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HomeMy WebLinkAbout2015 03 18TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, MARCH 18, 2015 at 5:30 PM. at City Hall — 31d Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Dated: March 12, 2015 Manuel Lozano Mayor 1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on March 12, 2015. AI Alejandra Avila City Clerk CITY HALL - 3' Floor, Conference Room 30 14403 EA S T PA PARK, BALDWIN 91706 • 6) 960-40 Manuel Lozano Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tern - Councilmember - Councilmember Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier terra que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del POblico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish - speaking persona se le permite hablar por tres (3) minutos. Hay interpreter is available for your convenience. un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. ROLL CALL: Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Cruz Baca and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar action en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista algclna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/6 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] OPEN SESSION/STUDY SESSION RECESS TO CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Lindsay v. City of Baldwin Park, Case No. 2:15 -CV- 00800 -BRO -MAN Case Name: Eastern Keystone v. City of Baldwin Park, Case No. BS150623 Case Name: City of Baldwin Park v. City of Irwindale, Case No. BS152919 Pursuant to Government Code Section 54956.8 Property: A portion of APN #8554 - 001 -913; generally located on Bogart Ave at E Pacific Ave Agency negotiators: Shannon Yauchzee, Robert N. Tafoya, Marc Castagnola Negotiating parties: Los Angeles Regional Interoperable Communications System Authority Under negotiation: Terms and price RECONVENE IN OPEN SESSION 411molllzu1►�iT � WAAMMOMM I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin boa,not, ess than 24 hours prior to the meeting on March 12, 2015. l '411 T Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2"O" Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 or e -mail krussell(a)baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) MARCH i` 00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, ► 91706 ,0 BALDWIN I Manuel Lozano - Mayor Cruz Baca - Mayor Pro Tern Monica Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA 1211- 14PDX0Zi 0i phw, ki The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. "em to a i-� n of ,3 ro . eti.'Ig of the Cit"Y.r ..ro??. °, -h sf4. d "' arras 6.., .1'.36 C..9?U'i.� 't_ the ,Ly yyr.','PV. r� x� a z �,� �' �' "a �: ;..? c .,I ...,.U, °Ids€ 4"M ,1.., .,v,.n.'iaiw r�"t. i" :.> %r, €,. / =us,_r36o «a�..F `t a' ;'^ 'a . ,,n the .Ivy ( en ',-e. offioe ..., . 440 .,.... £.w`�.�r '�.� 4�� 3.P�, -3rd Floor dd1 riia °p I,) -;�a," 3"F,�, >�S "�6 elL°, rolrR q:V- d`3da V CALL TO ORDER INVOCATION PLEDGE OF .i CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Mayor Pro Tern Cruz Baca and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation to proclaim March 23 — 27, 2015, as Adult Education Week. • Certificates of Recognition to Winners of Adult Education Week Essay Contest "What Adult Education Means to Me" PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tome acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. TREASURER'S REPORT — JANUARY 2015 Staff recommends that Council receive and file the Treasurer's Report for the month of January 2015. 3. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes for the City Council Special Meeting held on October 3, 2012. B. Meeting Minutes for the city Council Special, Regular meetings held on March 4, 2015. 4. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE NO. 1368, ENTITLED "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A ZONE CHANGE ADDING THE SPECIFIC PLAN (SP) OVERLAY TO THE PROPERTY IDENTIFIED WITH ASSESSOR PARCEL NUMBER 8552 -017 -004 (APPLICANT: KILL INVESTMENTS, LLC; CASE NUMBER Z- 554)" Staff recommends that Council conduct a second reading, by title only, and waive further reading, and following such reading, adopt Ordinance No. 1368, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A ZONE CHANGE ADDING THE SPECIFIC PLAN (SP) OVERLAY TO THE PROPERTY IDENTIFIED WITH ASSESSOR PARCEL NUMBER 8552- 017 -004 (APPLICANT: KLL INVESTMENTS, LLC; CASE NUMBER Z- 554)." CONDUCT 5. • READING, ONLY AND WAIVE FURTHER SECTION READING, AND FOLLOWING SUCH READING, ADOPT ORDINAN E . 1372, ENTITLED "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING • CHAPTER 93, FIRE PREVENTION FIREWORKS, PARK MUNICIPAL CODE RESPECT TO REQUIREMENTS BANKING O. FIREWORKS r• Staff recommends that Council conduct a second reading, by title only, and waive further reading, and following such reading, adopt Ordinance No. 1372, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 93.01, DEFINITIONS, OF CHAPTER 93, FIRE PREVENTION FIREWORKS, OF THE BALDWIN PARK MUNICIPAL CODE WITH RESPECT TO BANKING REQUIREMENTS FOR SAFE AND SANE FIREWORKS APPLICANTS AND PERMITEES." City Council Agenda Page 3 6. APPROVE AND AUTHORIZE • 1. AGREEMENT •:.• FIVE NEW COPY MACHINES Staff recommends that Council approve entering into a 60 -month Lease Agreement with CBE Office Solutions through Cell Business Equipment for five new Canon copy machines. 7. LETTER IN SUPPORT OF THE LEAGUE OF CALIFORNIA CITIES OPPOSING THE GOVERNOR'S BUDGET PROPOSAL AFFECTING REDEVELOPMENT DISSOLUTION (RN #15 08847) Staff recommends that Council approve a letter to the California State Department of Finance supporting the League of California Cities' opposition to the Governor's budget proposal affecting redevelopment dissolution (RN #15 08847). 8. APPROVE AMENDMENTS FOR GENERAL ON-CALL PROFESSIONAL SERVICES AGREEMENTS Staff recommends that Council approve and authorize the Mayor to sign the Amendments to three General On -Call Professional Services Agreements. 9. APPROVE RESOLUTION NO. 2015 -060, ENTITLED "A RESOLUTION OF THE CITY INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2015- 2016" Staff recommends that Council approve Resolution No. 2015 -060, entitled "A RESOLUTION OF THE CITY OF BALDWIN PARK INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2015- 2016." i APPROVE RESOLUTION • r. 1, ENTITLED "A RESOLUTION OF OF ) PROCEEDINGS PREPARATION OF THE ENGINEERS REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT • r 1 Staff recommends that Council approve Resolution No. 2015 -061 entitled "A RESOLUTION OF THE CITY OF BALDWIN PARK INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT FOR FY2015- 2016." JANITORIAL 11. AUTHORIZE THE ADVERTISEMENT OF A REQUEST FOR PROPOSALS FOR CITYWIDE Staff recommends that Council approve and authorize the Director of Recreation and Community Services to proceed with advertisement of an RFP for janitorial services. City Council Agenda Page 4 12. APPROVE THE EXCLUSIVE NEGOTIATION AGREEMENT WITH MONTEBELLO HOUSING DEVELOPMENT CORPORATION FOR AN AFFORDABLE HOUSING MIXED USE DEVELOPMENT PROJECT BETWEEN BADILLO STREET AND RAMONA BOULEVARD. Staff recommends that Council approve and authorize the Mayor to execute the Exclusive Negotiation Agreement with Montebello Housing Development Corporation for an Affordable Housing Mixed Use Development Project between Badillo Street and Ramona Boulevard. i 15�_Altll 9 0 Is] :4 IrA =0 9 m Staff recommends that Council authorize: 1. Staff to enter into a cooperative public contract purchasing program with CalACT Procurement to use their existing negotiated pricing and proposal; 2. Authorize the Mayor to sign the purchase agreement with Creative Bus Sales for the purchase of five clean air transit fleet buses in the amount of $2,177,747.30; and 3. Approve the appropriation of the funds for this purchase. 14. AWARD OF CONTRACT FOR INSTALLATION OF TRAFFIC SIGNALS AT TWO INTERSECTIONS Staff recommends that Council: 1. Award a construction contract to PTM General Engineering Services, Inc. in the amount of $343,933 and authorize the Mayor to execute said contract; and 2. Authorize the Director of Public Works to execute any necessary change orders in an aggregate amount not to exceed ten percent (10%) of the original contract ($34,393); and 3. Authorize the Director of Finance to appropriate an additional $50,000 in Gas Tax Funds for this Project. 15. APPROVE TRACT MAP NO. 69638 AND AGREEMENT FOR OFF-SITE IMPROVEMENTS Staff recommends that Council approve Tract Map No. 69638 and authorize the Mayor to execute the associated Agreement to perform Off-Site Improvements associated with the project. 16. CONDUCT A FIRST READING, BY TITLE ONLY, AND WAIVE FURTHER READING • INTRODUCE ORDINANCE NO. 1373, ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE IX, CHAPTER 97, BY ADDING SECTION 97.023, "STREET CUT MORATORIUM" TO THE CITY • BALDWIN PARK MUNICIPAL CODE TO ESTABLISH A STREET CUT MORATORIUM • NEWLY PAVED STREETS" Staff recommends that Council conduct a first reading, by title only, and waive further reading to introduce Ordinance No. 1373, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE IX, CHAPTER 97, BY ADDING SECTION 97.023, "STREET CUT MORATORIUM" TO THE CITY OF BALDWIN PARK MUNICIPAL CODE TO ESTABLISH A STREET CUT MORATORIUM ON NEWLY PAVED STREETS." City Council Agenda Page 5 Staff recommends that Council approve Resolution No. 2015 -054, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE BALDWIN PARK POLICE OFFICERS ASSOCIATION PROVIDING FOR EMPLOYEES REPRESENTED BY THE BALDWIN PARK POLICE OFFICERS ASSOCIATION." PUBLIC H €�R;r�v 18. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A REQUEST FOR A CONDITIONAL USE PERMIT FOR THE OFF-SITE SALES OF BEER AND WINE (TYPE r ) IN CONJUNCTION WITH A CONVENIENCE STORE TO SECTION - CODE. BALDWIN PARK BOULEVARD; APPLICANT: BOB ABBOTT WITH STANTEC ARCHITECTURE, REPRESENTING CHEVRON CORPORATION; CASE NUMBER: Staff and the Planning Commission recommend that, following the de novo public hearing, held in accordance with Section 153.210.150.E of the City's Municipal Code, the City Council open the public hearing, receive any public comment, close the public hearing, and adopt Resolution No. 2015 -063, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW THE OFF -SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE PURSUANT TO SECTION 153.120.050.A.1 OF THE CITY'S MUNICIPAL CODE. (LOCATION: 3160 BALDWIN PARK BLVD.; APPLICANT: BOB ABBOTT WITH STANTEC ARCHITECTURE REPRESENTING CHEVRON CORPORATION; CASE NUMBER: CP -818). 19. PUBLIC HEARING REGARDING FIVE YEAR CONSOLIDATED PLAN, FISCAL YEAR 1 1 . ANNUAL ACTION PLAN, AND OF • FAIR HOUSING CHOICE/FAIR Staff recommends that Council conduct the public hearing and, following the public hearing, approve the allocations for the FY 2014 -2015 CDBG public service programs by selecting one of the following options: Option No. 1: Approve the Joint Commission's recommendations for funding as revised by staff; or Option No. 2: Revise allocations as the City Council deems appropriate. City Council Agenda Page 6 SELECTION OPTIONS AND AWARD OF CONTRACT PRINTING OF D NOW Staff recommends that Council: 1. Award the contract for the printing of the Baldwin Park NOW to iColor Printing & Mailing for a period of one year; and 2. Select printing option job specifications; and 3. Select printing frequency; and 4. Authorize the Mayor to execute the associated agreement. 21. AWARD OF STREET SWEEPING CONTRACT TO ATHENS SERVICES Staff recommends that Council award a three -year contract for street sweeping services to Athens Services for an initial cost of $19.78 per lane mile. C ��� 'S�i111!C�71�[��1�[e3F�TI_���'T _[ eT�1�[ �]'t•7�:1�[+�•7� ►i1►�i111�1��'1 DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. APPROVE AND AUTHORIZE THE EXCLUSIVE NEGOTIATION AGREEMENT WITH MONTEBELLO HOUSING FOR THE DESIGN OF A VETERANS HOUSING PROJECT Staff recommends that Council approve and authorize the Mayor to execute the Exclusive Negotiation Agreement with Montebello Housing for the design of a Veterans Housing Project. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion & direction on the following: ® Discussion on City Scholarships for low income and disadvantaged Baldwin Park students to Attend Mt. San Antonio College (Mt. SAC) in order to encourage the pursuit of self- improvement and a higher education within our community. City Council Agenda Page 7 CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of March, 2015. �E Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 or via e -mail at krusseUdbaldwinoark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 8 STAFF REPORT f gALd yy�,. TO: :: �� : FROM: THE u. �. ' SAIN GASIRIEL e : ��a DATE: :; VALLEY ay SUBJECT: '�OR�r�tJ JANV�'� ITEM NO. Honorable Mayor and City Councilmemb Craig A. Graves, Director of Finance March 18, 2015 WARRANTS AND DEMANDS. SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. FISCAL IMPACT The payroll for the last period was $386 633.89 and the attached General vv'arrants Register were $809 786.59 for a total amount of $1,196,420.48. LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the City Council. ratify the attached Warrants and Demands Register. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his /her designee hoes hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The payroll of the City of Baldwin Park consisting of check numbers 196843 to 196874. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 239754 to 239992 for the period of January 04, 2015, through January 17, 2015, inclusive; these are presented and hereby ratified in the amount of $386,633.89. 2. General Warrants, including check numbers 203889 to 204118, in the total amount of $809,786.59, constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. N J C Q low ON :1 go 20- -200 to 0" To On n1 1 ?1 , A IV 0 M. 1. ?" 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Io tm 4j9 ,dp'v dl YAr KF CS 4 m 4A a�g'.s Al 9A t- 'c' 0 km c3 w WY m V^ A �lj 0 LM x C, 4 w Ul � Ad cr, C:, In w w w w w w 1p Q w p A� N9 fil tO w KI em), fo W 0 A� 0 dt i-, 4s 1p 0 0 0 C) 0 0 ifl a C� 0 4t, 0 Ll f k, N7 T 0 cc 0 z C, NJ 0 V 0 a W oet� fA tA V, V: tm, po %A r m v k V 10 of v OD A 4-j f tun PI 8 Od to ro L% C: 0 s-1 3-4 v In In �4 tr to 10 4-- WI. w 1A C ear to 10 'Ail 1� to tj tl I 4 1* bi 29; F 8Y; BSi tY fie. n n 4 '4 -b �3 0 no iP Cx! S Ll *4 Z tj rA Ri h. tj k14 m Al 0 4 0 kA IA I ITEM NO. STAFF REPORT �aLD►wIN TO: Honorable Mayor and City Councilmembr THE FROM: Craig A. Graves, Director of Finance SAN GABRIEL DATE: March 18, 2015 Z a" �o�Ao VALLEY SUBJECT: TREASURER'S REPORT — JANUARY 2015 Rq�'D JA�U PR SUMMARY Attached is the Treasurer's Report for the month of January 2015. 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. FISCAL IMPACT None. LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 1/31/2015 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.26% Varies Varies 25,109,025.83 25,109,025.83 25,109,025.83 25,109,025.83 Housing Authority 0.26% Varies Varies 23,050.50 23,050.50 23,050.50 23,050.50 25,132,076.33 25,132,076.33 25,132,076.33 25,132,076.33 Fiscal Agent Funds - City Varies Varies Varies 2,222,362.75 2,222,362.75 2,222,362.75 2,222,362.75 Fiscal Agent Funds - Successo Varies Varies Varies 2,937,943.60 2,937,943.60 2,937,943.60 2,937,943.60 $ 30,292,382.68 $ 30,292,382.68 5,160,306.35 $ 30,292,382.68 Total Investments $ 30,292,382.68 Cash City Checking 11,199,938.66 City Miscellaneous Cash 50,705.96 Comm. Develop. Comm. 0.00 Successor Agency 2,421,985.05 Housing Authority 145$25.15 Financing Authority 0.00 Total Cash 13,818,154.82 Total Cash and Investments $ 44,110,537.50 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of January 2015 and several deposits /withdrawals were made with 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;_ ,0 ITEM NO. v_ MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING OCTOBER 3, 2012, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at or around 6:05 p.m. by Mayor Lozano. PRESENT: Councilmember Marlen Garcia Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tern Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at or around 6:05 p.m. Seeing no one wishing to speak, Public Communications closed at or around 6:05 p.m. OPEN SESSION /STUDY SESSION None. Council recessed to Closed Session at or around 6:06 p.m. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 14173 Garvey Avenue, Baldwin Park, CA Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Ray Baker, The Lamar Companies & DC Corp. Under Negotiation: Price and terms of payment 3. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Interim Public Works Director Page 1 of 2 RECONVENE TO OPEN SESSION /REPORT FROM CLOSED SESSION Council reconvened to Open Session at or around 6:55 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at or around 6:56 p.m. ATTEST: Alejandra Avila, City Clerk Manuel Lozano, Mayor Page 2 of 2 ITEM NO. ) MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING MARCH 4, 2015, 5:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at 5:36 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano Councilmember Monica Garcia (arrived 5:46 p.m.) Councilmember Ricardo Pacheco (arrived 5:50 p.m.) PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:36 p.m. Greg Tuttle, Baldwin Park business owner, commented on the due date for submission of the FPPC Form 460 by Councilmembers; inquired as to why the City would be spending money to that is not really available to fund the proposed July 4th celebration; suggested that the City skip the July 4th event this year and use the money to bolster the Christmas Holiday events; expressed his objection to litigation on the Eastern Keystone lawsuit and urged Council to settle the case rather than continuing to pursue the matter in court. John Rios, Baldwin Park resident, expressed concern regarding the easy availability of spray paint at the local swap meets, noting that legitimate retail outlets lock spray paints away for a reason; suggested that Assemblymember Hernandez develop legislature to address this matter; echoed the sentiment of canceling the July 4th event until next year; noted that the restrooms at various City properties are not being cleaned properly and standing water is creating a hazard. Seeing no others wishing to speak, Public Communications closed at 5:42 p.m. OPEN SESSION 1. Consider Location Options for the Los Angeles Regional Interoperable Communications System (LA RICS) Radio Tower Thomas Molena, Rippa Hawks and Nicole Adamari were in attendance to represent LA- RICS and presented revised conceptual drawing for the installation of a radio and cellular tower on City property. Page 1 of 3 Following the brief presentation, Council sought clarification on some of the features of the proposed tower, made suggestions to modify the tower in order to make it more visually appealing, and sought additional information regarding the constraints of the materials to be used in building the tower. Representative of LA -RIGS agreed to meet with staff at a future date to discuss possible variations of the exterior of the tower and possible ideas for improving the visual impact. 2. Presentation by Creative Housing Associates – General Projects Potential in Baldwin Park. Michael Dieden, representing Creative Housing Associates narrated a PowerPoint presentation to provide alternative ideas for development of properties around the city and in particular the Red Brick site. RECESS TO CLOSED SESSION 1. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code Section 54956.8 Property: A portion of APN #8554 - 001 -913; generally located on Bogart Ave at E Pacific Ave Agency negotiators: Shannon Yauchzee, Robert N. Tafoya, Marc Castagnola Negotiating parties: Los Angeles Regional Interoperable Communications System Authority Under negotiation: Terms and price 2. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1) 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Eastern Keystone v. City of Baldwin Park, Case No. BS150623 Case Name: City of Baldwin Park v. City of Irwindale, Case Number: BS152919 4. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: Agency designated representatives: Shannon Yauchzee; Robert N. Tafoya; Jimmy Gutierrez Employee Organizations: General Unit of Maintenance Employees, SEIU Local 721; Police Association; Police Management Employees Association; Classified Confidential Employees Association; Classified Management Employees Association Unrepresented Employee(s): City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director Page 2 of 3 ADJOURNMENT There being no further business, the meeting was adjourn at 9:00 p.m. REPORT ON CLOSED SESSION No reportable action was taken on items discussed during Closed Session. ATTEST: Alejandra Avila, City Clerk Manuel Lozano, Mayor Page 3 of 3 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 4, 2015, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:10 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor' a MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tern Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that no reportable action was taken on items discussed during Closed Session. A motion was made by Mayor Lozano, seconded by Councilmember Pacheco, and carried (5 — 0) to adjourn the Special Meeting of March 4, 2015. ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54954.3, that members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Mayor Lozano asked that this evening's meeting be closed in member of Luis Fausto Carbajal, Father of City Treasurer Maria Contreras who passed away at the age of 93. Councilmember Pacheco requested that the meeting be closed in memory of Yolanda Hernandez who passed recently from cancer; noted that her family has resided in Baldwin Park for many years and requested that thoughts and prayers be extended to her family. Councilmember Garcia asked that the community and Council keep Terri Muse and her mother, who is very ill, in their thoughts and prayers; asked that any comforting words be extended to Terri and her family in this difficult time. Councilmember Rubio extended her thoughts to the family of the City Treasurer; invited the community to an open meeting where citizens can provide input on community parks and the possibility development of Park Plaza across from City Hall. Mayor Pro Tern Baca reminded everyone that March is National Kidney Month and encouraged everyone to help support the Kidney Foundation and those in need of a kidney transplant; also announced that St. John's is holding its annual Fashion Show. Councilmember Pacheco also announced that Baldwin Park is holding its annual "Hiring Spree" which provides opportunities for job seekers to meet face to face with employers and those who can guide job seekers with interviewing techniques and polishing their resumes. Councilmember Pacheco also provided a brief announcement regarding the meeting of Mayor Pro Tern Baca, Councilmember Pacheco and Los Angeles County Supervisor Hilda Solis to discuss new employment and educational opportunities and programs that may help boost employment opportunities. Councilmember Rubio asked that everyone acknowledge the anniversary of the march from Selma to Montgomery, Alabama, which marked one of the many demonstrations associated with t1he C1;vil ®ilgtIta Movement; also n ratul -I-A Are 4-- RAell® —k- r ---n hi ro4er ®e4 fr^m r n('- VVltll t11G LJIVII \II�.I IL.7 IVIVVGIIIGIII, QIJV L,ollgl Qtlll QLGl1 /11 IVI GQ IV1111V1I VVI IV IGNG1 MY IGLU GLA II VI 11 VVV and was selected as the City Manager with the City of Covina. Mayor Pro Tern Baca reminded everyone of the upcoming Baldwin Park Women's Club Scholarship Dinner, noting that the fundraiser helps finance scholarships for youth throughout the community. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Presentation of Proclamation recognizing March 13, 2015, as L. Ron Hubbard Day Mayor Pro Tern Baca presented a Proclamation to Eden Stein to recognize and proclaim March 13, 2015, as L. Ron Hubbard Day. