Agenda packet — Baldwin Park City Council, April 16, 2025 (part 2 of 2)

TO: Honorable Mayor and Members of the City Council
FROM: Nick Baldwin, Acting Director of Community Development PREPARED BY: Michelle Bravo, Housing Programs Coordinator DATE: April 16, 2025
SUBJECT: Conduct Public Hearing to receive public input on housing and community development needs concerning the five -year 2025- 2029 Consolidated Plan and FY 2025-2026 Annual Action Plan for the Community Development Block Grant (CDBG) and
Home Investment Partnership Program (HOME) programs.

SUMMARY
For the City Council to hold the first of two required public hearings to receive public input regarding the:

1. FY 2025-2029 Five-Year Consolidated Plan; and

2. FY 2025-2026 Annual Action Plan

RECOMMENDATION
Staff recommend that the City Council:

1. Conduct a Public Hearing to receive public input on the Five-Year 2025-2029 Consolidated Plan and FY 2025-2026 Annual Action Plan.

FISCAL IMPACT
There is no fiscal impact to the General Fund. All funding for these programs is funded through the U.S.

Department of Housing and Urban Development (“HUD”). As of the date of this staff report HUD has not yet announced allocations for local jurisdictions. Based on previous funding r eceived, the City of Baldwin Park (“City”) is anticipated to receive approximately $4.1 million in CDBG entitlement funds, and approximately $1.1 million in HOME entitlement funds, from HUD for FY 2025-2029 Consolidated Plan cycle.

BACKGROUND
The City of Baldwin Park is considered an entitlement jurisdiction and receives an annual allocation from the U.S. Department of Housing and Urban Development (HUD) for the operations of its CDBG and HOME programs. The funding is determined by a formula calcul ated by HUD based on population, age of the city, poverty levels, etc. The City’s allocation can fluctuate year-to-year causing funding to increase or decrease.

As a recipient of the federal funds, the City is required to submit a five-year Consolidated Plan, an Annual Action Plan, and monitor its progress, outcomes, and expenditures through the Consolidated Annual Performance and Evaluation Report (“CAPER”).

The purpose of the Consolidated Plan is to identify the City’s housing and community development needs, priorities, goals, and strategies and to stipulate how funds will be allocated to housing and community development activities over the next five (5) years. The Consolidated Plan is carried out through Annual Action

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Plans, which provide a concise summary of the actions, activities, and the resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan.

The CDBG Program provides Federal funds for local improv ement projects and programs. Activities assisted with CDBG funds must meet one of the three (3) national objectives:

1. Benefit low and moderate-income persons; or

2. Aid in the elimination of slum and blight; or

3. Meet a particular urgent community need because existing conditions pose a serious threat, and no other source of funds is available. This national objective is rare and is designated only for activities that alleviate emergency conditions, e.g., fire, flood, earthquake.

The HOME program provides formula grants, often in partnership with local nonprofit groups, to fund a wide range of activities including building, buying, and/or rehabilitating affordable housing or providing direct rental assistance to low -income persons. HOME is the largest Federal Block Grant to State and Local Governments designed exclusively to create affordable housing for low-income households.

DISCUSSION
As part of the development of the Consolidated Plan, the City is required to solicit input from the public to identify community needs that can inform the plan’s goals. As part of its outreach efforts, the City has posted a community survey on the City’s website and is now conducting a public hearing to solicit additional input.

The following tables show the current 2020-2024 Consolidated Plan goals:

Goal Name Needs Addressed
Affordable Housing Development Expand the supply of affordable housing Housing Preservation Preserve the supply of affordable housing Fair Housing Services Ensure equal access to housing opportunities Neighborhood Services Neighborhood services, community facilities Public Services for low- and moderate-income
residents Provide public services for low-income residents Special Needs Services Public services for residents with special needs Homelessness Prevention Prevent and eliminate homelessness Community Facilities, Infrastructure, and Section
108 Debt Service Section 108 Loan Repayment
Special Needs Non-Homeless Public Facilities Special Needs Non- Homeless- Facilities/Infrastructure Impairments

Next Steps in Process
This is the first of two (2) public hearings the City will hold as part of the development of the 2025 -2029 Consolidated Plan and 2025-2026 Annual Action Plan. This first public hearing seeks input from the public and City Council to inform the needs and goals to be included in the Consolidated Plan. After the close of the first public hearing, staff will finalize drafts of the Consolidated Plan and Annual Action Plan. Draft documents will be posted for a 30-day comment and review period, which will conclude with the second public hearing seeking the adoption of the 2025 -2029 Consolidated Plan and 2025 -2026 Annual Action Plan from the City Council.

Following the City Council adoption of the Consolidated Plan and Annual Action Plan, all relevant documents will be submitted to HUD.

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ALTERNATIVES
There is no alternative direction.

LEGAL REVIEW
Legal review is not required.

ATTACHMENTS

1. 2025-2029 Consolidated Plan Process Overview

City of Baldwin Park
2025-2029 Consolidated Plan Process Overview
Public Hearing #1
The Five Year Consolidated Plan (ConPlan)
• Five-year plan for funding allocation (2025-2029) of Community Development Block Grant Program (CDBG) and HOME Investments Partnership Program (HOME). • The Consolidated Plan serves as the official application to HUD for the CDBG and HOME Programs.
• The Consolidated Plan provides a strategy for addressing critical housing and community development needs of City residents.

Elements of the ConPlan
• Needs Assessment
• Housing Market Analysis
• 5-Year Strategic Plan
• Annual Action Plan
• Citizen Participation
Annual Action Plan
CDBG funding objectives are to:
• Benefit low-and moderate-income persons.
• Prevent or eliminate slums or blight
• Meet a need having a particular urgency (referred to as an urgent need).

HOME funds are utilized to carry out eligible affordable housing activities that will benefit low-income households.

Citizen Participation
The Consolidated Plan requires participation and input from citizens, organizations, businesses, and other stakeholders.

The primary goal is to provide citizens--especially low- and moderate-income citizens of the community where HUD-funded activities will take place-- an opportunity to participate in an advisory role in the planning, implementation, and assessment of the programs and projects

STAFF REPORT
ITEM NO. _____9_____

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TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
PREPARED BY: Karina Rueda, Human Resources Manager
DATE: April 16, 2025
SUBJECT: Approval of Employment Agreement with Daniel Padilla for the position of Director of Public Works

SUMMARY
The attached Employment Agreement for Director of Public Works (“Agreement”) with Daniel Padilla is presented for approval by the City Council ascertaining the terms and conditions of employment.

RECOMMENDATION
It is recommended that the City Council

1. Approve the Employment Agreement with Daniel Padilla for the position of Director of Public Works subject to any non-substantive changes made by Chief Executive Officer and the City Attorney, and subject to conditions precedent reflected in the agreement; and

2. Authorize the Mayor and City Clerk to execute Employment Agreement with Daniel Padilla.

FISCAL IMPACT
There is no fiscal impact as the Director of Public Works position was vacated in October 2024 at which time the prior incumbent, resigned, and budgeted funds remain available.

BACKGROUND
Upon the position becoming vacant in October 2024, the City initiated a recruitment to solicit a pool of qualified candidates. Following a thorough review and vetting of the applicants, including an internal panel interview and an interview with the City Council , Mr. Padilla was selected as one of the top candidates . Mr. Padilla has the qualifications and experience for this position. If approved, the Agreement will be effective April 16, 2025, and Mr. Padilla’s start date will be determined subject to conditions precedent.

The Agreement sets the monthly base pay compensation for the Director of Public Works at $16,133.06 per month or $193,596.77 annually, which is Step 4 of the salary range as per the City of Baldwin Park Comprehensive Salary Schedule. Mr. Padilla ’s years of experience as Deputy Director of Public Works and City Engineer warrants for his salary to be set at Step 4. The Director of Public Works position is expressly defined as “At-Will” and the employee shall serve at the pleasure of the Chief Executive Officer and City Council.

ALTERNATIVES
No alternatives are recommended.

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

ATTACHMENTS

1. Director of Public Works Employment Agreement

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1 CITY OF BALDWIN PARK

DIRECTOR OF PUBLIC WORKS

EMPLOYMENT AGREEMENT
This DIRECTOR OF PUBLIC WORKS EMPLOYMENT AGREEMENT (“Agreement”) is entered into by and between the CITY OF BALDWIN PARK, a municipal corporation (“City”) and Daniel Padilla, an individual (“Employee”).

R E C I T A L S
WHEREAS, pursuant to Baldwin Park Municipal Code Section 31.03 the Chief Executive Officer has the authority, upon consultation and concurrence by the City Council, to appoint certain department heads and managers; and
WHEREAS, pursuant to Baldwin Park Municipal Code Section 33.05, all Unclassified Service Employees, including the Director of Public Works , are At-Will and may be terminated from employment at any time without cause or without right of appeal or hearing, and not covered by the City’s Personnel System; and
WHEREAS, at the regular City Council meeting of April 16, 2025, the City Council authorized the Chief Executive Officer to execute an employment agreement with Daniel Padilla, to serve as Director of Public Works, subject to certain conditions, which position shall be At-Will and serve at the pleasure of the City Council; and
WHEREAS, Employee desires to perform and assume responsibility for the provision of services as the Director of Public Works to the City and its related agencies; and WHEREAS, the parties wish to establish the terms and conditions of Employee’s services as the Director of Public Works to the City and its related agencies through this Agreement.

WHEREAS, the parties understand that th is Employment Agreement will only become effective once the conditions have been satisfied as stipulated herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:

A G R E E M E N T

1.0 EMPLOYMENT & DUTIES

1.1 Duties. City hereby employs Daniel Padilla as the Director of Public Works to perform the functions and duties as specified in the job description for this position attached hereto as Exhibit “A”, and to perform such other legally permissible and proper functions and duties as the Chief Executive Officer shall, from time -to-time, direct or assign. Employee shall perform these functions and duties in an efficient, competent, and ethical manner and shall devote his/her best efforts and full-time attention thereto. 65431.00102\43691189.2

2 1.2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of the Director of Public Works will require Employee to generally observe normal business hours , as set by the City and may be duly revised from time -to-time (currently 7:30 a.m. to 6:00 p.m., Monday through Thursday), and will also o ften require the performance of necessary services outside of normal business hours. Employee’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1.3 Other Activities. Employee shall focus their professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the Chief Executive Officer , in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict -of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of the Director of Public Works.

