulevard from one side of the street to the center medi an and to the other side of Ramona Boulevard. The public art piece also includes the installation of decorative plates that resemble “papel picado” with embossed icons representing the community of Baldwin Park. All designs for the plates were obtained from community outreach and public input.

RECOMMENDATION
It is recommended that the City Council:
1) Accept the design, fabrication, and installation of the public art piece, by Merge Conceptual Design, LLC, and authorize the recordation of a Notice of Completion for City Project CIP 20- 89; and
2) Authorize the final payment in the amount of $ 24,654.40 to close-out the project.

FISCAL IMPACT
There is no impact to the General Fund. The total expenditures for the project are detailed in the following table:

BACKGROUND
The goal of the project is to create distinctive Public Art features at a site- specific location within the City. The artwork will identify the City by reflecting the community’s early days and expressing the City’s current modern-day character. The project will include unique artwork to create a visual representation of the Baldwin Park community while offering respect to its heritage. The project will also complement the recently completed Downtown Beautification improvements which included new traffic signals and streetlights with city banners, decorative crosswalks, new ADA improvements, and site amenities such Project Expenditures Amount
Public Art Advisory Contract $ 10,000.00
Administration/ Inspection Contract $ 11,350.50
Irrigation Repairs $ 8,023.68
Design fabrication and Installation Contract Award $ 616,360.00 Change Orders $ 79,899.77
Total Construction Costs $ 725,633.45

benches, bike racks, and wayfinding signs.

In September 2018, the City released an advisory seeking professional services for Public Art Consulting and project management. A committee comprised of Planning and Public Works staff, received, reviewed and evaluated proposals based on the design firm’s qualifications and experience.

After completion of the evaluation process the committee selected Barker and Associates as the highest rated proposer and executed a Consulting Services Agreement with the firm. Subsequently, Barker and Associates introduced Merge Conceptual Design, LLC. (MCD) to the committee as the proposed public artists for the project.  After meeting with MCD, the selection committee determined that they would be a good fit for the project. MCD offered innovative ideas for public artwork design elements and identified with the City’s long and rich history.

DISCUSSION
On April 17, 2019, the City Council approved a Design- Build contract with Merge Conceptual Design, LLC for professional services for the Design, Fabrication, and Installation of the Public Art Piece. A design-build method of contracting for this project was recommended and approved in an effort to reduce the project schedule and help mitigate the challenges of construction and installation of the artwork.

On January 10, 2022, The Public Works Director executed a change order for $96,874.77 with Merge Conceptual for additional labor and cost for the installation of deeper foundations due to proximity to Metropolitan Water District infrastructure. The change order also included additional costs due to a utility relocation, the installation of slurry for each foundation due to poor soils conditions, the installation of traffic barrier to protect anchors, and engineering survey.

On January 20, 2022, Merge Conceptual completed the design of the public art piece and was able to begin the fabrication of the artwork. Fabrication began during the height of the COVID 19 Pandemic which significantly delayed the construction of project. All elements of the Public art design included decorative elements, such as the poles, the mesh, and plates which each had its own lead times.

Having Merge Conceptual Design work on both the fabrication and construction simultaneously, helped the construction move forward, despite the challenges faced during COVID 19 Pandemic.

On September 9, 2022, The Public Works Director executed a second change order to omit the installation of a digital sign from project scope and for additional cost increase for marquee fabrication which resulted in a credit to the city in the amount of $16,975.00.

On December 2022, All elements for the Public Art Piece were fabricated and installed. The Structural Engineer for Merge Conceptual completed his final site visit and inspection on January 17, 2023.

Subsequently, the Public Works Department’s Engineering Div ision deemed the project substantially complete and recommends that the City Council accept the improvements and authorize the filing of a Notice of Completion and process the final payment.

Included in the total construction costs are the change orders shown below:

CCO # Description Amount
1 Additional Costs for the installation of deeper foundations (14’ to 19’ deep) to comply with requirements of MWD for the existing infrastructure. $96,874.77 2 Omitting of digital display and additional cost for marquee fabrication $(16,975.00) Total $ 79,899.77

ALTERNATIVES

1. The City Council may choose not to accept the completed improvements and not authorize the filling of a Notice of Completion with the Los Angeles County Recorder. This action is not recommended as the project has been deemed substantially completed and accepted by Staff.

Not filing a Notice of Completion may lengthen the time the general contractor and their subs can file a lien or stop payment.

2. Provide Staff with alternative direction.

CEQA REVIEW
The subject Public Art Signs and Digital Marquee Display 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
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Notice of Completion

City Manager Signature

Department Director Review

RECORDING REQUESTED BY:

CITY OF BALDWIN PARK
When Recorded Return To:

Name: CITY OF BALDWIN PARK
Address: 14403 East Pacific Avenue
Baldwin Park, CA 91706__

SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: N/A NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. A certain work of improvement on the property hereinafter described and known as:

City Project No. CIP 19-89– Art in Public Spaces, for the City of Baldwin Park and was ACCEPTED by the City Council on: April 5, 2023.

2. The FULL NAME of the OWNER is City of Baldwin Park

3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706

4. A work of improvement on the property hereinafter described was COMPLETED on January 17, 2023,

5. The work of improvement completed is described as follows: CIP 19-89 – Art in Public Spaces

6. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Merge Conceptual Design, LLC.

7. The street address or location of said property is 14403 E. Pacific Avenue, Baldwin Park, CA 91706

The undersigned, being duly sworn, is the Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true.

By:

Yovanni Viramontes, Associate Engineer
Executed in the City of Baldwin Park

Date: _______ _______

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Date Signature Sam Gutierrez, Director of Public Works

City of Baldwin Park, City Hall

Place of Execution

STAFF REPORT
ITEM NO. _____6_____

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: April 5, 2023
SUBJECT: Consider and Approve Relinquishment Agreement and Adopt Resolution No. 2023-013, “A Resolution of the City Council of the City of Baldwin Park Approving Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Territorial Boundaries of the City of Baldwin Park.”

SUMMARY
This report seeks City Council approval of a Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and collateral facilities within the territorial boundaries of the City of Baldwin Park. The report also request that the City Council adopt Resolution No. 2023- 013 as required for Caltrans to initiate the relinquishment of the frontage road and facilities, referred to as, “Relinquished Facilities” since the streets and facilities were taken by the State and relocated as part of the Interstate 10 Freeway widening project. Included in the relinquishment is state parcel no. 000431-01-01 that includes an existing infiltration basin serving only Dalewood Street and is designated as a collateral facility. The City intends to re-develop the basin into an underground stormwater capture system to enable full surface park improvements as part of the Roadside Park Project. The City will take ownership of the relinquished facilities upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and Caltrans’s recording of the resolution with the County Recorder’s Office.

RECOMMENDATION
It is Staff’s recommendation that the City Council:

1. Approve a Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and facilities and authorize the Mayor to execute the agreement.

2. Adopt Resolution No. 2023- 013 entitled, “ A Resolution of the City Council of the City of Baldwin Park Approving Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Territorial Boundaries of the City of Baldwin Park.”

FISCAL IMPACT
There is no impact to the General Fund.

BACKGROUND
As part of the State’s I -10 Freeway widening project, portions of Garvey Avenue, Dalewood Avenue and certain parcels were taken by the State and relocated (narrowed) to accommodate freeway improvements and to use as a temporary construction easement. Among the property taken were State owned parcels that were leased by the City for use as a public park and open space parkette known

as “Roadside Park”. Caltrans completed the project in 2020 and is releasing its interest in the use of excess land, residual to the project, through property sale and/or relinquishment.

In December 2020 the City Council approved the purchase of real property from the State that was previously used for Roadside Park. The purchase was made as excess land through Right of Way Director’s Deed DD 980097-01-01 in the amount of $78,500. The land was deemed developable and was offered for purchase to the City first, before putting it for sale in the open market. Unlike the purchased land, the proposed relinquishment includes a state-owned collateral facility parcel currently serving a public purpose as a detention and infiltration basin for storm water drainage from D alewood Street. Upon learning about Caltrans’ desire to relinquish the collateral facility, Staff ordered a feasibility study for the development of an underground storm water storage and infiltration system to remove the existing infiltration basin and enable full surface development to resume public park and open space use. Together, the purchased land and proposed relinquished facility would comprise the acreage desirable for the development of the City-owned passive park.

In January 2022, staff submitted an appropriations project request form to the office of Congresswoman Grace F. Napolitano requesting an appropriation in the amount of $2,222,000 for the development of Roadside Park. The Roadside Park Project proposes to develop a passive park located adjacent to Interstate-10 Freeway and the Kaiser Permanente Medical Center at the southeast corner of Leorita Street and Dalewood Street in the City of Baldwin Park. The 0.80 -acre park project will utilize water conservation and sustainability techniques and include features such as stormwater capture bioswales and parkway detention basins that collects rainwater into an underground water infiltration system to recharge this region’s groundwater table. Other features include drought tolerant native trees and shrubs, permeable walkways and paved bikeways, recycled picnic tables and benches, and solar - powered security lighting; all to provide the surrounding residents with a passive open space park to be enjoyed by all users while providing a sustainable approach for water conservation. The park is part of the City’s ongoing initiative to provide ‘parks for all’ to increase park spaces which would improve the health and welfare of the neighboring residents and its adjacent communities. This project provides opportunities to expand benefits to the community in a way that directly relates to the environmental burdens of the neighborhood which may include natural habitat, urban greening, improved air quality, enhanced community health and educational opportunities. The project aims to resolve both the lack of park space and reduction of flooding in this disadvantaged community by creating a dual -purpose park.

On July 28, 2022, the City of Baldwin Park received a Letter of Invitation (award letter) from the Federal Government – United States Department of Housing and Urban Development (HUD) for the Roadside Park project. The grant was awarded as part of the Consolidated Appropriations Act, 2022 in the amount of $2,222,000 and a federal project number was assigned. Staff has submitted all requested information as stipulated on the LOI to HUD. The submittal has been accepted by HUD and the City has received the Grant Agreement for review and acceptance. Prior to executing the Grant Agreement, the City must be in full possession of the parcel to be relinquished by Caltrans. Once executed, staff will be able to begin design development.

DISCUSSION
Caltrans would like to complete the relinquishment of Garvey and Dalewood Avenues (Segments 1 to 5) as shown in the enclosed relinquishment map (Relinquishment No. 1267) and Right of Way Maps F-1860C-3C and F-1860C-4C including state parcel no. 000431-01-01. This relinquishment is subject to the approval of the California Transportation Commission (CTC). Caltrans provided a draft relinquishment agreement, attached hereon, that outlines the terms, specifically the highlighted

acceptances and waivers. Some key items to note, as stipulated on the relinquishment agreement, is that the City will agree to waive the Caltrans’ obligation to provide an “intention to relinquish” as set forth in Streets and Highways Code Section 73. Additionally, the City agrees to accept ownership including all interests and obligations pertaining to the property to be relinquished along with accepting its existing environmental condition. Caltrans agrees to relinquish the property upon approval of the CTC, will submit the CTC resolution of relinquishment to the County Recorder’s Office for recordation and transfer to the City all available copies of Caltrans’ records pertaining to the property within sixty (60) days of execution of the agreement.

In March 2023, HUD issued an update pertaining to the FY2022 Community Project Funding Award (CPF) which provided several significant changes brought forth through the recently enacted Consolidate Appropriations Act, 2023 (FY2023 Act). Some of the major changes brought forth by the FY2023 Act include modifications to the grant award processes and award documents which in turn would give the City (grantee) greater discretion over the use of their grant funds. The increased flexibility is vital to the effective administration of these awards.

The City also received the Grant Agreement with HUD which outlines the details pertaining to the award including the grant amount of $2,222,000, the award- specific requirements, general Federal requirements along with reporting and project closeout details to be signed and accepted by the Mayor at City Council’s discretion. The Grant Agreement with HUD will be brought back to the City Coucil for consideration at a future meeting.

ALTERNATIVES
The City Council may choose not to approve the Relinquishment Agreement and Resolution. This action is not recommended as the City will forgo the opportunity to own land previously used as park land open space. The proposed relinquished properties include a state -owned collateral facility that is key to the development of Roadside Park.

CEQA REVIEW
The California Department of Transportation (Caltrans) Office of Environmental Engineering (OEE), Hazardous Waste South Branch conducted a hazardous waste assessment for an excess Caltrans Parcel DD 980592- 01-01. The results of the environmental records review did not indicate any documented sources of contamination nor Recognized Environmental Conditions (REC) adversely affecting the parcel, including no indication of hazardous materials use or storage, leaking underground storage tank (LUST) sites/cases, spills, leaks, and/or site investigations & site cleanup cases at the Parcel or within a 1,000- foot radius form the Parcel. 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 change 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, the action contemplated by this report involves only the transfer of property rights, therefore the proposed action is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3). Any future project contemplated on the parcel will be reviewed for CEQA compliance at that time.

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

ATTACHMENTS

1. Resolution No. 2023-013

2. Caltrans Relinquishment Letter

3. Relinquishment Agreement with Caltrans

4. Environmental Assessment

5. Relinquishment Maps

1 8
6 RESOLUTION NO. 2022-013

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

CALIFORNIA, APPROVING THE RELINQUISHMENT OF EXCESS PROPERTY KNOWN AS ROADSIDE PARK ADJACENT TO INTERSTATE 10 (I-10) FREEWAY

WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF BALDWIN PARK WHEREAS, the State of California, acting through its Department of Transportation (Caltrans) and the City have negotiated a transfer of the ownership of that portion of former Excess property adjacent to Interstate 10 (I-10) Freeway, as depicted on Relinquishment Map REL-1267("RELINQUISHED FACILITY"), that had been supersede by the relocation of new I-10 alignment, located within the territorial boundaries of the City of Baldwin Park, pursuant to the authority contained in California Streets and Highways Code, Section 73; and WHEREAS, the City will waive the State's obligation to provide ninety (90) days prior notice of State's "Intention to Relinquish" as set forth in section 73 of the Streets and Highways Code; and
WHEREAS, After the effective date of relinquishment by the State, the City will assume ownership of the RELINQUISHED FACILITY, at no cost to the State, in its as-is condition, including all of State's current obligations, rights, title and interest in RELINQUISHED FACILITY, including but not limited to maintenance, control, liability and obligation; and
WHEREAS, The City agrees that RELINQUISHED FACILITIES are currently in a state of good repair; and
WHEREAS, City is to accept the RELINQUISHED FACILITY in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in the 07-LA-10-PM 31.8 Excess Land Hazardous Waste Assessment Parcel DD 980592- 01-01 dated August 21, 2020.

NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

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

SECTION 2. The City Council hereby approves the resolution to accept the ownership of the RELINQUISHED FACILITY to the City, subject to California Transportation Commission’s approval of the Relinquishment Resolution.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution 1 8
6 Resolution No. 2023-013
Roadside Park Relinquishment

PASSED, APPROVED, AND ADOPTED this 5 day of April 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 do hereby certify that the foregoing Resolution No. 2023-013 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 5, 2023, and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
____________________________
Christopher Saenz

CITY CLERK

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”

STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom, Governor

DEPARTMENT OF TRANSPORTATION
DISTRICT 7
100 S. MAIN STREET, SUITE 100
LOS ANGELES, CA 90012
PHONE (213) 897-0362
FAX (213) 897-0360
TTY 711
www.dot.ca.gov

Making Conservation
a California Way of Life.

November 17, 2020

Mr. Sam Gutierrez
Public Works Director
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706

Dear Mr. Gutierrez:

The Department of Transportation (Caltrans) would like to complete the relinquishment of Garvey and Dalewood Avenues (Segments 1 to 5) as shown in the enclosed relinquishment map (Relinquishment No. 1267) and Right of Way Maps F -1860C-3C and F -1860C-4C. Included in the relinquishment is the state parcel 000431-01-01 that includes an existing infiltration basin. The basin is collateral facility serving only Dalewood Street.

This relinquishment is subject to the approval of the California Transportation Commission. We are providing the draft relinquishment agreement that outlines the terms, specifically the highlighted acceptances and waiver.

In order to complete the relinquishment, an executed Relinquishment Agreement (see attached), and City Council Resolution will be needed. Attached for your use is the language that must be incorporated into the City Council Resolution for it to satisfy the California Transportation Commission requirements.

Should you have any questions or concerns, please do not hesitate to contact Refugio Dominguez of my staff. He can be reached at (213) 269-1762.

Sincerely,

Khan Hossain, Chief
Office of Design C

Enclosures

Relinquishment Agreement
Relinquishment Map

07-LA-10-PM 31.2/32.2 EA 0R004 Project ID 07-------- Agreement 07----- 1 STATE HIGHWAY RELINQUISHMENT (FRONTAGE ROAD AND COLLATERAL FACILITIES) AGREEMENT This AGREEMENT, effective on _____(date)_____, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of Baldwin Park, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. RECITALS 1. CALTRANS and CITY, pursuant to California Streets and Highways Code Section 73, are authorized to enter into a cooperative agreement in order to relinquish to CITY a portion of a State Highway frontage roads and collateral facilities within CITY’s jurisdiction. 2. CALTRANS intends to relinquish to CITY frontage road segments labeled as Segment 1 to Segment 5 consisting of Garvey Avenue North and Dalewood Avenue as shown in Exhibit A, which is attached to and made a part of this agreement, referred to hereinafter as RELINQUISHED FACILITIES. This relinquishment is based on the fact that the streets were taken by the State and relocated. CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS’s recording of said Resolution with the County Recorder’s Office. 3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair. 4. CALTRANS and CITY, collectively referred to as PARTIES, herein intend to define the terms and conditions under which relinquishment of the RELINQUISHED FACILITIES is to be accomplished. SECTION I CITY AGREES: 1. Execution of this AGREEMENT constitutes CITY’s waiver of CALTRANS’s obligation to provide ninety (90) days prior notice of CALTRANS’s "Intention to Relinquish" as set forth in Streets and Highways Code Section 73. 07-LA-10-PM 31.2/32.2 EA 0R004 Project ID 07-------- Agreement 07----- 2 2. To accept ownership, including all of CALTRANS’s current obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS. 3. To accept the RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, the presence of hazardous materials as described in the Hazardous Waste Initial Site Assessment (ISA), dated August 21, 2020. CITY has received and reviewed a copy of the above-referenced Hazardous Waste Initial Site Assessment (ISA). Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials. SECTION II CALTRANS AGREES: 1. To relinquish, upon the approval of the CTC’s Resolution of Relinquishment, the RELINQUISHED FACILITIES. 2. To submit the CTC Resolution of Relinquishment to the County Recorder’s Office for recording. 3. Upon CITY’s specific request, to transfer to CITY within sixty (60) days of such request, copies of available CALTRANS records and files for the RELINQUISHED FACILITIES, such as plans, survey data and right-of-way information. SECTION III IT IS MUTUALLY AGREED: 1. All portions of this AGREEMENT, including the Recitals Section, are enforceable. 2. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, State Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof by the CTC. 3. CALTRANS reserves the right to enter, at no cost to CALTRANS, the RELINQUISHED FACILITIES, to modify or add signage, drainage, and other improvements necessary for State Highway operations. CITY agrees to allow CALTRANS access to operate, 07-LA-10-PM 31.2/32.2 EA 0R004 Project ID 07-------- Agreement 07----- 3 maintain, add, remove, or modify CALTRANS’ facilities retained in those RELINQUISHED FACILITIES. 4. CITY shall fully defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the Hazardous Waste Initial Site Assessment (ISA),, dated August 21, 2020, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the CTC’s Resolution of Relinquishment. 5. CALTRANS shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the Hazardous Waste Initial Site Assessment (ISA), dated August 21, 2020, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation of the CTC’s Resolution of Relinquishment. 6. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY], to the extent permitted by law, will defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 7. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 8. No alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto. 07-LA-10-PM 31.2/32.2 EA 0R004 Project ID 07-------- Agreement 07----- 4 9. This AGREEMENT shall terminate upon recordation of the CTC’s Resolution of Relinquishment for the RELINQUISHED FACILITIES in the County Recorder’s Office except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT. CITY OF BALDWIN PARK Sam Gutierrez Director of Public Works 14403 E. Pacific Avenue Baldwin Park, CA 91706 Phone Number: (626) 813-5251 E-mail: sgutierrez@baldwinpark CALTRANS Project Manager: ____________________________ Title: _____________________________________ Mailing Address: ____________________________ Phone Number: _____________________________ E-mail: ____________________________________ 07-LA-10-PM 31.2/32.2 EA 0R004 Project ID 07-------- Agreement 07----- 5 SIGNATURES PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a separate counterpart, each of which when so executed and delivered shall constitute an original and all of which taken together shall constitute one and the same instrument. The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: District Director VERIFIED OF FUNDS & AUTHORITY: By: District Budget Manager APPROVED AS TO FORM & PROCEDURE: By: Attorney Department of Transportation CERTIFIED AS TO FINANCIAL TERMS & POLICIES: By: ______________________________ HQ Accounting Supervisor CITY OF BALDWIN PARK By: Chief Executive Officer Attest: Chief Deputy City Clerk APPROVED AS TO FORM & PROCEDURE: By: City Attorney State of California California State Transportation Agency

DEPARTMENT OF TRANSPORTATION
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”
M e m o r a n d u m Making Conservation
a California Way of Life.