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:17 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Ken Woods, Baldwin Park resident, expressed great appreciation to staff for cleaning up all the trash and debris on Alderson; also mentioned that those living on Badillo will be pleased with the new parking permit program being implemented. Phil Corre, Baldwin Park resident, expressed deepest appreciation for the floral arrangement sent to his family after the recent passing of his mother; noted that arrangements are being made to send his mother's body to Puerto Rico where she is originally from; thanked everyone for the outpouring of sympathy and supporting prayers. Cindy Oh, Baldwin Park resident at Park Shadow apartments, explained that the Zumba classes being held at Morgan Park create a great deal of disturbance; stated that she and her neighbors have called police several times because of the loud music and shouting but was told that there isn't much she can do about it; sought assistance from City Council to resolve the problem. Leslie Britto, Baldwin Park resident at Park Shadow apartments, also spoke about the problems with the Zumba classes disturbing the peace in the apartment community; stated that attempts were made to meet with facilitators of the classes but without success; said letters have also been sent but without results. Page 2 of 11 Thomas Kerri, concerned citizen, stated that he had attended the court hearing for the case of Cook v. Lozano; noted that the hearing did not go in favor of Mr. Cook; pointed out that Mr. Cook continuously complains about the City and Council wasting taxpayers' money and how he is helping the people of the community but, in reality, he is taking away money from the City that could be used for worth -while programs. May Shovan, Baldwin Park resident and HOA President at Park Shadow apartments; echoed the feelings of others who spoke against the Zumba classes and how loud classes are; sent several letters, made telephone calls, and no one has stepped forward to take responsibility; pointed out that simply lowering the volume of the music would suffice. John Rios, Baldwin Park resident, stated that he agrees with comments by Councilmember Garcia with regard to the building at Walnut Creek that is failing apart; stated that, while the entire area needs to be revitalized, repairing the building should be a priority. llnre I!r Irenra Dnlyd Wean Dnrls roni,J ®n4 r - -,. -,+ -r! +k-+ ee -A �h�s4 ®m ®n4 hn A^n® nn Oho tiny nn+ InnA vai � r,cu iai �, BaIldwi n i al rX i caiuci n, I cMu�,C)«u a IGU vvccu c+vawi i ici n vc uvl is vi I U is v IL ic+i Iu owned by Jared Hannah, located along Kenwood and Baldwin Park Blvd. Bill Santino, Baldwin Park resident, pointed out that the basketball court at Central Park has some issues with cracks and the court is slanted; asked that someone do a site visit and make the necessary repairs. Amanda Zerrato, Baldwin Park resident, stated that there are still problems with homes and yards not being maintained, garbage being dumped on vacant lots, and other unsightly problems; pointed out that the problem is wide spread throughout the community; asked what will be done to alleviate the problem and how will the City keep it in check. Greg Tuttle, Baldwin Park business owner, stated that staff deserves more credit than previous recognized; pointed out that all City officials and staff should be applauded for their efforts on the Audit Committee and the results that are finally being realized as a result; recognized Amy Harbin and Marc Castagnola for their work in bringing building permit revenue and planning approval revenue up significantly; opined that everyone did a fantastic job. Seeing no others wishing to speak, Public Communications closed at7:49 p.m. Mayor Lozano stated that he would refer this evening's speakers to the appropriate City staff members to assist with resolving issues that have not been thus far. Councilmember Rubio thanked Mr. Tuttle for Committee meetings; clarified that only two meeting without violating open meeting laws. CONSENT CALENDAR his support and for attending all of the Audit Councilmembers are permitted to attend a City Attorney Tafoya stated the Agenda Item No. 12 still has some legal issues that require finalization and that the item should be pulled from the agenda and brought back at a future date. Mayor Lozano spoke of the recent hearing he attended in Cook v. Lozano; stated that the Judge handed down a Tentative Ruling which required that each party submit a 5 -page brief detailing the mitigating circumstances which prompted the restraining order; announced that the Judge ruled against Mr. Cook and the case was dismissed with prejudice. Page 3 of 11 Councilmember Rubio requested that Item No. 7 be taken separately for discussion. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve, adopt and authorize Item Nos. 1 through 6 and Item Nos. 8 through 11. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Gonzales, Manuel - Claimant alleges wrongful impound of vehicle Reese, John Dale - Claimant alleges damages caused by rocks thrown from the skate park Rivera - Crunk, Rosie - Claimant alleges damages caused by trip and fall A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to reject the claims listed on the Staff Report and direct staff to send the appropriate notice of rejection to claimants. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of November 7, 2012, for the City Council Special and Regular meetings. B. Meeting Minutes of February 18, 2015, for the City Council Special, Regular, Finance and Housing Authority meetings. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the minutes. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 4 of 11 4. APPROVE BUS FARE INCREASES AND SCHEDULE CHANGES Staff recommends that Council approve and authorize: 1. An increase in bus fares from $0.80 to $1.00 for general passengers; 2. An increase in bus fares from $0.40 to $0.50 for seniors and Dial -A -Ride users; 3. The Director of Public Works to make a 15% reduction in bus revenue hours; and 4. The Director of Finance to make payments at the end of each quarter, during the two years immediately following implementation of recommendations 1 through 3 above, to Berkshire Consulting Group, equal to 20% of the increase in available transit funds attributable to those recommendations as realized in that quarter. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the minutes. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 5. AUTHORIZE THE PURCHASE OF POLICE PATROL VEHICLES Staff recommends that Council approve: a. Waiving the formal bidding process pursuant to §34.37 of the Baldwin Park Municipal Code on three vehicles as existing cooperative purchasing contracts already exist with other governmental agencies; b. Waiving the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23(C); c. Authorize the Police Department to purchase the new vehicles and equipment through existing contracts, joining in the cooperative purchasing contract, or through procedures outlined above; d. Appropriate $36,476 of Federal Asset Forfeiture Funds to account 205.30.340.58110.00000.2 for the restricted purchase of new equipment to equip three new Police Department Patrol Vehicles and authorize the Director of Finance to take the necessary action to make the required budget amendment of $36,476 to account 205.30.340.58110.00000.2. e. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to authorize the purchase of Police Patrol Vehicles in accordance with Staff Recommendation No. a through e. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE PURCHASE AGREEMENT WITH WIRELESS CAPITAL PARTNERS FOR CELL TOWER LEASE Staff recommends that Council approve and authorize the Mayor to sign the attached Purchase and Sale Agreements with Wireless Capital Partners and authorize the Chief Page 5 of 11 Executive Officer or his designee to execute any other documents related to closing of the sale. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and authorize the Mayor to sign the attached Purchase and Sale Agreements with Wireless Capital Partners and authorize the Chief Executive Officer or his designee to execute any other documents related to closing of the sale. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVE AN AGREEMENT WITH CONSOLIDATED EDISON SOLUTIONS, INC. TO CODUCT AN ENERGY AUDIT Staff recommends that Council approve and authorize the Mayor to sign the Agreement with Consolidated Edison Solutions, Inc., to conduct an Investment Grade Audit evaluating energy use. Councilmember Rubio requested that this item be taken separately for discussion. In reviewing the item, she requested that the contract be reviewed and possibly the representatives from Consolidated Edison Solutions could attend a Study Session for more fully explain how the program works. Director of Public Works, Dan Wall, briefly provided an overview of the services to be provided, the implications of the "good faith" clause and the overall intent. Councilmember Rubio continued to express concern and reservations to approving the contract at this time and requested that the item be brought back at a later date. Councilmember Pacheco pointed out that there is no cost associated with this contract; stated that the contingency clause does not have any direct and immediate contract since the contract first approved the study and a separate contract would be negotiated to address any deficiencies that might be found. Councilmember Garcia concurred with Councilmember Pacheco in that the City may as well take advantage of the fact that the services are free to the City. City Attorney Tafoya stated that the contract does not imply any obligation but since there is confusion it would be a good idea to bring the item back after Council has had a chance to more fully understand the contract. Michael Chapin, representative for Consolidated Edison Solutions, Inc., spoke to Council regarding the contract, the intent and the requirements; briefly explained that the company would need copies of building inventories and energy meters, would need some staff time to do site visits, and the overall process would take 60 to 90 days. A motion was made by Pacheco, seconded by Garcia, to approve and authorize the Mayor to sign the Agreement with Consolidated Edison Solutions, Inc., to conduct an Investment Grade Audit evaluating energy use. Page 6 of 11 Noting the objection by Mayor Pro Tern Baca, Mayor Lozano requested that City Clerk Avila to take a Roll Call Vote. AYES: Lozano, Garcia, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Following Roll Call Vote, motion carried 3 — 2 (Ayes: Lozano, Garcia, Pacheco; Noes: Baca, Rubio) to approve and authorize the Mayor to sign the Agreement with Consolidated Edison Solutions, Inc., to conduct an Investment Grade Audit evaluating energy use. 8. CONDUCT A FIRST READING, BY TITLE ONLY, AND WAIVE FURTHER READING TO INTRODUCE ORDINANCE NO. 1372, ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 9301, DEFINITIONS, OF CHAPTER 93, FIRE PREVENTION FIREWORKS, OF THE BANKDWIN PARK MUNICIPAL CODE WITH RESPECT TO BANKING REQUIREMENTS FOR SAFE AND SANE FIREWORKS APPLICANTS AND PERMITEES" Staff recommends that Council conduct a first reading, by title only, and waive further reading to introduce ordinance no. 1372, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 9301, DEFINITIONS, OF CHAPTER 93, FIRE PREVENTION FIREWORKS, OF THE BANKDWIN PARK MUNICIPAL CODE WITH RESPECT TO BANKING REQUIREMENTS FOR SAFE AND SANE FIREWORKS APPLICANTS AND PERMITEES" A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to conduct a first reading, by title only, and waive further reading to introduce ordinance no. 1372, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 9301, DEFINITIONS, OF CHAPTER 93, FIRE PREVENTION FIREWORKS, OF THE BANKDWIN PARK MUNICIPAL CODE WITH RESPECT TO BANKING REQUIREMENTS FOR SAFE AND SANE FIREWORKS APPLICANTS AND PERMITEES." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 9. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE No. 1370, TO REPEAL OF CHAPTER 133 OF THE BALDWIN PARK MUNICIPAL CODE CONCERNING SEX OFFENDERS Staff recommends that Council conduct a second reading, by title only, and waive further reading, and following such reading, adopt Ordinance No. 1370, entitled "An Ordinance of the City Council of the City of Baldwin Park, Repealing Chapter 133 of Title XIII, General Offenses, of the Baldwin Park Municipal Code." A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to conduct a second reading, by title only, and waive further reading, and following such reading, Page 7 of 11 adopt Ordinance No. 1370, entitled "An Ordinance of the City Council of the City of Baldwin Park, Repealing Chapter 133 of Title XIII, General Offenses, of the Baldwin Park Municipal Code." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 10. APPROVE AND ADOPT RESOLUTION NO. 2015 -053, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING THE SEWER SYSTEM MANAGEMENT PLAN UPDATE AS REQUIRED BY THE STATE WATER RESOURCES CONTROL BOARD." Staff recommends that Council approve and adopt Resolution No. 2015 -053, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Sewer System Management Plan Update as required by the State Water Resources Control Board." A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and adopt Resolution No. 2015 -053, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Sewer System Management Plan Update as required by the State Water Resources Control Board." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 11. ESTABLISHMENT OF PREFERENTIAL PARKING ZONE ON THE NORTHSIDE OF 15100 -15300 BLOCKS OF BADILLO STREET Staff recommends that Council approve and adopt Resolution No. 2015 -052, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Establishing Parking Zones for the 15100 -15300 blocks of Badillo street." A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and adopt Resolution No. 2015 -052, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Establishing Parking Zones for the 15100 -15300 blocks of Badillo street. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 12. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT WITH MONTEBELLO HOUSING DEVELOPMENT CORPORATION FOR AN AFFORDABLE HOUSING MIXED USE DEVELOPMENT PROJECT BETWEEN BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Council approve and authorize the Mayor to sign the proposed Exclusive Negotiation Agreement with Montebello Housing Development Corporation. Page 8 of 11 See related Housing Successor Agency Item No. 1 below under its Consent Calendar A MOTION WAS MADE BY MAYOR LOZANO AND SECONDED BY MAYOR PRO TEM BACA, CARRIED (5 — 0) TO PULL THIS ITEM FROM THE CONSENT CALENDAR AND WILL BE BROUGHT BACK AT A FUTURE MEETING. PUBLIC HEARING 13. A REQUEST FOR CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A SPECIFIC PLAN AMENDMENT TO SPECIFIC PLAN 06 -01 FOR THE DEVELOPMENT OF A 51 UNIT SINGLE - FAMILY DETACHED GATED CONDOMINIUM PROJECT INCLUDING THE RELOCATION OF TWO WIRELESS COMMUNICATIONS FACILITIES WITHIN THE R -1 (SINGLE FAMILY RESIDENTIAL 1) AND MU -2 (MIXED -USE 2) ZONES. ADDITIONALLY, THE PROJECT INCLUDES A REQUEST FOR A ZONE CHANGE TO APPLY THE SPECIFIC PLAN OVERLAY TO ASSESSOR PARCEL NO. 8552 - 017 -004. A RELATED REQUEST IS FOR A TENTATIVE TRACT MAP TO CONSOLIDATE TWELVE (12) LOTS OR PORTIONS THEREOF INTO ONE (1) LOT OF LAND FOR A 51 DWELLING UNIT RESIDENTIAL CONDOMINIUM SUBDIVISION AND ONE (1) LOT OF LAND FOR A WIRELESS COMMUNICATIONS FACILITY WITHIN THE SAME ZONING DESIGNATIONS. LOCATION: SOUTHWEST CORNER OF BALDWIN PARK BOULEVARD AND MERCED AVENUE (LOCATION: ASSESSOR'S PARCEL NUMBERS: 8552 - 017 -004, 8552 - 017 -068, 069, 070, 071, 072, 073, 074, 075, 076, 077, AND 078); APPLICANT: KILL INVESTMENTS, LLC; CASE NUMBERS: Z -554, SP 14- 01, AND TM- 72195. Staff and the Planning Commission recommend that the City Council open the public hearing and following the public hearing: Mayor Lozano declared the Public Hearing Open at 8:15 p.m. and invited those wishing to speak in support of the project. Seeing no one wishing to speak in support of the project, Mayor Lozano concluded the hearing from those wishing to support the project and invited those wishing to speak against the proposed project to come forward. Thomas Kerri, concerned citizen, spoke out against the project; asked whether those building the project would enjoy having this type of high- density residential buildings in their neighborhoods; opined that the traffic much too congested already and feels this will only make it worse; feels that the new homes will only create more problems; acknowledged that the City needs tax money but feels things are being crammed into a small space. Dan Kelnan, Baldwin Park resident, stated that the proposed site in next door to his home and pointed out that some of the condominiums being build are three -story buildings and create a matter of personal privacy for neighbors. Unidentified Speaker, Baldwin Park resident, opined that the property should only have single family dwellings and not condos or apartments. Seeing no others wishing to speak on the matter, Mayor Lozano closed the Public Hearing at 8:15 p.m. Page 9 of 11 Chief Executive Officer Yauchzee spoke briefly to address some of the issues, concerns and questions that have been brought up previously. City Planner Harbin narrated a PowerPoint presentation, addressing those areas that were of concern to Council and to the community feedback received thus far. Jim Powers, representative from Mega 5 Partners, offered to answer any questions or address concerns that Council may have. In response to questions from Council, Mr. Powers explained the views provided in each of the units to assure the property owners that there would be no visual encroachment. Following discussion by Council, a motion was made by Mayor Lozano, seconded by Councilmember Pacheco, carried (5 — 0) to: 1) Adopt Resolution 2015 -047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDL ^,'IN DARK ADDRO \„ING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A ZONE CHANGE TO APPLY THE SPECIFIC PLAN (SP) OVERLAY TO ASSESSOR PARCEL NUMBER 8552 - 017 -004, A SPECIFIC PLAN AMENDMENT TO AN EXISTING SPECIFIC PLAN FOR THE DEVELOPMENT OF A 51 -UNIT SINGLE - FAMILY DETACHED GATED CONDOMINIUM PROJECT INCLUDING THE RELOCATION OF TWO WIRELESS COMMUNICATIONS FACILITIES, AND A TENTATIVE TRACT MAP TO CONSOLIDATE TWELVE LOTS OR PORTIONS THEREOF INTO ONE LOT OF LAND FOR A 51 -UNIT DETACHED RESIDENTIAL DWELLING UNIT CONDOMINIUM SUBDIVISION AND ONE LOT OF LAND FOR A WIRELESS COMMUNICATIONS FACILITY WITHIN THE R -1, (SINGLE- FAMILY RESIDENTIAL) AND MU -2 (MIXED USE 2) ZONES. (LOCATION: ASSESSOR'S PARCEL NUMBERS: 8552 - 017 -004, 8552 - 017 -068, 069, 070, 071, 072, 073, 074, 075, 076, 077, AND 078; APPLICANT: KLL INVESTMENTS, LLC; CASE NUMBERS: Z -554, SP 14 -01 AND TM- 72195);" and 2) Introduce for first reading, by title only and waive further reading, Ordinance 1368, entitled, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A ZONE CHANGE ADDING THE SPECIFIC PLAN (SP) OVERLAY TO THE PROPERTY IDENTIFIED WITH ASSESSOR PARCEL NUMBER 8552- 017 -004 (APPLICANT: KLL INVESTMENTS, LLC; CASE NUMBER Z- 554);" and 3) Adopt Resolution 2015 -048 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A SPECIFIC PLAN AMENDMENT AND TENTATIVE TRACT MAP TO CONSOLIDATE TWELVE LOTS OR PORTIONS THEREOF INTO NO MORE THAN TWO LOTS FOR A DETACHED 51 -UNIT DETACHED DWELLING UNIT RESIDENTIAL CONDOMINIUM SUBDIVISION AND WIRELESS COMMUNICATIONS FACILITY WITHIN THE R -1 (SINGLE- FAMILY RESIDENTIAL) AND MU -2 (MIXED USE 2) ZONES (LOCATION: ASSESSOR'S PARCEL NUMBERS: 8552 - 017 -004, 8552- 017 -068, 069, 070, 071, 072, 073, 074, 075, 076, 077, AND 078; APPLICANT: KLL INVESTMENTS, LLC; CASE NUMBERS: 2- 554, SP 14 -01 AND TM- 72195)." Page 10 of 11 CITY COUNCIL ACTING AS SUCCESSOR AGENCY CONSENT CALENDAR 14. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT WITH MONTEBELLO HOUSING DEVELOPMENT CORPORATION FOR AN AFFORDABLE HOUSING MIXED USE DEVELOPMENT PROJECT BETWEEN BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Council approve and authorize the Mayor to sign the proposed Exclusive Negotiation Agreement with Montebello Housing Development Corporation. See related City Council Item No. 12 above under its Consent Calendar A MOTION WAS MADE BY MAYOR LOZANO AND SECONDED BY MAYOR PRO TEM BACA, CARRIED (5 — 0) TO PULL THIS ITEM FROM THE CONSENT CALENDAR AND WILL BE BROUGHT BACK AT A FUTURE MEETING. REPORTS OF OFFICERS CITY COUNCIL I CITY CLERK I CITY TREASURER I STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion & direction on the following: • Discussion on City Scholarships for low income and disadvantaged Baldwin Park students to Attend Mt. San Antonio College (Mt. SAC) in order to encourage the pursuit of self- improvement and a higher education within our community. Councilmember Pacheco requested that this item be moved to the next Council meeting as he would like to gather additional information. Mayor Pro Tern Baca directed staff, specifically City Planner Harbin and Community Development Director Castagnola, to investigate whether vacant businesses could be offered an opportunity to apply for a Conditional Use Permit in order to fill those empty store fronts and generate revenue in the city. Mayor Lozano noted that Council would be adjourning back to Closed Session to continue discussions. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Rubio, to adjourn the Regular meeting at 8:27 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk Page 11 of 11 STAFF REPORT ITEM NO. TO: Honorable Mayor and City Councilmembers FROM: Marc Castagnola, AICP, Director of C unity Developme, Amy L. Harbin, AICP, City Planne DATE: March 18, 2015 SUBJECT: Second reading of Ordinance 1368, approving a zone change adding the specific plan (SP) overlay to the property identified with Assessor's Parcel Number 8552 -17 --004 (Applicant: KLL Investments, LLC; Case Number: Z -554) SUMMARY This report requests City Council approval of Ordinance 1368 adding the Specific Plan (SP) Overlay to the property identified with Los Angeles County Assessor's Parcel Number, 8552 -017 -004. FISCAL IMPACT There is no fiscal impact associated with this item. RECOMMENDATION Staff recommends that the City Council adopt Ordinance 1368 on second reading, read by title only, and waive any further reading thereof BACKGROUND This Ordinance was introduced at the City Council meeting on March 4, 2015 for first reading, and at that meeting Ordinance 1368 was approved by the City Council. This Ordinance applies the specific plan (SP) overlay designation on the property identified with Los Angeles County Assessor' parcel Number 8552 -017- 004. ATTACHMENTS #l, Ordinance 1368 ORDINANCE 1368 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A ZONE CHANGE ADDING THE SPECIFIC PLAN (SP) OVERLAY TO THE PROPERTY IDENTIFIED WITH ASSESSOR PARCEL NUMBER 8552- 017 -004 (APPLICANT: KLL INVESTMENTS, LLC; CASE NUMBER Z -554). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine and declare as follows: a) That the owner of certain real property filed an application for a zone change to add the Specific Plan (SP) Overlay to real property identified as Parcel 4 on Page 17 of Map Book 8552 in the Los Angeles County Assessor's Records (the "Property "), described more particularly in the said application which is on file in the office of the Planning Division of the City; and b) That pursuant to the applicable provisions of the Planning and Zoning Law (Sections 65800 et seq. of the Government Code of the State of California), studies were commenced for the purposes of amending the Zoning Map of the City of Baldwin Park, and c) That a duly noticed public hearing was held upon said matter by the Planning Commission, and based upon the evidence presented, it was determined that Planning Commission it recommend approval of the reclassification of the Property to R -1 (SP); and d) That the City Council conducted a duly noticed public hearing on said matter and based upon the evidence presented and each member of the Council being familiar with the site, it was determined that the public interest, necessity, convenience and general welfare warrant the approval of the Planning Commission recommendation and approval of a change in zone classification for the Property from R -1 to R -1 (SP). SECTION 2. That the City Council of the City of Baldwin Park does hereby adopt the following Findings of Fact related to said Zone Change: a) The amendment is consistent with the goals, policies and objectives of the General Plan Ordinance 1368 Page 2 The zoning code map amendment would be consistent with the goals, policies and objectives of the General Plan in that it would effectively modify the zoning of a vacant lot to include its development as part of a comprehensive specific plan. Specifically, the zone change, which consists of adding the Center Specific Plan Overlay to an adjacent property, would satisfy Goal 3.0 of the Land Use Element which states that the City should provide for revitalization of deteriorating land uses and properties. The proposed zone change would also satisfy Goal 1 of the Housing Element which calls for the City to maintain and enhance the quality of existing residential housing and neighborhoods. b) The amendment will not adversely affect surrounding properties. The zoning code map amendment would place an abandoned and dilapidated property into a specific plan overlay district in order to redevelop the property as a part of a comprehensive plan for a fifty one (51) unit detached condominium development. The redevelopment of this property would enhance adjacent residential and commercial areas. c) The amendment promotes public health, safety and general welfare. The zoning code map amendment would promote the public health, safety and general welfare of adjacent development and the City as a whole because it would provide for the redevelopment of a property that is abandoned and dilapidated. The zone change would further the goal to improve the area with a detached condominium development that would enhance the areas and properties around the site, while continuing to provide cellular service to the community through the relocation of two (2) existing wireless carrier facilities on the same site. d) The amendment serves the goals and purposes of the zoning code. The zone code map serves the goals and purposes of the zoning code in that it provides for the orderly development of a new detached condominium community on an area that is currently in a state of disrepair. Designating the subject site with the Kennan Center Specific Plan Overlay will include the property in a residential development that enhances the character of the community and eliminates the blighted and unsafe conditions that currently exist. SECTION 3. The Zoning Classification of the Property is hereby reclassified from R -1 to zone R-1 (SP). Ordinance 1368 Page 3 SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law. PASSED AND APPROVED ON THE 18th day of March, 2015. MANUEL LOZANO, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss- CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1368 was regularly introduced for first reading at a regular meeting of the City Council on March 4, 2015. That thereafter said Ordinance was duly approved and adopted at a regular meeting of the City Council on March 18, 2015 by the following vote.