1.4 Employment Status. Upon appointment to the Director of Public Works position, Employee shall serve at the will and pleasure of the City Council and understands that he shall be an “At-Will” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing, including any so- called due process pre-disciplinary Skelly hearing, except as expressly provided in this Agreement. The City may terminate Employee at any time in accordance with Section 3.4 below.

1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his/her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agre ement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the Chief Executive Officer, for any purposes other than the performance of his/her duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.6 Exclusion from Competitive Service . Employee understands, acknowledges and agrees that he is exempt from the City ’s competitive (Civil S ervice) system, and as such remains an At-Will employee serving at the pleasure of the City Council.

1.7 FLSA Exempt Status. Employee agrees that his/her position is that of an exempt employee for the purposes of the Fair Labor Standards Act.

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3 2.0 COMPENSATION AND REIMBURSEMENT

2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’s initial base compensation shall be $16,133.06 per month (“Salary”), Step 4 of the City of Baldwin Park’s Salary Schedule, to be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such S alary shall be adjusted for state and federal tax withholdings.

2.2 Annual Salary Review. The Chief Executive Officer, in coordination with the City Council, and Employee agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Section 6.2. Upon conclusion of such review, the Chief Executive Officer may, within his /her discretion, increase Employee’s Salary as he /she deems appropriate not to exceed the maximum of the Director of Public Works salary range in accordance with the City’s Salary Schedule.

2.3 Cost of Living Adjustment. Employee shall not be entitled to any cost of living adjustment (“COLA”), except Employee shall be entitled to a COLA whe n specifically approved for the Director of Public Works position by action of the Baldwin Park City Council.

3.0 TERM

3.1 Commencement & Effective Date. Employee shall commence their services hereunder at 12:01 a.m. Pacific daylight savings time on May 12, 2025, or such earlier or later date upon which the Chief Executive Officer and Employee may mutually agree, in either event such date will also be deemed the effective date of this Agreement (“Effective Date”). This Agreement shall become effective upon the Effective Date, only upon the satisfaction of the following conditions by the Employee to the reasonable satisfaction of the City: pre-placement physical evaluation, DOJ Live Scan, and DMV driving record verification.

3.2 Term. Subject to satisfaction of the conditions listed in Section 3.1, t he City hereby employs Employee as of the Effective Date until their services are terminated as provided for herein.

3.3 Termination by Employee . Employee may terminate this Agreement at any time, provided Employee provides the Chief Executive Officer with at least thirty (30) days’ advance written notice, unless the parties agree to an alternative timeframe. In the event Employee terminates this Agreement , Employee expressly agrees that he /she shall not be entitled to any severance pay.

3.4 Termination by City. The City may terminate this Agreement at any time with or without cause . The City’s right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City’s Personnel Rules or past City practices related to the employment, discipline, or termination of the City’s employees. Employee expressly waives any rights provided for department heads and certain managers under the City’s Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by r ule of law, 65431.00102\43691189.2

4 in the position of Director of Public Works . Upon appointment to the Director of Public Works position, Employee remains an At-Will employee serving at the pleasure of the City Council. (a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Co nviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful, and intentional failure to carry out materially significant and legally constituted direction of the Chief Executive Officer or the policy decisions of the City Council, 12) Gross misfeasance or gross malfeasance, and 13) “abuse of office or position” as defined in Government Code Section 53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
(b) Termination by Chief Executive Officer Without Cause. By providing Employee at least thirty (30) days’ prior written notice thereof, the City may terminate Employee without cause. In the event Employee is terminated without cause, Employee expressly agrees that they shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section

4.1 below.

4.0 SEVERANCE AND WAIVER AND RELEASE

4.1 Severance Pay. In the event the City terminates Employee’s employment as Director of Public Works without cause pursuant to Section 3.4(b) of th is Agreement, and if Employee is not otherwise in breach of the terms of this agreement, and if Employee executes a written waiver of any and all claims the Employee may have against the City, including but not limited to, a Civil Code Section 1542 waiver, then and only then the City shall pay a lump sum cash payment equal to three (3) months base salary, with no benefi ts included in the severance calculation (“Severance Pay”) to Employee. Only base salary will be used to calculate the three months’ severance. However, the City shall be reli eved of its obligation to pay Severance Pay if 65431.00102\43691189.2

5 Employee is terminated for malfeasance in carrying out the duties obligated under this Agreement or if the Employee is convicted of any illegal act involving moral turpitude or personal gain or if Employee refuses to sign a complete waiver releasing the City of any and all claims the Employee may have against the City. Employee shall also be entitled to any accrued compensable leave as Employee may have accumulated, subject to Section 6 of this Agreement and consistent with the Executive and Unclassified Managers Benefits Matrix and/or City Personnel Rules.

4.2 No Severance Pay if Termination for Cause or Initiated by Employee . As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights . The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein.

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City’s personnel. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.3 above), nor shall this Section 5.0 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.

5.2 Annual Evaluation. The Chief Executive Officer, in consultation with the City Council, shall review and evaluate the performance of Employee, within thirty (30) days after each anniversary of the Effective Date. In addition, Employee shall submit for the Chief Executive Officer’s consideration at those times established by the Chief Executive Officer, but at least annually, Employee’s proposed performance goals and objectives and incorporate the Chief Executive Officer’s suggestions. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above.

5.3 Written Summary . The Chief Executive Officer may, at his/her sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process, and may, at his sole discretion, schedule at least one (1) closed personnel session with Employee to deliver and discuss the evaluation.

6.0 BENEFITS

6.1 Provision of Benefits. The Employee shall receive all fringe benefits as are defined in the City of Baldwin Park’s Executive and Unclassified Managers Benefits Matrix, Effective July 1, 2024, as approved by the City Council, attached as “Exhibit” C. 65431.00102\43691189.2

6 6.2 Changes to Benefits. To the extent the benefits enumerated in this Section

6.0 are increased, decreased, modified, or eliminated by the City Council, said increase, decrease, modification or elimination of said benefits shall be applicable to Employee at the time it becomes effective.

7.0 PROFESSIONAL DEVELOPMENT

7.1 Membership. The City encourages Employee ’s continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the Chief Executive Officer.

7.2 Out-of-Town Meetings & Seminars . The City agrees to reimburse Employee the actual cost for registration, travel, lodging, meals, and other expenses incurred by Employee while attending overnight, out -of-town meetings or seminars related to his/her employment with the City, in accordance with the City’s policies for expense reimbursement.

Moreover, to be eligible Employee must have budgeted funds available for same; provided, however, that the Chief Executive Officer may, in his/her sole discretion, approve such unbudgeted expenditures if s/he deems it in the best interests of the City.

7.3 Local Meetings & Seminars. The City agrees to reimburse Employee the actual cost of registration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to his/her employment with City in accordance with the City’s policies for expense reimbursement.

7.4 Incidental Expenses. The City agrees to reimburse Employee the actual cost of those incidental expenses necessarily incurred by Employee while engaged in the business of the City upon the presentation of an appropriate receipt therefor, in accordance with the City’s policies for expense reimbursement.

7.5 Approval by C hief Executive Officer . To be eligible to receive reimbursement for the memberships and travel and other expenses incurred pursuant to this Section

8.0, Employee shall obtain advance approval of the Chief Executive Officer or his/her designee.

8.0 BONDS AND INDEMNIFICATION

8.1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee , to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’s services under this Agreement.

9.0 GENERAL PROVISIONS
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7 9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee ’s employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval, except where Chief Executive Officer approval is expressly authorized herein.

9.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

Chief Executive Officer (CEO) Daniel Padilla
City of Baldwin Park [On file with Human Resources Division.] 14403 E. Pacific Avenue
Baldwin Park, California 91706

Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.

9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

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

9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.
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8 9.8 AB 1344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his/her office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non -contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. “Abuse of office or position” defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to the termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of his/ her office or position. Th e Government Code provisions referenced in this section are attached hereto in Exhibit “B”.

9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed agai nst the party or its representatives who drafted it or who drafted any portion thereof. [Signatures on following page]
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9 IN WITNESS WHEREOF, the City of Baldwin Park has caused this Agreement to be signed and executed on its behalf by its Chief Executive Officer, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF BALDWIN PARK

_____________________________________
Alejandra Avila
Mayor

___________________
Date

EMPLOYEE

____________________________________
Daniel Padilla

____________________
Date

ATTEST

_____________________________________
Christopher Saenz, City Clerk

______________________
Date

APPROVED AS TO FORM

_____________________________________
Norma Tabares, City Attorney

_______________________
Date

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10 EXHIBIT A

[Director of Public Works Job Description on following page]

City of Baldwin Park

DIRECTOR OF PUBLIC WORKS
Class Specification
7/18/18

DEFINITION

To plan, organize, direct and review the activities and operations of the Public Works Department including engineering, street maintenance, landscape maintenance, and facilities and equipment maintenance; to coordinate assigned activities with other departments and outside agencies; and to provide highly responsible administrative support to the City Council as part of the Executive Team.

SUPERVISION RECEIVED AND EXERCISED

Receives administrative direction from the City Council and Chief Executive Officer

Exercises direct supervision over assigned clerical, maintenance, technical, professional and supervisory personnel.

EXAMPLES OF ESSENTIAL FUNCTIONS - Duties may include, but are not limited to, the following:

Develop, plan and implement department goals and objectives; recommend and administer policies and procedures.

Coordinate Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Council; prepare and present staff reports and other necessary correspondence.

Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects and programs; monitor workflow; review and evaluate work products, methods and procedures.

Supervise and participate in the development and administration of the Public Works budget; direct the forecast of funds needed for staffing, equipment, materials and supplies; monitor and approve expenditures; implement mid-year adjustments.

Select, train, motivate and evaluate personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures.

Represent the Department to outside groups and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.

Research and prepare technical and administrative reports and studies; prepare written correspondences as necessary.

EXAMPLES OF ESSENTIAL FUNCTIONS

• Oversee and review the engineering services activities including engineering design, development review, CIP planning, construction management and matters related to assessment district functions.

• Perform duties of City Engineer.

• Perform related duties as assigned.

MINIMUM QUALIFICATIONS

Knowledge of:

• Principles and practices of civil engineering as applied to municipal public works.

• Principles and practices of construction and maintenance, knowledge of methods, materials, and equipment as employed in municipal public works.

• Pertinent local, State and Federal laws, rules and regulations.

• Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs.

• Principles and practices of organization, administration and personnel management.

• Principles and practices of budget preparation and administration and personnel management.