As requested, the California Department of Transportation (Caltrans) Office of Environmental Engineering (OEE), Hazardous Waste South Branch has conducted a hazardous waste assessment for an excess Caltrans Parcel DD 980592-01-01 (referred to herein as “the Parcel”), located south of Interstate 10 (I-10), P.M. 31.8 and east of the intersection at Dalewood Street and Leorita Street in the City of Baldwin Park, California. Caltrans is currently planning to transfer the Parcel together with Dalewood Street to the City of Baldwin Park as part of the relinquishment process.

Dalewood Street was relocated by Caltrans during the Freeway Widening Project.

The purpose of this hazardous waste assessment was to identify known or potential sources of contamination or Recognized Environmental Conditions (RECs) that may adversely affect the Parcel. Pursuant to American Society for Testing and Materials (ASTM) 1527-13, REC means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.

This hazardous waste assessment was prepared based on a review of online historical and current aerial photographs and information available on the Los Angeles Regional Water Quality Control Board’s GeoTracker and the California Department of Toxic Substances Control EnviroStor environmental databases.

To: Refugio Dominguez
Senior Transportation Engineer
Office of Design – C
Date:

Attn: Aaron Foong
Project Engineer
File:

PN:

EA:

August 31, 2020
07-LA-10-PM 31.8
Excess Land
Hazardous Waste
Assessment
Parcel DD 980592-
01-01
Baldwin Park, CA
1846-0718000131
07-333-0R004
From: CALIFORNIA DEPARTMENT OF TRANSPORTATION

OEE-HAZARDOUS WASTE BRANCH, SOUTH REGION

DIVISION OF ENVIRONMENTAL PLANNING
Subject: EXCESS LAND HAZARDOUS WASTE ASSESSMENT, PARCEL DD 980592-01-01, SOUTH OF DALEWOOD STREET AND INTERSTATE 10, P.M. 31.8, CITY OF

BALDWIN PARK, LOS ANGELES COUNTY, CALIFORNIA
EA: 0R004 (PN 0718000131)
Hazardous Waste Assessment
Caltrans Excess Parcel DD 980592-01-01
August 31, 2020

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”

Current and Historical Land Uses
Currently, the Parcel consists of a 34,889 square-foot sparsely vegetated land with an infiltration basin occupying the majority of the Parcel. The overflow spillway trench is located in the northeastern corner of the Parcel. Prior to the Freeway Widening Project, the Parcel was used as a park owned by the City of Baldwin Park until 2012. Refer to the attached Drainage Plans and to the Right of Way Appraisal Map No. F-1860C-4C for the Parcel features, number/area/acquisition types, and Grantor/Grantee information.

Environmental Records Review
The results of the environmental records review did not indicate any documented RECs and/or Historic RECs, hazardous materials use or storage, leaking underground storage tank (LUST) sites/cases, spills, leaks, and/or site investigations & site cleanup cases at the Parcel or within a 1,000-foot radius form the Parcel.

Based on the above research information and to the best of our knowledge, the Excess Parcel can be disposed on “as-is” condition with a full disclosure of all the information contained in this assessment. Please note, it is recommended that the perspective purchaser of the Excess Parcel make his/her own determination regarding the environmental conditions present in, on, or at the Excess Parcel, independent of the research and information disclosed in this assessment.

If you have any questions, I can be reached at [email protected], (213) 266-6982, or contact Maria Szweminska of my staff at [email protected], (213) 266-6975.

Andrew Yoon, P.E., STE
District Hazardous Waste Branch (South Region)
Office of Environmental Engineering (OEE)

Attachments:

Right of Way Appraisal Map No. F-1860C-4C
Drainage Plans

Cc:

File
D07EnvPlngDocs
Khan Hossain – Division of Design
Karl Price/Eric Dietrich – Division of Environmental Planning Gloria Taylor – Division of Environmental Planning

Andrew Yoon, P.E.
/ 0R004

O
D
COUNTYROUTEPOST MILESNO.

TOTAL SHEET STATEFEDERAL PROJECT NO.
07 SHEETS

PROFESSIONAL LAND SURVEYOR
DIST
CALIF

APPROVAL DATE
1 DISTRICT RIGHT OF WAY ENGINEER
No.

Exp.

C
L
PR
3 LA
6293
09-30-20

TAT

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L

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A
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STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

DR'N BYST

C'LC BYST

C'K'D BY

REVISED
R
/
W

M
A
P

N
O
.

CONTRACT NO.

REL-1267
10 IN THE CITY OF BALDWIN PARK, ALONG ROUTE 10 FREEWAY

DEPARTMENT OF TRANSPORTATION

PROPOSED RELINQUISHMENT
FEET
0 AREA TO BE RELINQUISHED

ACCESS PROHIBITED

CALIFORNIA STATE TRANSPORTATION AGENCY
50100150200
FROM ROUTE 605 FREEWAY TO BALDWIN PARK BOULEVARD
N45^13'30"W
N44^46'30"E
S45^13'22"E

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9 7
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S09°52'42"E

90.73'
N13°32'59"W
27'

14.93'
27'

14.93'

21.83'
4 6
' N45^13'30"W
N45^13'30"W

59.64'
106.35'
106.35'
18'
28'
N39°37'27"

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52.03'

41.93'

41.93'

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°
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E

38.00'
8'
WESTCOTT AVE.

G
A
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AVE.

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O
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VIA VAN CLEAVE
23'
10'
S
8 0
°
0 7
'
1 8
"
W
3 0
'
3 0
'
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8 5
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.

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.

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.

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.

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.

N
8 2
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5 5
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.

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T
R
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0 0
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L

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6 3
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4 5
°
1 0
=

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0 0
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R
N
8 0
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=

TRACT NO. 10953TRACT NO. 10953
M.B. 193-44/45M.B. 193-44/45
BLK. BBLK. A
1 2 3 4
6 7
1211109876
ATHOL ST.

31.4/32.3
5 TRACT NO. 22790
M.B. 656-4
1 2 3 4
TRACT NO. 53452
29 30 31 321
2 28 33
M.B. 1273-75/77P 1-43/44
P 1-43/44
A
A N44°46'30"E 42.04'
SEGMENT 1
SEGMENT 2

5 DIVIDE GRID DISTANCE BY COMBINATION FACTOR 0.9999723
ALL DISTANCES ARE GRID. TO OBTAIN GROUND DISTANCES
ZONE 5, NORTH AMERICAN DATUM (NAD) OF 1983

BASED UPON THE CALIFORNIA COORDINATE SYSTEM,

BEARINGS AND DISTANCES SHOWN HEREON ARE
F
19 6
9 , F
18 6
0 PREVIOUS ACCESS PROHIBITED
No ScaleD
E
T
A
IL

SEE DETAIL

FILED FOR RECORD IN
STATE HIGHWAY MAP BOOK NO.

DATE:AT PAGE
RECORDERS INDEX NO.

RECORDS OFCOUNTY
NOTE: States rights are not extinguished or
transfer of title is not effected until
recordation of related CTC resolution.
(In compliance with Sections 128 & 129
of the STREETS & HIGHWAYS Code)
ST

GARVEY AVE

WESTCOTT AVE

BESS AVE

FRAZIER ST

FAIRGROVE AVE

GARVEY AVE
WACO
ST

DALEWOOD ST

BALDWIN PARK BLVD
D
O
O
W
E
L
A
D
TS

EVA ENIAM

ATIROEL
TS

EVA SSEB

TS ATIROEL

EVA SSEB

TS HTIDUJ

TS REIZARF

AMAR RD

TS LOHTA
T
S

D
O
O
W
E
L
A
D

TS DOOW
E
L
A
D

EVA ENILON
CLEAVE

VIA VAN
P
I
N
H
I
E
R
O

P
L
S
N
E
L
AV
T
S

DOOWELAD
TS
SEGMENT 2

NOT TO SCALE

AREA TO BE RELINQUISHED
SAN BERNARDINO FWY.RTE. 10SAN BERNARDINO FWY.RTE. 10
RTE. 605
SAN GABRIEL RIVER FWY.

SEGMENT 1
SEGMENT 3 SEGMENT 4
SEGMENT 5
O
.

R
.
:
2 0
1 1
0 7
3 6
2 6
6 N
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L
Y

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R
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:
2 0
1 0
0 0
7 5
4 8
5 N
'
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L
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O
F
O.R.:201002000265

N'LY LINE OF
S
6 6
°
5 1
'
0 6
"
E

30.00'
S66°51'06"E

30.00'68.85'
JOSEPH N. WAITE 84.47'
N9^52'42"W

84.47'
N9^52'42"W

3 8
.0
0 '
N
8 0
^
0 7
'1
8 "E

O
D
COUNTYROUTEPOST MILESNO.

TOTAL SHEET STATEFEDERAL PROJECT NO.
07 SHEETS

PROFESSIONAL LAND SURVEYOR
DIST
CALIF

APPROVAL DATE
2 DISTRICT RIGHT OF WAY ENGINEER
No.

Exp.

C
L
PR
3 LA
6293
09-30-20

TAT

O
F

FORN
O E
SI
N
L

L

UREYOR

S
A
A
A
V
E
A
F S

N
S

32.7 DR'N BYST

C'LC BYST

C'K'D BY

REVISED
R
/
W

M
A
P

N
O
.

CONTRACT NO.

REL-1267
10 DEPARTMENT OF TRANSPORTATION

PROPOSED RELINQUISHMENT
FEET
0 AREA TO BE RELINQUISHED

CALIFORNIA STATE TRANSPORTATION AGENCY
50100150200
S
8 0
°
0 7
'
1 8
"
W

A
L
L
E
Y
N13°32'59"W
9 3
.
9 1
'
L
=
5 8
.
9 7
'

=
1 2
2 °
5 3
'
4 7
"
R
=
2 7
.
4 9
'

94.54'
111.69'
129.31'
154.28'
178.20'
S9°52'42"E 288.61'
284.22'
S9°52'42"E 344.22'

60.00'
9 1
.
3 7
'
1 0
8 .
1 5
'
1 0
0 .
0 0
'
30'
30'
'
4 3
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6 3
2 =
L

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°
8 0
=

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0 4
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=
R
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0 5
.
8 3
2 =
L

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5 1
°
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=

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5 5
6 1
=
R
2 0
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7 1
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4 9
=
L
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6 3
=
L
G
A
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V
E
Y

A
V
E
.

BESS AVE.

FRAZIER ST.

TRACT NO. 61346
M.B. 1318-68/70
PI 43-44

RANCHO LA PUENTE
28'
1 2
3 4
5 6
8 9
10 11
7 L
O
T

B
L
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T

D
LOT A
S85°00'04"W

37.73'
'
7 1
.
4 3
1 =
L

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7 1
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5 5
6 =
R
N
8 3
°
1 5
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W
8 3
.
6 4
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5 1
°
2 2
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5 1
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W
1 3
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4 2
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3 3
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0 9
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W
8 .
7 9
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N
1 7
°
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1 1
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E
3 4
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'
N51°22'50"W

85.11'
N
8 0
°
0 7
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1 0
"
E
143.84'
'
2 9
.
0 5
1 =
R
'
5 6
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9 0
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L
131.46'
N38°41'09"E

83.96'
30'
30'
N
8 0
°
0 7
'
1 8
"
E
N09°50'52"
Rad.
'
4 3
.
5 0
5 =
L

"
7 1
'
4 5
°
0 0
=

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0 0
.
0 0
0 2
3 =
R
N
8 1
°
0 1
'
3 6
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E
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2 2
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4 1
4 =
L

"
9 3
'
4 4°
0 =

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7 4
.
4 9
8 1
3 =
R
132.53'

94.54'
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0 2
.
8 8
4 =
L

"
6 3
'
2 5
°
0 =

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6 4
.
5 0
9 1
3 =
R

94.54'
3 0
0 .
7 3
'

N
7 1
°
5 2
'
0 0
"
E
4 0
5 .
1 4

N
7 1
°
5 2
'
0 0
"
E
S9°52'42"E 298.70'
20'

26.73'

28.47'
20'

L=13.84' =8°31'38"R=93.00'
L=7.73 =02°09'31"R=205.00'
1 3
8 .
4 8
'
S
8 7
°
4 2
'
1 3
"
E
L=72.86' =06°23'26"R=653.21'
132.77'
122.54'
N
8 5
°
5 4
'
2 1
"
E

2 5
8 .
3 6
'
L=140.97' =4°52'45"R=1655.34'
100.54'

94.54'
718.72'
N
8 1
°
0 1
'
3 6
W
"
L=49.03' =101°36'16"R=27.64'
L=128.12' =31°10'34"R=235.47'
N
8 5
°
5 4
'
2 1
"
E

2 7
9 .
1 0
'
'
0 4
.
7 3
1 =
L
'
2 4
.
3 1
6 1
=
R
"
5 4
'
2 5
°
4 =

192.05'
N
8 1
°
0 1
'
3 6
"
W
N
8 5
°
5 4
'
2 1
"
E

2 7
9 .
1 0
'
TRACT NO. 13211
M.B. 270-14
N38°41'09"E
20'
40'
40'

'
7 4
.
2 6
2 =
R
G
A
R
V
E
Y

A
V
E
.
8 101112131415161718

14.93' 27.00'
M.B. 164-78
PARCEL MAP NO. 1004
TRACT NO. 10953
M.B. 193-44/45
BLK. A
1 2
3 4
TORCH ST.

FRAZIER
ST.

D
A
L
E
W
O
O
D

S
T
.

JUDITH ST.

BESS AVE.

LEORITA ST.
9 TRACT NO. 13211
M.B. 300-24
1 2
3 4
5 6
58 57
56 55
54 53
38 37
36 TRACT NO. 13211
M.B. 270-14
TRACT NO. 14056
M.B. 270-14
'
2 4
.
0 4
6 1
=
R
39 28
L=3.03'

16.97'20.00'
L=10.05'
=38°22'10"
R=15.00'
G
1 2
Rad.

N
8 °
5 8
'
4 4
'
W

R=31905.46' =0°52'16" L=485.18'
S51°21'33"E
30'
30'

59.47'
N39°38'27"W

60.00'
1746.27'

FILED FOR RECORD IN
STATE HIGHWAY MAP BOOK NO.

DATE:AT PAGE
RECORDERS INDEX NO.

RECORDS OFCOUNTY
NOTE: States rights are not extinguished or
transfer of title is not effected until
recordation of related CTC resolution.
(In compliance with Sections 128 & 129
of the STREETS & HIGHWAYS Code)
N38°41'09"E
116.26'
4 1
.
9 3
'
S
1 8
°
0 8
'
0 0
"
E
D
E
N8°58'24"W
N38°38'00"E
F

10.61'
S
3 0
°
3 5
'
5 1
"
E
L=49.16' =22°10'46'R=127.00'

75.00'
C
B
A

57.59'

25.56'
N38°41'09"E
A S83°39'08"W 28.30'
B S51°18'51"E 60.00'
C S38°41'09"W 59.88'
D N08°58'44'W 61.15'
E N08°58'24"W 53.32'
F S81°01'36"W 30.00'
S51°22'51"E
30'
30'
N38°41'09"E
SEGMENT 2
SEGMENT 3
SEGMENT 5
SEGMENT 4
5 S51°21'27"E
27'

14.93'

ACCESS PROHIBITED

PREVIOUS ACCESS PROHIBITED
F1860
DIVIDE GRID DISTANCE BY COMBINATION FACTOR 0.9999723
ALL DISTANCES ARE GRID. TO OBTAIN GROUND DISTANCES
ZONE 5, NORTH AMERICAN DATUM (NAD) OF 1983

BASED UPON THE CALIFORNIA COORDINATE SYSTEM,

BEARINGS AND DISTANCES SHOWN HEREON ARE
O.R.:20110023670
N'LY LINE OF:

O
.

R
.
:
2 0
1 0
0 0
0 7
5 4
8 6
N
'
L
Y

L
I
N
E

O
F
O.R.:20130608675S'LY LINE OF
F
O
O
T
I
N
G

E
A
S
E
.
4 .
0 0
'
R
T
E
.
10 FWY.

JOSEPH N. WAITE
G N08°58'24'W 18.92'
N
8 1
°
0 1
'
3 6
"
E

1 7
8 3
.
2 4
'
S
7 9
°
2 6
'
0 5
"
W

1 9
3 .
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COUNTYROUTEPOST MILESNO.

TOTAL SHEET STATEFEDERAL PROJECT NO.
07 SHEETS

PROFESSIONAL LAND SURVEYOR
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Exp.

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CONTRACT NO.

REL-1267
10 DEPARTMENT OF TRANSPORTATION

PROPOSED RELINQUISHMENT
FEET
0 AREA TO BE RELINQUISHED

CALIFORNIA STATE TRANSPORTATION AGENCY
50100150200

27.753
TRACT NO. 13211
M.B. 270-14
19 18
20 21
TRACT NO. 718
M.B. 17-17
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FILED FOR RECORD IN
STATE HIGHWAY MAP BOOK NO.

DATE:AT PAGE
RECORDERS INDEX NO.

RECORDS OFCOUNTY
NOTE: States rights are not extinguished or
transfer of title is not effected until
recordation of related CTC resolution.
(In compliance with Sections 128 & 129
of the STREETS & HIGHWAYS Code)
SEGMENT 3
SEGMENT 5
F1860

31.4/32.3

ACCESS PROHIBITED

PREVIOUS ACCESS PROHIBITED
DIVIDE GRID DISTANCE BY COMBINATION FACTOR 0.9999723
ALL DISTANCES ARE GRID. TO OBTAIN GROUND DISTANCES
ZONE 5, NORTH AMERICAN DATUM (NAD) OF 1983

BASED UPON THE CALIFORNIA COORDINATE SYSTEM,

BEARINGS AND DISTANCES SHOWN HEREON ARE
TRACT NO. 718M.B. 17-17
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STAFF REPORT
ITEM NO. _____7_____

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: April 5, 2023
SUBJECT: Approve Renewal of a Memorandum of Agreement (MOA) with the County of Los Angeles Regarding the Administration and Cost Sharing for Implementing the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed

SUMMARY
This item will authorize the Chief Executive Officer to execute a Memorandum of Agreement (MOA) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Enhanced Watershed Management Program (EWMP). The current MOA is set to expire in June 2023.

RECOMMENDATION
It is recommended that the City Council Authorize the Chief Executive Officer to execute a Memorandum of Agreement (MOA) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Enhanced Watershed Management Program (EWMP).

FISCAL IMPACT
There is no impact to the General Fund. The City's share of the cost inclusive of contingency is anticipated to cost the City approximately $202,393 for required services and an additional $101,290 should the City procure optional services. The total cost of services is estimated to be $303,683 and would be paid over a four-year period based on a formula that accounts for the percentage of the City's jurisdictional land area within the watershed. The projected yearly cost breakdown is shown in the matrix below.

Fiscal Year Proposed Services Proposed Optional Services Proposed Total Costs FY 23-24 $44,884 $27,952 $72,836
FY 24-25 $46,334 $21,904 $68,238
FY 25-26 $48,158 $21,713 $69,871
FY 26-27 $44,617 $20,513 $65,130
Contingency (10%) $18,399 $9,208 $27,607
Total $202,393 $101,290 $303,683

The funds to cover the costs associated with th e renewal of the MOA will be included in the operation budget for FY 23-24 under Acct No. 249-50-510-51100-15400. This is an existing account number currently being used for the current iteration of the MOA, which is set to expire in June 2023. Moving forward, staff will continue to budget the remaining years in the appropriate Fiscal Year's operations budget.

BACKGROUND
On November 8, 2012, the Regional Board adopted the National Pollution Discharge Elimination System (NPDES) Permit through Order No R4-2012-0175 also known as the LA County MS4 Permit.