- i- Ayr S A r- . COU NCI LIVI EMBER- NOES- COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA CITY CLERK STAFF REPORT SAN GABRIEL o VALLEY`; �RAl�p JAAIU�� ITEM NO. r TO: The Honorable Mayor and Members of FROM: Craig A. Graves, Director of Finance DATE: March 18, 2015 y; SUBJECT: Conduct a Second Reading, By Title Only and Waive Further Reading of Ordinance No. 1372, entitled An Ordinance of the City Council of the City of Baldwin Park Amending Section 93.01, Definitions, of Chapter 93, Fire Prevention; Fireworks, of the Baldwin Park Municipal Code with respect to Banking Requirements for Safe and Sane Fireworks Applicants and Permittees. This report is to present for Second Reading, by title only and waive further reading, Ordinance No. 1372, which will amend Section 93.01, Definitions, of Chapter 93, Fire Prevention; Fireworks, of the Baldwin Park Municipal Code with respect to Banking Requirements for Safe and Sane Fireworks Applicants and Permittees. FISCAL IMPACT None. LEGAL REVIEW The Ordinance was prepared and reviewed by the City Attorney's Office. Staff recommends that Council conduct a second reading, by title only, and waive further reading, and following such reading, adopt Ordinance No. 1372, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Section 93.01, Definitions, of Chapter 93, Fire Prevention; Fireworks, of the Baldwin Park Municipal Code with respect to Banking Requirements for Safe and Sane Fireworks Applicants and Permittees." BACKGROUND At its meeting of March 4, 2015, City Council approved the first reading of Ordinance No. 1372, which would amend Section 93.01, Definitions, of Chapter 93, Fire Prevention; Fireworks, of the Baldwin Park Municipal Code with respect to Banking Requirements for Safe and Sane Fireworks Applicants and Permittees. Amending of this section of the municipal code would permit those apply for and obtaining a permit for the sale of Safe and Sane Fireworks would no longer be required to maintain a bank account within city limits. This amendment will allow for more flexibility for those wishing to apply and obtain permits to sell fireworks within city limits. Attachments: Ordinance No. 1372 ORDINANCE NO. 1372 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 93.01, DEFINITIONS, OF CHAPTER 93, FIRE PREVENTION; FIREWORKS, OF THE BALDWIN PARK MUNICIPAL CODE WITH RESPECT TO BANKING REQUIREMENTS FOR SAFE AND SANE FIREWORKS' APPLICANTS AND PERMITEES WHEREAS, Chapter 93 of the Baldwin Park Municipal Code entitled, "FIRE PROTECTION; FIREWORKS," sets forth the regulatory scheme for the sale of Safe and Sane Fireworks as defined in the California Health & Safety Code Section 12529; WHEREAS, Section 93.01 of Chapter 93 of the Baldwin Park Municipal Code entitled, "DEFINITIONS," provides for and requires Applicants /Permittees to utilize a "FIREWORKS BANK ACCOUNT" defined as a financial institution "... within the city. 5; WHEREAS, the City Council believes that limiting required Bank Accounts to financial institutions within the city is too restrictive for Qualified Organizations who may currently maintain a Bank Account outside of the city; and WHEREAS, the City Council desires to delete the term "within the city" from the definition of "FIREWORKS BANK ACCOUNT" because that term is too restrictive. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Baldwin Park Municipal Code is hereby amended at Section 93.01 of Chapter 93 to read as follows: "§ 93.01 DEFINITIONS. FIREWORKS BANK ACCOUNT. An account at a financial institution used solely for moneys related to the sale of safe and sane fireworks pursuant to a permit granted pursuant to this chapter. Section 2. The Mayor of the City of Baldwin Park is hereby authorized to affix his signature to this Ordinance signifying its adoption by the City Council of the City of Baldwin Park. Section 3. The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted and /or published as prescribed by law. Ordinance No. 1372 Page 2 Section 4. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days from the date of its final passage and adoption. Section 5. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park, this 18th day of March, 2015. Manuel Lozano, Mayor ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1372 was introduced at a regular meeting of the City Council held on March 4, 2015, and was adopted by the City Council at its regular meeting held on March 18, 2105, by the following vote of Council: AYES: COUNCILMEMBER(S) NOES: COUNCILMEMBER(S) ABSENT: COUNCILMEMBER(S) ABSTAINED: COUNCILMEMBER(S) TO: 904 DATE: ITEM NO. Honorable Mayor and Members of the City Council Mark Hsu, Information Systems Supervisor ;Ivv March 18, 2015 SUBJECT: AUTHORIZE TO ENTER INTO A LEASE AGREEMENT FOR FIVE NEW COPY MACHINES SUMMARY TL__ < the Council +1..,.....,,. the s-.-.-..e+;� t to t � ,°°o`° agreement 1 ills report is to request tiie City wui"icil �o au�uvii�c she lr��v�u�auvr°i S`y'S�e�i�s w enter into a �.,uo„ agreement for five new Canon copy machines. FISCAL IMPACT There will be an annual saving of $7,033.08. A copy of vendor proposal is attached to this report for council's review and information. RECOMMENDATION It is recommended that the City Council approve entering into a 60 -month Lease Agreement with CBE Office Solutions through Cell Business Equipment for five new Canon copy machines, BACKGROUND The lease agreements of copy machines located at Barns Park, Teen Center and Human Resources areas have been expired in Year 2002, 2004 and 2005. The lease agreement of copy machines located at City Hall Print Shop and Finance areas will be expired in June, 2015. Due to the age and heavy usage of these machines, several machines are getting difficult to supply the parts for repair services and some machines are starting to break down a lot. The new Canon copy machines will be more reliable, reduce down time, and cost saving on the lease payments and operational expenses. They also provide more features and latest technologies to streamline workflow. LEGAL REVIEW Not applicable ALTERNATIVES The City Council may choose to direct staff to not enter into a new lease agreement. We will keep paying the monthly payment after the current agreement expires. ATTACHMENTS A. Lease Agreement B. Proposal for three different master contract quotes Office Solutions son Cell Business Equipment Equipment MFG Model & Description 1 I R8295 1 IR2535i 3 IR2525 See attached schedule for additional Billing Address: EQuiment Location: Cell Business Equipment 4 Mason Ste. A Irvine, CA 92618 / Accessories ue • 111 Serial Number TOTAL IMAGE MANAGEMENT si"' B Agreement No. Accessories Term: 6U (months) Minimum Monthly Payment: $ 1458.9 (plus applicable taxes) Excess Per Image Billing Preference (monthly if not checked) Monthly WQuarterly Semi-Annuaily Annually Supplier Fuel /Freight Fee: $ O per month (Not to exceed $75.00 per month) The following additional payments are due on the date this Agreement is signed by you: Advance Payment: $ 0 (plus applicable taxes) Applied to: ❑ First ❑ Last Document Fee: $75.00 (included on first invoice) I R12 YOU HAVE SELECTED THE EQUIPMENT. THE SUPPLIER AND ITS REPRESENTATIVES ARE NOT AGENTS OF ANY ASSIGNEE OF OWNER AND ARE NUI Au IHUKILtD IU MUUirY IM ItKIVIJ Ur (- AGREEMENT. YOU ARE AWARE OF THE NAME OF THE MANUFACTURER OF EACH ITEM OF EQUIPMENT AND YOU WILL CONTACT EACH MANUFACTURER FOR A DESCRIPTION OF YOUR WARRANTY RIGHTS. WE MAKE NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR OTHERWISE. WE PROVIDE THE EQUIPMENT TO YOU AS- is ' YOU AGREE TO USE THE EQUIPMENT ONLY IN THE LAWFUL CONDUCT OF YOUR BUSINESS, AND NOT FOR PERSONAL, HOUSEHOLD OR FAMILY PURPOSES. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEGAL, TAX OR ACCOUNTING TREATMENT OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT WE ARE AN INDEPENDENT CONTRACTOR AND NOT A FIDUCIARY OF CUSTOMER. YOU WILL OBTAIN YOUR OWN LEGAL, TAX AND ACCOUNTING ADVICE RELATED TO THIS AGREEMENT AND WILL MAKE YOUR OWN DETERMINATION OF THE PROPER AGREEMENT TERM FOR ACCOUNTING PURPOSES. YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL AND ARE NOT SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER. BOTH PARTIES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL. THIS AGREEMENT SHALL BE DEEMED FULLY EXECUTED AND PERFORMED IN IOWA OR THE STATE OF OWNER OR ITS ASSIGNEE'S PRINCIPAL PLACE. OF BUSINESS, AS ELECTED BY OWNER OR ITS ASSIGNEE, AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SUCH LAWS. IF OWNER OR ITS ASSIGNEE SHALL BRING ANY JUDICIAL PROCEEDING IN RELATION TO ANY MATTER ARISING UNDER THIS AGREEMENT, YOU HEREBY IRREVOCABLY AGREE THAT ANY SUCH MATTER. MAY BE ADJUDGED OR DETERMINED IN ANY COURT OR COURTS IN THE STATE OF IOWA OR THE STATE OF THE OWNER OR ITS ASSIGNEE'S PRINCIPAL PLACE OF BUSINESS, OR IN ANY OTHER COURT OR COURTS HAVING JURISDICTION OVER YOU OR YOUR ASSETS, ALL AT THE SOLE ELECTION OF THE OWNER OR ITS ASSINGEE. YOU HEREBY IRREVOCABLY SUBMIT GENERALLY AND UNCONDITIONALLY TO THE JURISDICTION OF ANY SUCH COURT SO ELECTED BY THE OWNER OR ITS ASSIGNEE IN RELATION TO SUCH MATTERS. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS TO YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE RECEIPT OF PAGES 1 AND 2 OF THIS AGREEMENT AND AGREE TO THE TERMS OF PAGES 1 AND 2..ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT YOU AND US FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. TERMS AND CONDITIONS 1, COMMENCEMENT OF AGREEMENT. Commencement of this Agreement and acceptance of the Equipment shall occur upon delivery of the Equipment to you ( "Commencement Date "). To the extent that the Equipment includes intangible property or associated services such as periodic software licenses and prepaid database subscription rights, such intangible property shall be referred to as "Software ". You understand and agree that we have no right, title or interest in the Software and you will comply throughout the Term of this Agreement with any license and /or other agreement ( "Software License ") entered into with the supplier of the Software ( "Software Supplier"). You are responsible for entering into any Software License with the Software Supplier no later than the Commencement Date of this Agreement. You agree to inspect the Equipment upon delivery and verify by telephone or in writing such information as we may require. The Equipment is accepted by you under this Agreement unless you notify us within three (3) days of delivery that you do not accept the Equipment and specify the defect or malfunction. In that event, we will replace the defective item of Equipment or cancel this Agreement and you will assume all our rights under any purchase order or agreement entered into by us to buy the Equipment. If you signed a purchase order or similar agreement for the purchase of the Equipment, by signing this Agreement you assign to us all of your rights, but none of your obligations under it. All attachments, accessories, replacements, replacement parts, substitutions, additions and repairs to the Equipment shall form part of the Equipment under this Agreement. 2. IMAGE CHARGES. Each month during the Tenn of this Agreement, you agree to remit to us the Minimum Monthly Payment ( "Minimum Payment ") and all other sums when due and payable at the address we provide to you from time to time. In return for the Minimum Payment, you are entitled to produce the Minimum Number of Images for each applicable Image Type each month. You agree that you will remit payments to us in the form of company checks (or personal checks in the case of sole proprietorships), direct debit or wires only. You also agree cash and cash equivalents are not acceptable forms of payment for this Agreement and that you will not remit such forms of payment to us. Payment in any other form may delay processing or be returned to you. Furthermore, only you or your authorized agent as approved by us will remit payments to us. Minimum Payments will include any freight, delivery, installation and other expenses we finance on your behalf at your request. You also agree to pay us the applicable Excess Per Image Charge (plus applicable taxes) for each metered image that exceeds the applicable Minimum Number of Images. We may estimate the number of Images produced if you do not provide us with meter readings within seven (7) days of request. We will adjust the estimated charge for excess images upon receipt of actual meter readings. Notwithstanding any adjustments, you will never pay us less than the Minimum Payment. You agree that after the first twelve (12) months of the Term (or any extension or renewal) of this Agreement, and at the end of each following twelve (12) month period thereafter, the pAiRiiRii��Excess Per Image Charges may be increased by an amount equal to the lesser of: (a) up to 15% of the Excess Per Image Charges in effect at the end of the prior twelve (12) month period; or (b) the maximum percentage permitted by applicable law. At our option, you will: (a) provide us by telephone or facsimile the actual meter readings when requested by us; (b) provide us (or our agent) access to the Equipment to obtain meter readings; or (c) allow us (or our agent) to attach an automatic meter reading device to the Equipment. We may audit any automatic meter reading device periodically. Minimum Payments are due whether or not you receive an invoice. If you have a dispute with the Supplier regarding the Equipment or any service, repair or maintenance of the Equipment (including without limitation, any Equipment designated "Service Only "), you shall continue to pay us all Minimum Payments and Excess Per Image Charges without deduction or withholding of any amounts. You authorize us to adjust the Minimum Payments by not more than 15% to reflect any reconfiguration of the Equipment or adjustments to reflect applicable sales taxes or the cost of the Equipment by the manufacturer and /or Supplier. You agree to pay us an interim payment from and including the Commencement Date through, but not including, the payment due date of the month next following the Commencement Date (the "Interim Rent Period ") at a rate equal to 1 /30th of the Minimum Payment set forth herein for each calendar day during the Interim Rent Period. 3, OTHER CHARGES, You agree to: (a) pay all assessments, taxes and charges governmentally imposed upon Owner's purchase, ownership, possession, leasing, renting, operation, control or use and pay all premiums and Page 1 of 2 Cell 1872(c) r12 03113 our discretion, to either. (1) reimburse us for all personal property and other similar taxes and governmental charges associated with the ownership, possession or use of the Equipment when billed by the jurisdictions; or (2) remit to us each month our estimate of the pro -rated equivalent of such taxes and governmental charges. In the event that the Billing Period sums includes a separately stated estimate of personal property and other similar taxes, you acknowledge and agree that such amount represents our estimate of such taxes that will be payable with respect to the Equipment during the Term. As compensation for our internal and external costs in the administration of taxes related to each unit of Equipment you agree to pay us a "Tax Administrative Fee" equal to $12 . per unit of Equipment per year during the Term, not to exceed the maximum permitted by applicable law. The Tax Administrative Fee, at our sole discretion, may be increased by an amount not exceeding 10% thereof for each subsequent year of the Term to reflect our increased cost of administration and we will notify you of any suc h increase by indicating such increased amount in the relevant invoice or in such other manner as we deem appropriate. We may take on your behalf any actio n required under this Agreement which you fail to take, and upon receipt of our invoice you will promptly pay our costs (including insurance premiums and other payments to affiliates), plus reasonable processing fees. Restrictive endorsements on checks you send to us will not reduce your obligations to us. We may charge you a return check or non - sufficient funds charge of $25 for any check which is returned by the bank for any reason (not to exceed the maximum amount permitted by law). You agree to pay a monthly Fuel /Freight Fee, specified on page 1 of this Agreement, which will be remitted by us to the Supplier. 4. LATE CHARGES. For any payment which is not received within three (3) days of its due date, you agree to pay a late charge not to exceed the higher of 10% of the amount due or $35 (not to exceed the maximum amount permitted bylaw) as reasonable collection costs. 5. MAINTENANCE AND SERVICE; OWNERSHIP AND USE The Supplier identified on page 1 of this Agreement ("Supplier') has agreed to provide FULL SERVICE MAINTENANCE DURING NORMAL BUSINESS HOURS, INCLUDING ALL TONER, DEVELOPER AND PARTS NECESSARY TO PRODUCE IMAGES. YOU MUST PURCHASE COPIER PAPER AND STAPLES SEPARATELY. You acknowledge that: (a) the Supplier is solely responsible for all service maintenance of the Equipment set forth herein; (b) in the event that we assign this Agreement, our assignee (1) shall not be responsible for any service, repair or maintenance of the Equipment; and (2) will bill (on a pass through basis) on behalf of Supplier any applicable Excess Per Image Charges and the portion of the Minimum Payment attributable to service maintenance of the Equipment, whether "Service Only" or not; and (c) no assignee of us shall be a parry to any service maintenance agreement You agree to pay for service maintenance outside of the Supplier's normal business hours for service required by your negligence or misuse of the Equipment at Supplier's customary rates. We reserve a security interest in the Equipment to secure all of your obligations under this Agreement. We own the Equipment and you have the right to use the Equipment under the terms of this Agreement. If this Agreement is deemed to be a secured transaction, you grant us a first priority security interest in the Equipment to secure all of your obligations under this Agreement. We hereby assign to you all our rights under any manufacturer and /or supplier warranties, so long as you are not in default hereunder. You must keep the Equipment free of liens. You may not remove the Equipment from the address indicated on page 1 of this Agreement without first obtaining our approval. You agree to: (a) keep the Equipment in your exclusive control and possession; (b) use the Equipment in conformity with all insurance requirements, manufacturer's instructions and manuals; (c) keep the Equipment repaired and maintained in good working order and as required by the manufacturer's warranty and specifications; and (d) give us reasonable access to inspect the Equipment and its maintenance and other records. If any Equipment is designated "Service Only ", you acknowledge and agree that: (1) we do not own such Equipment; (2) we are not providing such Equipment to you pursuant to the terms of this Agreement; (3) Supplier has agreed to provide full service maintenance of such Equipment pursuant to the terms outlined above; (4) the portion of the Minimum Payment which relates to such Equipment includes only the full service maintenance of such Equipment and not the use or rental of the Equipment; and (5) such "Service Only" Equipment may be added to or deleted from its Agreement by written notice from Supplier to us; provided that such addition or deletion does not modify the Minimum Payment or any other terms of this Agreement. 6. INDEMNITY. You are responsible for all losses, damages, claims, infringement claims, injuries and attomeys' fees and costs, including, without limitation, those incurred in connection with responding to subpoenas, third party or otherwise ( "Claims "), incurred or asserted by any person, in any manner relating to the Equipment, including its use, condition or possession. You agree to defend and indemnify us against all Claims, although we reserve the right to control the defense and to select or approve defense counsel. This indemnity continues beyond the termination of this Agreement for acts or omissions which occurred during the Term of this Agreement. You also agree that this Agreement has been entered into on the assumption that we are the owner of the Equipment for U.S. federal income tax purposes and will be entitled to certain U.S. federal income tax benefits available to the owner of the Equipment. You agree to indemnify us for the loss of any U. S. federal income tax benefits resulting from the failure of any assumptions in this Agreement to be correct or caused by your acts or omissions inconsistent with such assumption or this Agreement. In the event of any such loss, we may increase the Minimum Payments and other amounts due to offset any such adverse effect. 7. LOSS OR DAMAGE. if any item of Equipment is lost, stolen or damaged you will, at your option and cost, either: (a) repair the item or replace the item with a comparable item reasonably acceptable to us; or (b) pay us the sum of: (i) all past due and current Minimum Payments, Excess Per Image Charges and other charges; (ii) the present value of all remaining Minimum Payments and other charges for the effected item(s) of Equipment, discounted at the rate of 6% per annum (or the lowest rate permitted by law, whichever is higher); and (iii) the Fair Market Value of the effected item(s) of Equipment. We will then transfer to you all our right, title and interest in the effected item(s) of Equipment AS -IS AND WHERE -IS, WITHOUT ANY WARRANTY AS TO CONDITION, TITLE OR VALUE. Insurance proceeds shall be applied toward repair, replacement or payment hereunder, as applicable. In this Agreement, "Fair Market Value" of the Equipment means its fair market value at the end of the Term, assuming good order and condition (except for ordinarywear and tear from normal use), as estimated by us. No such loss or damage shall relieve you from your payment obligations under this Agreement. 8. INSURANCE. You agree, at your cost, to: (a) keep the Equipment insured against all risks of physical loss or damage for its full replacement value, naming us as loss payee; and (b) maintain public liability insurance, covering personal injury and Equipment damage for not less than $300,000 per occurrence, naming us as additional insured. The policy must be issued by an insurance carrier acceptable to us, must provide us with not less than 15 days' prior written notice of cancellation, non - renewal or amendment, and must provide deductible amounts acceptable to us. If you do not provide acceptable insurance, we have the right but no obligation to obtain insurance covering our interest (and only our interest) in the Equipment for the Agreement Term and any renewals. Any insurance we obtain will not insure you against third party or liability claims and may not be cancelled at any time. In the event that we elect to obtain such insurance, you will be required to pay us an additional amount each Billing Period for the cost of such insurance and an administrative fee, the cost of which insurance and administrative fee may be more than the cost to obtain your own insurance and on which we may make aprofit. 9. DEFAULT. You will be in default under this Agreement it (a) you fail to remit to us any payment within ten (10) days of the due date or breach any other obligation under this Agreement; (b) a petition is filed by or against you or any guarantor under any bankruptcy or insolvency law; (c) any representation made by you is false or misleading in any material respect; (d) you become insolvent, are liquidated or di ssolved, merge, transfer a material portion of your ownership interest or assets, stop doing business, or assign rights or property for the benefit of creditors; or (e) you default under any other agreement with us or our assignees. 10. REMEDIES. If you default, we may do one or more of the following: (a) recover from you, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY, the sum of: (i) all past due and current Minimum Payments, Excess Per Image Charges and other charges; (ii) the present value of all remaining Minimum Payments other charges, discounted at the rate of 6% per annum (or the lowest rate permitted by law, whichever is higher); and (iii) the Fair Market Value of the Equipment; (b) declare any other agreements between us in default; (c) require you to return all of the Equipment in the manner outlined in Section 11, or take possession of the Equipment, in which case we shall not be held responsible for any losses directly or indirectly arising out of, or by reason of the presence and /or use of any and all proprietary information residing on or within the Equipment, and to lease or sell the Equipment or any portion thereof, and to apply the proceeds, less reasonable selling and administrative expenses, to the amounts due hereunder; (d) charge you interest on all amounts due us from the due date until paid at the rate of 1 -112% per month, but in no event more than the lawful maximum rate; and (e) charge you for expenses incurred in connection with the enforcement of our remedies including, without limitation, repossession, repair and collection costs, attorneys' fees and court costs. These remedies are cumulative, are in addition to any other remedies provided for by law, and may be exercised concurrently or separately. Any failure or delay by us to exercise any right shall not operate as a waiver of any other right or future right. 11. END OF TERM OPTIONS RETURN OF EQUIPMENT. If you are not in default, at least 60 days (but not more than 120 days) prior to the end of the Term (or the Renewal Term) you shall give us written notice of your intention at the end of the Term (or the Renewal Term) which election cannot be revoked, to return aft, but not less than all, of the Equipment. IF YOU DO NOT PROVIDE US WITH SUCH WRITTEN NOTICE AND RETURN ALL OF THE EQUIPMENT AT THE END OF THE TERM, THEN THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR ONE ADDITIONAL TERM OF TWELVE (12) MONTHS, AND THEREAFTER ON A SUCCESSIVE MONTH -TO- MONTH BASIS (THE ADDITIONAL 12 MONTH TERM AND SUCCESSIVE MONTHLY RENEWALS, EACH A "RENEWAL TERM ") and all of the provisions of this Agreement shall continue to apply, including, without limitation, your obligations to remit Minimum Payments, Excess Per Image Charges and other charges, until all of the Equipment is returned to us (either because we demand return of the Equipment or you decide to return the Equipment). If you are in default, or at the end of the Term (or the Renewal Term), you shall: (1) return all of the Equipment, freight and insurance prepaid at your cost and risk, to wherever we indicate in the continental United States, with all manuals and logs, in good order and condition (except for ordinary wear and tear from normal use), packed per the shipping company's specifications; and (2) securely remove all data from any and all disk drives or magnetic media prior to returning the Equipment (and you are solely responsible for selecting an appropriate removal standard that meets your business needs and complies with applicable laws). You will pay us for any loss in value resulting from the failure to maintain the Equipment in accordance with this Agreement or for damages incurred in shipping and handling. 