• Principles of supervision, training and performance evaluation.

• Principles and practices of civil and traffic engineering. • Pertinent, local, state and federal laws, rules and regulations, e.g., CEQA, Subdivision Map Act.

Ability to:

• On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations and codes; observe performance and evaluate; problem solve department cost recommendations; and explain and interpret policy.

• Sit at desk and in meetings for long periods of time on a continuous basis.

Intermittently twist to reach equipment surrounding desk; and perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means.

• Plan, direct and control the administration and operation of the Public Works department.

• Develop and implement department policies and procedures.

• Gain cooperation through discussion and persuasion.

• Successfully develop, control and administer departmental budget and expenditures.

• Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.

• Interpret and apply City policies, procedures, rules and regulations.

• Communicate clearly and concisely, both orally and in writing.

• Supervise, train and evaluate assigned personnel.

• Establish and maintain effective working relationships with those contacted in the course of work.

• Negotiate and manage professional consulting service contracts.

MINIMUM REQUIREMENTS

Experience and Training

Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience:

At least six years of progressively responsible experience in public works and engineering administration; and
At least two years of supervisory and management experience; and

Training:

Possession of a Bachelor's degree in Civil Engineering, Public Administration or a closely related field from an accredited college or university; and

License or Certificate:

Possession of, or ability to obtain, a valid applicable California driver's license.

Possession of, or ability to obtain a California certificate of registration as a Professional Civil Engineer.

Master's Degree is desirable.

Council Approval Date: July 18, 2018
65431.00102\43691189.2

12 EXHIBIT B

GOVERNMENT CODE SECTION 53243-53243.4 and 53260(a)

53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall r equire that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his/her office or position.

53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his/her office or position.

53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement relat ed to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his/her office or position.

53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully rei mburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his/her office or position.

53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

53260. (a) All contracts of employment between an employee and a local agency employer shall include a provision which provides that regardless of the term of the contract, if the contract is terminated, the maximum cash settlement that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract. However, if the unexpired term of the contract is greater than 18 months, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 18.

65431.00102\43691189.2

13 EXHIBIT C

EXECUTIVE AND UNCLASSIFIED MANAGERS

BENEFITS MATRIX

City of Baldwin Park

Executive and Unclassified Managers

Benefit Matrix

July 1, 2024 through June 30, 2027

Page 2 of 13 ends

EXECUTIVE EMPLOYEES

BENEFIT MATRIX

ATTACHMENT A

COST OF LIVING ADJUSTMENTS

The following unadjusted base salary shall receive the following:

COLA

Effective June 23, 2024 - 7% COLA
Effective June 22, 2025 5% COLA
Effective June 21, 2026 3% COLA

INSURANCES/SUPPLEMENTAL WAGE PAYMENTS

Benefits Plan
Effective the first full pay period commencing on or after January 12, 2020, the City will contribute a sum not to exceed $1,625 per month for Executive employees.

Effective July 1, 2025, the City will contribute a sum not to exceed $1,700 per month towards health benefit premiums.

Effective July 1, 2026, the City will contribute a sum not to exceed $1,800 per month towards health benefit premiums.

The employee is required to maintain minimum coverage in a plan of of choice, unless the employee can show proof of adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include:

1. Placement in a City provided health insurance plan for self, two (2) party or family coverage.

2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage.

3. Placement spread over a combination of the options listed above.

4. Elect to receive any excess monies in cash, which will be considered as taxable income, or

5. Elect to place the excess cash monies in a City provided deferred compensation program.

Employees hired on or after July 1, 2024;

The cash out options for new hires will be eliminated. Pre-existing part time employees hired full time on or after July 1, 2024, will not be eligible for the cash out options.

Employees who decline medical coverage may use the City’s contribution towards any dental plan/tier premium, with no cash out options.

Benefits Plan for Elected Officials
Effective the first full pay period commencing on or after January 20, 2021, the City will contribute a sum not to exceed $1,625 per month for each Elected Official.

Page 3 of 13 ends

Effective July 1, 2025, the City will contribute a sum not to exceed $1,700 per month towards health benefit premiums.

Effective July 1, 2026, the City will contribute a sum not to exceed $1,800 per month towards health benefit premiums.

The employee is required to maintain minimum coverage in a plan of their choice, unless the employee can show proof of adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include:

A. Use funds to purchase City sponsored Health dental and/or vision insurance B. Be reimbursed for purchasing Health, Dental, vision insurance on the open market (not through the city) and/or
C. Deposit funds into the City sponsored Retirement Plan

*Special Note for Elected Officials: COLA’s, Premium bonuses or any other Cash out of benefits as taxable income is not permitted under the law

Vision Plan
Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan, and will contribute up to a maximum premium cost of $37.55 per month.

Life Insurance
The City will provide term life insurance in the face amount of $100,000.

Long-Term Disability and Short Term Disability
The City will provide long-term and short-term disability insurance coverage as set forth in the plan on file in the Personnel Services Office.

RETIREMENT

Retirement — Miscellaneous Employees
In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement.

Retirement — Sworn Employees
In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement account.

Retiree Health Benefit Plan for Employees Hired Before July 1, 2020:

For all employees hired prior to July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code Section 22892(b). In addition, the City will also pay the premium cost for retiree-only coverage in the retiree's chosen medical plan.

Effective the first full pay period following the date of MOU approval by City Council the Health reimbursement Account (HRA) will be terminated.

Page 4 of 13 ends

Retiree Health Benefit Plan for Employees Hired on or After July 1, 2020:

For all employees hired on or after July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay only the minimum employer contribution to CalPERS that is required by Government Code section 22892(b).

TRANSPORTATION ALLOWANCE

Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $500.00 per month transportation allowance except for the Police Chief who may choose a take-home, City-owned vehicle. Included is the use of a City provided take home vehicle so that employee may respond to emergencies. The use of a City vehicle does not include personal vacations and does not include personal travel a distance more than a 50 mile radius from the City. Transportation allowance may be used for public or alternative transportation.

ELECTRONIC DEVICE MONTHLY ALLOW ANCE

Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $150.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business.

BILINGUAL PAY
Effective the first full pay period commencing on or after July 1, 2017, the City agrees to increase the bilingual pay amount from one hundred dollars ($100.00) to one hundred fifty dollars ($150.00) per month to an employee who is capable of speaking, reading, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Signing. Qualifying test established by the City shall make determination of capability. Re-testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of “Good” or better will be eligible for bilingual pay.

LONGEVITY PAY
Effective the first full pay period following the date of MOU approval by City Council the City agrees to provide a monthly longevity premium to each eligible employee as follows:

Years of Service Monthly Premium
Five (5) – Nine (9) Years $100
Ten (10) – Fourteen (14) Years $150
Fifteen (15) – Nineteen (19) Years $200
Twenty (20) – Twenty-four (24) Years $250
Twenty-five (25) Years or more $300

Part-time longevity will be applied at fifty percent (50%). For example, one year of part-time work cannot count for more than one half year of longevity. Employees hired full-time after July 1, 2020 will not receive part-time credit for longevity. This section is effective upon ratification and shall not result in back pay or retro pay.

Page 5 of 13 ends

ATTENDANCE AND LEA VES

Sick Leave
The general policy for sick leave will be as set forth, for all full-time employees, in Section

11.4 of the Personnel Rules.

Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis.

Effective September 7, 1994, each eligible employee shall elect their maximum sick leave hours accrual.

Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable.

When an employee’s service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank.

At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period.

Vacation
All Executive employees shall accrue vacation leave in accordance with the following:

a. Employees having less than five (5) years of service with the City: 3.6923 hours on a biweekly basis for time actually worked.

b. Employees having more than five (5) years of service but less than ten (10) years of service with the City: 4.6154 hours on a biweekly basis for time actually worked.

c. Employees having more than ten (10) years but less than fifteen (15) years of service with the City:

5.5385 hours on a biweekly basis for time actually worked.

d. Employees having more than fifteen (15) years but less than twenty (20) years of service with the City:

6.4615 hours on a biweekly basis for time actually worked.

e. Employees having over twenty (20) years of service with the City: 7.3846 hours on a biweekly basis for time actually worked.

Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City.

Executive Employees will be allowed to bank excess vacation accrual time for business necessity reasons only.

Business necessity is defined as an urgent operational need requiring the employee’s presence, as determined by the City Manager.

Human Resources will send out an email reminder on a semi-annual basis reminding employees to routinely check their vacation balances online to determine if they are at a use or lose status.

Page 6 of 13 ends

Bereavement Leave
Each employee shall receive up to five days of unpaid job-protected bereavement leave. The City will provide employees with the equivalent of one (1) work week of paid bereavement leave, per incident. Employees may utilize their own forms of accruals for the additional time taken.

Family members covered:

Employee's: spouse, children, siblings, parents, grandparents, step- children, foster children, grandchildren, and State registered domestic partners.

Spouse's: parents, and grandparents

Said time will not be cumulative from one twelve (12) month period to another nor will pay in lieu of unused leave for bereavement is provided.

Administrative Leave
Effective July 1, 2017, the CEO shall receive a maximum of one hundred twenty-five (125) hours of administrative leave. Payouts for unused time is discretionary and can be paid out at any time during each fiscal year. All other Executive employees shall receive a maximum of one hundred twenty (120) hours of administrative leave each fiscal year. For all other Executive employees, unused time at the end of each fiscal year, June 30th, will be paid during the following month of July with said time being calculated at their then straight time hourly rate.

Holidays
All Executive employees are currently working on an alternate work schedule of four (4) days, ten (10) hours.

While assigned to such work schedule, the following days shall be observed as holidays:

New Year's Day- January 1st
Marthin Luther King Jr. Day – The third Monday in January President's Day- The third Monday in February
Cesar Chavez Day – Monday closest to March 31st (March 31, 2025, March 30, 2026, March 29, 2027).

Memorial Day- The last Monday in May
Independence Day- July 4th
Labor Day- The first Monday in September
Veteran's Day- November 11th
Thanksgiving Day- The fourth Thursday in November
The Friday following the fourth Thursday in November (5/40 & 9/80 schedules only) Christmas Eve- December 24th Christmas Day- December 25th

If any of the foregoing holidays fall on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof.

Floating Holidays
At the beginning of each calendar year, employees working the 4/10 schedule will receive one (1) ten (10) hour day of floating leave, for a total of 10 hours.