The Permit contains strict compliance requirements for cities and counties to ensure that minimum water quality standards for stormwater runoff are being met.

On July 15, 2015, the City Council authorized the Chief Executive Officer to execute the Memorandum of Agreement (MOA) between the Los Angeles County Department of Public Works (County), Los Angeles County Flood Control District (LACFCD), and Cities of Baldwin Park, Covina, Glendora, Industry, La Puente, and South El Monte (Member Agencies) regarding the administration and cost sharing for implementing the Coordinated Integrated Monitoring Program (GIMP) for the Upper San Gabriel River (USGR) Watershed.

On September 20, 2017, the First Amendment to the MOA to incorporate the participation of the City of West Covina, apply minor corrections to the cost -sharing formula, and incorporate cost sharing contributions from the cities of El Monte, Irwindale, La Habra Heights, and Walnut (Individual Cities).

On September 4, 2019, the City Council approved an MOA with the County of Los Angeles for the for the Implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Enhanced Watershed Management Program which is set to expire in June 2023.

DISCUSSION
As a method of complying with the new permit requirements, several cities in the Upper San Gabriel River Watershed Area, as well as Los Angeles County came together to jointly prepare the necessary plans to comply with the Permit. With Los Angeles County as the lead agency, the Upper San Gabriel River Enhanced Watershed Management Program Group ("Watershed Group") was formed. Member cities of the group, in addition to Baldwin Park, include La Puente, Covina, Glendora, Industry and West Covina. The Los Angeles County Flood Control District (LACFCD) is also a member of the group. The group was formed to share resources and costs in the development of an EWMP and CIMP to comply with the Permit.

This MOA will continue developing the EWMP which identifies the City's plan to prohibit non- storm water discharges that flow through the storm drain system as required by the Regional Water Quality Control Board, Los Angeles Region.

The proposed required services include the following:
• Monitoring of the receiving water and stormwater outfall. • Monitoring and screening of the non-stormwater.
• Evaluation and revision of the Coordinated Integrated Monitoring Program (CIMP). • Reporting, meeting and project management of the program. • Monitoring for wet weather events.

The proposed optional services include the following:
• A Total Maximum Daily Load (TMDL) receiving water and stormwater monitoring including additional monitoring requirements based on aquatic toxicity results, installing new or moving monitoring sites, and as-needed maintenance of the monitoring equipment. • A new monitoring and screening of the non-stormwater if required by the new MS4 Permit.

• Evaluation and revision of the Coordinated Integrated Monitoring Program (CIMP). • Prepare annual reports based on outfall monitoring results. • Project administration.

City Staff and consultant have reviewed the MOA and recommend that the City Council approve it to ensure a smooth transition of services upon expiration of the current MOA.

ALTERNATIVES
Council may choose to not to participate in the CIMP. However, in order to avoid fines of up to $25,000 per day, the City would have to develop and implement and an approved water quality monitoring program on its own. The costs of this solo effort would exceed the cost of participation in the CIMP.

CEQA REVIEW
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 change 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.

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

ATTACHMENTS

1. MOA for the administration and cost sharing for implementing the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed.

USGR CIMP MOU (2023) Page 1 of 29
MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND THE CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, SOUTH EL MONTE, AND WEST COVINA REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTINGTHE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED This Memorandum of Agreement (“MOA”) is made and entered as of the date of the last signature set forth below by and among the COUNTY OF LOS ANGELES (“COUNTY”), a political subdivision of the State of California, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (“LACFCD”), a body corporate and politic, and the CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, SOUTH EL MONTE, and WEST COVINA (“CITIES”), municipal corporations. Collectively, these entities shall be known herein as PARTIES or individually as PARTY. WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (REGIONAL BOARD) adopted National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit (2012 MS4 Permit) Order No. R4-2012-0175; and WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and requires that the COUNTY, the LACFCD, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the Los Angeles County comply with the prescribed elements of the MS4 Permit; and WHEREAS, the REGIONAL BOARD adopted a new NPDES Municipal Separate Storm Sewer System Permit (2021 MS4 Permit) Order No. R4-2021-0105 , which became effective on September 11, 2021, and continues to impose compliance requirements; and WHEREAS, the 2021 MS4 Permit identified the PARTIES as MS4 permittees that are responsible for compliance with theMS4 Permit requirements pertaining to the San Gabriel River Watershed Management Area; and WHEREAS, the COUNTY, the LACFCD, and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente, and South El Monte collectively known as the ORIGINAL AGENCIES, entered into a memorandum of understanding on October 24, 2013 to collaborate in the development of a Coordinated Integrated Monitoring Program ("CIMP DEVELOPMENT MOU"); and WHEREAS, the Coordinated Integrated Monitoring Program (CIMP) was submitted to REGIONAL BOARD on June 30, 2014 and was conditionally approved on June 19, 2015; and

USGR CIMP MOU (2023) Page 2 of 29
WHEREAS, the ORIGINAL AGENCIES executed a memorandum of understanding on August 11, 2015 to cooperatively administer and share the estimated costs of implementing the CIMP ("COST-SHARING MOU NO. 1"); and WHEREAS, the Final CIMP was approved by the REGIONAL BOARD on November 13, 2015; and WHEREAS, the ORIGINAL AGENCIES executed an amendment to the COST-SHARING MOU NO. 1 on September 28, 2017, to acknowledge and incorporate the City of West Covina’s participation in the CIMP and include it as a party; and WHEREAS, COST-SHARING MOU NO. 1 expired on December 31, 2019. WHEREAS, the PARTIES propose to continue to cooperatively administer and share the estimated costs of implementing the CIMP; and WHEREAS, the PARTIES executed a memorandum of agreement on November 13, 2019, regarding the administration and cost sharing for implementing the CIMP for the Upper San Gabriel River Watershed ("COST-SHARING MOU NO. 2"); and WHEREAS, COST-SHARING MOU NO. 2 will expire on December 31, 2023 WHEREAS, the PARTIES propose to hire consultants (“CONSULTANTS”) as set forth in Section 7(a), below, to implement certain requirements of the CIMP and 2021 MS4 Permit, which for purposes of this MOA may also include the preparation of reports required by the CIMP and 2021 MS4 Permit and any necessary revisions to the CIMP in compliance with the 2021 MS4 Permit; and WHEREAS, the PARTIES have determined that hiring CONSULTANTS to implement certain requirements of the CIMP and 2021 MS4 Permit will be beneficial to the PARTIES and have collaboratively prepared the scope of work ("Scope of Work") for the CONSULTANTS which is attached hereto as Exhibit C and incorporated into this MOA by reference; and WHEREAS, the COUNTY intends to enter into separate memoranda of agreements with the cities of El Monte, Irwindale, La Habra Heights, and Walnut (collectively, "INDIVIDUAL CITIES") to share the costs of monitoring receiving waters as described in the CIMP; and WHEREAS, the cost-share formula for the INDIVIDUAL CITIES is the greater of the percentage of land area in the Upper San Gabriel River Watershed multiplied by the cost of receiving water monitoring plus report preparation, or $8,000.00 per annum for FY 23-24 through FY 26-27, inclusive; and

USGR CIMP MOU (2023) Page 3 of 29
WHEREAS, this MOA shall incorporate the annual contributions from the INDIVIDUAL CITIES and use these funds to offset the annual contributions from the PARTIES; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOA. Section 2. Purpose. The purpose of this MOA is to cooperatively administer and fund the implementation of certain requirements of the CIMP and 2021 MS4 Permit, and to coordinate the payment and performance of the monitoring and reporting services. Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOA. Section 4. Voluntary. This MOA is voluntarily entered into for the implementation of certain requirements of the CIMP and 2021 MS4 Permit. Section 5. Term. This MOA shall become effective on the last date of execution by a PARTY, and shall remain in effect until (1) COUNTY has provided the PARTIES with an accounting as set forth in Section 7(f) and the PARTIES have paid all outstanding invoices, or (2) December 31, 2027, whichever comes last. Section 6. Cost-Sharing a. Continuation of Monitoring. Each PARTY, by executing this MOA, expressly agrees that all costs to be shared hereunder shall begin to accrue on July 1, 2023. b. The PARTIES shall collectively fund the costs of complying with the requirements of the CIMP and 2021 MS4 Permit as shown in Tables 1a and 1b, of Exhibit A which include a five percent (5%) program project administration cost payable to the COUNTY, up to a maximum amount of $5,338,541 for 4 years. The costs shown in Table 1a include the offset from four (4) cities purchasing receiving water monitoring data collected under this MOA. c. The LACFCD's contribution shall be credited for conducting the 4th wet weather monitoring event at the Mass Emissions Station on behalf of the Group, as shown in Tables 3 and 4a of Exhibit A. Every other PARTY's contribution shall be based on the cost allocation formula contained in Table 2a and 2b of Exhibit A of this MOA. d. If actual costs exceed the cost estimates contained in Tables 1a and 1b of Exhibit A, the PARTIES may elect to contribute an additional amount, not to exceed ten percent (10%) of their respective contributions, as shown in Tables 4a and 4b of Exhibit A.

USGR CIMP MOU (2023) Page 4 of 29
Section 7. COUNTY agrees: a. Consultant Services. To retain a CONSULTANT to perform the Scope of Work, and any work arising from any subsequent changes to the CIMP as agreed upon by the PARTIES and approved by the REGIONAL BOARD. COUNTY will comply with all procurement requirements applicable to said selection. b. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts shown in Tables 4a and 4b of Exhibit A. Optional services in Table 4b will be invoiced separately should these services become required based on program needs. The annual payments for the period of July 1 through June 30 will be invoiced in July of that year, except for the first invoice, which will be issued upon the execution of this MOA by all PARTIES. At the end of each fiscal year, any unused funds will be rolled over and used towards the PARTIES' contributions in future years, and the outstanding invoice amounts set forth in Tables 4a and 4b of Exhibit A for future years will be reduced accordingly. c. Expenditure. To utilize the funds deposited by the PARTIES only for the purposes authorized by this MOA. COUNTY will provide an accounting of funds expended and remaining at the end of each fiscal year. d. Contingency. To notify the PARTIES if actual costs are anticipated to exceed the cost estimates contained in Tables 1a and 1b of Exhibit A and obtain written approval of such additional costs from all PARTIES. Upon approval, the PARTIES agree to reimburse COUNTY for their proportional share of these additional costs at an amount not to exceed 10 percent of the original cost estimate as shown in Tables 4a and 4b of Exhibit A. This contingency amount will not be invoiced, unless actual expenditures exceed the original cost estimate. e. Report. To submit reports to the REGIONAL BOARD as described in the CIMP and distribute copies of the reports to the PARTIES prior to submittal to the REGIONAL BOARD for review and comment. COUNTY will provide the PARTIES with an electronic copy of the completed CIMP Annual Report within 7 business days after receipt from the CONSULTANT. In addition, COUNTY will submit to the PARTIES the data used to prepare the reports. No report shall be submitted to the REGIONAL BOARD unless and until it has been approved, in writing, for submittal by all PARTIES, excepting a PARTY or PARTIES whose involvement in this MOA has been terminated or who fails to respond to requests for approval. This data will be transmitted electronically in a format that contains the table structure and syntax agreed upon by the PARTIES, e.g., California Environmental Data Exchange Network format. f. Termination or Expiration. To provide an accounting within 90 days of the termination or expiration of this MOA, and to return any unused funds deposited with the COUNTY within 180 days of said termination or expiration, in accordance

USGR CIMP MOU (2023) Page 5 of 29
with the cost allocation formulas set forth in Exhibit A Tables 2a and 2b. Subject to agreement by the COUNTY, any funds which are to be reimbursed to a PARTY may be reimbursed through credits towards future invoices and agreements, if requested in writing by that PARTY. g. Permit. To work with the CONSULTANT to obtain all necessary permits for the installation, operation and maintenance of monitoring equipment within storm drains, channels, catch basins, and similar properties (FACILITIES) during monitoring events and maintenance. Section 8. The LACFCD agrees: a. Mass Emission Stations Monitoring. To conduct monitoring at the existing mass emission stations owned and operated by the LACFCD in accordance with the CIMP, but limited to water column chemistry and aquatic toxicity. The LACFCD will conduct monitoring for the first two dry weather events and three wet weather events at no cost to the other PARTIES or their CONSULTANTS. b. Additional Monitoring at LACFCD Mass Emission Stations. To coordinate with COUNTY for any additional monitoring required by the CIMP at its existing mass emission stations beyond two dry weather events and three wet weather events. The actual cost of such additional monitoring, not to exceed $6,000 per additional event, will be deducted from LACFCD’s monetary contribution. c. Monitoring Results. To provide monitoring results for the CONSULTANT to conduct analyses and include in all required CIMP reporting. d. Access. To grant permits for construction or installation of monitoring equipment in LACFCD-owned FACILITIES and for access over LACFCD right of way to operate and maintain the monitoring equipment. Permits for the construction or installation of monitoring equipment will be subject to applicable permit fees, however, access permits shall be granted at no cost to the permittee. Section 9. The PARTIES further agree: a. Payment. To pay the COUNTY each PARTY'S respective invoice amounts as shown in Tables 4a and 4b of Exhibit A, within sixty (60) days of receipt of the invoice from the COUNTY. Optional services in Table 4b will be invoiced separately should these services become required based on program needs. The cost estimates presented in Exhibit A are subject to change based on modifications to the CIMP pursuant to new REGIONAL BOARD requirements and/or unforeseen conditions in the field. Any changes proposed to the PARTIES’ contribution amounts will require written agreement of the PARTIES. b. Documentation. To make a good-faith effort to cooperate with one another to achieve the purposes of this MOA by providing all requested information and

USGR CIMP MOU (2023) Page 6 of 29
documentation in their possession and available for release to the COUNTY and CONSULTANT, that is deemed necessary to perform the Scope of Work or other activities contemplated by this MOA. c. Access. Each PARTY will allow reasonable access and entry by the COUNTY and CONSULTANT, on an as needed basis during the term of this MOA, to each PARTY’S FACILITIES, as necessary to perform the Scope of Work or other activities contemplated by this MOA, provided, however, that prior to entering any of the PARTY'S FACILITIES, the COUNTY and CONSULTANT shall obtain all necessary permits and provide written notice as required by those permits. The PARTIES agree that the COUNTY shall have the authority to obtain permits, on behalf of all PARTIES, for the use of FACILITIES and right of way of the LACFCD as necessary for the implementation of the Scope of Work or other activities contemplated by this MOA. d. Permit. Each PARTY will work with the COUNTY and CONSULTANT to obtain all necessary permits for the construction or installation of monitoring equipment, and for access over right of way to operate and maintain the monitoring equipment, within each PARTY’S jurisdiction. e. Additional Participants. The PARTIES agree that if any other entity wishes to participate and cost share any element of the CIMP, COUNTY will enter into a separate MOA with that entity and will reduce the PARTIES’ future invoice amount(s) based on the cost share formula contained in Table 4 of Exhibit A of this MOA. Section 10. Indemnification: a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with, and in relative proportion to, its own negligence or willful misconduct under this MOA; provided, however, that no PARTY shall indemnify another PARTY for said other' PARTY's own negligence or willful misconduct. b. If any of PARTY pays in excess of its pro rata share in satisfaction of any liability arising out of the implementation of the CIMP, such PARTY shall be entitled to contribution from each of the other PARTIES; provided, however, that the right of contribution is limited to the amount paid in excess of the PARTY 's pro rata share and provided further that no PARTY may be compelled to make contribution beyond its own pro rata share of the entire liability; and provided that no PARTY shall indemnify another PARTY for that PARTY 's own negligence or willful misconduct.

USGR CIMP MOU (2023) Page 7 of 29
c. The PARTIESagree that any liability borne by or imposed upon any PARTY or PARTIES hereto as a result of this MOA that is not caused by or attributable to the negligence or willful misconduct of any PARTY shall be fully borne by all the PARTIES in accordance with their pro rata cost share, as set forth in CIMP MOA. d. To the maximum extent permitted by law, the COUNTY shall require the CONSULTANTS retained pursuant to this MOA to agree to indemnify, defend, and hold harmless each PARTY, its special districts, elected and appointed officers, employees, attorneys, agents, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the CONSULTANT's performance of its agreement with the COUNTY. In addition, the COUNTY shall require the CONSULTANTS to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its elected and appointed officers, employees, attorneys, agents and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the CONSULTANT's work. These requirements will also apply to any subcontractors hired by the CONSULTANTS. Section 11. Termination and Withdrawal: 1. This MOA may be terminated upon the express written agreement of all PARTIES. If this MOA is terminated, then all PARTIES must agree on the date of termination, tasks to be completed prior to termination, payment of invoices due at the time of termination, and equitable redistribution of remaining funds deposited, if there are any. In the event of termination, each PARTY shall also be responsible for the payment of its own fines, penalties or costs incurred as a result of the non-performance of the CIMP. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the CONSULTANT still under contract will be held by the PARTY or PARTIES who fund the completion of such work. 2. If a PARTY fails to substantially comply with any of the terms or conditions of this MOA, then that PARTY shall forfeit its rights to work completed through this MOA, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default. 3. The COUNTY shall notify all PARTIES in writing of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this MOA. The non-delinquent PARTIES will determine the next course of action. If the default involves cost-shares and payment of invoices, the remaining cost will be distributed based on the existing cost allocation formula in Exhibit A. If the increase is more than the 10 percent contingency, an amendment to this MOA must be executed to reflect the change in the PARTIES’ cost share.

USGR CIMP MOU (2023) Page 8 of 29

4. If a PARTY wishes to withdraw from this MOA for any reason, that PARTY must give the other PARTIES and the REGIONAL BOARD prior written notice thereof. The withdrawing PARTY shall be responsible for its share of the costs through the end of the current monitoring year (July 1 through June 30), including costs for reporting of data and results. The effective date of withdrawal shall be the 6th day after COUNTY receives written notice of the PARTY'S intent to withdraw. Should any PARTY withdraw from this MOA, the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit A. Section 12. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOA, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference. The PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e-mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. b. Administration. For the purposes of this MOA, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOA on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOA on behalf of such PARTY. c. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOA shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOA. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY. d. Binding Effect. This MOA shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOA without prior written consent of the other PARTIES. e. Amendment. The terms and provisions of this MOA may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent

USGR CIMP MOU (2023) Page 9 of 29
PARTIES. For purposes of this MOA, a PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice as required by Section 9(a) or withdraws pursuant to Section 11(d). f. Law to Govern. This MOA is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. g. Severability. If any provision of this MOA shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOA shall not be affected, and this MOA shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOA. h. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES with respect to the subject matter hereof. i. Waiver. Waiver by any PARTY to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOA shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOA. j. Counterparts. This MOA may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOA. All PARTIES have been represented by counsel in the preparation and negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOA as described in section 11(e). IN WITNESS WHEREOF, the PARTIES hereto have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: // // // // // // // // // // // //

USGR CIMP MOU (2023) Page 10 of 29
// // // // //

USGR CIMP MOU (2023) Page 11 of 29
COUNTY OF LOS ANGELES By MARK PESTRELLA Director of Public Works Date APPROVED AS TO FORM: DAWYN R. HARRISON Interim County Counsel By Deputy Date

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LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By MARK PESTRELLA Chief Engineer Date APPROVED AS TO FORM: Dawyn R. Harrison Interim County Counsel By Deputy Date

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CITY OF BALDWIN PARK By ___________________ _________________________ Enrique C. Zaldivar, P. E. Date Chief Executive Officer APPROVED AS TO CONTENT: By _________________________ Sam Gutierrez Director of Public Works APPROVED AS TO FORM: By _________________________ Marco A. Martinez City Attorney

USGR CIMP MOU (2023) Page 14 of 29
CITY OF COVINA By ___________________ _________________________ Brian Saeki Date City Manager APPROVED AS TO CONTENT: By _________________________ Christopher Marcarello, Director of Public Works APPROVED AS TO FORM: By _________________________ Candice L. Lee City Attorney

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CITY OF GLENDORA By ___________________ _________________________ Adam Raymond Date City Manager APPROVED AS TO CONTENT: By _________________________ Alison Sweet Public Works Director APPROVED AS TO FORM: By _________________________ D.D. Wayne Leech City Attorney

USGR CIMP MOU (2023) Page 16 of 29
CITY OF INDUSTRY By ___________________ _________________________ Cory C. Moss Date Mayor ATTEST: By _________________________ Julie Gutierrez-Robles Deputy City Clerk APPROVED AS TO FORM: By _________________________ James M. Casso City Attorney

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CITY OF LA PUENTE By ___________________ _________________________ Bob Lindsey Date City Manager ATTEST: By __________________________ Sheryl Garcia City Clerk APPROVED AS TO FORM: By __________________________ James M. Casso City Attorney

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CITY OF SOUTH EL MONTE By ___________________ _________________________ Jennifer Vasquez Date City Manager APPROVED AS TO FORM: By __________________________ Quinn Barrow City Attorney

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CITY OF WEST COVINA By ___________________ _________________________ Lloyd Johnson Date Mayor APPROVED AS TO CONTENT: By _________________________ Jeff Anderson Community Development Director APPROVED AS TO FORM: By _________________________ Scott E. Porter City Attorney EXHIBIT A Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation USGR CIMP MOU (2023) Page 20 of 29
Table 1a. Cost for Required Services Deliverable 3-Year Total 4-Year Total (including optional 4th year) Receiving Water and Stormwater Outfall Monitoring $1,903,140 $2,537,519 Non-Stormwater Screening and Monitoring $196,591 $249,364 CIMP Evaluation & Revision $138,918 $185,224 Reporting, Meetings, and Project Management $448,817 $575,660 LACFCD Monitoring for Wet Weather Event 41 $18,000 $24,000 Required Services Subtotal $2,705,466 $3,571,767 5% Project Administration $135,274 $178,588 Required Services Total w/ 5% Project Administration $2,840,740 $3,750,355 Offset from 4 Cities Purchasing Data2 -$153,691 -$204,921 Required Services Adjusted Total $2,687,049 $3,545,434 1. LACFCD’s $6,000/yr to monitor wet weather event 4 at the Mass Emission Station. The $6,000 is cost-shared by all parties, and the LACFCD is credited $6,000 from its cost-share. 2. The Cities of El Monte, Irwindale, La Habra Heights, and Walnut purchase receiving water monitoring data collected under this MOA. Their contributions are used to offset costs for the PARTIES.