12. ASSIGNMENT. You may not assign or dispose of any rights or obligations under this Agreement or sublease the Equipment without our prior written consent. We may, without notifying you: (a) assign all crony portion of this Agreement or our interest in the Equipment; and (b) release information we have about you and this Agreement to the manufacturer, Supplier or any prospective investor, participant or purchaser of this Agreement. If we do make an assignment under subsection 12(a) above, our assignee will have all of our rights under this Agreement, but none of our obligations. You agree not to assert against our assignee claims, offsets or defenses you may have against us. 13. MISCELLANEOUS. Notices must be in writing and will be deemed given five (5) days after mailing to your (or our) business address. You represent that: (a) you have authority to enter into this Agreement and by so doing you will not violate any law or agreement; and (b) this Agreement is signed by your authorized officer or agent. This Agreement is the entire agreement between us, and cannot be modified except by another document signed by us. This Agreement is binding on you and your successors and assigns. All financial information you have provided is true and a reasonable representation of your financial condition. You authorize us, our agent or our assignee to: (a) obtain credit reports and make credit inquiries; (b) furnish your information, including credit application, payment history and account information, to credit reporting agencies and our assignees, potential purchasers or investors and parties having an economic interest in this Agreement or the Equipment, incl uding, without limitation, the seller, Supplier or any manufacturer of the Equipment; and (c) you irrevocably grant us the power to prepare, sign on your behalf (if applicable), and file, electronically or otherwise, Uniform Commercial Code ( "UCC ") financing statements and any amendments thereto or continuation thereof relating to the Equipment, and containing any other information required by the applicable UCC. Any claim you have against us must be made within two (2) years after the event which caused it. If a court finds any provision of this Agreement to be unenforceable, all other terms shall remain in effect and enforceable. You authorize us to insert or correct missing information on this Agreement, including your proper legal name, serial numbers and any other information describing the Equipment. If you so request, and we permit the early termination of this Agreement, you agree to pay a fee for such privilege. THE PARTIES INTEND THIS TO BE A "FINANCE LEASE" UNDER ARTICLE 2A OF THE UCC, YOU WAIVE ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC. YOU FURTHER HEREBY ACKNOWLEDGE AND AGREE THAT WE AND /OR THE SUPPLIER MAY MAKE A PROFIT ON ANY AND ALL FEES REFERENCED HEREIN AND, IN SO DOING WAIVE ANY AND ALL CLAIM WHICH YOU MAY HAVE FOR UNJUST ENRICHMENT. We may receive compensation from the manufacturer and /or Supplier of the Equipment in order to enable us to reduce the cost of this Agreement below what we otherwise would charge. If we received such compensation, the reduction in the cost of this Agreement is reflected in the Minimum Payment. 14. ELECTRONIC TRANSMISSION OF DOCUMENTATION, This Agreement may be executed in counterparts. The executed counterpart which has our original signature and /or is in our possession shall constitute chattel paper as that term is defined in the UCC and shall constitute the original agreement for all purposes, including, without limitation: (1) any hearing, trial or proceeding with respect to this Agreement; and (ii) any determination as to which version of this Agreement constitutes the single true original item of chattel paper under the UCC. If you sign and transmit this Agreement to us by facsimile or other electronic transmission, the transmitted copy shall be binding upon the parties. You agree that the facsimile or other electronic transmission of this Agreement manually signed by us, when attached to the facsimile or other electronic copy signed by you, shall constitute the original agreement for all purposes. The parties further agree that, for purposes of executing this Agreement, and subject to our prior approval and at our sole discretion: (a) a document signed and transmitted by facsimile or other electronic transmission shall be treated as an original document; (b) the signature of any party on such document shall be considered as an original signature; (c) the document transmitted shall have the same effect as a counterpart thereof containing original signatures; and (d) at our request, you, who executed this Agreement and transmitted its signature by facsimile or other electronic transmission shall provide the counterpart of this Agreement containing your original manual signature to us. No party may raise as a defense to the enforcement of this Agreement that a facsimile or other electronic transmission was used to transmit any signature of a party to this Agreement. Page 2 of 2 Cell 1872(c) r12 03/13 EL2p2�sa6 for The Citv of Baldwin Park Konica950 Qtry Lease & Print Shop 52,419 $2006.47 60 months Service 222 Finance 8,50 $668.82 mo $1,379.00 $2,047.82 250 Human Res 4,498 7222 Teen Center 1,581 7022 Barnes Park 417 gn 67,4231 $668.82 $1,379.001, $25047.82 Proposed for 60 Mo I s Lease & City of Baldwin Ave BW Base Monthly Service Park Volume BW Service Lease Monthly totals lincluded 88295 Print Shop 52,41 g 67000 $448.90 $1010.00 $1,458.90 CanonlIR25351 Finance Fax 1 8,608 CanonjIR2626 HR Fax 4,498 4231 X$0.0067= I Ove Canon'IR2525 Teen Center 1,581 Canon IR2626 Barnes Park 417 IN 67.4231 lilliml-iil-'. Overaqe $0.0067 PM L- 10� so *CBE to provide Data Wipe Existing Konica's and fully close lease with GE Capital and Ship Konica back at lease end. *CBE provide Delivery, Set up, Installation , Professional training with contacts transferred to new devises. All Figures Pre-Tax Quote Expires 2127/2014 City of Baldwin Park Quote based on California State University Master Enabling Agreement. ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ a City Quote based on California State University Master Enabling ent. jil 1 ,. r . • • 1+ Cost per # • Program coverage i n-site maintenance Service Response , Hours images billed • 0.0067 • Quarterly V CBE to Close Lease i • r and Ship Back to GE Capital at lease • CBE to provide D. i • i VCBE to transfer Existing Contacts to new ! printer. v/Service includes all Parts, Labor, Supplies (except paper & staples) All figures Pre-tax Contact — Guy Adams • 1 • 0 • s • r - City of Baldwin Quote based on California State University Master Enabling 0 I F111 Oil YEAR PERFORMANCE GUARANTEE Cost per Copy Full Service Program ✓ Full coverage on -site maintenance Service Response 2 -4 Hours ✓ B&W images billed @ 0.0067 Monthly or Quarterly ✓ CBE to Close Lease Existing Konica 's and Ship Back to GE Capital at lease end. CBE to provide Data Wipe Certificate Existing Konica's ✓CBE to transfer Existing Contacts to new Canon printer. ✓Service includes all Parts, Labor, Supplies (except paper & staples) All figures Pre -tax Contact Adams 818.421.2495 �• 1'.i • 1 11 jp­pp� 1111 111 Lit it 1111,111,114 111', 11411 11 I!iF]IIj i I City of Baldwin Park Quote based on California State University Master Enabling Agreement. i a r i a - r City of Baldwin r Quote based on California State University Master Enabling Agreement. :r11TTIMi'��11:4 1 Cost per Copy Full Service Program ✓ Full coverage on -site maintenance Service Response 2 -4 Hours ✓ B&W images billed a@ 0.0067 Monthly or Quarterly ✓ CBE to Close Lease Existing Konica's and Ship Back to GE Capital at lease end. CBE to provide Data Wipe Certificate Existing Konica's ✓CBE to transfer Existing Contacts to new Canon printer. ✓Service includes all Parts, Labor, Supplies (except paper & staples) All figures Pre -tax Contact Adams 818.421.2495 OTOTO t SHARP AWARDED NJPA CONTRACT FOR MFPs and PROFESSIONAL DISPLAY PRODUCTS Recognition a testament to Sharp's dependability in providing industry-leading products customers February 12,2015 Proposal for The Citv of Baldwin Parl-,i ,onica950 Irint Shop Quarterly $2006.47 22 Finance Proposed for Lease & City of Baldwin Ave BW Monthly 60 Mo's Service monthly Park Volume Base BW Service Lease totals Included VIX-M904 Print ShoD 52.4147000 $448.90 $1021.00 $1.469.90 MX-M264N Barnes • *CBE to provide Data Wipe Existing Konica's and fully close lease with GE Capital and Ship back at lease end *CBE provide Delivery, Set up, Installation , Professional training with contacts transferred to New Devices. All Figures Pre -Tax Quote Expires 2/27/2015 Quote based on N2 /Ong Join{ Powers Alliance Agreement, »»mc\ #d +\ + \\ :, Contact -G a Adams- 818.421.2495 City . Baldwin Pa Sharp MX-M264N Replace Konica 7222 Human Resources o. . i is ` Cost per Copy Full Service Program images Full coverage on-site maintenance Service Response 2-4 Hours billed • 0.0067 • or CBE to Close Lease Existing Konica 's and Ship Back to GE Capital at lease e it. a to provide r: s Wipe Certificate Existing • r includes ,,/CBE to transfer Existing Contacts to new Canon printer. • • • lies (except paper & str • ° All figures Pre-tax Contact Adams 818.421.2495 � l s l l 1 / ♦' / .� j City of Baldwin Par Quote based on i nal Joint Powers Alliance �' • I fir, � � � wix -;; �;. ? � :w" a ac ,r, Cost per Copy Full Service Program Full coverage i maintenance ` •1' i Hours V B&W images billed @ 0.0067 Monthly or Quarterly v1 CBE to Close Lease Existing Konica 's and Ship Back to GE Capital at !ease end. CBE to provide Data Wipe vCBE to transfer Existing Contacts to new Canon printer. ,/Service includes all Parts, Labor, Supplies (except paper & staples) Certificate A Pre-tax Contact Adams 818.421.2495 R R = • R R" R City of Baldwin P a d Quote \7:f¥ on ?7 »f».,2 *22 f! «° « . � �.1 Lpr MK . :.w¥ \ . s,,. <I .a. . . / V :r3) �? } 7 Z d// d EMUS UM Contact ct Guy Adams 818.421.2495 FMTPTSV� The City of Baldwir Park Ricoh Overview Ricoh is committed to assisting governmental agencies and nonprofit organizations with your document management needs. Through our relationship with U.S. Communities, Ricoh is uniquely positioned to help your organization take full advantage of the latest digital technology. U.S. February 12,2015 Proposal for The Citv of Baldwin Park onica95O Frint Shop MP3054SP Finance Qtry $2006.4-7 U Finance Ricoh Fax 08 EZO Human I III Res RicohMP2664SP HR Fax 4,498 423 X $0.0067= Ove TITTT"M "M R b Proposed for Lease & City of Baldwin Ave BW Base Monthly 60 Mo's Service monthly Park Volume BW Service Lease totals Included Ricoh Pro 8100 Print ShoD 5241967000 $448.90 $1141.00 $1,689.90 *CBE to provide Data Wipe Existing Konica's and fully close lease with GE Capital and Ship back at lease end . *CBE provide Delivery, Set up, Installation, Professional training with contacts transferred to New Devices. All Figures Pre-Tax Quote Expires 2/27/2015 MP3054SP Finance Ricoh Fax 08 RicohMP2664SP HR Fax 4,498 423 X $0.0067= Ove MP2654SP Teen Ricoh Center 1,681 IMP2564SP Barnes Ricoh Park 4171 67,42310verage 1 $0.0067 1 *CBE to provide Data Wipe Existing Konica's and fully close lease with GE Capital and Ship back at lease end . *CBE provide Delivery, Set up, Installation, Professional training with contacts transferred to New Devices. All Figures Pre-Tax Quote Expires 2/27/2015 III 1 L c i Close Ricoh Pro 81OOs-Replace Konica 950 Print Shop 5 YEAR PERFORMANCE GUARANTEE Cost per Copy Full Service Program • Full coverage on-site maintenance Service Response 2-4 Hours • B&W images billed @ 0.0067 Monthly or Quarterly Lease • Konica o and • Back Capital s lease end. CBE to provide Data Wipe Certificate Existing Konica's vCBE to transfer includes VService Parts, Labor, •• (except r•' s> staples All figures Contact • . 818.421.2495 i7oodfhwWft February 27,2015 Quote based on US Communities Agreement. i -•' • •- Cost per •• - Program images Full coverage on-site maintenance Service Response 2-4 Hours billed • 0.0067 • or Quarterly v/ CBE to Close Lease Existing Konica's and Ship Back to GE Capital at lease end. CBE to provide Data Wipe Certificate Existing •, v /CBE to transfer Existing Contacts to new Canon printer. includes all Parts, Labor, Supplies (except paper ♦ ri All figures Pre-tax Contact Adams 818.421.2495 7 / / / / /' / City of Baldwin Park Quote based on US Communities Agreement. Ricoh M P2554S P-Rep lace Konica 7222 Human Resources I- MM LI A City of Baldwin Quote based on US Communities Agreement. 5 YEAR PERFORMANCE GUARANTEE Cost per • • Full Service Program coverage i maintenance Service Response Hours images billed a 0.0067 • or v CBE to Close Lease Existing ! r and i Back to GE Capital at includes lease end. CBE to provide Data Wipe Certificate Existing Konica's v /CBE to transfer Existing Contacts to new Canon printer. Parts, Labor, ii (except paper & staples) All f' • , ' " act — Guy Adams 818.421.2495 City o \ Baldwin Park Quote based on US Communities Agreement. -7 ITEM NO. !m STAFF REPORT TO: The Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Director of Community Development DATE: March 18, 2015 SUBJECT: Support of the League of California Cities Opposing The Governor's Budget Proposal Affecting Redevelopment Dissolution (RN#15 08847) This report is to approve a letter to the State Department of Finance in support of the League of California Cities in opposition to the Governor's budget proposal affecting redevelopment dissolution (RN#15 08847). FISCAL IMPACT There is no fiscal impact related to approving a letter of support. Staff recommends that the City Council approve a letter to the Department of Finance in opposition to the Governor's budget proposal affecting redevelopment dissolution (RN#15 08847) BACKGROUND In January 2015, Governor Brown announced details of his proposed Fiscal Year 2015-16 budget. This budget outlines a proposal to "simplify" the dissolution process and add "finality" to reduce the burden to all parties involved, including cities with a Successor Agency to a former Redevelopment Agency such as Baldwin Park. The League of California Cities has analyzed the Governor's budget proposal and is currently working with the Department of Finance (DOF) to resolve areas of concerns. The League's analysis of the proposal can be summarized in two major categories: 1) Items that can be possibly worked out with the DOF; and 2) Areas of significant concerns. Respectively, they are: 1) Items that can be negotiated depending on the details: a. Transition to an annual ROPS process starting in July 2016. b. Authorizing a "Last and Final" ROPS option beginning in September 2015. c. Clarifying that tax increments caps and RDA plan expirations do not apply for purpose of repaying all enforceable obligations. League Support Letter March. 18, 2015 Page 2 of 4 d. Specifying that all statutory pass - through payments end. upon termination of all Successor Agency enforceable obligations. 2) Areas of significant concern (most affecting pending disputes and litigation): a. An objective to "minimize the potential erosion of property tax residuals ". b. Prohibit reentered agreements that are not for the purpose of providing administrative support activities. c. Declaring that DOF is exempt from the regulatory process. d. Reversing the existing law holding that litigation expenses are enforceable obligations and requiring that such costs come from the administrative cost of the Successor Agency. in conclusion, the League has determined that, collectively, the changes seek to reverse court decisions, change laws retroactively, undo previous incentives, and limit transparency, accountability and opportunities for local agencies to protect their legal rights. Together, these provisions far overshadow other minor offerings. Therefore, the League is urging the DOF to reject this proposal unless areas of concerns are removed or resolved. A draft letter was proposed by the League of California Cities to that effect, to be sent to the Department of Finance. LEGAL REVIEW: No Legal Review is necessary at this time ALTERNATIVES The City Council may decide to not send the letter to the Department of Finance. Attachments: • Letter - Notice of Opposition to the Governor's Budget Proposal (RN #15 08847) • League of California Cities — Key Issues Letter a Notice March 19, 2015 The Honorable Adrin Nazarian, Chair Assembly Budget Subcommittee on State Administration #4 State Capitol Building, Room 4146 Sacramento, CA 95814 FAX: (916) 319 -2199 RE: Governor's Budget Proposal Affecting Redevelopment Dissolution (RN #15 08847) Notice of Opposition Dear Chairman Nazarian: On behalf of the City of Baldwin Park, I regret to notify you of our opposition to the Governor's Budget Proposal Affecting Redevelopment Dissolution (RN #15 08847). Collectively, the changes seek to reverse court decisions, change laws retroactively, undo previous incentives, and limit transparency, accountability and opportunities for local agencies to protect their legal rights; these provisions far overshadow other minor offerings. This proposal is so harmful to the interests of cities that we urge you to reject the entire proposal if they are not removed. The Department of Finance had a full hand in drafting the laws the Courts are interpreting. If local governments are expected to comply with and respect these laws, then the state should as well and not seek to insert new retroactive provisions in an attempt to avoid Court rulings deemed unfavorable and stifle the ability of local agencies to protect their legal rights. The City of Baldwin Park respectfully urges your opposition to this proposal unless all provisions harmful to cities are removed. Manuel Lozano Mayor Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio Mayor Pro -Tem Councilmember Councilmember Councilmember cc: Honorable Senator Ed Hernandez Honorable Assembly Member Roger Hernandez Jennifer Quan, League of California Cities, Regional Public Affairs Manager Meg Desmond, League of California Cities, mdesmond @cacities; FAX: (916) 658 -8240 League of California Cities — Key Issues Page 1 of 3 League of California Cities Key Issues with DOF RDA Dissolution Trailer Bill' The League of California Cities is Opposed to the following provisions due to their many harmful impacts on existing cities. We are asking legislators to either remove these provisions or reject the proposal in its entirety. 1) Overturns recent Court of Appeal decision upholding reentered agreements approved by Oversight Boards. This change seeks to overturn Emeryville v. Cohen and impacts and retroactively invalidates dozens of agreements validly entered into by cities and successor agencies around the state and approved by the governing Oversight Board in those jurisdictions based upon finding that the projects were in the best interests of all impacted taxing entities. (Section 3417 page 49 47, 48, Subdivision (h.) page 57 and 58). vAaniy other cities are affected by this provision in addition to Emeryville: Bellflower; Citrus Heights; Coronado; Danville; Lawndale; Loma Linda; Petaluma; Riverside; San Leandro; Santa Rosa; Sunnyvale; Twenty -Nine Palms; Ukiah; Union City; and Watsonville. 2) Undoes incentives previously offered to successor agencies to make three required payments to become eligible for a DOF "finding of completion." This proposal retroactively prohibits the reinstatement of reimbursement agreements between a city and a redevelopment agency for public improvements constructed by a third party; also makes these loans subject to RDA plan time limits that don't apply to full repayment of other debts. (Subparagraph (2), page 67) also ((Section 34189, Page 64 and 65) 3) Retroactively undoes the effects of the February 13, 2815, ruling in Glendale v. DOF over the appropriate method of calculating interest rates on reinstated loans. Judge Chang of the Sacramento Superior Court recently issued a ruling that holds that the LAIF rate that would apply to the accumulated balance on a loan was the rate in effect over the life of the loan since origination. The judge rejected DOF's contention that the rate was the current rate on a fixed date. The language (Subparagraph (3), on page 67) deletes the pertinent language relied on by the Court and substitutes a rate "up to" one percent. Such a change would be a major loss of funds needed by local agencies to provide public safety and other vital services, and also significantly reduces the 20% set -aside for affordable housing. 4) Undercuts local agency ability to protect legal rights by revoking statutory authority to recover legal costs outside of existing administrative cost cap. Existing law provides that litigation costs related to assets, obligations, settlements, and judgments are not part of the administrative cost allowance. This change would be a complete reversal of previous legislative authority. (Section 34171 (b), Page 2). The dispute resolution process established is clear: (1) oversight board approval; (2) DOF review of the BOPS; (3) an opportunity to "meet and confer" with DOF on outstanding issues; and (4) an opportunity to appeal any final DOF decisions in a Court of Law. Successor agencies have also had to respond to lawsuits filed against the successor agency by other parties. For efficiency, all cases were directed to the Sacramento Superior Court. This proposal restricts any litigation expenses to a limited administrative cost 1 Comments Based upon 02/18/15 version RN # 15 08847; this version currently has an urgency clause requiring a 2 /3rds vote. Page 2 of 3 allowance, which is even further constrained in other areas of this proposa12. Further limitations (Subdivision (F), page 6) prohibit a city's ability to independently assist with litigation costs3. The objective of these provisions can have no other purpose but to severely limit a community's ability to protect its legal rights. 5) Retroactively repeals authority for cities to make loans to successor agencies approved by oversight boards for "project- related expenses." Imposes interest restrictions on other such loans and makes repayment subordinate to all other payments and only if funding available. When redevelopment was eliminated, many projects were underway, incomplete or required routine maintenance, continuation of security services, etc. To ensure such public investments did not languish or deteriorate, AB 26 authorized cities to loan funds to the successor agencies with the approval of the oversight boards. This provision retroactively reverses such authority and restricts the ability of the City to recover other such loans ..'hich ..sere made in compliance with existing law and good faith. (Subdivision (h), Page 14) 6) Retroactively exempts all DOF actions from the Administrative Procedures Act. Redevelopment dissolution law has put DOF in a position of making thousands of quasi - judicial decisions with enormous financial and other consequences for affecting individual communities, properties and third parties. The proposed language (Section 34170.1, Page 2) deems such actions equivalent to "the preparation, development or administration of the state budget." Should such a change be enacted -- especially in combination with other aspects of this proposal which attempts to reduce an ability of a successor agency to challenge DOF actions in Court —it would insulate the department's quasi - judicial decisions from needed transparency, accountability and scrutiny. This is especially troubling when in over two dozen Cases Courts have ruled that DOF abused its discretion when administering RDA Dissolution Law. 7) Retroactively prohibits previously authorized work associated with "winding down" the work of a former redevelopment agency. Successor agencies are empowered to hire staff to assist with the work of "winding down" the former redevelopment agency. All of this activity is, of course, subject to review and approval of the oversight board. This proposal (Section 34177.3, Page 38 and 39) creates a long list of exclusions including "site remediation, removal of graffiti... and other similar work" to the term "winding down" and makes it retroactive. This change is puzzling, since successor agencies have an obligation to maintain the assets of the former redevelopment agency. 2 The amount available for the successor agency's administrative cost allowance is further restricted by language (Subparagraph (3), Page 3) which requires the amounts of loans repaid to a city as well as the amount of a prior administrative cost allowance to be deducted before applying the 3% factor. Subparagraph (4) on Page 3 further restricts possible funding by imposing a maximum 50% cap. All of these restrictions ignore the existing authority of an oversight board to review a successor agency's administrative cost allowance and reduce it where appropriate. This language should also be contrasted with (Subdivision (j) on Page 54) which authorizes a county auditor - controller to recover "all associated costs, including those of other county departments providing related services." 3 Subdivision (h) on Page 14, repeals existing authority for a city to loan or grant funds to a successor agency. This language also excludes "grants" which appears to work in tandem with other aspects of this proposal designed to limit the ability of the successor agency to carry out the work of dissolving redevelopment. Page 3 of 3 Other Issues: Provided the aforementioned harmful provisions are removed, many of the following provisions are, in isolation, potentially workable. The League is willing to work on these and other consensus -based changes to the dissolution process. 1. 2011 refunding bonds. Agreements between a city and successor agency to refunding or refinancing of bonds prior to June 27, 2011, is considered an enforceable obligation. (Subparagraph (2), Page 7) 2. Extension of RDA Time Limits to Repay Bond Debts: An issue that has arisen is how debts will be repaid if the time limits of a former redevelopment agency have expired. This proposal waives those limits for bond repayments only, so the question remains what happens to other enforceable obligations that remain to be paid. (Section 34189, Page 64 and 65) 3. Annual ROPS: Changes from 6 -month to annual BOPS process commencing July 1, 2016. (Subdivision (h), Page 8), Pages 34 -37. 