Holiday Bank
At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("Holiday Bank"). Each affected employee will also be credited with the above floating holidays. For Executive Employees working the four (4) day, ten (10) hour alternate work schedule, the holiday bank will be calculated at ten (10) hours per holiday.

Page 7 of 13 ends

Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year.

If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used.

If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate.

Compensation for Accrued Leave Time
Notwithstanding the maximum accruals established for vacation, administrative leave and holiday bank, Executive employees may accrue up to a maximum of three (3) months of additional paid leave time composed of a combination of vacation, administrative leave and/or holiday bank time.

DEFERRED COMPENSATION PLANS

The City’s deferred compensation plans are designed to provide employees with a supplemental retirement savings plan.

457(b) Plan
Employee paid through pre-tax payroll deductions, subject to IRS annual limits.

401(a) Plan
Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $750.00 per month into a 401(a) City sponsored defined contribution retirement plan.

Page 8 of 13 ends

UNCLASSIFIED MANAGERS

BENEFITS MATRIX

ATTACHMENT B

COST OF LIVING ADJUSTMENTS

The following unadjusted base salary shall receive the following:

COLA

Effective June 23, 2024 – 7% COLA
Effective June 22, 2025 – 5% COLA
Effective June 21, 2026 – 3% COLA

INSURANCES/SUPPLEMENTAL WANE PAYMENTS

Benefits Plan

Effective July 1, 2024, the City's contribution to medical and dental premiums shall be increased to $1,600 per month.

Effective July 1, 2025, the City's contribution to medical and dental premiums shall be increased to $1,700 per month.

Effective July 1, 2026, the City’s contribution to medical and dental premiums shall be increased to $1,800 per month.

The employee is required to maintain minimum in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, the employee will have an option to have the excess monies placed toward an existing benefit program. These options include:

1. Placement in a City provided health insurance plan for self, two (2) party or family coverage;

2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage;

3. Placement spread over a combination of the options listed above;

4. Elect to receive any excess monies in cash, which will be considered as taxable income; or

5. Elect to place the excess cash monies in a City provided deferred compensation program.

Employees hired on or after July 1, 2024;

The cash out options for new hires will be eliminated. Pre-existing part time employees hired full time on or after July 1, 2024, will not be eligible for the cash out options.

Employees who decline medical coverage may use the City’s contribution towards any dental plan/tier premium, with no cash out options.

Vision Plan
Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $37.55 per month. If the premium exceeds the amount, then the employee shall be responsible to pay the difference in excess of $37.55.

Page 9 of 13 ends

Life Insurance
The City will provide term life insurance in the face amount of $60,000 effective April 6, 2016.

The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City.

Long-Term Disability and Short Term Disability
The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31st day of non-work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month.

RETIREMENT

Employees Hired Before January 1, 2013
The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options:

1. 2.7% @ 55 retirement formula (Government Code §21354.4);

2. Single highest year final compensation (Government Code §20042);

3. Military service credit as public service option (Government Code §21024);

4. 1959 Survivors Benefit Level 1 for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571);

5. Pre-Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551);

6. 2% Annual Cost of Living Allowance (Government Code §21329);

7. $500 Retired Death Benefits.

In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee’s membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member’s retirement account.

New CalPERS Members Hired On or After January 1, 2013
The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options:

1. 2% at 62 formula (Government Code §7522.20);

2. Three (3) year average final compensation period (Government Code §20037);

3. Pre-Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551);

4. Military Service Credit as Public Service (Government Code §21024);

5. 1959 Survivors Benefit Level 1 for which each employee contributes ninety-three cent ($.93) per pay period (Government Code §21571);

6. 2% Annual Cost of Living Allowance (Government Code §21329);

7. Employees will pay 50% of the normal cost as determined by CalPERS.

8. $500 Retired Death Benefits

Retiree Health Benefit Plan for Employees Hired Before July 1, 2020:

Page 10 of 13 ends

required by Government Code Section 22892(b). In addition, the City will cover the premium cost for retiree- only coverage in the retiree's chosen medical plan.

Effective the first full pay period following the date of MOU approval by City Council the Health reimbursement Account (HRA) will be terminated.

Retiree Health Benefit Plan for Employees Hired on or After July 1, 2020:

BILINGUAL PAY

Effective the first full pay period commencing on or after July 1, 2017, the City agrees to increase the bilingual pay amount from one hundred dollars ($100.00) to one hundred fifty dollars ($150.00) per month to an employee who is capable of speaking, rea ding, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Signing. Qualifying test established by the City shall make determination of capability. Re-testing of individuals will be required to determine bilingua l capability in the above stated languages. Only those individuals who score at the level of “Good” or better will be eligible for bilingual pay.

ELECTRONIC DEVICE MONTHLY ALLOW ANCE

Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $100.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business.

LONGEVITY PAY

Effective the first full pay period following the date of MOU approval by City Council the City agrees to provide a monthly longevity premium to each eligible employee as follows:

Page 11 of 13 ends

ATTENDANCE AND LEA VES

Sick Leave
The general policy for sick leave will be as set forth, for all full-time employees, in Section

11.4 of the Personnel Rules.

Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis.

Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and method of payment to be determined by the City.

When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave.

Annual Sick Leave Incentive
Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period.

Bereavement Leave
Each employee will receive up to five days of unpaid job-protected bereavement leave. The City will provide employees with the equivalent of one (1) workweek of paid bereavement leave, per incident. Employees may utilize their own forms of accruals for the additional time taken.

Family members covered:

Employee's: spouse, children, siblings, parents, grandparents, step- children, foster children, grandchildren, and State registered domestic partners.

Spouse's: parents, and grandparents

Said time will not be cumulative from one twelve (12) month period to another nor will pay in lieu of unused leave for bereavement is provided.

Vacation
Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head.

The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service.

Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the appointing authority, use vacation leave in lesser increments during the calendar year.

Page 12 of 13 ends

Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated below.

a. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year) the maximum amount of vacation that may be accumulated shall be 192 hours.

b. Employees having more than five (5) years of service but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours.

c. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours.

d. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours.

e. Employees having over twenty (20) years of employment (vacation accrual — 192 hours per year). The maximum amount of vacation that may be accumulated shall be 384 hours.

If the employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to and approval of the Department Head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his/her vacation or to avoid any conflicts.

Business necessity is defined as an urgent operational need requiring the employee’s presence, as determined by the Department Head, Human Resources Manager and City Manager.

Human Resources will send out an email reminder on a semi-annual basis reminding employees to routinely check their vacation balances online to determine if they are at a use or lose status.

In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or accredited accordingly.

Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave.

Administrative Leave
Effective the first pay period including July 1, 2017, each employee shall receive a maximum of eighty (80) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee.

Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate.

Page 13 of 13 ends

Holidays
For employees working a 4/10 plan, the following days shall be observed as holidays:

If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof.

Floating Holidays
Employees working a 4/10 plan will receive one (1) ten (10) hour day of floating leave, for a total often (10) hours.

Holiday Bank
At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will als o be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the Chief Executive Officer. This holiday bank leave can be used in hourly increments and combined with other leave. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time.

If an employee, because of business necessity, is not able to utilize accrued holiday bank hours, upon written request to, and approval of the Chief Executive Officer, the employee will be paid for any excess hours over his/her maximum holiday bank hours a ccrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year.

If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate.

DEFERRED COMPENSATION PLANS
The City’s deferred compensation plans are designed to provide employees with a supplemental retirement savings plan.

457(b) Plan Employee paid through pre-tax payroll deductions, subject to IRS annual limits.

401(a) Plan Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $150.00 per month into a 401(a) City sponsored defined contribution retirement plan.

STAFF REPORT
ITEM NO. _____SA 1 _____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Anthony Ceballos, Accountant
DATE: April 16, 2025
SUBJECT: Treasurer’s Report SA – February 2025

SUMMARY
Attached is the Treasurer’s Report for the month of February 2025. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code.

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for February 2025.

FISCAL IMPACT
None

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

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Exhibit “A”, Treasurer’s Report

STAFF REPORT
ITEM NO. _____FA 1 _____

Page 1 ends

TO: Chair and Members of the Finance Authority
FROM: Rose Tam, Director of Finance
PREPARED BY: Anthony Ceballos, Accountant
DATE: April 16, 2025
SUBJECT: Treasurer’s Report FA – February 2025

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for February 2025.

FISCAL IMPACT
None

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

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Exhibit “A”, Treasurer’s Report

CITY OF BALDWIN PARK

TREASURER'S REPORT
2/28/2025
• Schedule of Cash and Investments includes city-wide assets as included in the Annual Comprehensive Financial Report. • There was one investment redeemed and one purchase transaction made for the month of February 2025 and one deposit was made through the Local Agency Investment Fund.

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

Approved by:�- _
��l
Rose Tam
Director of Finance

STAFF REPORT
ITEM NO. _____HA 1 ____

Page 1 ends

TO: Chair and Members of the Housing Authority
FROM: Rose Tam, Director of Finance
PREPARED BY: Grace Nguyen, Senior Finance Clerk
DATE: April 16, 2025
SUBJECT: Baldwin Park Housing Authority’s Warrants and Demands

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

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

FISCAL IMPACT
The total of the Warrants and Demands for Housing Authority was $832,964.86.

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

1. The Mar 07, 2025 to Apr 03, 2025 Warrant check numbers 73309 through 73333 in the amount of $7,711.33 and Automated Clearing House (ACH) in the amount of $825,253.53 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Happy Check Register

2. Happy Check Register ACH

Check Register Report
Date Range: 3/7/2025...4/3/2025
VMS Date Range: ...

Program: -
Payment Type:

Check Numbers: ...