EXHIBIT A Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation USGR CIMP MOU (2023) Page 21 of 29
Table 1b. Cost for Optional Services Deliverable 3-Year Total 4-Year Total (including optional 4th year) TMDL Receiving Water Monitoring and Stormwater Monitoring (Optional)1 $819,228 $1,092,304
Non-Stormwater (NSW) Outfall Screening and Monitoring (Optional)2 $464,065 $464,065 CIMP Evaluation and Revision (Optional)3 $100,119 $133,492 5% Project Administration and other contributions4 $70,064 $85,386 Optional Services Total $1,471,336 $1,793,107 1. Includes additional monitoring requirements based on aquatic toxicity results, installing new or moving monitoring sites, and as-needed maintenance of monitoring equipment, etc. 2. Includes restarting the NSW Outfall Screening if required by the 2021 MS4 Permit 3. Includes the CIMP Adaptive Management Letter and CIMP revision EXHIBIT A Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation USGR CIMP MOU (2023) Page 22 of 29

4. Includes contributions and fees for outside agencies and organizations. Table 2a. Cost Allocation Formula for Required Services1 Agency Acres Percent of Area (%) Allocated Cost Contract Administration (5 percent) Estimated Cost County 40,812 51.429 $1,649,726 $82,486 $1,732,212 Baldwin Park 4,335 5.463 $175,232 $8,762 $183,993 Covina 4,481 5.647 $181,134 $9,057 $190,190 Glendora 9,307 11.728 $376,213 $18,811 $395,024 Industry 7,647 9.636 $309,111 $15,456 $324,567 La Puente 2,207 2.781 $89,213 $4,461 $93,673 South El Monte 231 0.291 $9,338 $467 $9,804 West Covina 10,336 13.025 $417,808 $20,890 $438,698 EXHIBIT A Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation USGR CIMP MOU (2023) Page 23 of 29
LACFCD (5%) N/A N/A $168,830 $8,442 $177,272 Total 79,356 100% $3,376,604 $168,830 $3,545,434 5. Cost allocation is calculated based on 4-year total.

EXHIBIT A Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation USGR CIMP MOU (2023) Page 24 of 29
Table 2b. Cost Allocation Formula for Optional Services1 Agency Acres Percent of Area (%) Allocated Cost Contract Administration (5 percent) Estimated Cost County 40,812 5.143 $825,625 $41,281 $866,906 Baldwin Park 4,335 5.463 $87,697 $4,385 $92,082 Covina 4,481 5.647 $90,650 $4,533 $95,183 Glendora 9,307 11.728 $188,280 $9,414 $197,694 Industry 7,647 9.636 $154,698 $7,735 $162,433 La Puente 2,207 2.781 $44,648 $2,232 $46,880 South El Monte 231 0.291 $4,673 $234 $4,907 West Covina 10,336 13.025 $209,097 $10,455 $219,552 LACFCD (5%) N/A N/A $84,493 $4,225 $88,718 Total 79,356 100% $1,689,861 $84,493 $1,774,354 1. Cost allocation is calculated based on 4-year total. Table 3. LACFCD’s Contribution for Required Services + 5% Project Administration Deliverable Total LACFCD’s 5 Percent Cost $177,272 Cost to LACFCD for Conducting 4 Additional Metals Sampling at San Gabriel River Mass Emission Station ($24,000) Total LACFCD Adjusted Contribution $153,272 Table 4a Invoicing Schedule for Required Services EXHIBIT A Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation USGR CIMP MOU (2023) Page 25 of 29
September 2023 (FY 23-24) July 2024 (FY 24-25)
July 2025 (FY 25-26)
July 2026 (FY 26-27) Total Invoiced Contingency (10%)3 Total Cost w/ Contingency LACFCD (5%)1 $37,390 $38,597 $40,117 $37,167 $153,272 $17,727 $170,999 County $422,566 $436,213 $453,388 $420,046 $1,732,212 $173,221 $1,905,434 Baldwin Park $44,884 $46,334 $48,158 $44,617 $183,993 $18,399 $202,393 Covina $46,396 $47,894 $49,780 $46,119 $190,190 $19,019 $209,209 Glendora $96,364 $99,476 $103,393 $95,790 $395,024 $39,502 $434,526 Industry $79,177 $81,734 $84,952 $78,705 $324,567 $32,457 $357,024 La Puente $22,851 $23,589 $24,518 $22,715 $93,673 $9,367 $103,041 South El Monte $2,392 $2,469 $2,566 $2,378 $9,804 $980 $10,785 West Covina $107,019 $110,475 $114,825 $106,380 $438,698 $43,870 $482,568 Total $859,039 $886,782 $921,697 $853,916 $3,521,4344 $354,543 $3,875,978 1. Adjusted by $6,000/year, or $24,000 for 4 years, to credit LACFCD for sampling wet weather event #4 for the Group 2. LACFCD’s 10% Contingency is calculated using the pre-adjusted contribution of $131,791 3. The 10% Contingency includes the 5% Project Administration 4. Total invoiced includes $24,000 offset for LACFCD wet weather event #4 sampling EXHIBIT A Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation USGR CIMP MOU (2023) Page 26 of 29
Table 4b Invoicing Schedule for Optional Services1
Invoice Date September 2023 (FY 23-24) July 2024 (FY 24-25) July 2025 (FY 25-26) July 2026 (FY 26-27) Total Invoiced Contingency (10%)2 Total Cost w/ Contingency LACFCD (5%) $26,931 $21,104 $20,920 $19,763 $88,718 $8,872 $97,589 County $263,155 $206,218 $204,417 $193,115 $866,906 $86,691 $953,597 Baldwin Park $27,952 $21,904 $21,713 $20,513 $92,082 $9,208 $101,290 Covina $28,893 $22,642 $22,444 $21,203 $95,183 $9,518 $104,701 Glendora $60,011 $47,027 $46,617 $44,039 $197,694 $19,769 $217,464 Industry $49,308 $38,639 $38,302 $36,184 $162,433 $16,243 $178,677 La Puente $14,231 $11,152 $11,054 $10,443 $46,880 $4,688 $51,568 South El Monte $1,489 $1,167 $1,157 $1,093 $4,907 $491 $5,397 West Covina $66,646 $52,227 $51,771 $48,908 $219,552 $21,955 $241,507 Total $538,618 $422,081 $418,395 $395,261 $1,774,354 $177,435 $1,951,789 1. Will be invoiced separately should these services become required based on program needs 2. The 10% Contingency includes the 5% Project Administration EXHIBIT B Upper San Gabriel River Watershed Responsible Agency Representatives USGR CIMP MOU (2019) Page 27 of 29

1. County of Los Angeles Los Angeles County Public Works Stormwater Quality Division 900 South Fremont Avenue Alhambra, CA 91803-1331 Mark A. Lombos, Assistant Deputy Director E-mail: [email protected] Phone: (626) 300-4665 2. Los Angeles County Flood Control District Los Angeles County Public Works Stormwater Quality Division 900 South Fremont Avenue Alhambra, CA 91803-1331 Jalaine Q. Verdiner, Principal Engineer E-mail: [email protected] Phone: (626) 300-4666 3. City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706-4297 Sam Gutierrez, Interim Director of Public Works E-mail: [email protected] Phone: (626) 813-5251 4. City of Covina 125 East College Street Covina, CA 91723 Christopher Marcarello, Director of Public Works E-mail: [email protected] Phone: (626) 384-5217 5. City of Glendora 116 East Foothill Boulevard Glendora, CA 91741 Alison Sweet, Director of Public Works E-mail: [email protected] Phone: (626) 914-8246 EXHIBIT B Upper San Gabriel River Watershed Responsible Agency Representatives USGR CIMP MOU (2023) Page 28 of 29

6. City of Industry 15625 East Stafford Street, Suite 100 City of Industry, CA 91744 Troy Helling, City Manager E-mail: [email protected] Phone: (626) 333-2211 Fax: (626) 961-6795 7. City of La Puente 15900 East Main Street La Puente, CA 91744 John Di Mario, Development Services Director E-mail: [email protected] Phone: (626) 855-1517 8. City of South El Monte 1415 North Anita Avenue South El Monte, CA 91733 Jennifer Vasquez, City Manager E-mail: [email protected] Phone: (626) 579-6540 9. City of West Covina 1444 West Garvey Avenue South West Covina, CA 91790 Jeff Anderson, Community Development Director E-mail: [email protected] Phone: (626) 939-8422 EXHIBIT C Upper San Gabriel River Watershed Scope of Work USGR CIMP MOU (2019) Page 29 of 29

STAFF REPORT
ITEM NO. _____8_____

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: April 5, 2023
SUBJECT: Authorize Additional Work and Approve a Contract Change Order for Stance Construction Company to Install Sewer
House Connections and Abandon Septic Tanks as Part of the Work for the Calino Avenue Improvements Project

SUMMARY
This item will authorize additional work to Stance Construction Company for City Project No. CIP 22- 040 – Calino Avenue Improvements. The additional work is comprised of connecting twelve (12) sewer house connections to the newly constructed sewer main line along Calino Avenue. The work entails making sewer lateral connections, abandonment of sewer septic tanks, installation of clean-outs, and repairs and restoration walk areas.

RECOMMENDATION
It is recommended that the City Council:

1. A uthorize the additional work and approve the proposal from Stance Construction Company in the amount of $92,950.00 to connect 12 homes to new sewer infrastructure including lateral connections, septic tank abandonments, clean-out and appurtenant work; and,

2. Authorize the Director of P ublic Works to execute a contract change order for the additional work; and,

3. Authorize the Director of Finance to appropriate $92,950.00 from Fund No. 275 and to make the necessary budget adjustments.

FISCAL IMPACT
There is no fiscal impact on the General Fund. Funding for the construction of the project will come from Fund No. 275 American Rescue Plan Act (ARPA). This project is listed in the current Fiscal Year 2022/2023 Capital Improvement Program (CIP 22-040).

Appropriate Amount
American Recovery Plan Act (ARPA) – Fund # 275-50-752-58100-55021 $92,950.00 Total Appropriation $92,950.00

BACKGROUND
Calino Avenue is an unimproved private street located west of Puente Avenue and south of the Interstate 10 Freeway. The pavement is in poor condition and does not meet City standards. There are no curb and gutter, sidewalks, storm drains or sanitary sewer. Twelve (12) homes along Calino Avenue are on septic tanks. Over the years, attempts have been made by both residents and City to make the improvements, but efforts have fallen short largely due to the lack of funding mechanisms. However, with the approved American Recovery Plan Act (ARPA), a funding scenario was made possible due to the nature of ARPA funding. This once- in-a-generation infusion of funds provides State, Local, a nd

Tribal governments with the ability to address a broad range of water and sewer infrastructure needs with wide latitude to identify investments in water and sewer infrastructure that are of the highest priority for their own communities, which may include projects on privately-owned infrastructure.

On December 15, 2021, the City Council authorized the use of ARPA funding for the project and directed the Director of Public Works to move forward with the civil design and engineering services for the construction of improvements at Calino Avenue.

On October 24, 2022, the Staff completed the preparation of the construction documents and engineering studies including the Plans, Specifications, and Estimate (PS&E) and prepared the project for bid. On November 2, 2022, City Council authorized staff to publish a Notice Inviting Bids.

On December 21, 2022, City Council authorized the award of a construction contract with Stance Construction Company, in an amount of $649,726.51. The Project is currently under construction consisting of major infrastructure improvements that include installation of sanitary sewer and storm drain mai nlines, as well as, installation of drain inlets, curb and gutter, sidewalks, and pavement reconstruction.

DISCUSSION
From inception, this project was envisioned to consist of two phases. The first phase, which is currently under construction, includes the installation of sanitary sewer , storm drain mainlines, and street improvements. The second phase consists of connecting the homes to the new sewer system and abandoning the existing septic tanks. Twelve (12) homes along Calino Avenue have been identified to be on septic tank systems and are scheduled to be moved over to the new sewer system . This will provide the homeowners with a functional sewer connection which will relieve them from the burden of having to maintain old and obsolete septic tank infrastructure . When not properly sited or maintained, septic tanks can cause contamination of surface and groundwater resources, which leads to public health and pollution problems. Should the sewer connection be delayed it will delay the C ity’s goal to comply with or delay clean water quality objectives.

Phase 1 of the project is currently underway and is on schedule to be completed in June 2023. In order to ease the transition and minimize disruption to homeowners , Staff commenced preliminary work on Phase 2 by requesting proposals to connect homes to the new sewer main and abandon the existing septic tanks. The City received the following three proposals for the work:

No. Company Name City Amount
1 Stance Construction Company Chino Hills, CA $92,950.00 2 Sewer Pros Altadena, CA $234,300.00
3 Golden Penny dba Flush Right Drain West Covina, CA $519,990.00

The lowest cost proposal received was from Stance Construction Company. Stance is the contractor currently working on Phase 1 and already has the necessary equipment mobilized on-site to perform the additional work. To provide a seamless and easy transition for homeowners, Staff is recommending that the City Council approve the additional work and authorize a contract change order with Stance in the amount of $92,950. This will be the first contract change order for Stance consisting 14% of the total contract amount. If approved the total contract amount including the change order would be estimated at $742,676, well under the engineer’s original estimate.

ALTERNATIVES

1. The City Council may choose not to award the additional work to Stance Construction Company. This action is not recommended as it will delay the final phase of the project and may have a significant increase in cost if done at a later time. Doing the work at this time will minimize mobilization cost and disruption to homeowners.

2. Provide staff with alternate direction.

CEQA REVIEW
The subject project is exempt from 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
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Proposals Summary

STAFF REPORT
ITEM NO. _____9_____

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: April 5, 2023
SUBJECT: Approval of Southern California Gas Company (SoCalGas) Collectible Work Authorization for the Abandonment of Gas Mains at the Susan Rubio Zocalo Park and Civic Plaza

SUMMARY
This item seeks City Council consideration to authorize a Collectible Work Authorization (CWA) for Southern California Gas Company (SoCalGas) to abandon existing gas infrastruc ture located within the proposed park improvements for the Susan Rubio Zocalo Park and Civic Plaza.

RECOMMENDATION
It is recommended that the City Council:
1) Approve the CWA payment for SoCalGas in the amount of $87,229.56 for the abandonment of gas infrastructure; and,
2) A uthorize the Director of Public Works to execute the C WA agreement and to process the necessary documents and payment request from the approved construction budget contingency; and,
3) Authorize the Director of Finance to appropriate the funding and make the necessary budget adjustments.

FISCAL IMPACT
There is no impact to the General Fund. The funds for the CWA will be taken from the approved construction budget.

BACKGROUND
On October 19, 2022, the City Council accepted the Plans and Specifications for the City Project CIP 22-043 – Susan Rubio Zocalo Park and Civic Center Plaza and awarded a contract for construction to PCN3, Inc. of Los Alamitos, CA. The City Council also authorized the Director of Finance to budget $11,841,000 for construction costs including the prime construction contract, costs for demolition of vacant building, construction administration, construction management and inspection services, and construction contingency totaling $775,000.

On October 27, 2022, A groundbreaking ceremony for the Susan Rubio Zocalo Project was held at 14349 Pacific Ave and the demolition of the existing vacant building commenced. During the demolition of the existing vacant building at 14349 Pacific Avenue, the city contacted So Cal Gas to remove the existing services in anticipation of the site demolition.

On November 2, 2022, SoCal Gas completed the abandonment of existing services to the vacant building. On December 8, 2022, the City staff met with SoCal Gas, to discuss the relocation the 4” Gas Main and 2” Gas Main that are in conflict with the proposed retail building and requested that SoCal

Gas relocate the existing mains per the project plans. During the meeting SoCal gas estimated that the work may begin in April 2023.

DISCUSSION
On January 6, 2023, SoCal Gas determined that the construction of a new retail building is for proprietary use and not governed by the current Franchise Agreement between the City of Baldwin Park and SoCal Gas, thus making the city responsible for the costs of relocation and/or abandonment collectible by SoCal Gas.

On January 12, 2023, The city’s contractor PCN3, began the mobilization for start of main plaza construction located between Pacific Ave, Maine Ave, and Sterling Way. The construction contract for PCN3 includes the work associated with the abandonment and relocation of gas mains within the project, however, the gas company will need to first abandon and cap the existing mains, since no work is allowed on live gas mains.

On March 7, 2023, SocalGas determined that both Gas mains may be abandoned and there is no need for relocation and began the preparation of Work Authorization. Since work for relocation of gas mains is no longer needed for the project, the city will remove this work as part of the construction contract with PCN3, and execute a change order, as a credit for construction to offset the cost of the CWA.

On March 20, 2023, SoCal Gas finalized the work authorization and work agreement to abandon both 2” and 4” gas mains that conflict with proposed retail building and will be able to schedule and commence work once the deposit for collectible work is received. In order to avoid construction delays, and continue with the start of retail building improvements, this work will need to be completed by SoCal Gas. The City is requesting to use funds already approved for construction contingency by City Council on October 19, 2022.

ALTERNATIVES

1. The City Council may choose not to approve the CWA. This action is not recommended as it will cause construction delays and require significant re-scoping and re-design of the proposed retail building.

2. Provide Staff with alternate direction.

CEQA REVIEW
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 change 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.

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

ATTACHMENTS

1. BP Collectible Work Agreement

2. CWA Notification

SoCalGas
a Sempra Energy utility
March 20, 2023
Southern California Gas Company
1981 W. Lugonia Ave.

Redlands, CA 92374
Mailing Address:

PO Box 3003
Redlands, CA 92373-0306
Sam Gutierrez
Attn: Accounts Payable
14403 E. Pacific Ave
Baldwin Park, CA 91706
Re: Agreement for Collectible Work - Work Authorization Notification # 2042282052 MCU #000005558530-0005
Enclosed is your copy of our Contract for estimated cost. Please sign and return the copy of the agreement to:

Southern California Gas Company
Attn: Eduardo Cruz
1981 West Lugonia Avenue, ML 8031
Redlands, CA 92374-9796
[email protected]
We will return a completed copy, signed and accepted by our Company representative, for your file.

Make your check for the deposit payable to: The Gas Company, in the amount of $87,229.56 and note the MCU number on the check. Please keep in mind this is the planned estimate cost for the project. Mail the check payment and remittance form to:

Sundry Billing
Southern California Gas Company
P.O. Box 2007
Monterey Park, CA 91754-0957.

Final billing will be for the actual costs of the work performed. If you have any questions regarding this project, please call Eduardo Cruz at (213) 231-8313.