4. Final and Conclusive: Provides DOF with 100 days to render a decision on a final and conclusive request. (Subdivision (i), Page 45 and 46) 5. Long Range Property Management Plans: Provides some helpful clarification that DOF does not need to review either (1) transfers of governmental property or (2) transfers of property to be retained for development pursuant to a DOF approved Long Range Property Management Plans. It appears, however, that transfers to a third party are missing from this list. (Subdivision (h), Pages 52 and 53) 6. Countywide Oversight Boards: There are a number of issues that are raised with the planned transition to countywide oversight boards. (Subdivision (j), Page 54) 7. Public Parking Lots: Adds parking lots to the list of facilities deemed to be for a governmental purpose, provided they do not generate revenue in excess of reasonable maintenance costs. (Subparagraph (2), page 59). Agencies with previously approved plans may amend their plans to incorporate these parking lots. (Subdivision (b), Page 66). 8. Auditor - Controller audits: Makes revisions to the existing audit process. Section 34186, Page 60 and 61). 9. Process for Dissolving Successor Agency following debt repayment: (Page 62, 63 and 64) 10. Optional Last and Final BOPS Process: Offers a last and final ROPS process to those agencies where issues are resolved and debt repayment can be placed on autopilot. (Pages 72 -79) ITEM NO. STAFF REPORT of'Vu`"l, TO: Honorable Mayor and City Councilmembers H5: ,A , p kEFROM: Daniel Wall, P.E., Director of Public Works / City Enginee i IEL DATE: March 18 , 2015 Y' a P �I SUBJECT: Amendment of General On -Call Professional Services Agreements SUMMARY At the request of the Mayor at the February 18, 2015 City Coucncil Meeting, this stem is being hrn'aght before the City Council. This item will amend the three General On -Call Professional Services Agreements that the City Council Approved on June 18, 2014. Approval of this item would make changes to the compensation section of all three agreements and would add Building Inspections and Plan Check Services to the scope of services to be provided by Infrastructure Engineers. FISCAL IMPACT The Adoption of this resolution has no impact at this time to the General Fund or any other City Funds. Services to be performed by the consultants would be paid for with appropriated funds. RECOMMENDATION It is recommended that the City Council authorize the amendments to the three General On -Call Professional Services Agreements. BACKGROUND In order to expedite the delivery of Capital Projects requiring the services of consultants, on June 18, 2014, the City Council took the following actions: Entered into a three -year on -call professional services agreement with Infrastructure Engineers of Orange for Civil and Traffic Engineering Design Services; Project Management, Construction Management, and Inspection Services for General Engineering Projects; and Land Surveying Services; and, 2. Entered into a three -year on -call professional services agreement with Vanir Construction Management of Los Angeles for Project Management, Construction Management, and Inspections Services for Building Projects; Landscape Architecture Design Services; Pavement and Geotechnical and Materials Testing Services; Environmental Document Services; Community Relations /Public Outreach Services; Grant Writing Services; and Labor Compliance Services; and, 3. Enter into a three -year on -call professional services agreement with La Canada Design Group of Pasadena for Architectural Design Services. The proposed contract amendments will add Building Inspection and Plan Checking to the services to be provided by Infrastructure Engineers. The proposed contract amendments will change Section 7 of all three Agreements from: 7. Compensation A. Subject to any limitations set forth in this Agreement, City agrees o pay Consultant the amounts specified in future amendments to this agreement. Total Compensation, including reimbursement for actual expense, shall not exceed ten thousand ($10,000), unless additional compensation is approved in writing by the Chief Executive Officer or the City or the City Council. B. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the per�urmance of this Agreement. To the Proposed: 7. Compensation A. All task orders issued to the Consultant shall be authorized by the City's Chief Executive Officer or his designated Director and agreed by the Consultant. The task order must specify the scope of work, duration of the task assigned, and the amount of compensation, and shall not exceed fifty ($50,000) unless approved by action of the City Council. B. Total expenditures under the contract shall not exceed $100,000 per fiscal year unless approved by action of the City Council. Expenditures must not exceed amounts appropriated for such work through the City Council Approved Budget or, through a separate specific budget appropriation. C. City agrees to compensate the Consultant for each service which Consultant performs to the satisfaction of the City in accordance the scheduled Hourly Rates and Price Sheet set forth in Exhibit A of the Agreement. Payments will be made only after submission of milestone work product and submission of proper invoices in the forms specified by the City. D. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope of issued task orders shall be paid by CITY. LEGAL REVIEW This item has been reviewed by the City Attorney. ALTERNATIVES Alternatively, the City Council could choose to continue with the on -call professional services agreements as -is, or change the amount not requiring Council approval to $25,000 or some other amount, and /or change the fiscal year spending cap to some other amount. ATTACHMENTS 1. Professional Services Agreement Amendment with Infrastructure Engineers 2. Professional Services Agreement Amendment with Vanir Construction Management 3. Professional Services Agreement Amendment with La Canada Design Group This amends the Agreement is entered into on the 18th day of June, 2014 by and between the City of Baldwin Park ( "CITY ") and Advanced Applied Engineering Inc, DBA Infrastructure Engineers ( "SERVICE PROVIDER "). A. Additional Scope of Work 1. CITY has determined that it requires the following professional services from a SERVICE PROVIDER: Building Inspection and Plan Check Services in addition to the other services specified in the agreement. 2. SERVICE PROVIDER represents that it is fully qualified to perform such 1 b ,-t f'4 th training —] c and expertise of it prvt�SSioiiai Services y viiiue 01 "its ex— ai'id «�" U- 1111.1r, CGUI ,at1C`n a. t, s principals and employees. SERVICE PROVIDER further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of the Agreement. B. Change in Compensation Remove section 7. Compensation and replace it with the following: A. All task orders issued to the Consultant shall be authorized by the City's Chief Executive Officer or his designated Director and agreed by the Consultant. The task order must specify the scope of work, duration of the task assigned, and the amount of compensation, and shall not exceed fifty ($50,000) unless approved by action of the City Council. B. Total expenditures under the contract shall not exceed $100,000 per fiscal year unless approved by action of the City Council. Expenditures must not exceed amounts appropriated for such work through the City Council Approved Budget or, through a separate specific budget appropriation. C. City agrees to compensate the Consultant for each service which Consultant performs to the satisfaction of the City in accordance the scheduled Hourly Rates and Price Sheet set forth in Exhibit A of the Agreement. Payments will be made only after submission of milestone work product and submission of proper invoices in the forms specified by the City. D. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope of issued task orders shall be paid by CITY. TO EFFECTUATE THIS AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK SERVICE PROVIDER: Manual Lozano By: Mayor ATTEST: City Clerk In name and title name and title This amends the Agreement entered into on the 18th day of June, 2014 by and between the City of Baldwin Park ( "CITY ") and Vanir Construction Management ( "SERVICE PROVIDER "). A. Change in Compensation 1. Remove section 7. Compensation and replace it with the following: i RN A. All task orders issued to the Consultant shall be authorized by the City's Chief Executive Officer or his designated Director and agreed by the Consultant. The task order must specify the scope of work, duration of the task assigned, and the amount of compensation, and shall not exceed fifty ($50,000) unless approved by action of the City Council. B. Total expenditures under the contract shall not exceed $100,000 per fiscal year unless approved by action of the City Council. Expenditures must not exceed amounts appropriated for such work through the City Council Approved Budget or, through a separate specific budget appropriation. C. City agrees to compensate the Consultant for each service which Consultant performs to the satisfaction of the City in accordance the scheduled Hourly Rates and Price Sheet set forth in Exhibit A of the Agreement. Payments will be made only after submission of milestone work product and submission of proper invoices in the forms specified by the City. D. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope of issued task orders shall be paid by CITY. TO EFFECTUATE THIS AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK SERVICE PROVIDER: Manual Lozano By: Mayor ATTEST: City Clerk In name and title name and title This amends the Agreement is entered into on the 18th day of June, 2014 by and between the City of Baldwin Park ( "CITY ") and La Canada Design Group ( "SERVICE PROVIDER "). A. Change in Compensation 1. Remove section 7. Compensation and replace it with the following: A. All task orders issued to the Consultant shall be authorized by the City's Chief Executive Officer or his designated Director and agreed by the Consultant. The task order must specify the scope of work, duration of the task assigned, and the amount of compensation, and shall not exceed fifty ($50,000) unless approved by action of the City Council. B. Total expenditures under the contract shall not exceed $100,000 per fiscal year unless approved by action of the City Council. Expenditures must not exceed amounts appropriated for such work through the City Council Approved Budget or, through a separate specific budget appropriation. C. City agrees to compensate the Consultant for each service which Consultant performs to the satisfaction of the City in accordance the scheduled Hourly Rates and Price Sheet set forth in Exhibit A of the Agreement. Payments will be made only after submission of milestone work product and submission of proper invoices in the forms specified by the City. D. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope of issued task orders shall be paid by CITY. TO EFFECTUATE THIS AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK SERVICE PROVIDER: Manual Lozano By: Mayor ATTEST: City Clerk M name and title name and title ITEM NO. STAFF REPORT U:GHAEB TO: Honorable Mayor and Members of the City Council � FROM: Daniel Wall, Director of Public Works ' �a DATE: March 18, 2015 A SUBJECT: RESOLUTION 2015 -060 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2015 -2016. M a i►T /11:,1`1 This report requests that the City Council adopt the attached resolution authorizing the initiation of the FY2015- 16 Citywide Landscaping and Lighting Maintenance Assessment District (LLMD) and order the preparation of the Engineers Report. FISCAL IMPACT The Engineers Report will include more refined details of anticipated revenues and costs. The draft Budget for FY2015 -16 will anticipate revenues for Fund 251 — Street Light and Landscape to be $1,750,000 which includes LLMD assessments estimated at $910,000, Ad- Valorem revenue estimated at $770,000, and earnings from late taxes and penalties estimated at $70,000. The cost to operate and maintain the landscaping and lighting improvements is planned to be in balance with the revenue. The revenues and cost for the upcoming year will be very similar to last year's LLMD budget. RECOMMENDATION It is recommended that the City Council: Waive further reading, read by title only, and adopt Resolution No. 2016 -060 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEERS REPORT FOR THE FY2015 -16 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." LEGAL REVIEW Reviewed by City Attorney BACKGROUND The City has an annual program for maintenance landscaping and lighting improvements, as well open space improvements, including the maintenance and operation of traffic signals, street lights, median landscaping, and street trees. For the past 23 years this program has been funded through the annual special assessments of the LLMD. The adoption of a resolution is required to initiate the proceedings and order the preparation of an Engineers Report. ATTACHMENTS Resolution No. 2015 -060 Attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2015 -16 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Baldwin Park has previously formed a Landscaping and Lighting Maintenance District (hereinafter referred to as the District) pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972 ", Division 15, Part 2 of the Streets and Highways Code of the State of California; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein. SECTION 2. The Director of Public Works is hereby ordered to prepare and file with the City Council a report relating to the FY 2015 -16 levy of annual assessments for said District in accordance with the Provisions of Chapter 3 (commencing with Section 22620) of Division 15, Part 2 of the State of California Streets and Highways Code. SECTION 3. Upon completion, said Report shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code. Resolution 2015-060 Page 2 A AA ffiff= M�� ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015-060 was duly adopted by the City Council of the City of Baldwin Park at the regular meeting thereof held on March 18, 2015 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABS T PAIN: ALEJANDRA AVILA CITY CLERK ITEM NO. STAFF REPORT of a N�.Q 1+ TO: Honorable Mayor and Members of the City Council .� H B or FROM: Daniel Wall, Director of Public Work THE SAN GABR�EL a' 201 DATE: March 18, 2015 VALLEY a P°oRgTFQ "`' SUBJECT: RESOLUTION 2015 -061 INITIATING THE PROCEEDINGS AND aA�uP` ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT FOR FY2015 -2016 SUMMARY This report requests that the City Council consider the adoption of the attached resolution, which would authorize the initiation of the FY2015 -2016 Parks Maintenance Assessment District (PMAD) and order the preparation of the Engineers report. FISCAL IMPACT The PMAD for FY2015 -2016 is estimated at $636,000. The Engineers Report will provide detailed fiscal analysis including any anticipated subsidy participation by the General Fund. RECOMMENDATION It is recommended that the City Council: Waive further reading, read by title only, and adopt Resolution No. 2015 -061 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEERS REPORT FOR THE FY2015 -16 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK PARKS MAINTENANCE DISTRICT PURSUANT TO THE PROVISONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." LEGAL REVIEW Reviewed by City Attorney. BACKGROUND The City has an annual program for the maintenance of City parks. The financial support for this program is provided through the PMAD. The PMAD, formed in FY1996 -1997, was established in conformance with Proposition 218. The adoption of the resolution is required to initiate the annual proceedings and order the preparation of the Engineers Report. ATTACHMENTS Resolution No. 2015 -061 Ffftm A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2015 -16 LEVY OF ANNUAL ASSESSMENTS FOR THE PARKS MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Baldwin Park has previously formed a Parks Maintenance District (hereinafter referred to as the District) pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972 ", Division 15, Part 2 of the Streets and Highways Code of the State of California; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FOES RESOLVE A FOLLOWS: SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein. SECTION 2. The Director of Public Works is hereby ordered to prepare and file with the City Council a report relating to the FY 2015 -16 levy of annual assessments for said District in accordance with the Provisions of Chapter 3 (commencing with Section 22620) of Division 15, Part 2 of the State of California Streets and Highways Code. SECTION 3. Upon completion, said Report shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code. I 11TAMIM191" STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK J11 111111 11111111 11�11 1111111 Resolution 2015-061 Page 2 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015-061 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 18, 2015 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ALEJANDRA AVILA CITY CLERK ITEM NO. TO: Honorable Mayor and Members of the City Council O FROM: Manuel Carrillo Jr., Director of Recreation & Community Servi DATE: March 18, 2015 ;�r SUMMARY The purpose of this staff report is to request authorization from the City Council to advertise the Request for Proposals (RFP) for citywide janitorial services. FISCAL IMPACT There are no additional costs that would be incurred by the City through this process. Cost savings will be measured after the review of bids and will be presented to the City Council with a selection of a vendor. RECOMMENDATION Staff recommends that the City Council: 1) Authorize the Director of Recreation and Community Services to proceed with advertisement of an RFP for janitorial service. LEGAL REVIEW The City Attorney has reviewed the RFP and approved it as to form. BACKGROUND The City is currently utilizing in house part time staff for janitorial services and a month to month contract for high traffic areas. Due to limited availability by in house part time staff, the Department had to supplement cleaning services with a vendor to ensure all facilities were maintained. Prior to transitioning to an in house cleaning crew, the City had a contract with an outside vendor for cleaning services, however that agreement was terminated in January 2015. This RFP is more comprehensive and seeks additional services previously not included in the agreement. The scope of work in the RFP reflect the current hours of operation for each specific building and the needs to properly maintain it. In addition, this RFP includes cleaning services for the parking structure, outdoor restrooms and quarterly cleaning for the playground area. Previous experience has found that during the summer months, all outdoor restrooms need additional attention during the day due to the high use by patrons. As a gesture towards upgrading the customer service for park users, the RFP includes a request for porter service throughout the day for all outdoor restrooms. Staff anticipates a full transition of facility maintenance services to be restored once a contract is awarded. ATTACHMENT 1) Request for Proposals (RFP) HUES F THE U SAID ''AORIIEL 7.k '0JAWJ am ram IN PROPOSAL INSTRUCTIONS, GENERAL CONDITIONS, SCOPE OF WORK, CONTRACTOR SELECTION AND CONTRACT AWARD Mandatory Bidders Meeting: Friday, April 3, 2015, 9:OOAM Proposals Due: Tuesday, April 14, 2015, 10:OOAM Notice Inviting Sealed Bids ....... ...... ................... .......... ................................ 4 Part 1 - Introduction and Instruction to Bidders ................ ............. ......... ....... .................... 5 1. General Scope of Work... ...... ................... .......... ___ ....... .......... ...... ........... 5 2. Mandatory Pre-Bid Meeting ........................................................ ........ ..... _ 5 3. Proposal Form.... ...... .......... .......... ......... .......................................... 5 4. Signature ........................................................................... ...... ...... ............. .... 6 5. Form and Deliver of Bids ..................................... ........................................... ....... 6 6. Bid Security ........ ........................................ ............................................................ 6 7. Modifications ........................... ............ ........... ....... ........... _ ............................ 6 8. Erasures Inconsistent or Illegible Bids ................................................... ............... 6 9. Examination of Site and Contract Documents ............................................... ......... 7 10. Withdrawal of Bids ...................................................................... _ ........... ............ _7 11. Agreements and Bonds ................................ ........ ............. ............................. 7 12. Interpretation of Documents ..................................................................................... 7 13. Bidders Interested in More than One Bid ................................................................. 7 14. Award of Contract ........... ............. ........... ................... ........... ........................... 8 15. Alternatives ............ ..................................... ....... ....... ....................... ......... .... 8 16. Competency of Bidders ........................... ...... ............... ............................... ......... 8 17. Listing of Subcontractor ........................................................................ .................. 8 18. Contractor's License ............................................................................. .................. 9 19. Anti-Discrimination ............................................. ......................... ................... 9 20. Hold Harmless ...... ...... ...... .................. .................................................... 9 21. insurance .......................................... ............................ ................ ............. ...... 9 22. Routine Inspections .............................................................. ................................ 10 23. Performance of Work ................. ...................................... ......................... 10 24. Contract and Liquidated Damages ..................... .......... ....................................... 10 25. Schedule of work and Hours of Operation ................................ .............................10 26. Contract Term .......................... _ ........................... ...... _ ............... _ ....................... 11 27. Compliance with Applicable Statures, Ordinates and Regulations ........................11 28. Governing Law and Partial Invalidity ...................................................................... 11 29. City License ........................................... ........................... ............... ............. 11 30. Prevailing Wages ..................... ............................ .......................... _ ................... 11 31. Bonds . . ... ................................................................ ............................. ............... 11 Part 2 - General Conditions .......................... .......... ......... .................... ............................ 12 1. Representatives ............................................................ ........................................ 12 2. Proposed Costs ..................................... ................. .......................... ............. .12 3. Contractor Staff/Employees & Workers .................................... __ .......... ............. 12 4. Work Schedule ........................... ........................... ............... .............................. 12 5. Vehicle Limitations .................................................................................. .............. 13 6. Traffic Control, Public Convenience and Safety ........................................... ......... 13 7. Waiver ... ........................ .................................................................. .................... 13 8. Data to be Furnished by the Contractor ................................................................. 13 9. Contractors Operations/Storage ........................................ ................................... 13 10, Office, Telephone & Radios ........................................ ....... ............... .................. 13 11. Signage ......................................................... ............ ............ ................... _ 13 12. Independent Contractor ................................................................ .................... 14 2 13. Contractor Customer Service Standards ............................... ............................... 14 Part 3 — Performance of the Work ............................................. ......................................... 15 1. Performance of Work — General ................................................................. ...... ... 15 2. No Assign or Delegation ................................... .................................................... 15 3. Defective Work . ..................................................................................................... 15 4. Communications Regarding the Work ................................................................... 15 5. Emergency Work ...................................... ............................................................ 15 6. Subcontractors ................ ............................................................................ ......... 15 7. Cooperation with Other Work Forces ................................................... ................. 16 8. Protection of Property ............................................................................................ 16 9. Cleaning and environmental Controls .................................................................... 