Direct Deposit: Exclude Direct Deposit
Check Cleared: All
Port Status: Include Port Ins
Zero HAPs: Include Zero HAPs
Voided Payments: Omit Voided Payments
Held Checks: Exclude Held Checks
Grouped by:

Sorted by: Check Number
4/3/2025
Check Number Check Date Payee Name Amount
DDVMS Date
73309 04/01/2025 Julie L Fonseca $20.0004/01/2025
73310 04/01/2025 Vanessa G Ros s $43.0004/01/2025
73311 04/01/2025 Jacqueline Chaves $154.0004/01/2025
73312 04/01/2025 Carmen Riv era-Madrid $32.0004/01/2025 73313 04/01/2025 Xiomara A Martinez $26.0004/01/2025
73314 04/01/2025 Marlene Valente $167.0004/01/2025
73315 04/01/2025 Ken Chi-Kin Yu $13.0004/01/2025
73316 04/01/2025 Courtney F Crocker $26.0004/01/2025
73317 04/01/2025 Victoria C Gonzalez $258.0004/01/2025 73318 04/01/2025 Mindy Sophia Aguirre $101.0004/01/2025 73319 04/01/2025 Sheila M Freeman $29.0004/01/2025
73320 04/01/2025 Christine A Rodriguez $37.0004/01/2025 73321 04/01/2025 Gwendolyn Jean Adams $88.0004/01/2025
73322 04/01/2025 Jess Edward Peralta $15.0004/01/2025
73323 04/01/2025 Ricky Garcia $31.0004/01/2025
73324 04/01/2025 Korina Gonzales $226.0004/01/2025
73325 04/01/2025 Elaina A Caldera $16.0004/01/2025
73326 04/01/2025 Manuel Ochoa $159.0004/01/2025
73327 04/01/2025 Chau Tong $27.00 04/01/2025
73328 04/01/2025 Bianca M Harris $122.0004/01/2025
73329 04/01/2025 George Ka Chun Chew $2370.0004/01/2025 73330 04/01/2025 City of Carlsbad $1232.8304/01/2025
73331 04/01/2025 Cameron Properties $2288.5004/01/2025
73332 04/01/2025 Sylvia J Rodriguez $139.0004/01/2025
73333 04/01/2025 Mary F Ballesteros $91.0004/01/2025
Check Register Report GN 04/03/2025 Page 1Copyright © 2011-2025, HAPPY Software, Inc. $7,711.33Total
4Unit Count
$1,446.62Average Weighted by Unit Count
$285.60Average
Hard to House Count
Check Register Report GN 04/03/2025 Page 2Copyright © 2011-2025, HAPPY Software, Inc.

Check Register Report
Date Range: 3/7/2025...4/3/2025
VMS Date Range: ...

Program: -
Payment Type:

Check Numbers: ...

Direct Deposit: Include Direct Deposit
Check Cleared: All
Port Status: Include Port Ins
Zero HAPs: Include Zero HAPs
Voided Payments: Omit Voided Payments
Held Checks: Exclude Held Checks
Grouped by:

Sorted by: Check Number
4/3/2025
Check Number Check Date Payee Name Amount
DDVMS Date
35924 03/12/2025 Philip Tsui $464.00 02/01/2025
35925 04/01/2025 Y & H Investment, Inc. $1392.0004/01/2025 35926 04/01/2025 Eunice Property, LLC $1355.0004/01/2025 35927 04/01/2025 Wilson Apartment Associates L.P. $1855.0004/01/2025 35928 04/01/2025 Monet Huong Nguyen $3120.0004/01/2025
35929 04/01/2025 ASCENSION HOLDINGS LLC $1294.0004/01/2025 35930 04/01/2025 Tom Cinquegrani $918.0004/01/2025
35931 04/01/2025 Mark T. Fernandez $631.0004/01/2025
35932 04/01/2025 Melody (Muoi) Dao $1709.0004/01/2025
35933 04/01/2025 Han Van Tran $3497.0004/01/2025
35934 04/01/2025 John W. Ruwitc h and Anh Lam Truong $2220.0004/01/2025 35935 04/01/2025 Adam King Lee and Joyce Ng Lee $1505.0004/01/2025 35936 04/01/2025 Mingyu Qu $734.00 04/01/2025
35937 04/01/2025 SAE GROUP, LLC $2269.0004/01/2025
35938 04/01/2025 Wei Zhen Su $1700.0004/01/2025
35939 04/01/2025 Mallorca A partments, LTD $3588.0004/01/2025 35940 04/01/2025 Cipriano Salazar Jr. $1616.0004/01/2025 35941 04/01/2025 Dung Tran $2280.0004/01/2025
35942 04/01/2025 $1596.0004/01/2025
35943 04/01/2025 Monrov ia 612, LP $29001.0004/01/2025
35944 04/01/2025 Leslie K Ng $1113.0 004/01/2025
35945 04/01/2025 Jun Hua Hu $3037.0004/01/2025
35946 04/01/2025 Lien Diep $1493.00 04/01/2025
35947 04/01/2025 Rosa Lamas-Serratos $2369.0004/01/2025 35948 04/01/2025 Malcolm Oso $875.0004/01/2025
35949 04/01/2025 Dajojo, LLC $1293.0004/01/2025
35950 04/01/2025 Wen Chia Ko $7771.0001/15/2025
35951 04/01/2025 Investor Trust Realty Group, Inc. $1425.0004/01/2025 35952 04/01/2025 Sieu Tuan Phan $2248.0004/01/2025
35953 04/01/2025 Ana Thai $1029.0004/01/2025
35954 04/01/2025 SRI Properties No 15 LLC $1388.0004/01/2025 35955 04/01/2025 Larry Chow $2207.0004/01/2025
Check Register Report GN 04/03/2025 Page 1Copyright © 2011-2025, HAPPY Software, Inc. 35956 04/01/2025 T & T Asset Holding, LLC $229.0004/01/2025 35957 04/01/2025 Mousa Boushaaya $1848.0004/01/2025
35958 04/01/2025 Tuan Viet Ho $2190.0004/01/2025
35959 04/01/2025 Xiaomin Lin and Xiaoxi Wu $2207.0004/01/2025 35960 04/01/2025 4324 Walnut St LLC $2304.0004/01/2025
35961 04/01/2025 El Monte H ousing Partners LP $13022.0004/01/2025 35962 04/01/2025 Joseph T. Tung $1130.0 004/01/2025
35963 04/01/2025 Alamitas LLC $755.0004/01/2025
35964 04/01/2025 Avalon Monrovia LLC $2168.0004/01/2025 35965 04/01/2025 Pro M anagement Inc. $1742.0004/01/2025 35966 04/01/2025 Andrew & Eva Fogg $1497.0004/01/2025
35967 04/01/2025 Heritage Park Villas LP $28703.0004/01/2025 35968 04/01/2025 Heritage Park Villas LP $8319.0004/01/2025 35969 04/01/2025 $1727.0004/01/2025
35970 04/01/2025 Manapa Enterprises LLC $1495.0004/01/2025 35971 04/01/2025 $7765.0004/01/2025
35972 04/01/2025 Oak Park Monrovia, LP $32242.0004/01/2025 35973 04/01/2025 Palo Verde Apartments, LP $893.0004/01/2025 35974 04/01/2025 Eladio Diaz $2073.0004/01/2025
35975 04/01/2025 Sharon Campbell $3087.0004/01/2025
35976 04/01/2025 John M Ja cquet Sr. $1975.0004/01/2025 35977 04/01/2025 Steven Eraj Espantman and Marta $1440.0004/01/2025 35978 04/01/2025 Linda Alice Enriquez $2266.0004/01/2025 35979 04/01/2025 Ha X Van $4940.00 04/01/2025
35980 04/01/2025 Chen Jackson $740.0004/01/2025
35981 04/01/2025 Group XII Properties, LP $1695.0004/01/2025 35982 04/01/2025 Philip Tsui $658.00 04/01/2025
35983 04/01/2025 Paul Yen $1587.00 04/01/2025
35984 04/01/2025 Becky Binh Nguyet Luu or Eddie Ma $1766.0004/01/2025 35985 04/01/2025 Tinh Van Le $627.0004/01/2025
35986 04/01/2025 The Six Straws LLC $7097.0004/01/2025
35987 04/01/2025 Twelve31 Partners LP $1637.0004/01/2025 35988 04/01/2025 Everardo Garcia $2585.0004/01/2025
35989 04/01/2025 Ngoc T. Lieu $2819.0004/01/2025
35990 04/01/2025 Alfred Tai-Kong Ho and Lisa Chen $875.0004/01/2025 35991 04/01/2025 Covina 023 Woods 206 LP c/o $763.0004/01/2025 35992 04/01/2025 Doreen Han $1898.0004/01/2025
35993 04/01/2025 Cecilia Lan Cao $1548.0004/01/2025
35994 04/01/2025 Baldwin Park Family Housing Limited $29094.0004/01/2025 35995 04/01/2025 Grace Chiou $1363.0004/01/2025
35996 04/01/2025 Marina Alvarez $5305.0004/01/2025
35997 04/01/2025 Zhi Min Li and WX L Investments Inc. $1070.0004/01/2025 35998 04/01/2025 Sui Man Mak $1084.0004/01/2025
35999 04/01/2025 Henry Wong $2223.0004/01/2025
36000 04/01/2025 West Covina Senior Villas II, LP $1017.0004/01/2025 36001 04/01/2025 Dung Trung Pham and Tammy Tram $750.0004/01/2025 Check Register Report GN 04/03/2025 Page 2Copyright © 2011-2025, HAPPY Software, Inc. 36002 04/01/2025 Francisco J. Sanchez and Gloria $1043.0004/01/2025 36003 04/01/2025 Blessed Rock of El Monte $28367.0004/01/2025 36004 04/01/2025 Blessed Rock of El Monte $912.0004/01/2025 36005 04/01/2025 Joanne Pham Chau $2524.0004/01/2025
36006 04/01/2025 Vintage Park, LLC dba: Vintage Par k $5992.0004/01/2025 36007 04/01/2025 Alfonso Contreras $842.0004/01/2025
36008 04/01/2025 Ryan Quach and Hue Cao $1886.0004/01/2025 36009 04/01/2025 Windwood West Co vina, L.P. c/o GK $1588.0004/01/2025 36010 04/01/2025 Alta Vista Villas, LP c/o Yale $4596.0004/01/2025 36011 04/01/2025 West Covina Seniors Villas I $1003.0004/01/2025 36012 04/01/2025 Post Brookhollow , LP $22156.0004/01/2025 36013 04/01/2025 Rahmat Ray Nehdar $1135.0 004/01/2025
36014 04/01/2025 Alexander Chan $2516.0004/01/2025
36015 04/01/2025 Phat Binh Vuong $1126.0 004/01/2025
36016 04/01/2025 Alan Wu $813.0004/01/2025
36017 04/01/2025 Keymax Group, Inc $2431.0004/01/2025
36018 04/01/2025 Lawe Family Trust $795.0004/01/2025
36019 04/01/2025 Henry Ho $1300.00 04/01/2025
36020 04/01/2025 PAMA IV Properties, LP $4958.0004/01/2025 36021 04/01/2025 Roger Hin Nam Mak $10105.0004/01/2025
36022 04/01/2025 LAT Inve stments, LLC $3924.0004/01/2025 36023 04/01/2025 Kimmie Mu Matsunaga $4366.0004/01/2025 36024 04/01/2025 Xitlalai Del Real Sanchez $1713.0004/01/2025 36025 04/01/2025 Delgar IV LLC $1376.0004/01/2025
36026 04/01/2025 Mary L Haynes $1121.0 004/01/2025
36027 04/01/2025 $2002.0004/01/2025
36028 04/01/2025 Betty Chim Lieu $1336.0004/01/2025
36029 04/01/2025 Kimberly Nguyen $1014.0004/01/2025
36030 04/01/2025 Gregory W. Pratt $4369.0004/01/2025
36031 04/01/2025 Joseph M. Kwok $2216.0004/01/2025
36032 04/01/2025 Leng Zhang and Bao Ying Jiang $1767.0004/01/2025 36033 04/01/2025 Mack E Titus $1752.0004/01/2025
36034 04/01/2025 Propman Inc. $1339.0004/01/2025
36035 04/01/2025 Lourdes J. Garrison $1495.0004/01/2025 36036 04/01/2025 Lois J Gaston $1839.0004/01/2025
36037 04/01/2025 Doan & Lily Thi $2300.0004/01/2025
36038 04/01/2025 El Monte Affor dable Housing Partner $931.0004/01/2025 36039 04/01/2025 Jose Baudelio Delgado $742.0004/01/2025 36040 04/01/2025 Larry Mimms $1600.0004/01/2025
36041 04/01/2025 $3059.0004/01/2025
36042 04/01/2025 Fat Law $896.00 04/01/2025
36043 04/01/2025 Kevin Kambor Kwong and Yuk Ming $1458.0004/01/2025 36044 04/01/2025 Dwight Chang $2484.0004/01/2025
36045 04/01/2025 Cameron Park Community Partners, $1885.0004/01/2025 36046 04/01/2025 Mozhgan Tavakoli $5154.0004/01/2025
36047 04/01/2025 Lourdes Vela $4331.0004/01/2025
Check Register Report GN 04/03/2025 Page 3Copyright © 2011-2025, HAPPY Software, Inc. 36048 04/01/2025 Gilbert Roybal $692.0004/01/2025
36049 04/01/2025 Philip & Fanny Kwok $1665.0004/01/2025 36050 04/01/2025 Woodside Vill age Apartments LP $19423.0004/01/2025 36051 04/01/2025 Cynthia Pham $664.0004/01/2025
36052 04/01/2025 Katie Yau and Daniel Hong $3178.0004/01/2025 36053 04/01/2025 Fanny Chan $1165.0 004/01/2025
36054 04/01/2025 Kwan and Mei Chiang $1026.0004/01/2025 36055 04/01/2025 Sergio Molina $1600.0004/01/2025
36056 04/01/2025 Fortune America $1700.0004/01/2025
36057 04/01/2025 Jason Tran $1028.0004/01/2025
36058 04/01/2025 Chuen Lau $4155.0004/01/2025
36059 04/01/2025 Tanya H Chen $2887.0004/01/2025
36060 04/01/2025 Dan Thanh Peng and Hoan Peng $1594.0004/01/2025 36061 04/01/2025 Sunset Square #200U, LP $10203.0004/01/2025 36062 04/01/2025 Ngoc Lieu $1243.0004/01/2025
36063 04/01/2025 Lark Ellen Village $15169.0004/01/2025 36064 04/01/2025 Xuyen Thach Han $3093.0004/01/2025
36065 04/01/2025 Kim Wah Wong and Sau Yi Wong $1592.0004/01/2025 36066 04/01/2025 Lucena A Ewing $4376.0004/01/2025
36067 04/01/2025 Christine Wu or Joseph Wu $1881.0004/01/2025 36068 04/01/2025 Jocelyn Jae Jhong $3445.0004/01/2025
36069 04/01/2025 Emilio De Jesus Cruz $429.0004/01/2025 36070 04/01/2025 Delgar V LLC $1284.0004/01/2025
36071 04/01/2025 Isabel R Sanchez $1855.0004/01/2025
36072 04/01/2025 Cienega Gar den Apartments $9135.0004/01/2025 36073 04/01/2025 Vinh Hong La i $8761.0004/01/2025
36074 04/01/2025 LPC 1829 E Workman Ave., LLC $5980.0004/01/2025 36075 04/01/2025 EZ 50 LLC $1926.0004/01/2025
36076 04/01/2025 Kuen K Wong $1500.0004/01/2025
36077 04/01/2025 Doreen E Ewing $3631.0004/01/2025
36078 04/01/2025 Moller Property Management $1347.0004/01/2025 36079 04/01/2025 TPA/NASCH LLC, Westgate as a sole $1122.0 004/01/2025 36080 04/01/2025 TDF LP - Pacific Towers c/o Winn $13068.0004/01/2025 36081 04/01/2025 Paul & Annie W Chau $889.0004/01/2025
36082 04/01/2025 Gilbert Dominguez $9974.0004/01/2025
36083 04/01/2025 Mary Ann Norwood $1447.0004/01/2025
36084 04/01/2025 Eric Yu $2391.00 04/01/2025
36085 04/01/2025 Up Hill Investment Inc. $1861.0004/01/2025 36086 04/01/2025 Dieu Van Huynh $916.0004/01/2025
36087 04/01/2025 Kelly Nguyen $1877.0004/01/2025
36088 04/01/2025 Vijay Gulat i $3544.0004/01/2025
36089 04/01/2025 Nancy Mikhaiel $2314.0004/01/2025
36090 04/01/2025 Badillo Street S enior Apartments, L.P. $31798.0004/01/2025 36091 04/01/2025 Monrovia He ritage Park LP $29899.0004/01/2025 36092 04/01/2025 Tyler-Valley Me tro Housing, LP $16169.0004/01/2025 36093 04/01/2025 James or Barbara Fox $1125.0 004/01/2025 Check Register Report GN 04/03/2025 Page 4Copyright © 2011-2025, HAPPY Software, Inc. 36094 04/01/2025 Mayra Ortega $1373.0004/01/2025
36095 04/01/2025 Sel Homes LLC $9527.0004/01/2025
36096 04/01/2025 Hui Chuan Wang $3843.0004/01/2025
36097 04/01/2025 Nhan Nguyen and Amy Tran $3007.0004/01/2025 36098 04/01/2025 Puente Villa LLC $2967.0004/01/2025
36099 04/01/2025 RAMONA BLVD. FAMILY $12922.0004/01/2025 36100 04/01/2025 AJG Realty Inc. $2038.0004/01/2025
36101 04/01/2025 Maria Martha Martinez $7864.0004/01/2025 36102 04/01/2025 Antonio & Aida Rinos $1807.0004/01/2025 36103 04/01/2025 Greater San G abriel Valley Property $1816.0004/01/2025 36104 04/01/2025 Annette C Scott $1509.0004/01/2025
36105 04/01/2025 1024 Royal Oaks LP dba Whispering $18729.0004/01/2025 36106 04/01/2025 1024 Royal Oaks LP dba Whispering $11173.0 004/01/2025 36107 04/01/2025 Khiem Nguyen, Authorized Signer $2403.0004/01/2025 36108 04/01/2025 Derek Sim $652.00 04/01/2025
36109 04/01/2025 Josephine Tran $1154.0 004/01/2025
36110 04/01/2025 Therese Marie Simon $2192.0004/01/2025 36111 04/01/2025 Allan M. & Virginia J Chipp and Ralph $1151.0004/01/2025 36112 04/01/2025 Zi Jian Li $972.00 04/01/2025
36113 04/01/2025 Minh A Nguyen $1663.0004/01/2025
36114 04/01/2025 DelGar I LLC. $1316.0004/01/2025
36115 04/01/2025 Jaime Barcena $1550.0004/01/2025
36116 04/01/2025 Monica D Mao $1928.0004/01/2025
36117 04/01/2025 Shiu-Ein Huang $308.0004/01/2025
36118 04/01/2025 The Promenade Hous ing Partners, LP $8145.0004/01/2025 36119 04/01/2025 Paramjit S Nijjar $3264.0004/01/2025
36120 04/01/2025 Rosa Beltran $2291.0004/01/2025
36121 04/01/2025 David Wagner $1156.0 004/01/2025
36122 04/01/2025 Ynfante Ho ldings I, LLC $691.5304/01/2025 36123 04/01/2025 Roman Basin $2154.0004/01/2025
36124 04/01/2025 Sandhya Kal and Padma Kal $2915.0004/01/2025 36125 04/01/2025 Venancio Feli x $278.0004/01/2025
36126 04/01/2025 K. Carl and Zitta A Setian $1358.0004/01/2025 36127 04/01/2025 Nomer Lacson $2038.0004/01/2025
36128 04/01/2025 Anna & Simon Choi $1519.0004/01/2025
36129 04/01/2025 Chung Thi Pham $2540.0004/01/2025
36130 04/01/2025 $2463.0004/01/2025
36131 04/01/2025 Roy Lam $1345.00 04/01/2025
36132 04/01/2025 Golden Dragon Pr operties LLC c/o $575.0004/01/2025 36133 04/01/2025 Nancy H Shen $766.0004/01/2025
36134 04/01/2025 Richard A DaSylveira $408.0004/01/2025 36135 04/01/2025 Sara Romo $2440.0004/01/2025
36136 04/01/2025 T & P Property LLC $1023.0004/01/2025
36137 04/01/2025 Singing Wood Senior Housing LP $7184.0004/01/2025 36138 04/01/2025 Sitara B. Mamdani $2453.0004/01/2025
36139 04/01/2025 Garvey Senior A ffordable Partners, LP $4331.0004/01/2025 Check Register Report GN 04/03/2025 Page 5Copyright © 2011-2025, HAPPY Software, Inc. 36140 04/01/2025 Amy Phan Tran $2054.0004/01/2025
36141 04/01/2025 Ryan Kinpong Woo and Ching King $1878.0004/01/2025 36142 04/01/2025 Mei Yan Chen $1205.0004/01/2025
36143 04/01/2025 Shawn Hui Zhen $3127.0004/01/2025
$825,253.53Total
517Unit Count
$1,599.43Average Weighted by Unit Count
$1,500.46Average
1Hard to House Count
Check Register Report GN 04/03/2025 Page 6Copyright © 2011-2025, HAPPY Software, Inc.