Will Liao
Technical Services Supervisor

STAFF REPORT
ITEM NO. _____10_____

TO: Honorable Mayor and Members of the City Council

FROM: Ron Garcia, Director of Community Development
Imelda Delgado, Housing Manager
DATE: April 5, 2023
SUBJECT: Amendment to the Consultant Services Agreement between the City of Baldwin Park, and Lorraine Mendez and
Associates, Inc. For HUD reporting and consulting services.

SUMMARY
The purpose of this report is to request that the City Council consider approving an amendment to the Consultant Services Agreement between the City of Baldwin Park and Lorraine Mendez and Associates, Inc. to continue completing various planning and reporting requirements per the Department of Housing and Urban Development (HUD) regulations and meet the agency’s deadlines to guarantee the City receives CDBG and HOME funds.

RECOMMENDATION
Staff recommends the City Council authorize the Chief Executive Officer and the City Attorney to prepare and execute a second amendment to the Consultant Services Agreement between the City of Baldwin Park and Lorraine Mendez and Associates, Inc., and authorize the Director of Finance to appropriate the funds and budget amendments accordingly.

FISCAL IMPACT
The new contract agreement is $60,000, which will cover the upcoming HUD reporting requirements for the current 2023 to 2025 fiscal years. The CDBG admin fund currently has $30,571 and $4,460 Home ARP admin funds available budget to cover the current fiscal year HUD reporting requirements.

The FY 2024 and FY 2025 reporting service costs will be budgeted as part of the annual new fiscal year budgets that will be taken to City Council in June. Staff is intending to use available CDBG, HOME, and HOME ARP funds to budget the services in the upcoming fiscal years.

BACKGROUND
Pursuant to the U.S. Department of Housing and Urban Development (HUD), all state and local governments receiving Federal funds are required to prepare a five-year strategy designed to address the needs of extremely low, low and moderate-income households within the community as well as the completion of an Annual Action Plan to be submitted 45 days prior to the beginning of the fiscal year.

If any substantial changes must be made during the Program Years a Substantial Amendment must be prepared and submitted to HUD. These plans serve as an application for grant funding for Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) funds received by the City. At the end of each fiscal year the city is also required to submit a Consol idated Annual

Performance Evaluation Report (CAPER) to report outputs and outcomes that provides an assessment of the City’s performance.

On August 6, 2021, the City entered into an agreement with Lorraine Mendez and Associates, Inc., under the Director of Community Services’ spending authority for the preparation of the City’s 2020/21 CAPER with the option that if additional services are needed by the City, an amendment to the agreement will be required to add such services.

On March 16, 2022 the City Council approved an amendment to the Consultant Services Agreement to prepare and complete the FY 2019/20 Annual Plan Cares Act Substantial Amendment, HOME ARP Allocation Plan, FY 2022-2023 Annual Action Plan, and provide assistance to Housing staff with H UD related matters.

DISCUSSION
The Housing Division manages all HUD funding allocated to the City of Baldwin Park, including CDBG, HOME, and manages the Baldwin Park Housing Authority, which is a separate entity from the City. The Housing Division has seven (7) fulltime and one (1) part time staff members; five (5) staff mainly work with the Housing Authority Section 8 and Public Housing programs, and one (1) staff member works with the CDBG and HOME Programs. Due to key staff vacancies and changes within the department the professional services provided by Lorraine Mendez has been instrumental in assisting staff with completing the necessary plans and HUD requirements.

On March 15, 2023 the City Council approved the City’s HOME-ARP Allocation Plan. The HOME-ARP funds in the amount of $1,128,360 would be to perform two activities including homeless supportive services, and a Tenant Based Rental Assistance Program (TBRA). The HOME ARP program is a new program for qualifying individuals and families who are homeless, or at risk of homelessness. Moreover, the Housing Division is also tasked with managing the Rent Stabilization Ordinance (RSO). Since January 2020, the Housing Division has taken on seven (7) new programs that have been managed with existing housing staff.

The additional consultant services to the Housing Division would continue to allow staff to maintain the continuity of anticipated level of housing supportive service to the City. Due to the management of additional programs and grants, a second consultant services amendment is needed to assist the Housing Division with CDBG and Home ARP.

ALTERNATIVES
The City may decide not to approve this amendment; in this case, the City would not meet the required deadlines to receive funding.

ENVIRONMENTAL REVIEW
There is no environmental impact.

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

ATTACHMENTS

1. Lorraine Mendez and Associates, Inc. Proposal

2. Lorraine Mendez and Associates, Inc. Agreement

3. Lorraine Mendez and Associates, Inc. Amendment No.2

CITY OF BALDWIN PARK

PROPOSAL
FOR

PREPARATION OF THE
FY 2023/24 AND 2024/25 AAP;
FY 2022/23 CAPER ; AND

OTHER HUD TASKS AS NEEDED

Prepared for:

City of Baldwin Park
Community Development Department

March 23, 2023

Prepared by:

Lorraine Mendez & Associates, Inc.
2205 Spyglass Trail W.

Oxnard, CA 93036

⬧ 2205 Spyglass Trail W. , Oxnard CA 93036 ⬧ T: (805) 665 -7310 ⬧ ⬧ E: Lorraine [email protected] ⬧
March 23, 2023

City of Baldwin Park
Community Development Department
ATTN: Ron Garcia, Community Development Director
14403 E. Pacific Avenue
Baldwin Park, CA 91706
DELIVERED VIA EMAIL: [email protected]
[email protected]

SUBJECT: PROPOSAL FOR PREPARATION OF THE CITY OF BALDWIN PARK’S FY 2023/24 and 2024/25 A NNUAL ACTIO N PLAN, FY 2022/23 CAPER, AND

OTHER HUD TASKS ON AN AS-NEEDED BASIS

Dear Mr. Garcia,

Thank you for the opportunity to provide services related to the preparation of above-mentioned subject documents. I am pleased to offer my services based upon extensive experience in providing professional grants administration services, including those re lated to the Community Development Block Grant and Home Investment Partnerships Act . I provide professional and technical services to various cities in Orange and Los Angeles Counties . I assist them with the development and implementation of program activities to ensure they are within HUD compliance.

My consultant services also include the preparation and analysis of reports such as the Annual Action Plan, Consolidated Plan, and Comprehensive Annual Performance and Evaluation Report (CAPER). I ensure that all projects and activities are reported timely and accurately in the Integrated Disbursement and Information System (IDIS).

As principal of Lorraine Mendez & Associates (LM&A), I will serve as the primary staff member responsible for preparation of all documents, and coordination with City staff. LM&A is committed to completing all assignments with detail and accuracy and ensuring all projects are on schedule.

All correspondence regarding this proposal can be addressed to:

Lorraine Mendez, Principal
Lorraine Mendez & Associates
2205 Spyglass Trail W.

Oxnard, CA 93036
(805) 665-7310
[email protected]

⬧ 2205 Spyglass Trail W. , Oxnard CA 93036 ⬧ T: (805) 665 -7310 ⬧ ⬧ E: Lorraine [email protected] ⬧
The price indicated in Section 6 – Cost Proposal is valid for 90 days from the date of this letter.

Thank you for your consideration. I look forward to the opportunity to work for the City of Baldwin Park.

Sincerely,

LORRAINE MENDEZ & ASSOCIATES
City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 1 SECTION 1 - INTRODUCTION
Lorraine Mendez & Associates, LLC (LMA) has been in operation for 13 years, however Ms.

Mendez has 22 years of experience working in or alongside municipalities in the administration of HUD programs. Ms. Mendez has been under contract with other jurisdictions over the last 17 years assisting with similar services as is being proposed in Baldwin Park. Ms. Mendez is currently contracted with the cities of Westminster, Huntington Beach, Anaheim, and Baldwin Park and has contracted with the cities of Huntington Park, Garden Grove, El Monte, Burbank, and Henderson, NV in the past, as well.

It is understood that the City of Baldwin Park is seeking a qualified firm/person(s) to assist staff, on an as-needed basis, with the preparation of the following documents and activities:

1. FY 2023/24 Annual Action Plan

2. FY 2022/23 Consolidated Annual Performance and Evaluation Report (CAPER)

3. FY 2024/25 Annual Action Plan

4. Substantial Amendment to 2019/20 Annual Action Plan (CARES Act Amendment)

5. Substantial Amendments to the 2021/22 HOME-ARP Allocation Plan (if needed)

6. Substantial Amendments to the 2023/24 Annual Action Plan (if needed)

7. Other HUD-r elated tasks, as needed – see Section 3 Qualifications and Resumes for complete list of available services.

LMA has experience in the development of the Annual Action Plan, 5-Year Consolidated Plan, CAPER, and AAP Amendments, IDIS, file management, HUD program policies and procedures, subrecipient monitoring, and other tasks related to the management and implementation of HUD grants, which are available to be provided on an as-needed basis.

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 2 SECTION 2 – PROFESSIONAL EXPERIENCE

Lorraine Mendez of Lorraine Mendez & Associates brings over 22 years of professional experience working with local governments – first as an employee in a Community Development Department where she gained knowledge and experience in the fields of Redevelopment, housing, community development, fiscal management, goal setting, and performance trackin g, and as of 2006, as a consultant dealing exclusively with CDBG and HOME entitlement programs.

Lorraine Mendez has been under contract with local jurisdictions over the last 17 years, including the cities of Westminster, Huntington Beach, Anaheim, Garden Grove, Huntington Park, Burbank, Baldwin Park, El Monte, and Henderson, Nevada providing administrative services associated with the HUD Program, more fully described in Section 3 – Qualifications and Resumes. Ms.

Mendez has a B.A. in Economics with a minor in Business Administration from California State University, Northridge.

In Westminster specifically, Ms. Mendez manages the entire CDBG program, and only relies on staff to receive direction, gather needed data, and attend Council meetings. For Westminster’s HOME program, Ms. Mendez prepares environmental review records, subsidy layering review analyses, and affordable housing agreements as needed. Also, a major focus in Westminster has been to improve the overall administration and implementati on of the City’s HUD programs as required by HOME and CDBG regulations. Ms. Mendez has been successful at addressing program deficiencies and has established improved administrative protocols for activities under the CDBG and HOME programs.

For the Cities of Huntington Beach, Anaheim, and Henderson, Ms. Mendez provides a variety of services on an as -needed basis. Main services provided include the setting up, funding, and maintenance of HUD activities in IDIS; the development and maintenance of Annual Action Plans, Consolidated Annual Performance and Evaluation Reports (CAPER’s), and AAP Amendments (both minor and substantial); analyses of HUD funding availability and timeliness commitment and expenditure of funds; Environmental Review Records; assistance with draws; research and analysis of proposed projects; activity eligibility reviews; development of standardized quarterly reporting for CDBG subgrantees; area benefit analyses; and other tasks as requested.

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 3 SECTION 3 – QUALIFICATIONS & RESUMES

Lorraine Mendez & Associate s is qualified to assist with the development of the City’s Annual Action Plan’s, CAPER’s, Substantial Amendments, and other tasks related to the administration of the CDBG and HOME program s. As project principal, Lorraine Mendez will maintain responsibility for ensuring the overall quality of work of her firm and any subcontracted staff (if needed) for this project, and the timeliness of project deliverables.

Over the past 17 years working e xclusively as a consultant for cities such as Westminster, Huntington Beach, Anaheim, Garden Grove, Baldwin Park, El Monte, Huntington Park, Burbank, and Henderson, Nv., Ms. Mendez has provided an array of HUD -related services and work products as outlined below and in the resume that follows:

1. CDBG/HOME Programs Administration
a. Develop and Maintain Project Filing System and Checklist, including all necessary eligibility documentation to ensure compliance with HUD and federal cross -cutting requirements.
b. Conduct environmental reviews and prepare environmental review records for most activities in accordance with NEPA and the implementing regulations at 24 CFR Part 58, up to the level of categorically excluded subject to Part 58. c. Manage the federal Integrated Disbursement and Information System (IDIS) required to set-up, revise, fund, and report upon accomplishments and beneficiaries for all CDBG and HOME activities.
d. Generate, format, download, and analyze IDIS Reports. e. Prepare agreements for subrecipients (both outside and intradepartmental). f. Assist in department budget preparation and work program. g. Jointly with the Finance Department, assume financial management responsibilities, including preparing draw requests, receipting and drawdown of program income, approving subrecipient payment requests, and monitoring CDBG/HOME expenditures. h. Provide contract administration of CDBG and HOME programs and projects. i. Develop quarterly subrecipient performance reports for quarterly submission. j. Ensure subrecipients submit quarterly reports and conduct desktop monitoring on a quarterly basis.

2. HOME Acquisition/Rehabilitation Program
a. Develop subsidy layering guidelines for rental and owner housing. b. Conduct financial analysis/layering review for Federally assisted residential acquisition and rehabilitation projects.
c. Assist City staff in drafting deal points and affordable housing agreements for federally assisted residential new construction, and acqu isition/rehabilitation projects, and/or review of affordable housing agreements, exhibits, and documents as to compliance

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 4 with established HUD HOME regulations.
d. Prepare environmental review records for proposed HOME affordable housing projects.

3. Respond to HUD and Single Audit Letters and/or Memorandums as Needed a. Address and rectify all concerns and findings emanating from possible Agency or Federal Single Audit Reports.

4. CDBG and HOME Monitoring
a. Conduct desk and on-site CDBG subrecipient monitoring visits as required by regulation (monitoring typically occurs after the end of the program year). ✓ Prepare appointment letters.
✓ Conduct on -site visit with public service subrecipients, gather needed financial, beneficiary, and other necessary documentation to prepare monitoring report. ✓ Prepare monitoring report outlining subrecipient strengths and weaknesses, concerns, findings, and corrective actions to be taken. ✓ Follow-up with subrecipients on implementation of recommended corrective actions and prepare monitoring close-out letters as needed.
✓ Provide technical assistance to staff and CDBG public service providers as needed. b. Conduct desk and on-site HOME monitoring of affordable housing projects. ✓ Prepare appointment letters to property owners or management. ✓ Schedule on-site inspections to determine compliance with housing, local and state codes.
[Note: City may opt to use Building or Code Enforcement staff to conduct on -site inspections, or Lorraine Mendez & Associates, upon City’s r equest, may perform inspections.]
✓ Conduct on-site monitoring to include review of project documents and tenant files to ascertain project compliance with HOME requirements, e.g. rents, tenant income eligibility, occupancy eligibility, property standards, a ffirmative marketing and fair housing, and lease terms.
✓ Prepare monitoring reports and follow-up correspondence until monitoring close out.

Report will outline strengths and weaknesses, concerns, findings, and corrective actions to be taken.

5. Develop a nd Maintain HUD Grants Management Policies and Procedures Manual (Program Guidelines)

6. Prepare Annual Action Plans and Amendments to 5-Year Consolidated Plan a. Prepare draft and final Action Plan, amendments to the Action Plan and, if applicable, required amendments to 5-Year Consolidated Plan as needed, oversee public review, and submit to HUD via IDIS pursuant to HUD regulations.

7. Prepare Consolidated Annual Performance and Evaluation Reports (CAPER)

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 5 a. Preparation of draft and final CAPER document, oversight of public review, and submittal to HUD via IDIS pursuant to HUD regulations.

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 6 Lorraine M. Mendez
2205 Spyglass Trail W.

Oxnard, CA 93036
(805) 665-7310
[email protected]

SUMMARY OF QUALIFICATIONS
• 22 years local government experience.
• B.A. degree in Economics with minor in Business Administration.

EMPLOYMENT HISTORY

Principal, Lorraine Mendez & Associates
March 2010 – Present: City of Westminster
May 2013 – Present: City of Huntington Beach
December 2019 – Present: City of Anaheim
March – September 2020 & March 2022 – March 2023: City of Baldwin Park December 2020 – December 2022: City of Henderson, Nevada January 2019 – December 2019: City of El Monte
July 2013 – December 2018: City of Garden Grove
July 2006 – November 2017: City of Huntington Park

• Assist in on-going administration of HUD’s Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) programs, including:
→ Preparation of Annual Action Plan, Five Year Consolidated Plan, and Consolidated Annual Performance Evaluation Report (CAPER).
→ Preparation of department protocols and procedures.
→ Management of the federal Integrated Disbursement and Information System (IDIS) required to set-up, revise, fund, and report on accomplishments and program beneficiaries for all CDBG and HOME activities.
→ On-site monitoring for, and technical assistance to, each CDBG public service subrecipient to ensure compliance with federal requirements and adherence to the entity’s subrecipient agreement with the City.
→ Assumption of financial management responsibilities, such as preparing draw requests, approving payment requests, and monitoring CDBG/HOME expenditures. → Preparation of CDBG and HOME fiscal budget.
→ Monitoring of City’s HOME -assisted affordable housing agr eements including on -site monitoring of housing projects to ensure compliance with HOME regulations.

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 7 → Assistance with special assignments as needed including the development a code enforcement strategy for use of CDBG funding, in-depth auditing of the City’s minor home repair program, and review of staff reports, requests for proposals, and other department reports and correspondence.

Principal, Lorraine Mendez & Associates
July 2012 – 2016: City of Burbank
• Prepared CDBG Procedures Manual as required by HUD.

Sub-Consultant on Various Assignments
January 2007 – May 2009: Cities of Bakersfield, Burbank, Indio, Garden Grove, Santa Clarita
• July 2014 – 2016: Assisted GRC Associates with the development of the City of Bakersfield’s Consolidated Plan, Annual Action Plan, Citizen Participation Plan, and Analysis of Impediments to Fair Housing Choice reports.
• September 2012 – March 2014: Assisted Karen Warner Associates with the development of Burbank’s Consolidated Plan using the new eCon Planning Suite, and the Analysis of Impediments to Fair Housing Choice reports.
• January 2009 – May 2009: Assisted Castaneda & Assoc with development of Indio’s 2009 - 2013 Consolidated P lan and 2009 -2010 Annual Action Plan using both a written plan submission and HUD’s Consolidated Plan Management Process (CPMP). • August 2008 – February 2009 : Assisted Solomon & Associates with the monitoring of affordable housing agreements of the Garden Grove Redevelopment Agency to ensure compliance with Federal HOME regulations.
• January 2007 – June 2007: Drafted City of Santa Clarita’s 2007 Annual Action Plan.

Administrative Analyst II
October 2000 – June 2005: Community Development Department, City of Burbank • Division manager for Community Development Department Administration Division • Coordinated budget for Department including General Fund, Special Revenue, Housing Authority, Redevelopment, CDBG, HOME, and CIP funds.
• Chaired the Budget Action Team (BAT), an intra -divisional committee responsible for recommending cost-reduction plans to include streamlining business processes, increasing revenues, and finding technological solutions to common business practices. • Prepared Housing and Redevelopment Division budget for 3 fiscal years. • Assisted in preparation of Annual HCD Report, Implementation Plan, State Controllers Report and other State and Federal mandated reports including gathering census data on population, ethnicity, households, housing occupancies, and income demographics.

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 8 SECTION 4 – KEY PERSONNEL

Lorraine Mendez & Associates is proposing to provide one staff person for the development of the aforementioned Annual Action Plan’s, CAPER, and other tasks as needed to implement the CDBG and HOME program s. Should additional support be needed, LM&A is able to provide supplementary staffing to assist with the contract services.

Ms. Mendez will assume responsibility for requested assignments pursuant to the scope of work with reliance on city staff to perform administrative support functions , such as p ublic and community meetings and presentations related to the adoption of the Plans. Ms. Mendez will provide all written Plans, staff reports, and public notices.

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 9 SECTION 5 – CLIENT REFERENCES

References for Lorraine Mendez
City of Westminster

Contact Information : A dolfo Ozaeta , Assistant City Man ager (714) 548 -3674, [email protected]

Description of Services Provided : Management and implementation of CDBG and HOME programs, including entire scope of services listed in this proposal.

Dates of Work Performed: 2010 to Present

City of Huntington Beach

Contact Information: Ursula Luna-Reynosa, Director of Community Development, (714) 374-1519. [email protected]

Description of Services Provided : Annual Action Plan, CAPER, Amendments, IDIS, CDBG Monitoring, Environmental Review Records, Technical Assistance.

Dates of Work Performed: 2013 to Present

City of Anaheim

Contact Information: Michelle Gallardo, Project Manager , (714) 765-4300 ext. 4826, [email protected]

Description of Services Provided: Assistance with CDBG, HOME, ESG, and HOPWA

Dates of Work Performed: March 2020 to Present

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 10 SECTION 6 – COST PROPOSAL

Lorraine Mendez & Associates, LLC proposes to provide requested services set forth in this proposal up to the contract price of $60,000, plus reimbursable expenses. Pursuant to the City’s request, additional services are available and can be provided at an hourly rate, by an amendment to the original contract to add such services, or under a separate contact for such services.