16 10. Recyclable Products .............................................................................................. 17 Part 4 — Technical Specifications Scope of Work: Janitorial Services .... .............................18 1. General .................................................. ............ .................................................. 18 2. Cleaning Products, Paper Goods and Supplies ........................ .............................18 3. Painted/Hard Surfaces and Fixtures .................... ......... ....................................... 18 4. Floors ..................... ....... ....................................................................................... 18 5. Kitchens ................................................................... ............................................. 19 6. Restrooms, Locker Rooms and Jail .... .................................................................. 19 7. Doors, Switch Plates and Drinking Fountains ........................................ ............... 20 8. Trash Receptacles/Outdoor Handrails and Bridges .................. .............................20 9. Windows, Glass Doors and Partitions ....................................................... ............ 20 10. Dusting ................................................................................................................... 20 11. Office Furniture, Desks and File Cabinets ................................ .............................20 Part 5 — Minimum Frequency Schedule .............................................................................. 21 1. Schedule ................................ ............................................................................... 21 2. Daily Janitorial Services .............................................................. .......................... 21 3. Weekly ................................................................................................................... 24 4. Bi-Monthly Janitorial Services ................................................................................ 24 5. Monthly Janitorial Services .................................................................................... 24 6. Quarterly Janitorial Schedule .......................................................... ...................... 25 7. Building Security ................................................. .................................................. 25 Agreement................................ .......................................................................................... 26 Bidder's Bond to Accompany Proposal ............................... .................... .......................... 31 BidGuarantee ..................................................................................................................... 32 Contract Bond — California Faithful Performance Bond .................. .................................... 33 Labor and Material Payment Bond ...................................................................................... 34 Non-Collusion Affidavit ........................................................................................................ 35 Listof Reference ................................................................................................................. 36 BidProposal ....................... ................................................................................................ 37 3 11 11JOW UOTA 11 W yff kN1 rel &19 10 4 WO 3 0.11 The City of Baldwin Park invites sealed bids on the following: RM ii, 111 1101,0V ri, 0 JAM ► 111W F-11,11 1" 461 AMY mam • Sealed bids will be received up to the hour of 10:OOAM at City Hall on the Second Floor Lobby on Tuesday, April 14, 2015. All bids thus received will be publicly opened and declared in the Second Floor Lobby of City Hall (14403 East Pacific Avenue, Baldwin, California 91706). It is anticipated the bids will be presented to the City Council soon thereafter for award of contract. The Bidder's Packet, which includes the specifications, proposal sheet, and other documents, may be obtained from the Department of Recreation and Community Services at 4100 Baldwin Park Blvd., Baldwin Park, California 91706, (626) 813-5245, extension 316 or e-mail at mmoreno6a baldwinpark.com. All bidders interested in additional information may contact Maria Moreno at (626) 813- 5245, extension 316 Monday through Thursday, between the hours of 8:OOAM and 3:30PM. Kristi Russell, CIVIC Deputy City Clerk Date City of Baldwin Park 4 1. GENERAL SCOPE OF WORK: The scope of this contract shall be to furnish all labor, equipment, tools, cleansers and disinfectants to do all work necessary to perform the required janitorial services at the following locations: SITE ADDRESS City Hall: Council Chambers, Basement, 1 It, 2,d , and 31 Floors 14403 E. Pacific Avenue Baldwin Park Parking Structure (5 levels) 14403 E. Pacific Avenue Arts & Recreation Center (ARC) 14403-B E. Pacific Avenue Esther Snyder Community Center, Morgan Park Restrooms and Julia McNeill Senior Center 4100 Baldwin Park Boulevard Teri G. Muse Family Service Center 14305 Morgan Street Teen Center & Skate Park and Hilda L. Solis Park Restrooms 15010 Badillo Avenue Barnes Park Family Recreation Center 3251 Patritti Avenue Walnut Creek Nature Park 701 N. Frazier Avenue Hamilton City Yard 13135 Garvey Avenue NOTE: a. City will furnish storage areas for cleaning supplies and miscellaneous paper goods such as trashcan liners, toilet paper, paper towel, etc. b. All employees must submit to a complete background check through the State of California Department of Justice and the FBI. Said check must be completed prior to receiving access to secure areas or where children are present. It will be the responsibility of the contractor to arrange with the Baldwin Park Police Department for this process as well as the cost associated. C. In addition, a day porter shall be scheduled daily for general cleaning at the Police Department for a minimum of 2 hours and at selected restrooms facilities during business hours. 2. MANDATORY PRE-BID MEETING: A mandatory pre-bid meeting is scheduled for 9:OOAM, Friday, April 3, 2015 for all interested bidders. All participants will assemble at the Esther Snyder Community Center, Meeting Room 2 located at 4100 Baldwin Park Blvd., Baldwin Park, CA. Bidders MUST ATTEND the pre-meeting to address questions and tour the two major facilities. 3. PROPOSAL FORM: All proposals must be on the forms furnished by the City, completed in full, and signed by the authorized representative of the organization providing the bid. All items and statements shall be properly filled out. Numbers shall be stated both in words and in figures where so indicated, and where there is a conflict in the words and the figures, the words shall govern. The signatures of all persons 5 signing the bid shall be in long hand. Prices, wording, and notations must be in ink or typewritten. Erasures or other changes shall be noted over by signature of the bidder. 4. SIGNATURE: The proposal shall bear the signature of the person or persons duly authorized to sign the bid. If bidder is a corporation, the legal name of the corporation shall first be set forth, together with to signatures: one form from the Chairman of the Board, the President, or Vice-President, and one form from the Secretary, Chief Financial officer, or Assistant Treasurer. Alternatively, the signatures of other authorized officers or agents may be affixed, if duly authorized by the corporation. The proposal shall include the title of such signatories below the signature and shall bear the corporate seal. In the event that the bidder is a joint venture or partnership, the bidder shall submit certifications signed by authorized officers of each of the parties to the joint venture or partnership, naming the individual who shall be the agent of the joint venture or partnership who shall sign all necessary documents for the joint venture or partnership, and who shall act on all matters relative to the contract resulting therefore for the joint venture or partnership. If bidder is an individual, his signature and post office address must be shown. 5. FORM AND DELIVER OF BIDS: The complete bid shall be enclosed in a sealed envelope, addressed and delivered or mailed to the City, and must be received on or before the time set forth in the notice calling for bids for the opening of bids. The envelope shall be plainly marked in the upper left hand corner with the bidder's name, the contract designation, and the date and time for the opening of bids. It is the bidder's sole responsibility to ensure that its bid is received prior to the scheduled closing time for receipt of bids. Any bid received after the scheduled closing time for receipt of bids shall be returned to the bidder unopened. At the time set forth in the notice calling for bids for the opening of bids, the sealed bids shall be opened and read aloud at the City's offices. 6. BID SECURITY: Each bid should be accompanied by a certified or cashier's check or bid bond in the amount of not less than ten percent (10%) of the total bid amounts stated in the bid. Said check or bond shall be made payable to the City and shall be given as a guarantee that the bidder, if awarded the work, will enter into an agreement within five working days after award of the contract, and will furnish, on the prescribed forms, the necessary insurance certificates, and those security devices in accordance with the Contract Documents. In case of refusal or failure to enter into the agreement, the check or bid bond, as the case may be, shall be forfeited to the City. 7. MODIFICATIONS: Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals or any other modification of the bid form which is not specifically called for in the Contract Documents may result in the City's rejection of the bid as not being responsive to the invitation to bid. 8. ERASURES INCONSISTENT OR ILLEGIBLE BIDS: The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency, and is suitably authenticated by signatures of the person or persons signing the bid. In the event that City determines that any bid is unintelligible, [A. inconsistent or ambiguous, the City may reject such bid as not being responsive to the invitation to bid. 9. EXAMINATION OF SITE AND CONTRACT DOCUMENTS: At its own expense and prior to submitting its bid, each bidder shall examine the Contract Documents; visit the site and determine the local conditions which may in any way affect the performance of the work, including the prevailing wages and other relevant factors; familiarize itself with all Federal, State and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work; determine the character, quality, and quantities of the work to be performed and the materials and equipment to be provided; and correlate its observations, investigations, and determinations with the requirements of the Contract Documents. The Contract Documents show and describe the existing conditions as they are believed to be, and City shall not be liable for any loss sustained by the bidder resulting from any variance between the conditions and design data given in the Contract Documents and the actual conditions revealed during the bidder's examination or during the progress of the work. 10. WITHDRAWAL OF BIDS: Any bid may be withdrawn, either personally or by written request, at anytime prior to the scheduled closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned upon demand. 11. AGREEMENTS AND BONDS: The agreements form which the successful bidder, as Contractor, will be required to execute, and the form of the payment bids which such Contractor will be required to furnish in accordance with Civil Code Section 3247 prior to execution of the Agreement, are included in the Contract Documents and should be carefully examined by the bidder. Unless otherwise specified, the payment bond shall be in the amount of fifty percent (50 %) of the amount of the contract. The Contractor may also be required to furnish a performance bond in the amount of one hundred percent (100 %) of the contract and in the form included in the Contract Documents, and certificates of insurance as required in the contract, all prior to execution of the contract. 12. INTERPRETATION OF DOCUMENTS: If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions from same, a written request for an interpretation or correction thereof may be submitted to the City. The bidder submitting the request shall be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will be made only by addendum duly issued by the City, and a copy of such addendum will be mailed or delivered to each bidder receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the City. 13. BIDDERS INTERESTED IN MORE THAN ONE BID: No person, firm or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub proposal to a bidder, or that has quoted prices of materials to a 7 bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders or making a prime proposal. 14. AWARD OF CONTRACT: City reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding. If two identical low bids are received from responsible bidders, the City will determine in its discretion, which bid will be accepted. The award of the contract, if made by the City, will be by action of the City Council and to the lowest responsible bidder, therefore from among those bidders responsive to the call for bids. In the event an award is made to a bidder, and such bidder fails or refuses to execute the contract and provide the required documents within then (10) days after notification of the award of the contract to bidder, the City may award the contract to the next lowest bidder or release all bidders. 15. ALTERNATIVES: If alternate bids are called for, the contract may be awarded at the election of the City Council to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 16. COMPETENCY OF BIDDERS: If there are identically low bids, per Section 14, the City may consider the factors set forth in this paragraph in selecting the lowest responsible bidder. Consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the bid. By submitting a bid, each bidder agrees that the City, in determining the successful bidder and its eligibility for the award, may consider the bidder's experience and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the bidder's performance of the work. City may also consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the City. In this regard, City may conduct such investigations as City deems necessary to assist in the evolution of any bid and to establish the responsibility, qualifications and financial ability of the bidder, proposed subcontractors, and other persons and organizations to do the work in accordance with the Contract Documents to the City's satisfaction within the prescribed time; and the City reserves the right to reject the bid of any bidder who does not pass any such evaluation to the satisfaction of the City. No bid for the work will be accepted from a contractor who is not licensed in accordance with applicable State Law. 17. LISTING SUBCONTRACTOR: Each bidder shall submit, on the form furnished with the Contract Documents, a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.). If alternate bids are called for and the bidder intends to use different or additional subcontractors, a separate list of subcontractors must be submitted for each such alternate. M. 18. CONTRACTOR'S LICENSE: If, at the time the bids are submitted, bidder is not licensed to perform the project in accordance with the law; such bid will not be considered. 19. ANTI -DISCRIMINATION: It is the policy of the City that in connection with all work performed under contracts, there be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, or medical condition. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by such Contractor. 20. HOLD HARMLESS: The Contractor shall defend, indemnify and hold harmless City, its officers, agents, and employees from every claim or demand made, and every liability, loss, damages, or expense, of any nature whatsoever, which may be incurred by reason of: a. Liability for damages for (1) death or bodily injury to persons; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor upon or in connection with the work called for in this Agreement, except for liability resulting from the sole negligence, or willful misconduct of the City, its officers, employees, agent or independent contractors who are directly employed by the City, and except for liability resulting from the active negligence of the City. b. Any injury to or death of persons or damage to property caused by any act, neglect, default of the Contractor, or any person, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including City, arising out of, or in any way connected with the work covered by this Agreement, whether said injury or damage occurs either on or off City property, if the liability arose from the negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contract, and not by the active negligence of the City. C. The Contractor, at Contractor's own expense, cost, and risk shall defend: At City's request, any and all actions, suits or other proceedings that may be brought or instituted against City, its officers, agents or employees, on any such claim or liability, and shall pay or satisfy any judgment that may be rendered against City, its officers, agents or employees in any action, suit or other proceedings as a result thereof. 21. INSURANCE: Contractor shall secure, maintain in full force and effect and bear the cost of complete Workers' compensation Insurance in accordance with the Labor Code, for the duration of the project or contract and shall furnish to the City prior to the 9 execution of the contract, a certificate of Workers' Compensation Insurance, which meets the requirements of Section 3700 of the Labor Code. Neither City nor any of its officers or employees shall be responsible for any claims or suit in law or equity occasioned by the failure of the Contractor to comply with the provisions of this paragraph. During the performance of the work and until its acceptance by City, Contractor shall maintain in force public liability and property damage insurance in an amount acceptable to City's Risk Manager to cover all awards judgments for any death, injury, loss or damage arising out of the performance of the work by Contractor. Public liability insurance shall be in an amount of not less than one million dollars ($1,000,000) for injuries, including accidental death, to any one person or one accident. Property damage insurance shall be in an amount of not less that one million dollars ($1,000,000). Such insurance shall have the City of Baldwin Park as the named co- insured. Contractor shall furnish the City concurrently with execution of the contract a valid endorsement of Liability Insurance and Workers' Compensation in the amounts prescribed. 22. ROUTINE INSPECTIONS: The Director of Recreation and Community Services or his authorized agent shall at all times have access to the work, and shall be furnished with every reasonable facility for ascertaining full knowledge regarding the workmanship and equipment used and employed in the work. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract. 23. PERFORMANCE OF WORK: Contractor shall furnish all materials, tools equipment, safety equipment and labor necessary to perform in a good and workmanlike manner, the work as called for, in the manner designated in, and in strict conformity with, the instructions for said work. For non-performance or non-compliance, City shall withhold compensation for any period during which Contractor fails, in total or in part, to satisfactorily perform the full scope of work as set forth in the Contract Documents as indicated under Liquidated Damages. 24. CONTRACT DURATION AND LIQUIDATED DAMAGES: All work must be completed within the time limits set forth in the specifications. It is agreed that damages for the failure of the Contractor to complete the total work described herein within the time limits required are impossible to ascertain but that the sum of two hundred dollars ($200.00) per day is a reasonable estimate. Should the work not be completed within the specified time for completion, the Contractor shall be liable for liquidated damages; payable to the City, in the amount of two hundred dollars ($200.00) for each calendar day of delay in completion. 25. SCHEDULE OF WORK AND HOURS OF OPERATION: Contractor shall complete all of the work as during non-operation hours as indicated for each facility on page 21 and shall provide a schedule at the commencement of the contract as indicated in the Minimum Frequency Schedule. 10 26. CONTRACT TERM: The contract shall be valid for 24 months for the work as described in the Bid Proposal and specifications and may be terminated at any time by a majority vote of the City Council. At the option of the City, the Agreement may be extended for four additional one-year terms based upon acceptable performance by the Contractor, acceptable fees and subject to the same terms and conditions of the Agreement. Pricing is to remain firm for the initial contract term. Should the option to renew for additional years be exercised, City and Contractor shall negotiate any and all price modifications. The contract shall not be assignable or transferable by either party without the express written consent of the other party. 27. COMPLIANCE WITH APPLICABLE STATURES, ORDINANCES AND REGULATIONS: Contractor shall comply with all applicable Federal, State of "I California, Los Angeles County an -a' City statutes, ordinances an -a' regulations. 28. GOVERNING LAW AND PARTIAL INVALIDITY: The laws of the State of California shall govern this Agreement. If any provision in the contract is held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in force. 29. CITY LICENSE: The successful bidder will be required to have or obtain and maintain a valid City of Baldwin Park Business License. Subcontractors are also required to obtain and maintain a valid City of Baldwin Park Business License. 30. PREVAILING AIAGES: Prevailing wages as prescribed k U of the State subed LJ L V L11 L y the Labor Code of California and as published by the Department of Industrial Relations shall apply for the various job classifications employed in this work. 31. BONDS: All bonds obtained for this contract shall be from an "A" rated surety company that is admitted to do business in the State of California, and is acceptable to the City's Risk Manager. 11 WNWA 1. REPRESENTATIVES: The Director of Recreation and Community Services shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. Instructions and information given by the Director to the Contractor's Representative shall be the same as if communicated directly to the Contractor. The decision(s) of the Director shall be final and binding on all questions concerning the acceptability of materials, supplies or machinery, the classification of materials or supplies, and execution of the work. The Director will make periodic observations of materials and completed work to observe their compliance with the Contract Documents, but he/she is not responsible for the site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work. In addition, Contractor shall maintain a log, posted on the back of the door of each facility/janitorial room with completed compliance as indicated on Minimum Frequency Schedule as per the Bi-Monthly, Monthly, and Quarterly specifications. 2. PROPOSED COSTS: The monthly prices and lump sum amounts to be paid for the areas listed in the Compensation Schedules shall include full compensation for furnishing all labor, cleaning supplies, vehicles, equipment and incidentals necessary to complete the work under the Contract. This shall include the Contractor's costs involved with bonding, insurance, worker's compensation, overhead, financing, mobilization, public convenience and safety, storage of equipment and materials, security against theft and vandalism, clean-up and all other items incidental to the work. 3. CONTRACTOR STAFF/EMPLOYEES & WORKERS: The Contractor shall provide sufficient personnel to perform all work in accordance with this RFP. At no time, will the Contractor allow its crew to be diminished in size or labor hours so as to not effectively complete the assigned maintenance tasks. A qualified, English-speaking foreman in the employ of the Contractor shall supervise all of the Contractor's maintenance personnel. At least one (1) member of each crew working at each site shall be able to communicate both orally and in writing in English and a crew shall consist of no less than two (2) employees. At no time, shall the Contractor provide less than two persons at each site. Contractor shall require employees to wear a uniform identifying them as an employee of the Contractor while working in the City. This shall include proper work shoes and uniform clothing with a name badge and photo ID. If any person employed by the Contractor or any subcontractor shall fail or refuse to carry out the directions of the Director, or is in the opinion of the Director, incompetent, intemperate, or disorderly; or uses threatening or abusive language to any person on the work site; or is otherwise unsatisfactory, he/she shall be discharged from the facility immediately, and shall not again be employed on the work except with the written consent of the Director. 4. WORK SCHEDULE:r The Contractor shall accomplish all maintenance required under this RFP between the hours of 10:OOPM and 5:OOAM, Monday through Sunday including holidays, except as where noted in the Minimum Frequency Schedules. 12 Exceptions may be made to normal work hours where incidence of use may be too great during the specified hours to allow for proper maintenance. The City may grant, on an individual basis, permission to perform maintenance at other hours. Special notification listing exact dates for infrequent operations shall be furnished to the Director at least five (5) days prior to performing these operations. The City shall have the authority to suspend the work, wholly or in part, for such a period as may be deemed necessary due to renovation or construction, or to such other conditions as are considered unfavorable for the suitable prosecution of the work. 5. VEHICLE LIMITATIONS: The Contractor at no time shall drive vehicles on turf or sidewalks for any reason unless prior authorization has been granted. 