STAFF REPORT
ITEM NO. ____HA 2____

Page 1 ends

TO: Chair and Members of the Housing Authority
FROM: Rose Tam, Director of Finance
PREPARED BY: Anthony Ceballos, Accountant
DATE: April 16, 2025
SUBJECT: Treasurer’s Report HA – February 2025

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for February 2025.

FISCAL IMPACT
None

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

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Exhibit “A”, Treasurer’s Report

CITY OF BALDWIN PARK

Approved by:�- _
��l
Rose Tam
Director of Finance

STAFF REPORT
ITEM NO. ____HA 3____

Page 1 ends

TO: Chair and Members of the Housing Authority
FROM: Nick Baldwin, Acting Director of Community Development PREPARED BY: Ryan Mulligan, Housing Manager
DATE: April 16, 2025
SUBJECT: Consideration to Adopt Resolution No. HA 2025-002, Authorizing the Housing Authority of the City of Baldwin Park to execute the Declaration of Trust (DOT) for McNeill Manor and authorizing a signatory to execute and bind the Authority to the terms of the DOT

SUMMARY
The purpose of this staff report is to request the Baldwin Park Housing Authority Board to consider approval and adoption of Resolution No HA 2025 -002 authorizing the Housing Authority of the City of Baldwin Park to execute the Declaration of Trust for McNeill Manor Public Housing.

RECOMMENDATION
It is recommended that the Housing Authority Board:

1. Approve Resolution No HA 2025 -002 as required by the U.S. Department of Housing and Urban Development (HUD).

FISCAL IMPACT
The adoption of these plans will have no impact to the City’s General Fund. All funding for these programs are funded through U.S. Department of Housing and Urban Development (HUD).

BACKGROUND
On February 20, 2002, the Housing Authority of Baldwin Park (PHA) entered into Annual Contributions Contract No. SF-557 with the U.S. Department of Housing and Urban Development (HUD). The contract includes federal funding under Section 9 of the United States Housing Act of 1937, as amended, for Project No. CA16-P120-001 (AMP No. CA120000001), commonly known as McNeill Manor a 12-unit public housing development dedicated to low-income senior residents (62 years and older).

Federal regulations require that a Declaration of Trust (DOT) be executed, recorded, and delivered in favor of HUD to ensure continued compliance with contract terms. By adopting Resolution No. HA 2025 -002, the PHA Board of Commissioners seeks to fulfill this obligation.

ALTERNATIVES
There is no alternative direction.

CEQA REVIEW

THE PROPOSAL DOES NOT QUALIFY FOR A PROJECT UNDER CEQA AND THEREFORE, NO REVIEW IS NECESSARY.

Page 2 ends

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

ATTACHMENTS

1. Resolution No. HA 2025-002

2. Form Declaration of Trust

RESOLUTION NO. HA 2025-002

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK

AUTHORIZING THE EXECUTION OF A DECLARATION OF TRUST (DOT) FOR MCNEILL MANOR ENCUMBERING CERTAIN REAL PROPERTY (14317 MORGAN

AVENUE), AND AUTHORIZING A SIGNATORY TO EXECUTE AND BIND THE AUTHORITY TO THE TERMS OF THE DOT.

WHEREAS, the Housing Authority of the City of Baldwin Park (the “PHA”) and the United States of America, acting by and through the Secretary of Housing and Urban Development (“HUD”) heretofore entered into an Annual Contributions Contract No. SF - 557 dated February 20, 2002, which includes funding provided under Section 9 of t he United States Housing Act of 1937, as amended for Project No. CA16 -P120-001 (AMP No. CA120000001) commonly known as McNeil l Manor, a 12 -unit low -income senior project-based public housing development (62 years or older) (the “Project”); and

WHEREAS, under the provisions of said Annual Contribution Contract, it is provided that Local Authority shall execute, record and deliver a decla ration of trust in favor of HUD; and

WHEREAS, the PHA has determined that executing the DOT is in the best interest of the PHA, the residents it serves and in compliance with federal law, HUD regulations and its contractual obligations to HUD; and

WHEREAS, the PHA desires to authorize Enrique C. Zaldivar, Executive Director of the PHA, to execute the DOT and take all necessary actions to bind the PHA to the terms and conditions contained therein.

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

Section 1. All of the above recitals are true and correct, constitute findings of the Housing Authority, and are incorporated herein by reference.

Section 2. The PHA is hereby authorized to enter into and execute the DOT for McNeill Manor, affecting and encumbering the Project.

Section 3. Enrique C. Zaldivar, Executive Director of the PHA, or his designee, is hereby authorized to sign and execute the DOT on behalf of the PHA, and by doing so, bind the PHA and Property to the terms of the DOT.

Section 4. This Resolution shall become effective immediately.

Section 5. This Resolution has been adopted by the PHA’s Board of Commissioners at a duly noticed public meeting held on April 16, 2025.

Section 6. That the Chairman and Secretary shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 16TH day of April, 2025.

ALEJANDRA AVILA,

CHAIRPERSON

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, Christopher Saenz, Secretary of the Housing Authority of the City of Baldwin Park do hereby certify that the foregoing Resolution No. HA 2025-002 was duly adopted by the Housing Authority of the City of Baldwin Park Board of Commissioners at a regular meeting thereof held on April 16, 2025, and that the same was adopted by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

CHRISTOPHER SAENZ,

SECRETARY

Declaration of Trust/
Restrictive Covenants
HUD-52190
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0075
(exp. 08/31/2023)

Previous version obsolete Page 1 of 9 form HUD-52190 (04/2018) Public reporting burden for this collection of information is estimated to average 1 hour per response. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. HUD wi ll use this information to ensure that PHAs remain seized of the title of public housing projects and other public housing real property and refrain from transferring, conveying, assigning, leasing, mortgaging, pledging, or otherwise encumbering or permitting or suf fering any transfer, conveyance, assignment, lease, mortgage, pledge or other encumbrance of said property or any part thereof, appurtenances thereto, or any rent, revenues, income, or receipts therefrom or in connection therewith, or any of the benefit s or contributions granted to it by or pursuant to the ACC. The information requested does not lend itself to confidentiality.

This document may not be changed without HUD’s prior written approval.

DECLARATION OF TRUST/RESTRICTIVE COVENANTS

THIS DECLARATION OF TRUST/RESTRICTIVE COVENANTS (the “Declaration”) is made and entered into as of this 1st day of April , 2025 by and between the Housing Authority of the City of Baldwin Park (the “Authority”), a public body corporate and politic, organized and existing under the laws of California, and if under a Mixed Finance Amendment to the Annual Contributions Contract, then also [4] (the “Owner”), a [5] , for the benefit of the United States of America, acting by and through the Secretary of Housing and Urban Development (“HUD”).

NOTE: OPTION TO USE FOR ALL PUBLIC HOUSING OR MIXED FINANCE PUBLIC HOUSING –

FILL IN PHA OR OWNER ENTITY

WHEREAS, pursuant to the U.S. Housing Act of 1937, as amended, and any successor legislation (the “Act”) the Authority and HUD have entered into a Consolidated Annual Contributions Contract (“ACC”) number: SF-557 , dated February 20, 2002 , as the same may be amended from time to time, which provides for grants and annual contributions to be made by HUD to assist the Authority in developing, maintaining, and operating its public housing units in accordance with all applicable public housing requirements (as further defined below); and
NOTE: FILL IN THE LATEST ACC NUMBER ON RECORD

NOTE: COMPLETE ONE OF THE FOLLOWING GROUPS OF PARAGRAPHS: DEVELOPMENT,

MODERNIZATION OR MIXED FINANCE (STANDARD OR OPERATING FUNDS ONLY) For Public Housing Development Declaration of Trust (complete these two paragraphs):

WHEREAS, as of the date of execution of this Declaration, the Capital Fund Grant ACC Amendment and ACC cover the low-income housing project located at ______________[8]________________, in the City of ___[9]___________, County of ______[10]_____ in the State/Commonwealth of ______[11]___________ (which, together with any fixtures, rents, revenues, other income, and personalty related to such units and appurtenances shall hereafter collectively be referred to as the “Project”) which will provide _________[12]_________ dwelling units and necessary associated appurtenances;

WHEREAS, the Project and acquisition of the site or sites thereof have been assisted with a Capital Fund grant provided by HUD;

Previous version obsolete Page 2 of 9 form HUD-52190 (04/2018)

For Public Housing Modernization Declaration of Trust (complete these two paragraphs):

WHEREAS, as of the date of execution of this Declaration, the Capital Fund Grant ACC Amendment and the ACC cover a certain individual low-income housing project located at (See Exhibit A), in the City of Baldwin Park, County of Los Angeles in the State/Commonwealth of California (which, together with any fixtures, rents, revenues, other income, and personalty related to such units and appurtenances shall hereafter collectively be referred to as the “Project”) which will provide (See Exhibit A) dwelling units and necessary associated appurtenances; and

WHEREAS, the modernization of the Project will have been assisted with a Capital Fund grant provided by HUD.

For Mixed Finance Declarations of Restrictive Covenants (standard) (complete these two paragraphs):

WHEREAS, as of the date of execution of this Declaration, HUD and the Authority have entered into a certain Mixed Finance Amendment, Amendment No. [13] to the ACC (“Mixed Finance ACC Amendment”), adding the [12]__ public housing units and any necessary associated appurtenances to the ACC under project number [15] located at ________[8]_____________ in the City of [9] , County of [10] , in the State/Commonwealth of [11] (which, together with any fixtures, rents, revenues, other income, and personalty related to such units and appurtenances shall hereafter collectively be referred to as the “Project”).

WHEREAS, the Authority and the Owner have entered into a Regulatory and Operating Agreement, and other Agreements, whereby the Authority has agreed to provide the Owner with assistance obtained under the Mixed Finance ACC Amendment to pay a portion of the development costs of the Project, and with Operating Fund assistance to assist in operating and maintaining the low income character of the public housing units in the Project;

For Mixed Finance Declarations of Restrictive Covenants (Operating Funds only) (complete these two paragraphs)
WHEREAS, as of the date of execution of this Declaration, HUD and the Authority have entered into a certain Mixed Finance Amendment to Consolidated Annual Contributions Contract for Projects Receiving Only Public Housing Operating Fund Assistance, Amendment No. [13] to the ACC (“Mixed Finance ACC Amendment”), adding the [14] public housing units and any associated appurtenances to the ACC under project number [14] located at ____________[8] in the City of [9] , County of [10] , in the State of [11] (which, together with any fixtures, rents, revenues, other income, and personalty related to such units and appurtenances shall hereafter collectively be referred to as the “Project”).