Personnel Hourly Rate Average Weekly Hours
Lorraine Mendez $135/hour As Needed to complete
Substantial Amendments
and HOME-ARP
Allocation Plan
Lorraine Mendez $12,000 fixed fee for FY
2023/24 Annual Action
Plan

Lorraine Mendez $10,500 fixed fee for FY
2022/23 CAPER

Lorraine Mendez $12,000 fixed fee for FY
2024/25 Annual Action
Plan

The Consultant will not bill for overhead. The following expenses directly attributable to work performed under this agreement shall be reimbursed at cost:

• Contract management necessary to manage, assign, review, invoice, etc. work performed by subcontractors at City’s request. Typical time allotted to such tasks is approximately 4 hours per month.
• Printing and reproduction costs associated with document reproduction. • Mileage expenses at IRS rate, currently $.655 per mile; rate to be updated as necessary. • Other expenses related to document preparation.

Any subcontractors brought on to serve under contract with Lorraine Mendez & Associates will serve as independent contractors, not Lorraine Mendez & Associates’ employees. Subcontractors and Lorraine Mendez agree to the following rights consistent with an independent contrac tor relationship:

• Subcontractors have the right to perform services for others during the term of the Agreement.
• Subcontractors have the right to control and direct the means, manner and method by which the services required by the Agreement will be performed. • Lorraine Mendez & Associates shall not require Subcontractor to devote full time to performing the services required by the Agreement.

City of Baldwin Park| Proposal for AAP, CAPER, and Other HUD-Related Tasks 11 • Subcontractor is not eligible to participate in any employee pension, health, vacation pay, sick pay or other fringe benefit plan of Lorraine Mendez & Associates. • Subcontractors shall pay all income taxes and FICA (Social Security and Medicare taxes) incurred while performing under the Agreement.
• Subcontractors will maintain independent insurance as required by the City.

Authorized Signature:

Type Name: Lorraine M. Mendez

Title: Principal

Date: March 23, 2023

STAFF REPORT
ITEM NO. ___11___

TO: Honorable Mayor and Members of the City Council

FROM: Enrique C. Zaldivar, City Manager
Ron Garcia, Director of Community Development
DATE: April 5, 2023
SUBJECT: Amended and Restated Services Agreement to Provide Additional Funding in the amount $25,000 to a ssist Veterans and their Families with Home Rehabilitation in Partnership with Oath to Country Foundation (OTCF).

SUMMARY
Staff is requesting City Council consider approving an amended and restated services agreement with Oath to Country Foundation (OTCF) for an additional $25,000 from American Rescue Plan Act (ARPA) funds to continue home repair efforts to assist senior veterans, disabled veterans, widowed spouses of veterans and seniors.

RECOMMENDATION
It is recommended that the City Council authorize the Chief Executive Officer to execute an Amended and Restated Services Agreement with Oath to Country Foundation subject to any non -substantive changes made by the CEO and City Attorney and a uthorize the Director of Finance to appropriate funding and make the necessary budget adjustments.

FISCAL IMPACT
There is no impact to the General Fund. The City will provide additional funding in the amount of $25,000 for a revised total of $50,000 for this program utilizing ARPA grants from the Community Assistance programs with account # 275-40-741-51101-17519.

BACKGROUND
On June 6, 2022, the City Council approved a Grant Agreement to create a pilot program in partnership with Oath to Country Foundation. The pilot program envisioned home repairs of up to 6 homes to ensure a safe healthy living environment serving senior veterans, disabled veterans, widowed spouses of veterans and seniors who have difficulty maintaining their homes/properties.

OTCF has successfully completed 3 Baldwin Park home renovations in the amount of $16,906.27 with $8,093.73 remaining.

Oath to Country Foundation is a registered 501(C)(3) non- profit organization. OTCF’s mission is to foster a community of connectivity and collaboration with partnerships and volunteers to educate on, advocate for, and strengthen military veterans, and first responders with mental health and to provide resources for the ones that end up homeless, and raise awareness and prevention of suicide by alleviating the hardship of veterans

DISCUSSION
Oath to Country Foundation is requesting an amendment to the grant agreement for an additional $25,000 to repair the last home as part of the pilot program with the City of Baldwin Park. The home is of a combat Vietnam Veteran who is the owner of the two-bedroom, one bath single family home. OTCF indicated that the Veteran does not have any remaining family left to care for him since his wife passed away several years ago.

Below is a list of improvements necessary to restore the home to a safe and healthy environment:
- Install new roof
- Remove and replace wooden porch beams
- Remove and replace ceiling dry wall in areas of the home where water damage is visible - Remove and replace bedroom dry wall where water damage is visible - Remove and replace ceiling light fixtures where water damage is visible - Remove and replace damaged bathroom plumbing
- Lawn restoration
- Large trash overhaul inside and out the home
- Replace toilet
- Replace rotted kitchen sink
- Repair wrought iron gate in driveway
- Pressure wash disinfectant applied to outside of home - Purchase materials as necessary

ALTERNATIVES
The City Council may choose not to approve this Agreement.

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

ATTACHMENTS

1. Proposed Amended and Restated Services Agreement with Oath to Country Foundation

PAGE1of8

AMENDED AND RESTATED SERVICES AGREEMENT

THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF

BALDWIN PARK, A GENERAL LAW CITY AND OATH TO COUNTRY FOUNDATION (OTCF).

RECITALS

WHEREAS, on June 6, 2022 the City and OTCF entered into that certain Grant Agreement initiating the services described therein Grant Agreement; and

WHEREAS, the purpose of this Amended and Restated Services Agreement is to re-state the terms of the Original Agreement and increase the amount of the grant funds from $25,000 to $50,000.

WHEREAS, the City of Baldwin Park (hereinafter "City") will fund this grant to the OATH TO COUNTRY FOUNDATION (hereinafter "OTCF") with federal American Rescue Plan Act (ARPA) funds as a pilot program.

WHEREAS, the OTCF provides needed and valuable services to veterans of the City of Baldwin Park and the surrounding area.

WHEREAS, veteran and their families are in desperate need of home repairs including, but not limited to, landscaping, painting, outside wall repair and a variety of other home improvement services to ensure a safe and healthy living environment for veterans and their families.

WHEREAS, City and OTCF (hereinafter together as the "Parties") are entering into this Grant Agreement (hereinafter the "Agreement") in contemplation of the rehabilitation and repair of the homes in the City to ensure a safe and healthy living environment.

WHEREAS, by way of this Agreement, the Parties intend to establish their respective rights and obligations with regard to the use of monies provided by City for the rehabilitation and repair of the Subject Property.

WHEREAS, the Parties intend for this Agreement to govern the distribution and use of the Grant Funds to as great a degree as permitted by law.

WHEREAS, by way of this Agreement, the Parties intend to establish their respective rights and obligations with regard to the Grant Funds.

THEREFORE, in consideration of the mutual promises set forth hereafter, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

PAGE2of8

I.

EFFECTIVE DATE

This Agreement shall take effect upon being fully executed by the OTCF and the City and after having been approved by the City Council of Baldwin Park.

II.

GRANT FUNDS WILL BE DISTRIBUTED DIRECTLY TO OTCF

Any and all Grant Funds will be sent directly to OTCF by the City. OTCF is required to provide quarterly reports regarding the expenditure of the funds. OTCF should consult the City’s Community Development Department to ensure proper reporting criteria so that such reporting meets ARPA guidelines. City has the right to amend any reporting requirements as deemed necessary per ARPA guidelines. The quarterly reports are due 15 days after the end of each calendar quarter (April 15, July 15, October 15, and January 15).

III.

ACKNOWLEDGEMENT OF TAX STATUS

OTCF confirms that it is an organization that is currently recognized by the Internal Revenue Service (the "IRS") as a public charity under sections 501(c)(3) and/or 509(a)(l), (2), or (3) of the Internal Revenue Code (the "Code"), and OTCF will inform City immediately of any change in, or IRS proposed or actual revocation (whether or not appealed) of its tax status as described above.

IV.

AMOUNT OF GRANT FUNDS

Pursuant to the terms and conditions outlined in this Agreement, the City shall provide monies to OTCF for the rehabilitation of properties in Baldwin Park in an amount not to exceed fifty thousand dollars ($50,000.00) (hereinafter “Grant Funds”).

V.

USE OF GRANT FUNDS

The Grant Funds may be used only for the rehabilitation and repair and security of veteran owned homes in the City of Baldwin Park. The Grant Funds must be used for the repair, rehabilitation and security of the veteran owned homes to ensure a safe and healthy living environment and may not be expended for any other purposes. While City understands that the OTCF may participate in any activities it so desires, OTCF may not use any Grant Funds to lobby or otherwise attempt to influence legislation, to influence the outcome of any public election, to carry on any voter registration drive, or to engage in any act which is not actual repair, rehabilitation or security of designated veteran owned homes.

PAGE3of8
VI.

TIMING OF FUNDS TO BE USED

All Grant Funds must be used by December 31, 2023. However, an extension may be granted to OTCF for "good cause" showing at the sole discretion of the City of Baldwin Park Any extension must be in writing and must be signed by the Chief Executive Officer and/or the Mayor of the City of Baldwin Park Any extension of time will be granted based upon the same terms and conditions contained herein without further recital in the extension writing.

VII.

INDEMNITY BY OTCF TO THE CITY OF BALDWIN PARK

OTCF shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whethe r or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of OTCF’s negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions by OTCF, it’s agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees.

VIII.

INSURNACE

OTCF shall maintain insurance coverage in accordance with the following during the course of its performance hereunder:

(A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent OTCF’s liability) with the following minimum limits of liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000.

(B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non-owned automobiles with the following minimum limits of liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000.

(C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City.

(D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California.

(E) Prior to commencement of services hereunder, OTCF shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide:
(1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and PAGE4of8
Worker’s Compensation);
(2) The coverage provided shall be primary (with the exception of Professional Liability and Worker’s Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self- insurance maintained by City or its officials, officers, agents or employees shall be in excess of OTCF’s insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective.

(F) With respect to Workers’ Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by OTCF for City, and the insurer's agreement in this regard shall be reflected in the Workers’ Compensation Insurance endorsement.

IX.

SCOPE OF WORK AND ESTIMATED COST

OTCF will provide in writing to the City a full scope of any work to be performed and the estimated cost of the rehabilitation work.

X.

FINAL REPORT TO THE CITY

OTCF will provide to the City a Final Report once all funds are used.

XI.

INFORMATION FOR THE AUDIT

Upon request by the City, OTCF shall promptly provide any additional information necessary for the City to evaluate the use of the Grant Funds including, but not limited to tax documents.

OTCF shall have an accounting system or has designated a fiscal agent in accordance with requirements established by ARPA guidelines and practice nondiscrimination in the provision of assistance. Furthermore, OTCF shall comply with all applicable ARPA gu idelines and allow the City and/or a City representative to have reasonable access during regular business hours to files, records, accounts, or personnel that are associated with the keeping and the expenditure of the Grant Funds, for the purpose of making such financial reviews, verifications or evaluations as may be deemed necessary in the sole discretion of the City.

XII.

COMPLIANCE WITH LOCAL, STATE AND/OR FEDERAL REGULATIONS

The OTCF agrees to perform all work in compliance with the Baldwin Park Municipal Code, the laws of the State of California and all applicable local, State and federal laws.

XIII.

NO ESCROW

No escrow account is required.

PAGE5of8

XIV.

EXCESS FUNDS

Upon request by the City, OTCF shall return within 15 business days of the end of the term of this Agreement any and all unexpended Grant Funds remaining at the end of the term of this Agreement.

XV.

ANY DEFAULT BY OTCF

OTCF accepts responsibility for complying with this Agreement's terms and conditions and will exercise full control over the Grant Funds and the expenditure of the Grant Funds, except as expressly stated herein. In the event of a breach of the terms or conditions of this Agreement or a default of the terms of this Agreement, the City may request that OTCF return any or all of the Grant Funds immediately.

XVI.

INTENTION OF THE PARTIES

The Parties agree to be bound strictly by the terms set forth in this Agreement at all times, regardless of how their circumstances may change over time.

XVII.

DUTY OF GOOD FAITH BY THE PARTIES

The Parties agree to act in good faith and to deal fairly towards the other at all times and in all aspects of this Agreement, in accordance with the terms and conditions created between the Parties by this Agreement.

XVIII.

ADDITIONAL FURTHER DOCUMENTATION

The Parties agree to provide and execute any further documentation that may be necessary to give full force and effect to the provisions of this Agreement.

XIX.

THE HEADINGS IN THIS AGREEMENT

Headings are inserted for the convenience of the Parties only and will not have any bearing on the interpretation or meaning of this Agreement.

PAGE6of8
XX.

BINDING EFFECT OF THIS AGREEMENT

The covenants and obligations set forth in this Agreement shall be binding on and inure to the benefit of the heirs, executors, successors, legal representatives, and administrators, of each party to this Agreement.

XXI.

THE GOVERNING LAW OF THIS AGREEMENT

This Agreement shall be governed, construed, enforced, and interpreted by, though, and under, the laws of the State of California without regard to the present or future locations of each party's residence.

XXII.

THE SEVERABILITY OF THIS AGREEMENT

If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, it is the desire of both parties that any modifications made to these provisions by a court of competent jurisdiction be made only to the extent necessary to ensure that the provisions are enforceable, as determined by the reasonable judgment of the court.

Should any provisions in this agreement be invalid or unenforceable, those provisions shall have no bearing on the remaining provisions of the agreement. All other provisions will be valid and fully enforceable. Further, any partially unenforceable provisions will be enforced to the greatest extent possible.

XXIII.

INTEGRATION OF THIS AGREEMENT

This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. There are no other agreements, covenants, representations, warranties, expressed or implied, oral or written, in relation to the division of the party's assets, liabilities, and property other than the agreements set forth herein. All prior agreements, representations, covenants, and warranties, with respect to the subject matter hereof, are waived, merged, and superseded hereby.

This is an integrated agreement. Both parties contributed in the drafting of this Agreement.

XXIV.

TERMINATION OR AMENDMENT OF THIS AGREEMENT

This Agreement may only be terminated or amended if the termination or amendment is documented in writing and signed by both parties. Any purported termination or amendment of this Agreement shall be voluntarily made, and each party shall be entitled to a fair, reasonable, and full disclosure of the property or financial obligations of the other party, unless waived, and a reasonable time to seek independent counsel to review any documents and disclosures. This Agreement can only be terminated for a breach or default of this Agreement or by mutual agreement.

PAGE7of8
XXV.

SIGNED CONSENT FORM

OTCF agrees that it will secure a signed Consent Form, to be provided by the City, to each veteran homeowner who agrees to have work performed by OTCF on their home and provide such signed Consent Form before any work is to begin at any home.

PAGE8of8

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE EFFECTIVE DATE OF THE AGREEMENT. IF MORE

THEN ONE PARTY SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. BOTH PARTIES SHALL RECEIVE A FULL EXECUTED DUPLICATE OF THIS AGREEMENT.

The foregoing is agreed to by:

Date: April 5, 2023

CITY OF BALDWIN PARK

By:

Enrique Zaldivar, Chief Executive Officer

OATH TO COUNTRY FOUNDATION

By: ____________________________
Dr. Justin Gracieux, Founder/President

STAFF REPORT
ITEM NO. ____12____

TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
DATE: April 5, 2023
SUBJECT: Housing Element Progress Report 2022

SUMMARY
Consideration for City Council approval of the City’s Housing Element Progress Report for 2022, as required by the State of California Housing and Community Development Department (HCD).

RECOMMENDATION
It is recommended that the City Council receive and file the report and direct staff to forward copies to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).

FISCAL IMPACT
There is no fiscal impact resulting from this item.

BACKGROUND
Government Code Section 65400 requires an annual report be submitted to the City Council, the OPR, and the HCD. This report is to address the status of the City’s General Plan and progress on tis implementation, the progress in meeting the City’s share of regional housing needs, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing.

The Housing Element is one of the seven mandatory elements required for the City’s General Plan, and it specifies way s in which housing needs of existing and future resident populations can be met. State law requires that each city and county update their Housing Element on a pre- determined cycle.

The 2014-2021 Housing Element is comprised of five sections: (1) Needs Assessment; (2) Housing Constraints; (3) Housing Resources; (4) Review of previous Accomplishments from the 2014- 2021 Housing Element; and (5) the Housing Plan. The City’s Regional Housing Needs Allocations are summarized in Table #1 below by income level. The number of units assigned to Baldwin Park for the 2021-2029 period was 2,001 housing units. It should be noted that the city is not required to construct these units, but rather plan for them through the Zoning Code development standards and the Housing Programs adopted as part of the 2021-2029 Housing Element.

TABLE #1

CITY’S REGIONAL HOUSING NEEDS ALLOCATION 2021-2029

INCOME GROUP % OF COUNTY
MFI*

NUMBER OF
UNITS

PERCENTAGE OF TOTAL
UNITS
Above-Moderate Income 120%+ 887 44.3%

Moderate Income 81-120% 263 13.1%
Low Income 51-80% 275 13.7%
Very Low Income 0-50% 576 28.7%
TOTAL 2,001 100%

The Housing Element Annual Progress Report (Attachment #1), is comprised of several tables, and summarizes activity that took place during the 2022 calendar year. Activity includes Housing Development Applications Submitted (summarized in Table #2 below), Annual Building Activity for new construction including ent itled, permits, and completed units, Regional Housing Needs Allocation Progress for permitted units issued by affordability, and Program Implementation Status. In 2022, building permits were issued for 11 new housing units; 11 were comprised of Above-Moderate Income Accessory Dwelling Units (ADU).

TABLE #2
BUILDING ACTIVITY 2022—NEW CONSTRUCTION

INCOME GROUP
% OF
COUNTY
MFI*

NUMBER OF NEW PERMITS

ISSUED BY

AFFORDABILITY

TOTAL UNITS

REMAINING BY

INCOME LEVEL
Above-Moderate
Income 120%+ 11 838
Moderate Income 81-120% 0 263
Low Income 51-80% 0 275
Very Low Income 0-50% 0 576
TOTAL 11 1,952

Pursuant to California Government Code Section 65400, local governments shall prepare and provide an annual report on the progress of the City’s Housing Element for the previous calendar year to the City Council, Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD).

LEGAL REVIEW
None required

ATTACHMENTS

1. Housing Element Progress Report for the 2022 Calendar Year

STAFF REPORT
ITEM NO. _____13_____

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
Ron Garcia, Director of Community Development
Imelda Delgado, Housing Manager
DATE: April 5, 2023
SUBJECT: POTENTIAL PARTNERSHIP WITH CHIRLA (Coalition of Humane Immigrant Rights of Los Angeles) For Administrative and Legal Assistance for Tenants and Landlords in the City of Baldwin Park

SUMMARY
With Governor Newsom’s Emergency Order for COVID -19 of March 4, 2020, several provisional regulations pertinent to residential rental agreements went into effect. Some of the most significant regulations were a moratorium on evictions for non-payment of rent; a moratorium on evictions for no- fault evictions; a nd a moratorium on rent increases . The Governor’s Emergency Order ended on February 28, 2023. The County Board of Supervisors extended their own Emergency Order which has jurisdictional authority over the cities in the County thru March 31, 2023. City Staf f is in negotiations with CHIRLA to assist the City with addressing and resolving issues between tenants and landlords inherent to the application of state, county, and local regulations.

RECOMMENDATION
It is recommended that the City Council

1. Receive and file this Staff Report in as much as it is for information only.

FISCAL IMPACT
Negotiations with CHIRLA are at the preliminary stage. CHIRLA has a multiplicity of pre-existing funding sources that they have indicated they can leverage for the benefit of residents throughout the County of Los Angeles, and at no cost to the City. However, we are also looking to include a dedicated service component specifically for the City of Baldwin Park which will be at a cost to be paid by the General Fund.

BACKGROUND
In October of 2021, the City retained the services of the Neighborhood Legal Services of Los Angeles County (NLSLA) to assist tenants and landlords in resolving disputes on the applicati on of regulations under the COVID-19 Emergency Orders and other regular rent regulations. NLSLA partnered with other public interest organizations like LA Voice to more effectively reach out to the rental community.