6. TRAFFIC CONTROL, PUBLIC CONVENIENCE AND SAFETY: The Contractor shall conduct its operations s^ as to offer the least possible obstruction and inconvenience to the public, and shall have underway, no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public. 7. WAIVER: ' A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character. 8. DATA TO BE FURNISHED BY THE CONTRACTOR: The Contractor shall furnish the Director with such information as it may desire respecting the progress and manner of the work, including all information necessary to determine its costs, such as the number of persons employed, their pay, the time during which they worked on site and other pertinent data. This may be requested at any time, and must be turned over to the City within five (5) days of request. 9. CONTRACTORS OPERATIONS /STORAGE: Storage space for small equipment will be provided by the City, any other needs required for its maintenance operations, should be provide by the Contractor at its own expense. City will furnish storage areas for cleaning supplies and miscellaneous paper goods such as trash liners, toilet paper, paper towels, etc. 10. OFFICE, TELEPHONE & RADIOS: Contractor is required to maintain an office and provide telephone service so that all calls from the City have no toll charge. If a telephone answering service is utilized, the answering service shall be capable of contacting Contractor by radio or pager. Contractor staff shall be capable of communicating with City staff using cellular phones. 11. SIGNAGE: Contractor shall display a sign indicating Contractor's name and license number on both sides of all maintenance vehicles. All signs used by the Contractor shall be kept "Graffiti Free" at all times. Contractor shall not post advertising signs and/or banners within the maintained areas. Contractor shall remove all unauthorized signs and advertising within the maintained areas. 13 14 I a I a _3 if*] tM M it Lei A LOU K t Owl t A VAL01 U, irli PERFORMANCE OF WORK — GENERAL: Contractor shall, at its own cost and expense, furnish all necessary materials, supplies, labor, transportation, and equipment for doing and performing work required under this RFP. Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both work and materials will meet fully the requirements of this RFP. KI I t-- K I DELEGATION: III _r ^R DEL "HON: Contractor shall not assign or delegate the 2. 0 ASO MEN I %J F-%J/A H Contractor 11 1 G duties or obligation under this Contract or its interest therein in whole or in part without the prior written consent of the City, which may be withheld at the City's sole discretion. 3. DEFECTIVE WORK:, The Contractor shall redo at its own expense any part of the work that has been improperly executed, even though it has been included in the monthly estimates. If Contractor refuses or neglects to redo such defective work, prior to acceptance of the work, the City at the expense of the Contractor, plus 30% for overhead expenses may perform it, and Contractor's sureties shall be liable. 4. COMMUNICATIONS REGARDING THE WORK: After award of the Contract, all communications regarding the work covered by this RFP shall be addressed and mailed, or hand delivered to.- Maria Moreno, Program Supervisor City of Baldwin Park 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 Phone: 626-813-5245, Ext. 316 E-mail: mmoreno@baldwinpark.com 5. EMERGENCY WORK: In case of an emergency that threatens loss or injury of property, and/or safety of life, the Contractor shall act, without previous instructions from the City, as the situation may warrant. Contractor shall notify the City of the emergency and the action taken immediately thereafter. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from Contractor's payment as provided in the Contract Documents. The performance of emergency work by City forces will not relieve the Contractor of any of its responsibilities, obligations, or liabilities under the Contract. 6. SUBCONTRACTORS: All subcontracts, if any, shall contain a reference to the Contract between the City and the Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the work covered thereby. Nothing contained in this RFP shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be 15 considered the employer of any subcontractor, and is fully responsible to the City for the acts and omissions of persons employed by them as he/she is for the acts and omissions of persons directly employed by Contractor. The Contractor shall be responsible for the coordination of the subcontractors, and material suppliers engaged upon its work. It shall be Contractor's duty to see that all of its subcontractors commence their work at the proper time and carry it on with due diligence so that they do not delay or injure either the work or materials; and that all damage caused by them or their workers are remedied at Contractor's expense. The City will not undertake to settle differences between the Contractor and its subcontractors or between subcontractors. The Contractor shall utilize the services of specialty subcontractors, without additional expense to the City, on those parts of the work, which are specified to perform by specialty Contractors. 7. COOPERATION WITH OTHER WORK FORCES: The City reserves the right to perform other work at or near the maintenance areas at any time by the use of its own forces or other contractors. Other contractors, utilities and/or public agencies and their contractors, and City personnel may be working in the vicinity during the Contract term. There may be some interference between these activities and the work completed under this RFP. The Contractor shall cooperate and coordinate its work with that of other work forces to assure timely completion of work. 8. PROTECTION OF PROPERTY: The Contractor shall safely guard all public and private property or improvements from damage or loss in connection with this Contract at all times. Should any facility, structure, or property be damaged during operations of the Contractor, it shall immediately notify the proper owners or authorities. The Contractor shall pay all damages and losses incurred. Without exception, ali exterior doors are to remain locked while the Contractor is in the building. Doors are to be locked and alarms set when the building is vacated following completion of work. Contractor shall be responsible for all costs associated with their failure to set the alarm or secure any facility (i.e. false alarm fees, stolen items or equipment, damage repairs, etc.). Contractor shall be issued keys to all facilities prior to the start of the work. In the event keys are lost or stolen while in Contractor's care, Contractor shall be responsible for all costs associated with the re-keying of any and all facilities, and duplication of keys for all authorized personnel. The Contractor shall be responsible for any materials, equipment and/or supplies so furnished and for the care of all work until its completion and final acceptance. Contractor shall at its own expense replace damaged or lost materials and repair-damaged parts of the work. 9. CLEANING AND ENVIRONMENTAL CONTROLS: Maintain areas free of waste materials, debris, and rubbish. Maintain sites in a clean and orderly condition. Remove waste materials, debris and rubbish from site and dispose of all trash. The Contractor shall take appropriate action to ensure that no dust originates from the maintained areas. Water containing mud, silt, or other pollutants from activities, shall not be allowed to enter the storm drains or surrounding landscaped areas. An approved NPDES recovery system must be used. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that, if introduced to water, could be deleterious to aquatic life. The Contractor shall comply with all litter and pollution laws. All Contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility W. of the Contractor to ensure compliance. Contractor shall comply with OSHA's standards as it applies to the janitorial service industry. 10. RECYCLABLE PRODUCTS: The Contractor is encouraged to support the City of Baldwin Park in recycling efforts. All recyclable trash containers are to be empty to its appropriate trash bin. We also encourage the use of green sealed cleaning products, whenever possible. 17 I UM-110i I ► I LOU IIII&IWO011 I a WNIRTF.9 GENERAL: The work to be done consists of complete and thorough janitorial maintenance of the City's facilities. Said maintenance shall include but not be limited to: community centers, parking facilities, kitchens, restrooms, locker rooms, pool, elevators, stairways, gymnasiums, offices, meeting rooms, jail and classrooms; carpet and upholstery cleaning, cleaning and polishing drinking fountains and other metal surfaces; window washing, litter and debris removal; restocking restroom and kitchen, soap and paper supplies, clean, sweep, dry mop, wet mop, strip, wax, sanitize, scrub and vacuum floors; clean, scrub and maintain walls; clean ceiling vents; remove cobwebs; clean window sills, windows, light fixtures, plumbing fixtures and window coverings; playground structures and flooring; and other maintenance required to maintain the facilities listed in the RFP. All facilities are to be cleaned and prepared for business by 6:00AM. 2. CLEANING PRODUCTS, PAPER GOODS AND SUPPLIES: Contractor shall provide all labor, equipment, tools, cleansers, and disinfectants to do all work necessary to perform the required janitorial services. 3. PAINTED /HARD SURFACES AND FIXTURES: The Contractor shall thoroughly wash all interior painted surfaces with an approved cleaner, in accordance with the Minimum Frequency Schedules. Additionally, walls and counter surfaces shall be spot cleaned as needed to remove spills, finger marks, ink and pencil marks, and other dirty areas. Counter surfaces will be polished twice per week, or more often if necessary to maintain a clean surface area. Mirrors, powder shelves, plumbing fixtures, light fixtures, and ceiling grates, etc., shall be cleaned and dusted in accordance with the Minimum Frequency Schedules. All increased cleaning schedules for specialty areas are included in the Minimum Frequency Schedules. All stainless steel surfaces shall be cleaned and polished with an approved polish. All basins, counter tops, fixtures, toilet bowls, and urinals shall be cleaned with an approved germicidal detergent solution. All dispensers shall be cleaned and disinfected and refilled with approved solutions. 4. FLOORS: Restroorn floors shall be thoroughly cleaned with an approved germicidal detergent solution. Floors shall be waxed and polished as requested by the City to maintain a high luster gloss finish. Special attention shall be paid during floor cleaning and waxing to remove grout stains and to prevent wax from becoming built up at the base of the fixtures and on baseboards. All non-skid mats shall be rinsed and disinfected daily. Carpeted areas and rugs shall be thoroughly vacuumed daily and any staples, paperclips, etc., shall be removed from the floor. Carpet stains shall be spot cleaned with rug spotter at the time of detection. Carpeted surfaces shall be cleaned as needed to maintain a clean appearance. Doormats and chair mats shall be cleaned concurrently with vacuuming. Carpet cleaning methods shall be consistent with carpet M manufacturer's recommendations or as otherwise approved the by Director. All carpeted areas shall be thoroughly cleaned quarterly. Hard surface floors shall be swept and/or dust mopped using dust control sweeping mops. Special attention shall be paid during floor cleaning and waxing to prevent wax from becoming built up on baseboards. All hard surface floors shall be stripped and waxed in accordance with the Minimum Frequency Schedule, or more often if necessary to maintain a high luster finish. All baseboards and molding strips shall be cleaned as needed to remove stains, spots and dust. Wood floors shall be maintained in accordance with the manufacture's recommendations. Concrete floors shall be maintained in a manner consistent with composite flooring material. Gymnasium floors shall be cleaned with a City approved cleaner and specially treated dust mops. Remove trash, debris and spillages in areas around and under bleachers. Dry mop/sweep gymnasium floors, including door thresholds/plates daily. Shoe marks shall be removed from all floors upon detection. 5. KITCHENS: Kitchen floors shall be thoroughly cleaned with a germicidal detergent solution. Floors shall be waxed and polished as requested by the City to maintain a high luster gloss finish. Special attention is required during floor cleaning and waxing to remove grout stains and to prevent wax from becoming built up at the base of the fixtures and on baseboards. Exterior surfaces of all appliances, ;Including stove, refrigerator and microwave shall be cleaned daily. Sinks shall be thoroughly cleaned using an approved detergent. Floor drains shall receive an enzyme treatment weekly or more often if requested by the City. 6. RESTROOMS/LOCKER ROOMS AND JAIL: The Contractor shall clean basins, fixtures, countertops, partitions, toilet bowls and urinals with an approved germicidal detergent solution daily. All restroom dispensers shall be disinfected and refilled daily. All paper and soap supplies shall be restocked as needed, including toilet tissue, hand soap, seat covers, sanitary supplies and deodorizers. The Contractor shall wash and polish mirrors, dust shelves, etc., including flushometer, piping and toilet seat hinges, light fixtures, disposal bins and tops of stall partitions. Both sides of toilets shall be washed daily with an approved germicidal solution. The Contractor shall report any leaks or plugged drains to the Director upon discovery. Spitball and other debris on walls and ceiling shall be removed daily. Walls and ceilings shall be cleaned as needed to maintain a clean surface. All restroom drains shall receive an enzyme treatment weekly or more often if requested by the City. Enzyme products must be approved by City prior to use. Deodorant aerosol cans shall be replaced as needed. 19 7. DOORS, SWITCH PLATES AND DRINKING FOUNTAINS: All doors, door frames, kick plates, door hardware, switch plates, and drinking fountains shall be cleaned on a daily basis to remove any spillage, smudge marks, and ink and pencil marks. Stainless steel and brass hardware shall be cleaned and polished as needed to maintain a shiny appearance and to prevent scale and rust from forming. Drinking fountains shall be kept clean at all times. Playground flooring shall be power washed quarterly and monthly during the summer months (July, August and September). Every instance of damage and/or inoperable drinking fountains shall be reported to the Director. 8. TRASH RECEPTACLES/OUTDOOR HANDRAILS AND BRIDGES: The Contractor shall empty all trash receptacles and replace liners daily. Trashcans shall be wiped down to remove spills, smudges or ink/pencil marks as needed. Outdoor trashcans A shall be steamed cleaned at least month ly. All handrails shall be wiped down. Walking bridges or pedestrian connectors hall be swept daily and mop spills. Bridges shall be washed quarterly. 9. WINDOWS, GLASS DOORS AND PARTITIONS: The Contractor shall clean all interior and exterior windows in accordance with the Minimum Frequency Schedule. Finger marks, smudges, and spills shall be cleaned from all glass surfaces and mirrors at the time of detection. Cleaners shall be non-abrasive and special care shall be taken so that glass treatment (tinting) is not scratched, damaged or removed. 10. DUSTING: The Contractor shall dust all exposed surfaces daily, including desks, filing cabinets, cabinets, tables and chairs, telephones, bookcases and other office equipment using specially treated dust cloths or feather dusters, with the exception of desks and tables covered with papers and other work materials. Desk or cabinet tops will be thoroughly cleaned when left cleared. High dusting (above 8 feet) shall be performed monthly (by the 7th day) and shall include tops of doorframes, partitions, air vents, overhead shelves, special molding, and inside and outside of florescent light coverings. All blinds shall be cleaned (dusted and washed) monthly. Vending machines shall be dusted on a weekly basis. 11. OFFICE FURNITURE, DESKS AND FILE CABINETS: The sides of all furniture shall be cleaned and waxed to remove smudges and/or marks on an as needed basis. Contractor is not to disturb any computers, papers, folders, etc., on desks. Desks are to be thoroughly cleaned when all items are removed from desk surfaces. All upholstered furniture shall be vacuumed twice monthly, or more often if necessary, to maintain the fabrics in a dirt and spot-free manner. 20 111�: I l �� �qjlljghi MIMI SITE SERVICE DAYS SERVICE TIME City Hall: Council Chambers 4 Days (M-Th.) 12:OOAM to 4:OOAM Basement 7 Days 8:OOPM to 4:OOAM Directed by staff ls' Floor 7 Days 8:OOPM to 4:OOAM Directed by staff - Day Porter 2Hrs. Police Dept. 2nd Floor 5 Days (Sun.-Th.) 8:OOPM to 4:OOAM 3rd Floor 5 Days (Sun.-Th.) 8:OOPM to 4:OOAM Parking Structure -7roun' U Level*** 7 Days 10:00PM to 3,0OAM 2nd Level*** 6 Days (M-Sat.) 10:OOPM to 3:OOAM 3rd Level*** 6 Days (M-Sat.) 10:OOPM to 3:OOAM 4th Level*** 6 Days (M-Sat.) 10:OOPM to 3:OOAM 51h Level*** 6 Days (M -Sat. ) 10:OOPM to 3:OOAM Arts & Recreation Center 7 Days 8:OOPM to 4:OOAM Historical Society 2 days (Tues. & Th.) 8:OOPM to 4:OOAM Esther Snyder Community Center 7 Days 10:OOPM to 5:OOAM Aquatic Center 6 Days (Sun.-Fri.) 9:OOPM to 5:OOAM Morgan Park Restrooms* 7 Days 10:OOPM to 7:OOAM Julia McNeill Senior Center 7 Days 12:30AM to 6:OOAM Playground Structures** Quarter) /Month) TBD Teri G. Muse Family Service Center 6 Days (Sun.-Fri.) 10:OOPM to 6:OOAM Teen Center & Skate Park and Hilda L. Solis Park 7 Days 10:OOPM to 6:OOAM Skate Park Restrooms* 7 Days 10:OOPM to 6:OOAM Playground Restrooms* 7 Days 10:OOPM to 6:OOAM Playground Structures' Quarter) /Month) TBD Barnes Park Family Rec. Center 6 Days (Sun.-Fri.) 9:OOPM to 5:OOAM Restrooms* 7 Days 9:OOPM to 5:OOAM Playground Structures** Quarter) /Month) TBD Walnut Creek Nature Park Restrooms * 7 Days 9:OOPM to 6:OOAM Hamilton City Yard 5 Days (M-F) 6:OOPM to 4:OOAM Outside Restrooms 7 Days 6:OOPM to 5:OOAM Mechanic Shop 5 Days (M-F) 6:OOPM to 5:OOAM WIMMIX-IfFITUr4� �#M?l77VV�fFMF4GT# =*1 Power wash playground structures and flooring areas quarterly (February, May, September and December) and monthly during the summer months (June, July, August and October). ***Trash pick-up (litter control) only on Monday, Wednesday, Friday and Saturday. 2. DAILY JANITORIAL SERVICES: General Facilities: • Dust all desks, tables, chairs, filing cabinet tops, cabinets, telephones, bookcases and other office equipment using specially treated dust cloths or feather duster. 21 • Feather dust around computers and computer equipment. • Empty and reline all interior wastebaskets and trashcans. Place trash in trash dumpsters. Wipe inside and outside of trashcans and spray with disinfectant. • Empty and reline exterior trashcans in the Police Department parking lot, north entrance, compound area, around City Hall and all parking structure levels as well as the pedestrian bridge and outside elevator on the side of the metrolink platform (1st and fourth levels). • Remove fingerprints, smudges and spills from glass windows, doors and partitions, elevators and mirrored walls. • Remove smudges from doors, doorframes, handles, knobs, bars, woodwork and wall switches. • Clean, polish and sanitize drinking fountains. • Remove finger marks, ink marks and smudges from tabletops, walls and counters. • Clean hard surface areas, partitions, doors, stairways inside and outside (parking structure), elevators and walls, etc. • Clean windowsills and ledges. • Clean baseboards and molding strips. • Remove cobwebs. • Restock paper towel, toilet paper, seat covers and hand soap dispensers. • Return all chairs to proper locations. • Clean door thresholds /plates and door frames. • Clean bleachers, and remove trash, debris and spillages in areas around and under bleachers. • Wipe down padded surfaces/mats. • Mop mats with disinfectant. • Clean showcases and directories. • Clean the interior and exterior on elevator cabs. • Clean and polish stainless steel surfaces and fixtures. • Notify City of any graffiti that cannot be removed with normal cleaning solutions. Kitchens: • Thoroughly germicide clean kitchen with approved disinfectant. • Clean exterior surfaces of all appliances (i.e. microwaves, stoves, refrigerators, etc.) • Clean sinks, counters, cabinets and fixtures. No cleaning of dishes, silverware, or coffeepots will be required. • Spot clean doors and walls. • Clean floor drains. • Notify City of any leaks or plugged drains. Restrooms/Showers/Locker Rooms and Jail: • Clean restroom floors with germicidal detergent solution. • Locker rooms and shower walls and floors with a fungicide. • Clean basins, countertops, fixtures, toilet bowls and urinals with germicidal detergent solution. M • Clean, disinfect dispensers (paper goods, soap). Restock toilet tissue, hand soap, seat covers, paper towels, sanitary supplies and deodorizers. Toilet tissue to be replaced when more than 1/3 of the roll is used. • Wash and polish mirrors, powder shelves, bright work, etc., including flush-ometer, piping and toilet seat hinges, light fixtures, disposal bins and tops of stall partitions. • Wash both sides of toilet seats with germicidal solution. • Spot clean restroom doors, walls and partitions. • Remove all spit and paper wads from ceilings, walls, partitions, etc. • Remove grout stains (if this is not maintained a quarterly detail is required) • The cleaning services in the jail will be at the direction of the jailer who will be in charge of providing access to all rooms within the jail area. All fixtures, walls, floors, etc., are to be thoroughly cleaned in accordance with the specifications found herein. • Notify City of ant, leaks or plugged dr-ai,n-s. Y V 23 Floors: • Sweep and/or dust mop all hard surfaces using dust control sweeping mops. • Clean and vacuum floor mats. All non-skid mats shall be rinsed and disinfected. • Wet mop hard surfaces and composite floors with a City Facilities Manager approved cleaner. • Vacuum carpets and rugs COMPLETELY. Remove any staples, paper clips, confetti, etc., from carpets. • Clean locker rooms floors with a fungicide. • Sweep with chemically treated dust mop including gym. • Vacuum carpets in all areas and spot clean carpet stains with rug spotter. • Remove any spillage on floors. • Remove shoe marks. • Pick -up trash (litter control) all levels in parking structure. • Pour clean water in all floor drains to flush traps. 3. WEEKLY JANITORIAL SERVICES: • Clean and dust vending machines. • Power wash locker rooms flooring and tile areas. • Polish counter surfaces to maintain clean surface area. 4. BI-MONTHLY JANITORIAL SERVICES (Twice Per Month): • Polish all metal doorframes and kick plates. • Vacuum all upholstered furniture, such as desk chairs and guest chairs, etc. • Dust all blinds and window coverings. • Wash down or power wash staircases indoors and outdoors (ARC and parking structure) as well as immediate areas near the elevators (15 feet of elevators). • Steam clean exterior concrete restroom floors. • Clean and dry interior windows and glass doors. • Perform high dusting, such as tops of doorframes, partitions, air vents, overhead shelves, book cases, cabinets, light covers, fire extinguisher casing, special molding, etc. • Clean all basketball backboards. • Clean inside/outside of florescent light covers. 5. MONTHLY JANITORIAL SERVICES: (by the 7th day of the month) • Steam clean trashcans. • Clean roof top skylights. • Vacuum and wipe down all ceiling vents. Remove and wash as needed. • High dusting main lobbies and areas of facilities above 8 feet. • Clean all basketball backboards. • Machine scrub all interior restroom floors. • Clean and dry exterior windows and glass doors, including hard water deposits. • Clean and machine polish hard surface floors. 24 6. QUARTERLY JANITORIAL SCHEDULE: (February, May, September and December and by the 7th day of the month) • Strip, wax and machine polish tiles and all hard surface floors. • All carpeted areas shall be thoroughly cleaned stain free. • Scrub and wash janitor's room. • Clean upholstery with approved cleaner. • Playground structures and floors. • Wash down all pedestrian overhead bridges. 7. BUILDING SECURITY: • All exterior doors are to remain locked while cleaning crew is in the building. NO EXCEPTIONS. • Secure all exterior and interior doors and windows. Turn off all but security night lighting. • Reset alarms when leaving the buildings. 