WHEREAS, the Authority and the Owner have entered into a Regulatory and Operating Agreement, and other Agreements, whereby the Authority has agreed to provide the Owner with Public Housing Operating Fund assistance derived under the Act to assist in operating and maintaining the low income character of the public housing units in the Project;

For Mixed Finance Declarations of Restrictive Covenants (standard and Operating Funds only) (complete these paragraph two paragraphs):

WHEREAS, in return for the receipt of such assistance, the Owner has agreed to develop, operate and maintain the Project in accordance with all requirements applicable to public housing, including, without limitation, the Act, HUD regulations thereunder (and, to the extent applicable, any HUD-approved waivers of regulatory requirements), the ACC, the Mixed Finance ACC Amendment, the HOPE VI Grant Agreement (if applicable), this Declaration, and all pertinent Federal statutory, executive order, and regulatory requirements,

Previous version obsolete Page 3 of 9 form HUD-52190 (04/2018)

as those requirements may be amended from time to time (all such requirements hereafter collectively referred to as the “Applicable Public Housing Requirements”);

WHEREAS, as of the date of execution of this Declaration, title to the Project is held by [17A, 17B] .

For Public Housing Development, Public Housing Modernization and Mixed Finance Development and Mixed Finance Operating Funds Only Projects (all of these paragraphs apply):

NOW, THEREFORE, to assure HUD of the performance by the Authority and the Owner (in the case of Mixed Finance Development or Mixed Finance Operating Funds Only), and any successors in interest to the Authority and Owner, of the Applicable Public Housing Requirements in connection with the development, operation and maintenance of the Project for the term of the low income use restrictions, the parties hereby acknowledge and agree:

1. The Authority does hereby acknowledge and declare that it is possessed of and holds title to the Project consisting of the real property located at (See Exhibit A) situated in the City of Baldwin Park, County of Los Angeles, in the State/Commonwealth of California, as more fully described in Exhibit A to this Declaration, and which is made a part hereof;

2. The Authority does hereby acknowledge and declare that it is possessed of and holds title to the Project in trust for the benefit of HUD, for the purposes hereinafter stated;

3. Reserved.

4. The Owner (if Mixed Finance Development or Mixed Finance Operating Funds Only) and Authority (in all cases) hereby declare and acknowledge that during the existence of the trust hereby created, the restrictive covenants set forth in this Declaration shall be, and are, covenants running with the Project for the period of the low-income use restrictions, and are binding upon the Owner (if Mixed Finance Development or Mixed Finance Operating Funds Only) and the Authority (in all cases), and their successors and assigns, for such term;

5. The Authority shall, or in the case of Mixed Finance Development or Mixed Finance Operating Funds only, cause the Owner to, develop, modernize or operate the Project in compliance with the Applicable Public Housing Requirements, and shall thereafter operate and maintain the Project in compliance with the Applicable Public Housing Requirements for the following periods:

(i) In the case of Public Housing Development or Mixed Finance Development (standard), for a 40-year period (for development work) and such 40-year period shall be extended for 10 years after the end of the last PHA fiscal year for which Operating Fund assistance is provided by the Authority on behalf of the Project, or as may be otherwise required by law or amended by law;
(ii) In the case of the use of Capital Funds for Public Housing Modernization or Modernization occurring after Mixed Finance Development (standard) or Mixed Finance Operating Funds Only), for a 20-year period that begins on the date on which the modernization is completed, or for such other period as may be required by law or amended by law and such 20-year period shall be extended for 10 years after the end of the last PHA fiscal year for which Operating Fund assistance is provided by the Authority on behalf of the Project, or as may be otherwise required by law or amended by law;
(iii) In the case of Operating Fund only Projects, for a 10-year period expiring upon the

Previous version obsolete Page 4 of 9 form HUD-52190 (04/2018)

conclusion of the fiscal year for which Operating Fund assistance is last provided by the Authority for the benefit of the Project Units, or as may be otherwise required by law or amended by law; or

6. In the case of Mixed Finance Operating Funds Only Projects, the Owner shall not, without the prior written approval of HUD or as may otherwise be authorized by law, dispose of the Project during and for 10 years after the end of the last PHA fiscal year in which the Project receives Operating Fund assistance from the Authority. The Authority may seek, pursuant to section 18 of the Act, an early termination of the 10-year prohibition on disposition and the low income use restrictions in the event of reduced appropriations of operating subsidies to the Authority under section 9(e) of the Act. In such case, HUD may approve in writing the disposition of the Project from the public housing program if it determines such action to be in the best interests of the Project residents and the Authority, and is otherwise consistent with the Act.

7. The Authority, or in the case of Mixed Finance Development or Mixed Finance Operating Funds Only, the Owner, shall remain seized of title to the Project and shall refrain from transferring, conveying, assigning, leasing, mortgaging, pledging, or otherwise encumbering or permitting or suffering any transfer of any kind of the Project, or any part thereof, or any rent, revenues, income, or receipts of the Project in connection therewith, or any of the benefits or contributions granted to it by or pursuant to the ACC, as amended, or any interest in any of the same, except to the extent approved in writing by HUD, as otherwise authorized by the ACC, as amended, or as authorized below:

A. Deeds of trust and financing arrangements approved in writing by HUD under the terms of the Mixed Finance ACC Amendment, and transfer of the Project to the beneficiary under any such approved loans, by foreclosure or deed-in-lieu of foreclosure, or to a third-party purchaser at a foreclosure sale, provided that any such transfer shall be subject to the terms of this Declaration;

B. Dwelling leases with eligible families and lease of other spaces and facilities in the Project;

C. Conveyance or otherwise dispose of any real or personal property which is determined and approved by HUD to be excess to the needs of the Project;

D. Dedication of land for use as streets, alleys, or other public rights-of-way, and grants and easements for the establishment, operation, and maintenance of public utilities; and

E. Normal uses associated with the operation of the Project, to the extent authorized by the ACC.

8. (A) No transfer, conveyance, or assignment or release of this Declaration shall be made without the prior written approval of HUD including as well: (i) any interest of a managing member, general partner, or controlling stockholder (any such interest being referred to as a “Controlling Interest”) of the Owner; or (ii) a Controlling Interest in any entity which has a Controlling Interest in the Owner; or (iii) prior to the payment in full of all equity contributions described in the approved evidentiary documents listed in the Mixed Finance

Previous version obsolete Page 5 of 9 form HUD-52190 (04/2018)

ACC Amendment, any other interest in the Owner, or in any partner or member thereof.

(B) Notwithstanding the foregoing, HUD consent is not required where a business organization that has a limited interest (non-controlling and non-managing) in the Owner transfers a non-controlling and non-managing interest in the business organization as long as the Owner: (i) provides HUD with written notice of such transfer; and (ii) certifies to HUD that the new owner of the limited interest remains obligated to fund its equity contribution in accordance with the terms of the HUD-approved organizational documents of the Owner.

(C) HUD will not unreasonably withhold, delay, or condition a request by the Owner for HUD's consent to an internal reorganization of the corporate or partnership structure of the Owner or any of the partners, members or stockholders of the Owner.

9. This Declaration shall first be approved by HUD and then be recorded at the expense of the Authority or the Owner (in the case of Mixed Finance Development (standard) or Mixed Finance Operating Funds Only) in the local land records of the Project and a recorded copy shall be provided to HUD.

10. This Declaration shall not be amended, modified or released without the prior written consent of HUD.

11. Upon expiration of the period during which the Project is required to be operated and maintained as public housing in accordance with the Applicable Public Housing Requirements, or otherwise upon HUD’s approval to release this Declaration, HUD will execute a release of this Declaration by an instrument to be recorded in the appropriate land records (the “Release”). The Release shall be prepared by the Authority or the Owner (in the case of Mixed Finance Development or Mixed Finance Operating Funds Only) and recorded at the expense of Authority or Owner (in the case of Mixed Finance Development or Mixed Finance Operating Funds Only) and a copy provided to HUD.

[SIGNATURE APPEARS ON THE FOLLOWING PAGE]

Previous version obsolete Page 6 of 9 form HUD-52190 (04/2018)

IN WITNESS WHEREOF, the Authority and the Owner (in the case of Mixed Finance Development or Mixed Finance Operating Funds Only) have caused this Declaration to be executed by their duly authorized officers for proper recording in the public records.

Housing Authority of the City of Baldwin Park

By:

Name: Enrique C. Zaldivar
Title: Chief Executive Officer

Exhibit B – PHA Authoring Resolution attached hereto

Previous version obsolete Page 7 of 9 form HUD-52190 (04/2018)

ACKNOWLEDGMENT

STATE OF CALIFORNIA )
) §
COUNTY OF _________________ )

On ___, 2025, before me, _________________________________, a Notary Public, personally appeared __________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

________________________________
Signature of Notary
(Affix seal here)

My Commission Expires: _____________________

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

Previous version obsolete Page 8 of 9 form HUD-52190 (04/2018)

Exhibit A
Legal Description

1. the North ninety-five feet (95') of the South one hundred twenty-five feet (125') of the East seventy feet (70') of Lot twenty-seven (27), Tract two thousand one hundred and two (2102), as per map recorded in Book 22, Page 18 of Maps, in the office of the County Recorder of said County.

2. The Southerly 125 feet of Lot 28 of Tract No. 2102, as per map recorded in Book 22 Page 18 of Maps, in the Office of the County Recorder of said County.

3. The Southerly 125 feet of Lot 29 of Tract No. 2102, as per map recorded in Book 22 Page 18 of Maps, in the office of the County Recorder of said County.

EXCEPTING AND RESERVING all oil, gas, and other hydrocarbon substances in and under all of the above described real property, but without any right to penetrate, use or disturb the surface of said property or any portion of said property within five hundred (500) feet of the surface thereof.

Previous Declaration of Trust(s): Dated April 16, 1986 and recorded April 18, 1986 as Instrument No. 86- 482317

Original
Project No. AMP No. Project Name Project Address APN
CA16-P120-
001 CA120000001 McNeil Manor 14317 Morgan Ave, Baldwin
Park, CA 91706 8544-019-904

Project includes twelve (12) dwelling units and zero (0) non-dwelling unit.

Singles
1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
5 Bedrooms
0 12 0 0 0 0

Previous version obsolete Page 9 of 9 form HUD-52190 (04/2018)

Exhibit B

(PHA Authorizing Resolution – attached)

Baldwin Park City CouncilApril 16, 2025

Baldwin Park City Council
April 16, 2025