The contract agreement with NLSLA was funded by a $50,000 public service grant by the Department of Housing and Urban Development (HUD)- CDBG Covid-19 allocation. NLSLA contract expired at the end of February 2023.

DISCUSSION
Having the capacity and abi lity to provide assistance to tenants and landlords in ensuring that their contractual relationship is in compliance with state, county, and local regulations, is a priority for the City Council. For many tenants, a large portion of their income goes towar d paying the rent, and any increase can often times can affect their ability to afford the rent. Similarly, landlords play a crucial role in providing available rental housing stock for the city’s tenant community. Ensuring that this rental relationship is conducted in conformance with the applicable regulations is where the City plays an important role.

Staff is working a prospective partnership with CHIRLA to help the City in providing assistance to tenants and landlords in interpreting and correctly applying the regulations. Assuming that the negotiations with CHIRLA are successful, Staff anticipates presenting a recommendation to City Council within thirty days

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

ATTACHMENTS

1. None

STAFF REPORT
ITEM NO. _____14_____

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
DATE: April 5, 2023
SUBJECT: Adoption of Resolution No. 2023 -006 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations.

SUMMARY
City Council official representation in several agencies and organizations where the City is a Member by action of the City Council where representatives and alternates are appointed by the City Council by Resolution. The 2023-2025 resolution is herein presented for approval.

RECOMMENDATION
It is recommended that the City Council nominate and appoint by a roll-call vote the official designated representatives and alternates and adopt Resolution No. 2023- 006, the names of selected delegates will be added to the Resolution in a final format with the certified votes and appropriate signatures.

FISCAL IMPACT
None.

BACKGROUND
Maintaining an active and participatory engagement in regional government affairs is paramount to the furtherance of the business interest of the City. Sharing and learning of best practices in city government is part and parcel of the participation in the many organizations that the City is a member in good standing. The City is a member of regional government districts like the LA County Sanitation Districts and the San Gabriel Valley Mosquito and Vector Control District where our membership is obligatory.

DISCUSSION
One new organization is added to the list of organizations: the Community Collaborative Committee, a joint committee made up of the City of Baldwin Park and the Baldwin Park Unified School District (BPUSD). In previous years, this group had been unofficial ly referred to as the 2 plus 2 Committee. It had been mostly dormant for the last three years, it is the intent of both entities to fully reactivate it with so many areas of collaboration and mutual interests at hand, under the official name of the Community Collaborative Committee (CCC). While the City had participated in it in the past, the official designation of the City Council delegates had not been included in the resolution, until now. This Committee is itemized as Section 14., the listed appointees , Councilmember Damian as Representative and Mayor Estrada as Alternate were approved and appointed as Resolution No. 2023-003 at the March 15, 2023 City Council meeting by a 4-0 Vote.

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

ATTACHMENTS

1. Resolution No. 2023-006 Official Representatives and Alternates for 2023-2025.

RESOLUTION NO. 2023-006

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN

PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND

ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY

WHEREAS, it is the Council’s desire to review and/or amend the existing appointments; and

WHEREAS, Resolution No. 2020-0 65 adopted December 16, 2020 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. Resolution No. 2023-003 Section 14 was adopted February 15, 2023.

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

Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association – Quarterly luncheon held in various locations (MEMBERS RECEIVE A STIPEND – NO)

Existing Appointees New Appointees
Representative: Council Member Paul C. Hernandez
Alternate: Mayor Emmanuel J. Estrada

Section 2. The City Council of the City of Baldwin Park does hereby a ppoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 – 4th Wednesday at 1:30 p.m.; Joint Administration Office
(MEMBERS RECEIVE A STIPEND – $125 per meeting)

Existing Appointees New Appointees
Representative: Mayor Emmanuel J. Estrada
Alternate: Council Member Monica Garcia
*Appointment of Mayor required by Sanitation District

Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of t he League of California Cities – Los Angeles County Division – 1st Thursday at 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND – NO)

Existing Appointees New Appointees
Representative: Council Member Alejandra Avila
Alternate: Council Member Daniel Damian

Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area “D” General Membership Meeting – 3rd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND – NO)

Existing Appointees New Appointees
Representative: Chief of Police Chief of Police
Alternate: Mayor Emmanuel J. Estrada

Section 6. The City Council of the City of Baldwin Park does hereby appoint the following p ersons as representative and alternate members of the Independent Cities Association – 2nd Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND – NO)

Existing Appointees New Appointees
Representative: Council Member Paul C. Hernandez
Alternate: Council Member Alejandra Avila

Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority – As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND – $150 per meeting)

Existing Appointees New Appointees
Representative: Council Member Daniel Damian
Alternate: Chief of Police Chief of Police

Section 8. The City Counc il of the C ity of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County – City Selection Committee – As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND – NO)

Existing Appointees New Appointees
Representative: Mayor Emmanuel J. Estrada
Alternate: Council Member Monica Garcia
*Appointment of Mayor required by State Law

Section 9. The City Council of the City o f Baldwin Park does hereby appoint the following persons as repr esentative and alternate memb ers of the Southern California Association of Governments – Annual Conference in the month of May (MEMBERS RECEIVE A STIPEND – NO)

Existing Appointees New Appointees
Representative: Council Member Monica Garcia
Alternate: Council Member Paul C.

Hernandez

Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone – Last Friday of the Month at 7:45 a.m.; Foothill Transit Administrative Offices (MEMBERS RECEIVE A STIPEND – $161 per meeting)

Existing Appointees New Appointees
Representative: Council Member Daniel Damian
Alternate: Mayor Emmanuel J. Estrada

Section 11. The City Council of the City of Baldwin Park does hereby appoi nt the following persons as representative an d alternate members of the California Contract Cities Association (CCCA) – 3rd Wednesday at 6:00 p.m. in various locations (MEMBERS RECEIVE A STIPEND – No)

Existing Appointees New Appointees
Representative: Council Member Monica Garcia
Alternate: Mayor Emmanuel J. Estrada

Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Gover ning Board of the San Gabriel Valley Mosquito and Vector Control District –2nd Friday at 10:00 a.m. in the District Office
(MEMBERS RECEIVE A STIPEND – $100 per meeting)

Existing Appointees New Appointees
Representative: Mayor Emmanuel J. Estrada

Alternate:
*Not required

Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments – 3rd Thursdays at 4:00 p.m. at the Foothill Transit Office (MEMBERS RECEIVE A STIPEND – $75 per meeting)

Existing Appointees New Appointees
Representative: Mayor Emmanuel J. Estrada
Alternate: Council Member Danny Damian

Section 14. The City Council of the City of Baldwin Park does he reby appoint the following persons as representative and alternate members of the Community Collaborative Committee – City of Baldwin Park and the Baldwin Park Unified School District – Meets on As Needed Basis (MEMBERS RECEIVE A STIPEND – NO)

Existing Appointees New Appointees
Representative: Reactivate Committee Councilmember Daniel Damian Alternate: Reactivate Committee Mayor Emmanuel J. Estrada *New Appointees were appointed and adopted at the February 15, 2023 Council meeting by a 4-0 Vote.

Section 15. That the City Clerk shall certif y to the adoption of this Resolution and shall forward copies hereof to said committees and organizations.

PASSED, APPROVED, AND ADOPTED this 5th day of April, 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 do hereby cer tify that the foregoing Resolution No. 2 023-006 was duly adopted by the City Council of the Cit y of Baldwin Park at a regular meeting thereof held on April 5 , 202 3 and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: C OUNCIL MEMBERS:

CHRISTOPHER SAENZ

CITY CLERK

STAFF REPORT
ITEM NO. ___15____

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: April 5, 2023
SUBJECT: Consider Approval of Professional Service Agreement with EcoTech Services, Inc. and The Home Depot, Inc. for the High Efficiency Toilet & Shower Head Replacement Program.

SUMMARY
This item will approve and authorize the award of a Professional Service Agreement (PSA) for the High Efficiency Toilet & Shower Head Replacement Program, in an amount not-to-exceed $600,000.00. The program consists of replacing up to 1500 high efficiency toilets and 1500 high efficiency shower heads.

The City will be partnering with the Upper San Gabriel Valley Municipal Water District (USGVMWD), Metropolitan Water District (MWD) and Valley County Water District (VCWD) to replace old fixtures with new water efficient fixtures to qualifying Baldwin Park residents at no cost to them. The program will include a water smart home kit with new shower head provided by USGVWD and program rebates from MWD and VCWD to offset the cost of the program.

RECOMMENDATION
It is Staff’s recommendation that the City Council:

1. Approve a Professional Services Proposal from EcoTech Services, Inc. of Azusa, CA, in the not- to-exceed amount of $450,000 for the High Efficiency Toilet & Shower Head Replacement Program and authorize the Mayor and City Clerk to execute the agreement; and,

2. Approve a materials procurement quote from The Home Depot, Inc. of Baldwin Park, CA, in the not-to-exceed amount of $150,000 for the High Efficiency Toilet & Shower Head Replacement Program and authorize the CEO and staff to negotiate a procurement agreement that fits the project budget to be executed by the Mayor and City Clerk; and,

3. Authorize the Director of Finance to appropriate $600,000 from ARPA Funds to Account # 275- 50-755-58100-55026 and to make the necessary budget adjustments.

FISCAL IMPACT
There is no impact to the General Fund. Funds for the High Efficiency Toilet & Shower Replacement program will come from Fund #275 – American Rescue Plan Act (ARPA) through the community set- aside allocated portion. The following table lists the estimated cost for the program:

Program Costs Amount
The Home Depot, Inc. not-to-exceed $150,000.00
EcoTech Services, Inc. not-to-exceed $450,000.00
Total Program Budget $600,000.00

Requested Funds Amount
ARPA – Fund # 275-50-755-58100-55026 $600,000.00
Total Funding $600,000.00

BACKGROUND
In 2009 state legislation, Senate Bill X7- 7, requires all water suppliers increase water use efficiency.

The legislation set an overall goal of reducing per capita urban water use by 20%. And i n an effort toward that goal, the City has established a High Efficiency Toilet & Shower Head Replacement Program. As part of the program, the City is proposing to purchase and install approximately 1,500 new high efficiency toilets and showerheads to replace older and inefficient toilets and shower heads for qualifying residents (tenants, homeowners, and landlords) interested in doing so. The City will offer the units and their installation at no cost to them . The City has also partnered with loc al water purveyors and districts who have committed to providing fixtures and rebates for the program.

The program has the potential for significant water savings over the next 10 years, for example, a new high efficiency toilet can save approximately 170,820 gallons during the life of the unit (estimated at 3 people x 3 flushes/person/day from 6 gallons to 0.8 x 10 years) with minimal or no loss in performance depending on use. In addition to toilets, the program will also offer low-flow, water efficient showerhead units. Older showerheads use about 5 gallons of water per minute while newer ones can use 2.5 gallons. The proposed showerhead fixture for the program is rated at 1.5 gallons per minute. The potential water savings for this unit are approximately 87,600 to 306,600 gallons (estimated at 3 people x 8-minute shower x 365 days a year x 1 gallon per minute savings or 3.5 gallons per minute savings x 10 years). In addition to saving water, these low flow devices have added environmental benefits such as lessening the amount of wastewater flowing into treatment plants.

DISCUSSION
On January 19, 2022, Mayor Estrada requests City Council discussion and direction on citywide toilet replacement.

On February 8, 2022, a Request for Proposals (RFP) was advertised by the City of Baldwin Park, inviting proposals for the purchase and installation of high efficiency toilets and new shower heads.

On Feb 28, 2022, the City received proposals from The Home Depot, Inc. of Baldwin Park, CA. and from EcoTech Services, Inc. of Azusa, CA. Upon review of the proposals, staff determined that EcoTech Services was the most experienced firm for installation of the fixtures while The Home Depot, Inc. provided the best price for fixtures. Staff determined that it will be in the best interest of the City to purchase the fixtures from The Home Depot, Inc. and retain EcoTech Services, Inc. for the installation to save cost. In October 2022, the City reached out to both firms to revise and resubmit their proposals according to the revised scope for each.

In November 2022, the City received revised proposals from both EcoTech Services, Inc. and The Home Depot, Inc. accordingly. Staff reviewed the proposals and based on the review, determined the most effective and cost savings approach would be move forward with both firms.

On December 21, 2022, City Council held back the approval of the agreement with EcoTech Services and The Home Depot and directed staff to reach out to the various water companies in an effort to seek strategic partnerships and find ways to cooperative and contribute to the program. On January 26, 2023, City Staff held a meeting with several water companies to gauge their willingness in partnering with the City and join the program . Per the outcome of the meeting, t he following items were agreed upon:

1. The Metropolitan Water District of Southern California (MWD) will provide $40 per toilet through their SoCal Water Smart rebate program.

2. Valley County Water District will match rebate funding awarded by MWD ($40/toilet) for each toilet replaced in their service area for a maximum contribution of $50,000.

3. Upper San Gabriel Valley Municipal Water District will provide a water smart home kit worth $250. This kit is filled with variety of water conservation and leak detection items, including showerhead, shower start, rainbird nozzles, rainbird pressure regulated sprinklers, sink aerator, toilet supply line and more. And since the kit is providing the shower head as part of the kit, the City will save $23.98 per shower head or approximately $42,000 lieu of purchasing the units.

4. The City of Baldwin Park agreed to change the proposed toilet rated at 1.28 gallons per flush with a unit that meets the maximum requirement of 1.1 gallons per flush.

5. EcoTech agreed to reduce their installation cost from $250 per toilet to $225, for a savings of $25 per toilet.

If approved, the High Efficiency Toilet and Shower Head Replacement program is expected to launch in June 2023 and continue through December 2024 while supplies last. In order to reach as many residents as possible the launch will be accompanied by a sizeable marketing effort that includes publishing on the City’s social media outlets, the Baldwin Park Now newsletter, City website, bus shelter kiosks, and an explainer video promoting the program.

ALTERNATIVES

1. The City Council may choose not to approve the program, reject all proposals and quotes, and re-circulate an RFP. This action is not recommended as new round of RFP’s will delay the implementation of the program and may result in increased costs.

2. Provide Staff with alternate direction.

CEQA REVIEW
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 change 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 statutor ily 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.

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

ATTACHMENTS

1. Draft Professional Service Agreement with EcoTech Services, Inc. based on final proposal

2. The Home Depot, Inc. Quote.

AGREEMENT FOR SERVICES
This Agreement is entered into this 5th day of April 2023 by and between the City of Baldwin Park (“CITY”) and EcoTech Services. Inc. (“SERVICE PROVIDER”).

RECITALS
CITY has determined that it requires the following professional services from a SERVICE PROVIDER: EcoTech Services. Inc.

A.

SERVICE PROVIDER represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. SERVICE PROVIDER further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement.

B.

NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and SERVICE PROVIDER agree as follows:

1. DEFINITIONS
Scope of Services”:
attached hereto and incorporated herein by this reference.

Such professional services as are set forth in Exhibit AA.

Approved Fee Schedule”: Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.

B.

C. Commencement Date”: April 5. 2023
Expiration Date”: December 31, 2024D.

2. SERVICE PROVIDER’S SERVICES
Scope of Services. Subject to the terms and conditions set forth in this Agreement, SERVICE PROVIDER shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed.

Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

Time for Performance. SERVICE PROVIDER shall commence the services on the Commencement Date and shall perform all services in conformance with the project timeline set forth. This project shall be completed by December 31, 2024.

Standard of Performance. SERVICE PROVIDER shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. SERVICE PROVIDER shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.

A.

B.

C.
1 3. REPRESENTATIVES
City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be the Director of Public Works, (hereinafter the “City Representative”). It shall be SERVICE PROVIDER’S responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and SERVICE PROVIDER shall refer any decisions which must be made by CITY to the City Representative.

Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

A.

SERVICE PROVIDER Representative. For the purposes of this Agreement, is hereby designated as the principal and representative of SERVICE PROVIDER authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith (the “Responsible Principal”). The Responsible Principal may not be changed by SERVICE PROVIDER without the prior written approval of CITY.

B.

4. SERVICE PROVIDER’S PERSONNEL
SERVICE PROVIDER represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by SERVICE PROVIDER or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.

A.

SERVICE PROVIDER shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY.

In the event that the CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by SERVICE PROVIDER to perform services pursuant to this Agreement, SERVICE PROVIDER shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

B.

C.

SERVICE PROVIDER shall be responsible for payment of all employees’ and subservice Providers’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

Permits and Licenses. SERVICE PROVIDER shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license.

D.

E.
2 5. FACILITIES AND EQUIPMENT
Except as otherwise authorized by CITY in writing, SERVICE PROVIDER shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

6. TERMS OF AGREEMENT
This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein.

7. COMPENSATION
CITY agrees to compensate SERVICE PROVIDER for the services provided under this Agreement, and SERVICE PROVIDER agrees to accept in full satisfaction for such services, a sum not to exceed Four Hundred Fifty Thousand ($450.000) payable as earned during the Project in accordance with Exhibit B. The compensation payable hereunder includes all professional services. Payments shall be made in accordance with Section 8 herein. CITY shall not withhold applicable federal or state payroll or any other required taxes, or other authorized deductions from each payment made to SERVICE PROVIDER. No claims for compensation in excess of the not- to-exceed amount for the Project as shown in Exhibit B will be allowed unless such additional compensation is authorized by CITY in writing. All requests for compensation in excess of the not-to-exceed amount must be submitted to and approved by the City Representative.

The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

A.

B.

Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope set forth in Exhibit A will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services.

Additional services, if any are authorized, shall be compensated on a time and materials basis using SERVICE PROVIDER’S Approved Fee Schedule (Exhibit A). Fees for such additional services shall be paid within thirty (30) days of the date SERVICE PROVIDER issues an invoice to CITY for such services.

C.

8. METHOD OF PAYMENT
SERVICE PROVIDER shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back­ up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY’s prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify SERVICE PROVIDER in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. 3 9. OWNERSHIP OF WORK PRODUCT
All reports, documents or other written material (“written products”) developed by SERVICE PROVIDER in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. SERVICE PROVIDER may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by SERVICE PROVIDER.

10. TRAVEL REIMBURSEMENT
Travel required by SERVICE PROVIDER or any SUBSERVICE PROVIDER or subcontractor pursuant to this Agreement shall not be a reimbursable expense.

11. INDEPENDENT CONTRACTOR
SERVICE PROVIDER will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute SERVICE PROVIDER as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and SERVICE PROVIDER.

12. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by SERVICE PROVIDER or provided for performance of this Agreement are deemed confidential and shall not be disclosed by SERVICE PROVIDER without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITY upon the termination of this Agreement.

SERVICE PROVIDER'S covenant under this Section shall survive the termination of this Agreement.

13. CONFLICTS OF INTEREST
SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with SERVICE PROVIDER in connection with this project. SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

SERVICE PROVIDER agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that SERVICE PROVIDER executes in connection with the performance of this Agreement.

14. INDEMNIFICATION
To the full extent permitted by law, SERVICE PROVIDER shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury A.
4 to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

The parties understand and agree that the duty of SERVICE PROVIDER to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

SERVICE PROVIDER’S obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

SERVICE PROVIDER expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers.

B.

C. SERVICE PROVIDER agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. In the event SERVICE PROVIDER fails to obtain such indemnity obligations for the benefit of CITY, SERVICE PROVIDER agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

CITY does not, and shall not, waive any rights that it may possess against SERVICE PROVIDER because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

SERVICE PROVIDER agrees that SERVICE PROVIDER’S covenant under this Section shall survive the termination of this Agreement.

D.

SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall fully comply with the workers’ compensation laws regarding SERVICE PROVIDER and SERVICE PROVIDER’S employees. SERVICE PROVIDER further agrees to indemnify and hold CITY harmless from any failure of SERVICE PROVIDER to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER’S failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

E.
5 15. INSURANCE
SERVICE PROVIDER shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

A.

1. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

Worker’s Compensation insurance as required by the State of California.

Professional Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence.

SERVICE PROVIDER shall require each of its sub-SERVICE PROVIDERS or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

2. 3.

4. B.

The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

C.

SERVICE PROVIDER agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at SERVICE PROVIDER’S expense, the premium thereon.

Prior to commencement of work under this Agreement, SERVICE PROVIDER shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

D.

E.

SERVICE PROVIDER shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

F.

The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. SERVICE PROVIDER agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail G.
6 written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

The insurance provided by SERVICE PROVIDER shall be primary to any other coverage available to CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of SERVICE PROVIDER’S insurance and shall not contribute with it.

H.

All insurance coverage provided pursuant to this Agreement shall not prohibit SERVICE PROVIDER, and SERVICE PROVIDER’S employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. SERVICE PROVIDER hereby waives all rights of subrogation against CITY.

Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, SERVICE PROVIDER shall either reduce or eliminate the deductibles or self- insured retentions with respect to CITY, or SERVICE PROVIDER shall procure a bond guaranteeing payment of losses and expenses.

If SERVICE PROVIDER is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

I.

J.

K.

Procurement of insurance by SERVICE PROVIDER shall not be construed as a limitation of SERVICE PROVIDER’S liability or as full performance of SERVICE PROVIDER’S duties to indemnify, hold harmless and defend under Section 14 of this Agreement.

L.

16. MUTUAL COOPERATION
CITY shall provide SERVICE PROVIDER with all pertinent data, documents and other requested information as is reasonably available for the proper performance of SERVICE PROVIDER’S services.

A.

In the event any claim or action is brought against CITY relating to SERVICE PROVIDER’S performance in connection with this Agreement, SERVICE PROVIDER shall render any reasonable assistance that CITY may require.

B.

17. RECORDS AND INSPECTIONS
SERVICE PROVIDER shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

18. TERMINATION OF AGREEMENT
CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days’ written notice to SERVICE PROVIDER. SERVICE PROVIDER shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar A.
7 days' written notice to CITY. SERVICE PROVIDER agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY.

In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by SERVICE PROVIDER, SERVICE PROVIDER shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall SERVICE PROVIDER be entitled to receive more than the amount that would be paid to SERVICE PROVIDER for the full performance of the services required by this Agreement.

B.

19. FORCE MAJEURE
SERVICE PROVIDER shall not be liable for any failure to perform if SERVICE PROVIDER presents acceptable evidence, in CITY’s sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of SERVICE PROVIDER.

20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during SERVICE PROVIDER’S and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to SERVICE PROVIDER:

Attn: Sam Gutierrez Attn: Malcolm McLaren
Director of Public Works President
City of Baldwin Park EcoTech Services. Inc.
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Telephone: (626) 813-5251
e-mail: [email protected]
816 N. Todd Ave.

Azusa, CA 910702
Telephone: (626) 733-2056
[email protected]
With a courtesy copy to:

Marco A. Martinez, City Attorney
Best Best & Krieger LLP
18101 Von KarmanAve.

Irvine, CA, 92612
Telephone: (949) 263-6582
NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY 21.

In the performance of this Agreement, SERVICE PROVIDER shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. SERVICE PROVIDER will take 8 affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

22. PROHIBITION AGAINST ASSIGNMENT
SERVICE PROVIDER shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’S prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than SERVICE PROVIDER.

23. ATTORNEY’S FEES
In the event that CITY or SERVICE PROVIDER commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

24. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and SERVICE PROVIDER with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and SERVICE PROVIDER.

25. GOVERNING LAW; JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California.

26. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
9 28. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

ECOTECH SERVICES, INC. CITY OF BALDWIN PARK
By, By:

Malcolm Me
President
Emmanuel J. Estrada
Mayor, City of Baldwin Park
:n
VgJ?/27Date: Date:

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Marco A. Martinez
City Attorney
Date: Date:
10 Shirley Quiñones
Chief Deputy City Clerk
Customer Quote
2/08/2023, 11:25 AM PST
Sales Person AVO1Q58 Store Phone # (626) 813-7131
Store # 6663 Location 3200 PUENTE AVENUE, BALDWIN PARK, CA 91706 | We reserve the right to limit the quantities of merchandise sold to customers.Page 1 of 1 Customer Information

ROMANY BASILYOUS
(323) 472-0716
[email protected]

CITY OF BALDWIN PARK
14403 PACIFIC AVE
BALDWIN PARK, CA 91706
Quote # H6663-225821
mro toiletsPO / Job Name
Delivery

Delivery Address
816 N Todd Ave
Azusa, CA 91702

Delivery Options
HD Supply MRO

Delivery Date
5 Days
Item Description Model # SKU # Unit Price Qty Subtotal

Niagara Stealth 2-piece 0.8 GPF Ultra-High-Efficiency
Single Flush Elongated Toilet in. White, Seat Included

DISCOUNT $21.00 OFF EACH

DISCOUNT $19.00 OFF EACH
1001263564 $210.00 / each
$170.00 / each
1500 $255,000.00
Prices Valid Through: 02/15/2023
at The Home Depot #6663
Subtotal $315,000.00
Discounts -$60,000.00
Sales Tax $26,137.50
Quote Total $281,137.50

STAFF REPORT
ITEM NO. ___16____

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: April 5, 2023
SUBJECT: Fiscal Year 2022-23 Mid-Year Budget Presentation

SUMMARY
The purpose of this report is to provide City Council with the mid- year budget performance and a projection for the remainder of the fiscal year.

RECOMMENDATION
It is recommended that the City Council 1. Review the mid- year analysis and approve the mid -year revenue and expenditure projections for the fiscal year ending June 30, 2023, and 2. Authorize the Director of Finance to complete all necessary budget amendments and appropriations.

FISCAL IMPACT
Based on the projections, the total General Fund revenues will be $38,448,748 and expenditures will be $38,406,122. The General Fund revenue exceeds expenditures resulting in an estimated surplus of $42,626. The General Fund revenue is projected to increas e by $4,055,523 from the original adopted budget and expenditures to increase by $4,090,386. The total Special Revenue and Other Funds revenues will be $70,454,615 and expenditures will be $92,419,445 which includes all capital improvement projects and ARPA funded projects.

BACKGROUND
A mid-year budget review is a tool that provides City Council and staff an opportunity to review the status of the current budget and determine if any mid-course adjustments are necessary. Additionally, the City’s Fiscal Accountability Policy states that a mid- year budget review is to be prepared by staff and presented to the City Council. The mid- year budget report estimates the revenues, expenditures, and projected fund balances at the end of the fiscal year ending June 30, 2023.

The original adopted General Fund revenues were $34,393,225 and are revised to $38,448,748. Based on better -than-expected revenues received as of March 2023, we project the total revenues will increase by $4,055,523. The increases in revenues are mainly from sales tax, property tax, property tax in lieu of VLF, vehicle license fees, construction related permit fees and engineering fees. The increase includes a one-time transfer-in of $1,825,000 from BPROUD to reimburse the General Fund for prior expenses. There is a projected decrease of $430,275 transfer-in from cannabis fees.

The original adopted General Fund expenditures were $34,315,735 and are revised to $38,406,122 with an increase of $4,090,386. The increases in expenditures are mai nly from adding additional staff and part-time wage adjustments for operational needs, bringing back events and providing assistance to the residents and community. In addition, the City also unfroze seven police officers and added more staff to the police department to a safer community. The other increases included costs related to the Measure BP ballot initiative and increase in fees from Los Angeles County Animal Control.

In this mid-year presentation, we have also included a budget for capital improve ment projects (CIP).

Detail of updates will be presented to the City Council.

The Executive Team and City staff will continue to monitor and control expenditures and strive to seek additional revenues. We will continue to provide assistance to the City Council as we work together towards a better future for the citizens and business owners of Baldwin Park.

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

ATTACHMENTS

1. Fiscal Year 2022-2023 Projected Fund Balance at June 30, 2023 (including projected revenues and expenditures)

Unaudited 2023 2023 2023 2023 Projected
Fund Balance Projected Projected Projected Projected Fund Balance Fund Fund Description 06/30/ 2022 Revenues Transfers In Expenditures Transfers Out 06/30/2023 General Fund:
100 General Fund 41,268,384 36, 033,248 2,415,500 37,468,297 937,825 41 ,311,010 200 Future Development Fund 5,871,365 52,360 95,029 1,750,381 - 4,268,373 210 Community Enhancement Fund 215,029 100,000 - - - 315,029 Subtotal - General Fund 47,354,778 $ 36,185,608 $ 2,510,529 $ 39,218,677 $ 937,825 $ 45,894,411$ Internal Services Funds:
401 Information and Support Services 505,365 1,190,676 - 1,188,676 - 507,365 402 Fleet Services 747,493 965,399 - 1,049,757 - 663,135 403 Internal Insurance 9,695,915 4,454,786 - 4,437,511 - 9,713,190 404 Capital Equipment 2,680 - - - - 2,680 Subtotal - Internal Services Funds 10, 951,452$ 6,610,861 $ - $ 6,675,944$ - $ 10,886,369$ Special (Restricted) Funds:
205 Federal Asset Forfeiture 127,279 - - 102,708 - 24,572 206 State Asset Forfeiture 54,783 - - - - 54,783 207 Local Law Enforcement Block Grant 15,288 - - - - 15,288 208 Law Enforcement Development Impact 196,133 20,600 - 137,440 - 79,293 209 AB74 Public Safety Enhancement 150,355 - - - - 150,355 220 Community Development Block Grant 110,289 1,354,662 - 1,313,467 - 151,484 221 H.O.M.E. (Home Investment Partnership Program) 6,990,061 3,042,073 - 3,006,340 - 7,025,794 222 CAL Home 157,850 100 - - - 157,950 223 Economic Development Act Revolving Loan - - - - - - 230 AB1693 Business Improvement Fees 106,716 130,200 - 217,008 - 19,908 231 Air Quality Management 186,415 188,000 - 132,548 - 241,868 232 Residential Development Fee 4 - - - - 4 233 Economic Development Grant 542 - - - - 542 234 Park Fees (Quimby Act) 2,438,879 190,000 - 2,051,006 - 577,872 235 General Plan Fees 776,714 160,000 - 423,821 - 512,893 236 Public Art Fees 455,726 61,500 - 30,000 - 487,226 237 Cannabis Mitigation Fee (17,331) 450,000 - 23,811 337,500 71,358 240 Gasoline Tax (138,905) 2,193,573 - 1,938,007 - 116,661 241 Surface Transportation Program (73,439) 999,452 - 1,000,000 - (73,987) 242 Traffic Congestion Relief - - - - - - 243 Bicycle and Pedestrian Safety - 135,963 - 135,962 - - 244 Proposition A 504,091 2,120,970 - 2,070,861 - 554,200 245 Proposition C 1,345,843 1,539,658 - 2,334,726 - 550,776 246 AB939 Integrated Waste Management 86,167 337,000 - 489,177 - (66,010) 247 Oil Recycling Grant 19,401 10,000 - 23,082 - 6,319 249 Storm Drains NPDS 146,079 59,116 - 95,100 - 110,095 250 Assessment District 395,242 12,630 - - - 407,872 251 Street Lighting and Landscape 1,003,671 1,787,330 17,000 2,597,171 - 210,830 252 Parks Maintenance Assessment District 72,757 862,236 115,615 981,994 - 68,614 253 Proposition A - Parks (3,950) 60 141,659 137,770 - 0 254 Measure R Local Return 780,892 1,155,979 - 1,051,803 - 885,068 255 Measure M 198,003 1,307,159 3,760,424 4,228,220 589,669 447,697 256 SB1 Road Repair & Accountability 501,769 1,733,913 - 2,547,379 - (311,697) 257 Traffic Mitigation Fees (10,676) 12,600 - - - 1,924 258 Measure W 2,628,762 9,233,530 - 2,910,344 - 8,951,948 259 Measure H (462,929) 976,425 - 487,121 - 26,376 260 Summer Lunch Program - - 30,991 30,991 - - 270 Grants Fund (1,917,889) 3,896,285 - 16,232,335 - (14,253,940) 271 Police Grants Fund 70,145 198,301 - 261,143 - 7,303 275 American Rescue Plan Act 8,241,454 11,498,952 - 15,452,694 270,000 4,017,712 278 Measure W Grant - - - - - - 280 Cooperative Agreements Contributions (368,735) 400,000 - - - 31,265 301 Building Reserve 9,976 - - - - 9,976 450 BPROUD Utility District 2, 344,584 - - 142,688 1,920,029 281,867 Subtotal Special Funds 27, 122,017$ 46,068,267 $ 4,065,689 $ 62,586,717 $ 3,117,198 $ 11,552,058 $ TOTAL GENERAL, INTERNAL SERV., & SPECIAL FUNDS: 85, 428,247$ 88,864,736 $ 6,576,218 $ 108,481,338$ 4,055,023 $ 68,332,839 $ City of Baldwin Park
Fiscal Year 2022-2023 Projected Fund Balance at June 30, 2023 (Includes Midyear and CIP Adjustments) Attachment 1
Unaudited 2023 2023 2023 2023 Projected
Fund Balance Projected Projected Projected Projected Fund Balance Fund Fund Description 06/30/ 2022 Revenues Transfers In Expenditures Transfers Out 06/30/2023 Financing Authority Funds:
601 Debt Service 36,030 - - - - 36,030 610 COP Lease Payment (60,114) - 649,560 589,445 - 0 625 Gas Tax Debt Service 7 - - - - 7 635 BPFA/PM 2003 Tax Alloc 32,774 - - - - 32,774 637 BPFA/CBD 1990 Refunding Loan 142 - - - - 142 650 Pension Obligation Bond 3,322 - - - - 3,322 651 Pension Obligation Bond 2019 21,583 3,844,787 - 3,844,787 - 21,582 660 Measure M Rev Bond 6,697,024 - 589,669 589,669 3,760,424 2,936,600 Subtotal Financing Authority Funds 6, 730,768$ 3,844,787 $ 1,239,229 $ 5,023,901 $ 3,760,424 $ 3,030,459 $ Successor Agency Funds:
800 RDA Obligation Retirement - $ - $ - $ - $ - $ - $ Capital Projects
806 Sierra Vista Capital Prj 1,851,402 - 95,949 95,956 - 1,851,395 Subtotal Capital Projects 1,851,402 $ - $ 95,949$ 95,956 $ - $ 1,851,395$ Debt Service
838 BP Merged 2000 Refinance 28,181 1,083,915 - 974,511 95,949 41,636 Subtotal Debt Service 28,181 $ 1,083,915$ - $ 974,511$ 95,949 $ 41,636 $ Low/Mod Housing
890 Low/Mod Income Housing 12,758,791 272,399 - 1,564,898 - 11,466,292 Subtotal Low/Mod Housing 12,758,791 $ 272,399 $ - $ 1,564,898$ - $ 11,466,292$ TOTAL SUCCESSOR AGENCY FUNDS: 14, 638,374$ 1,356,314 $ 95,949 $ 2,635,365$ 95,949 $ 13,359,323$ Housing Authority:
901 Housing Voucher Choice 172,147 6,797,231 - 6,640,675 - 328,703 902 Housing Authority American Rescue Plan Act 336,538 - - 3,822 - 332,716 905 Public Housing 376,571 67,250 30,825 98,245 - 376,401 910 CIAP - 30,825 - - 30,825 - Subtotal Housing Authority Funds 885,256$ 6,895,306 $ 30,825 $ 6,742,742$ 30,825 $ 1,037,820$ COMBINED GRAND TOTAL - ALL FUNDS 107,682,644$ 100,961,142 $ 7,942,220 $ 122,883,347$ 7,942,220 $ 85,760,440 $ Attachment 1 (Continued)

HOUSING AUTHORITY

REGULAR MEETING
Agenda
April 05, 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 Housing Authority meeting:

In Person

Most Housing Authoirty 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 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

PUBLIC HEARING

1. Baldwin Park Housing Authority’s Public Housing Agency FY 2023-2024 Annual Plan It is recommended that the Baldwin Park Housing Authority Board adopt the Public Housing Agency (PHA) FY 2023 -2024 Annual Plan which includes the Violence Against Women Act (VAWA) Statement of Acknowledgement (Exhibit “E”); and approve Resolution No. HA 2023-002 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Exhibit “G”).

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 30TH day of March 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)

STAFF REPORT
ITEM NO. ___1____

TO: Chair and Members of the Housing Authority
FROM: Ron Garcia, Director of Community Development
Imelda Delgado, Housing Manager
DATE: April 5, 2023
SUBJECT: Baldwin Park Housing Authority’s Public Housing Agency FY 2023-2024 Annual Plan

SUMMARY
This report requests the Baldwin Park Housing Authority Board consider approval of the Public Housing Agency (PHA) FY 2023-2024 Annual Plan.

RECOMMENDATION
It is recommended that the Baldwin Park Housing Authority Board adopt the Public Housing Agency (PHA) FY 2023-2024 Annual Plan which includes the Violence Against Women Act (VAWA) Statement of Acknowledgement (Exhibit “E”); and approve Resolution No. HA 2023-002 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Exhibit “G”).

FISCAL IMPACT
There is no impact to the General Fund.

BACKGROUND
Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 established the PHA Five Year and Annual requirements. The Five-Year PHA Plan describes the mission of the agency and the agency’s long -range goals and objectives for achieving its mission. The Annual PHA Plan outlines its approach to managing programs and providing services for the upcoming year, including the Section 8 Housing Choice Voucher program. The Annual PHA Plan also serves as the annual application for grants to support improvements to public housing buildings.

The following changes were made to the 2023-2024 Annual PHA Plan:

1. The Annual Contributions Contract (ACC) units changed from 899 to 913.

2. The PHA will issue 8 Project -Based Vouchers for three- bedroom units to the Tyler Valley Metro project located at 3637 and 3649 Tyler Avenue, El Monte, CA 91731.

3. The most recent fiscal year Public Housing Assessment System (PHAS) submission for the Baldwin Park Housing Authority received a substandard financial performance score.

In order to receive operating funds from HUD for Public Housing and Housing Choice Voucher (Section 8) programs, the Housing Authority must also submit an Annual PHA Plan for each year under the Five- Year Plan. The FY 2023-2024 Plan is due to HUD by April 15, 2023.

Resident Advisory Board:

To ensure public input, a Resid ent Advisory Board (RAB) meeting was held on January 26, 2023. A

draft plan was provided to RAB members for review and comments. No comments were received.

Public Notices and 45-day comment period:

As required, a public notice was published in the San Gabriel Tribune informing the public that the FY 2023-2024 Annual PHA Plan, including the Statement of Consistency with the Consolidated Plan, proposed Capital Improvements, and other required supporting documents were available for public review.

No comments have been received from the public regarding the Annual PHA Plan.

ALTERNATIVES
The City may decide not to adopt the Annual Public Housing Plan; in this case, the City would violate the HUD submittal requirements which mandate PHAs submit ann ually 75 days before the beginning of the new fiscal year.

CEQA REVIEW
Although the approval of the Annual PHA Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, all HUD- funded projects do require an Environmental Review under the National Environmental Policy Act (NEPA), which will be completed in accordance with HUD requirements.

LEGAL REVIEW
Legal review is not required for the approval of plans contemplated in this staff report by the BPHA.

ATTACHMENTS

1. FY 2023-2024 Annual PHA Plan

2. Resolution No. HA 2023-002

RESOLUTION NO. HA 2023-002

A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK HOUSING

AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING ANNUAL AGENCY PLAN FOR FY 2023-2024

WHEREAS, the City of Baldwin Park Housing Authority administers the Housing Choice Voucher (Section 8) and Public Housing programs with funds provided by the U.S.

Department of Housing and Urban Development (“HUD”); and

WHEREAS, the 2020-2024 Five-Year Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency’s long-range goals and objectives for achieving its mission, the agency’s approach to managing programs, and providing services for the upcoming five years; and

WHEREAS, the FY 202 3-2024 Annual PHA Plan , serves as the annual application for the Capital Fund Program Grant and Operating Fund to support its public housing; and

WHEREAS, HUD regulations require that Public Housing Authorities that receive funds to op erate Federal Public Housing and Section 8 Tenant-Based rental assistance programs submit updated Annual PHA Plans on an annual basis.

NOW THEREFORE BE IT HEREBY RESOLVED , the City of Baldwin Park Housing Authority does resolve as follows:

Section 1. That the 202 3-2024 Annual PHA Plan has been established in accordance with the Quality Housing and Work Responsibility Act and is current with HUD regulations.

Section 2. That the Chairman and Secretary shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 5th day of April 2023.

EMMANUEL J. ESTRADA, CHAIRMAN

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, Christopher Saenz, Secretary of the City of Baldwin Park Housing Authority do hereby certify that the foregoing Resolution No. HA 2023-002 was duly adopted by the Baldwin Park Housing Authority Board at a regular meeting thereof held on April 5, 2023, and that the same was adopted by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

CHRISTOPHER SAENZ, SECRETARY