25 Ead'a-gain'l THIS AGREEMENT made and entered into this day of 2015, by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter "CITY") and (hereinafter" CONTRACTOR"): W I T N E S S E T H: • • (1) RECITALS: This Agreement is made and entered into with respect to the following facts: (a) That CITY has heretofore solicited sealed public bids for janitorial services as specified herein and accordance with the plans and specifications in said CITY; and (b) That CONTRACTOR has submitted bid to accomplish said work; and (c) That the City Council of CITY has heretofore determined, in accordance with all applicable laws, that CONTRACTOR'S said bid constitutes the lowest responsible bid and has heretofore awarded said bid to said CONTRACTOR; and (d) That CONTRACTOR is fully qualified to perform the work as hereinafter described. (2) CONTRACT DOCUMENTS: The following documents, attached to this Agreement and incorporated herein by this reference, shall constitute the Contract Documents referred to in this Agreement. (a). Notice Inviting Sealed Bids dated (b) Contractor's Bid dated (c) Bid Proposals (d) Instructions to Bidders (e) Specifications (D Bidder's Bond or Guarantee Bond (g) Workers Compensation Certificate (h). Liability Insurance Certificate (1). Performance Bond and Labor and Material Bond (3) NATURE OF WORK:, CONTRACTOR agrees to furnish all materials, tools, equipment, apparatus, transportation, labor and service necessary to perform, and perform and complete in a good and workmanlike manner the janitorial services in the manner designated in the Agreement and the Contract Documents referenced in Section 2. (4) TERM OF AGREEMENT: This Agreement shall commerce within ten days of the Notice to Proceed and shall be valid for a period of thirty-six months thereafter. The Agreement may be terminated at anytime by a majority vote of the City Council. The Agreement shall not be assignable or transferable by either party without the express written consent of the other party. At the option of the CITY, the Agreement may be extended for four additional one-year terms based upon acceptable performance by the CONTRACTOR, acceptable fees and subject to the same terms and conditions of the Agreement. Pricing is to remain firm for the initial contract term. Should the option to 26 renew for additional years be exercised, CITY and CONTRACTOR shall negotiate any and all price modifications. (5) WARRANTY: Warranty for labor and material will be for a period of not less than one (1) year. (6) INDEMNIFICATION: To the fullest extent permitted by law, CONTRACTOR agrees to and shall defend, indemnify, and hold harmless, CITY, each of their elected and appointed boards, officers, officials, employees, agents and volunteers, with counsel acceptable to the CITY, from and against any and all claims, demands, lawsuits defense costs, civil penalties, expenses, causes of action and judgments at law or in equity or liability of any kind or nature which CITY, or any of their elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed on them for injury or deaths of persons or damage to property, or arisin,, out of CONTRACTOR's act or -.mission in performance of this Agreement. This section does not apply to liability arising out of the sole negligence of the CITY, any of their elected and appointed boards, officers, officials, employees, agents and volunteers. CONTRACTOR shall provide, in advance, any costs related to the defense and indemnification of CITY. If a competent court of jurisdiction finds that CONTRACTOR shall not be responsible for the obligations pursuant to this Section, CONTRACTOR may apply to the CITY for reimbursement of any funds due to CONTRACTOR. (7) INDEPENDENT CONTRACTOR: CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor. Neither CITY, nor any of their officers, employees or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement. CONTRACTOR shall not at any time or in any fashion represent CONTRACTOR is in any manner an officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with performance of this Agreement. Except as provided in this Agreement, CONTRACTOR warrants that CITY shall not be required to pay salary, wages or other compensation to CONTRACTOR for performance hereunder to CITY. CONTRACTOR warrants that CITY shall not be liable for compensation to CONTRACTOR for injury or sickness arising out of performance services hereunder. Also, CONTRACTOR warrants that CITY shall not be liable for providing Workers' Compensation benefits or liability protection to CONTRACTOR. (8) WAIVER: Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. (9) BINDING EFFECT: This Agreement shall be binding upon and shall inure to the benefit of the successors of each of the parties hereto. (10) GOVERNING LAW: This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. 27 ATTORNEY'S FEES: If litigation is reasonably required to enforce or interpret the provisions of this Agreement, then the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relief to which it may be entitle. (12) NOTICE: All notices shall be personally delivered or mailed to the addresses listed below: CITY: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: Chief Executive Officer (13) ASSIGNMENT: Neither party may assign any right or obligation under this Agreement without the express written approval of the other parties. (14) MISCELLANEOUS-. Conflict of Interest: CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest rest shall be employed by or associated with CONTRACTOR in connection with this InLe Li I I I project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub- contract that CONTRACTOR executes in connection with the performance of this Agreement. Records. - CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement in a manner consistent with the CITY's records retention schedule. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. Non-discrimination: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. CONTRACTOR will take action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. W. Governing Law and Jurisdiction.- This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. Severability: Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Execution: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. Authority to Execute: The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound to the provisions of this Agreement. (15) ENTIRE AGREEMENT: This Agreement contains the entire understanding between CITY and CONTRACTOR regarding the subject matter hereof. Any prior agreements, promises, negotiations, or representation not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk Date 29 CITY OF BALDWIN PARK Mayor Date Contractor: Signature Name Title Signature Name Title 30 4 (Note: If the bidder desires to submit a bond with the proposal instead of cash, certified check, or a cashier's check, the following form should be executed.) KNOW ALL MEN BY THESE PRESENTS, That as principal, and as Surety, a company admitted to do business in the State of California are held and firmly bound unto the CITY OF BALDWIN PARK, hereinafter called "CITY" in the sum of: Dollars ($ ), which is not less than ten percent (10%) of the total amount of bid, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, as Principal has submitted a bid to said City to perform all work required under the Specifications of the City for the projects entitled: NOW, THEREFORE, if said Principal is awarded a contract by said City and within the time and in the manner required under the heading "Instruction to Bidders", bound with said Specifications, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond, a reasonable attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. SIGNED AND SEALED, this day of Seal and Notarial Acknowledgment of Surety M 31 2015. PRINCIPAL (Seal) SIGNATURE (Note: The following is to be used in case cash, a cashier's check, or a certified check accompanies the proposal). Accompanying this proposal is a certified check or a cashier's check payable to the order of the City of Baldwin Park, or cash in the amount not less than ten percent (10%) of the total amount of bid: Dollars, ($ The proceeds of the same shall become the property of said City, if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract with and furnish the insurance and bonds required by the City of Baldwin Park within the specified time otherwise, the same is to be returned to the undersigned as set forth in the Instructions for Bidders. 001021M 32 M I I-Al 19 M I oil] OVA •4 Mei IN 6 F—Al 0 MMM That we as principal and a Corporation organized under the laws of and duly organized under the laws of and duly authorized to transact business in the State of bound unto the City of Baldwin Park as oblige, in the sum of: Dollars ($ which is not less than one hundred percent (100%) of the Contract amount, for the payment whereof well and truly to be made the Principle and surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this day of 12015. WHEREAS, the Principal and the Oblige have entered into a written Contract, hereinafter called the contract, a copy of which is or may be attached hereto, dated the day of 2015 for: NOW THEREFORE, the condition of the foregoing obligation is such that if the Principal shall well and truly perform and fulfill all of said Contract, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of and all duly authorized modifications of said Contract that may hereafter be made, then this obligation shall be void; otherwise to remain in full force and effect. ag.-7.Tdo AZ Attorney-In-Fact 33 r * w M Offs R That we, as Principal and of and authorized to transact surety business in the State of California, as Surely, are held and firmly bound unto any and all material men, person, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements, or machinery for a contributing to said work to be done, and all persons supplying both work and materials as aforesaid, in the sum of _Dollars,($ ), which is not less than fifty percent (50% of the contract amount, lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed with our seals and dated this day of 2015. The condition of the foregoing obligation is such that, whereas the above bounded Principal has entered into a contract, date 2015, with to perform the following work to wit: NOW THEREFORE, if the above bounden PRINCIPAL, contractor, person, company or corporation, or his or its sub - contractor, fails to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 3181 of the Civil Code, hereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the contractor and his sub - contractor pursuant to Section 18806 of the Revenue and Taxation Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suite, said attorney's fee to be taxed as costs in said suite and to be included in the judgment therein rendered. This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7, Works of Improvement, commencing with Section 3426 of the Civil Code of the State of California and all amendments thereto, and shall insure to the benefit of any of the persons named in Section 3181 on the Civil Code of the State of California. (SEAL) SURETY (SEAL) By: Attorney -In -Fact 34 The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. W*VM mll Signature of Bidder Title Date Business Address Place of Residence Subscribed and sworn to before me this day of )2015. Notary Public in and for the County of Los Angeles, State of CA My Commission expires 1 200_. 35 ARMS11AIN 9AINWITS14-9 Provided at least five (5) references representing a good sample of the vendor's customers (i.e., new customers if less than 5 years, customers of 5 years or more and customers of 10 years or more). If any customers are municipalities or governmental agencies, please list them. 36 1 ''• • Mill Bidder Name: The above -named Bidder, having examined the proposed Contract Documents and having visited the sites and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, supplies and equipment, and to perform operations necessary to complete the work as required by proposed Contract Documents. ITEM NO. LOCATION APPROX. SQ. FT. MONTHLY PRICE 1 City Hall 85,000 $ 2 Parking Structure 176,200 $ 3 Arts & Recreation Center 15,000 $ 4 Esther Snyder Community Center 54,000 $ 5 Julia McNeill Senior Center 11,646 $ 6 Teri G. Muse Family Service Center 5,150 $ 7 Teen Center & Skate Park 9,200 $ 8 Barnes Park Family Recreation Center 3,500 $ 9 Walnut Creek Nature Park 750 $ 10 Hamilton City Yard 10,000 i $ TOTAL COST PER MONTH $ TOTAL ANNUAL COST $ THE ANNUAL SUM (spell out amount): Signature Print Name Title Company 37 ITEM NO. 2 STAFF REPORT -- TO: The Honorable Mayor and Members of the City Council a HUB OF =,A U FROM: Marc Castagnola, AICP, Director of Community Development VALLEY shay DATE: March 18 � 2015 v SUBJECT: Consideration of an Exclusive Negotiation Agreement wit Montebello Housing Development Corporation for an Affordable Housing Mixed Use Development project between Badillo Street and Ramona Boulevard. To consider an Exclusive Negotiation Agreement (ENA) for a total period of 180 days with Montebello Housing Development Corporation (MHDC) for a potential Affordable Housing Mixed -Use development project located at the intersection of and between Badillo Street to the south and Ramona Boulevard to the north. There is no fiscal impact related to the approval of the ENA. 1.71[11111 E11 cool 711 V [�7►`� Staff is recommending the City Council approve the proposed Exclusive Negotiation Agreement. The Montebello Housing Development Corporation (MHDC) desires to develop a mixed use, affordable residential project on city property located immediately at the intersection of and between Badillo Street to the north and Ramona Boulevard to the south. The site is currently used as a Metrolink Park -N -Ride lot and also includes a fenced area with the former Red Car structure (APN 48437- 013 -905). The totality of the site is approximately 1.49 acres and fronts both Badillo St. and Ramona Blvd. The site is currently owned by the Successor Agency to the former Redevelopment Agency of the City of Baldwin Park. 1. The Proposed Project MHDC is proposing to construct four to six detached 3 -story over garage structures with a total 24 affordable residential units of 2- and 3- bedroom of approximately 1,200 Sf. to 1,500 S£ According to MHDC, the project would target low to moderate income homebuyer. Each unit would have a 2 -car parking garage or space with an additional 0.5 guest parking space per unit. MHDC — ENA March. 18, 2015 Page 2 of 4 The project would also include the renovation of the former Red Car structure. The Red Car building site would be parceled out from the residential project and would serve as either a community facility, retail or office use. MHDC would retain ownership of this parcel. As part of this proposal, MHDC will be requesting that the Successor Agency donates the land or sell the parcel at a discount rate for the project. 2. The Proposed Exclusive Negotiation Agreement (ENA) Staff has developed the attached ENA for Council review and consideration. The major terms of the ENA are as follows: Note: During the ENA period, the City Council and Successor Agency will not be permitted to discuss possible development of the proposed project area with any other developer. • Period: This ENA will expire 180 days (6 months) following adoption. • Third Party Cost: MHDC is responsible for all third party costs incurred by the Successor Agency, including review by third party of the financial pro-forma. • Bi-Monthly Reports: Bi-Monthly progress reports are required on the I Oth of each month starting with the full month after execution of ENA. • Alternative Project Sites: Within 60 days, MHDC shall submit a report evaluating 3 alternate sites for the project. • Financial Feasibility Prospectus: To be delivered within 90 days after effective date of ENA. • Market Feasibility Study: To be delivered within 120 days after effective date of ENA. • Necessary Debt and Equity Financing: To be delivered within 150 days after effective date of ENA. • Conceptual Plans: To be delivered within 180 days after effective date of ENA. • Right to Additional Information: Successor Agency reserves the right to request reasonable additional information and data from developer for review and evaluation of the proposed development. • Hazardous Material: Developer is responsible for making site suitable for development. • California Environmental Quality Act (CEQA): Successor Agency, at Developer's expenses, is responsible for CEQA compliance for the proposed project. The ENA would allow staff to evaluate the project feasibility, the appropriateness of the City's level of contribution and make recommendations as appropriate. At this time, Developer anticipates the City contribution of land. At the conclusion of the ENA, if the City decides to proceed with the project, the developer and the City will have the option negotiate and enter into a Disposition and Development Agreement (DDA). MHDC — ENA March. 18, 2015 Page 3 of 4 ALTERNATIVES The only alternative to the recommendation would be to deny granting of this ENA. LEGAL REVIEW: The General Counsel has reviewed the ENA. Attachments: 0 ENA Exclusive Negotiation Agreement (ENA) EXCLUSIVE NEGOTIATION AGREEMENT THIS EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") is entered into by and between the SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK acting as the HOUSING SUCCESSOR, a public body, corporate and politic ("Housing Successor") and the MONTEBELLO HOUSING DEVELOPMENT CORPORATION, a California corporation ("Developer") under the terms and provisions set forth below. WHEREAS, in furtherance of the goals and objectives of the General Plan of the City of Baldwin Park ("City") and vision for the Baldwin Park downtown revitalization, Housing Successor and Developer desire to enter into negotiations concerning the development --""certain land (defined below as the "Project Site"); and WHEREAS, the Project Site is designated as such on the Project Site Map ("Exhibit A"); and WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide Developer an opportunity to further develop, refine, and analyze their proposal and to negotiate the terms of a Disposition and Development Agreement ("DDA") or an. Owner Participation Agreement ("OPA"), which will accomplish the objectives described in Paragraph I below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Housing 'Successor and Developer hereto mutually agree as follows: 1. PURPOSE The purpose of this ENA is to provide for the negotiation by the parties of a development project providing for, among other things, the following: A. The acquisition by Developer of the Project Site. The development shall be a master planned, pedestrian-oriented mixed-use, affordable housing development with open spaces and public amenities (the "Proposed Development"). The development shall be subject to and consistent with the requirements of the California Environmental Quality Act and related State Guidelines ("CEQA"). The Project Site is proposed to consist of property generally located to the east of the intersection of and between Badillo Street to the south and Ramona Boulevard to the north. The site is approximately 1.49 acres and is currently used as a Metrolink Park- N-Ride lot. The site also includes a fenced area with the former red car structure. By entering into this ENA, the parties intend to implement City's vision and General Plan. Nothing herein shall obligate or be deemed to obligate Housing Successor to commence any action or actions, including, but not limited to, eminent domain Page 1 proceedings, for voluntary or involuntary acquisition of real or personal property, or any interest therein. The parties understand and agree Housing Successor cannot be obligated to commence any action to convey any interest in any portion of the Project Site to Developer, unless and until, among other legal requirements and as applicable, all necessary steps are met, including, but not limited to, good faith negotiations, due process conducted by Housing Successor and in Housing Successor's sole discretion, after duly noticed and conducted public meeting, a determination the public necessity and interest is best served by such conveyance. B. The coordination of the planning, design and construction of Proposed Development on the Project Site and to maximize its compatibility with the abutting and adjacent uses and to minimize environmental, traffic and other impacts on the abutting and adjacent uCes. C. Provisions related to Housing Successor potential assistance, if any, through disposition of property. D. Other provisions regarding the participation and responsibilities of the Developer and Housing Successor necessary to further the purpose of developing the Project Site, such as provisions for processing approvals and permits. U� �: (� 1 � 1 � I.` 1► �I � 1� [ � 1: (11 111 E � � �►1 � Li "L � 711 1 /_� 1► � 1 A. Housing Successor hereby grants to Developer, and Developer hereby accepts this ENA for a period of one hundred eighty (180) days, commencing on the date this ENA is signed on behalf of Housing Successor. B. Housing Successor and Developer agree, for the period set forth in this Paragraph 2, to negotiate diligently and in good faith to prepare a DDA or OPA to be entered into by Housing Successor and Developer with regard to the objectives described above. During the term of this ENA, Housing Successor agrees not to negotiate for the development of the Project Site, or portion thereof, with any party other than the Developer, or approve or conduct a public hearing for any other development of the Project Site, or portion thereof. During the term of this ENA, Developer agrees as partial consideration for this ENA not to negotiate with any other party at any other property outside the jurisdictional boundaries of City and within a 3 -mile radius extending from the boundaries of the Project Site for uses similar to those contemplated for the Project Site. Housing Successor and Developer hereby agree to the following terms: A. Developer to Pay All Housing Successor Third Party Costs. Developer is responsible to pay any and all Housing Successor third party costs directly or indirectly related to Page 2 this ENA and incurred in good faith by Housing Successor ("Third Party Costs"). Housing Successor must submit cost estimates and Developer must approve the expense prior to the cost being incurred, with any cost incurred to be billed directly to the Developer. B. Bi-Monthly Status Reports. On or before the tenth (10th) day of every two months starting with the first full month after the effective date of this ENA, Developer shall provide bi-monthly status reports to the Executive Director in a format reasonably requested. by the Executive Director. These reports, at a minimum, will include status reports regarding progress associated with the schedule of performance and information regarding Developer's efforts to work with current owners and tenants on the Project Site and Developer's efforts to acquire the land necessary for the project and secure quality commercial tenants for the Proposed Development. F C. Alternative Project Sites. Within sixty (60) days after the effective date of this ENA, Developer may evaluate a minimum of three (3) alternate sites within the City boundaries where a similar project could be developed. Alternative sites must be identified and mutually agreed upon by Housing Successor and Developer. Developer must submit to Housing Successor a report documenting the location, size and characteristics of the alternates sites and an evaluation of the project feasibility on each site. However, this ENA shall not be binding, or be interpreted to apply to, any alternative sites, or any site other than the Project Site. n. 1, ninety (90) days after the effective date of Financial Feasibility Prospectus. Within ni this ENA, Developer shall submit to Housing Successor a pro forma showing the fiscal feasibility for its Proposed Development. E. Market Feasibility Study. Within one hundred and twenty (120) days after the effective date of this ENA, Developer shall submit to Housing Successor a market feasibility study for its Proposed Development, including a residential housing and neighborhood retail specific market study and residential housing and neighborhood retail marketing strategy. F. Necessary Debt and Equity Financing. Within one hundred and fifty (150) days after the effective date of this ENA, Developer shall submit reasonable satisfactory evidence to Housing Successor, including the financing structure and preliminary commitments and letters of intent from financial organization or other equity partners, demonstrating Developer can and will obtain the necessary debt and equity financing in an amount sufficient to pay for acquisition and development of the Project Site. G. Submittal and Review of Conceptual and Phasing Plans._ Within one hundred and eighty (180) days after the effective date of this ENA, Developer shall submit to Housing Successor conceptual and phasing plans for the development of the entire Site (the "Conceptual/Phasing Plans"). City staff shall review and comment on the Page 3 Conceptual and Phasing Plans. H. Housing Successor's Right to Additional Information. Housing Successor reserves the right, during the term of this ENA, to request reasonable additional information and data from Developer necessary for review and evaluation of the proposed development. Developer agrees to provide such additional information or data as reasonably requested in a timely manner. All information regarding the Developer's business practice which may be provided to Commission, shall remain confidential to the extent permissible by law. 1. Hazardous Materials. Housing Successor shall not be responsible for conducting or financing any testing of the Project Site for hazardous materials pursuant to any applicable laws, statutes, rules and regulations. As between Housing Successor and Developer, Developer shall also be responsible for making site conditions suitable for the Proposed Development, including, but not limited to, flood zones, Alquist-Priolo, and similar matters. For purposes of this ENA, "hazardous materials" shall mean asbestos; polychlorinated biphenyls (whether or not highly chlorinated); radon gas; radioactive materials; explosives; chemicals known to cause cancer or reproductive toxicity; hazardous waste, toxic substances or related materials; petroleum and petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance", as defined by section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., or as "Hazardous Waste" as defined by section 6903 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.; an "Extremely Hazardous Waste," a "Hazardous Waste" or a "Restricted Hazardous Waste," as defined by The Hazardous Waste Control Law under sections 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to section 25140 of the California Health and Safety Code; a "Hazardous Material", "Hazardous Substance," "Hazardous Waste" or "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, laws pertaining to the underground storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act under sections 25316, 25281, 25501, 25501.1 or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous Substance" listed or identified pursuant to section 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22 of the California Code of Regulations sections 66261.1- 66261.126; chemicals listed by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or reproductive toxicity pursuant to section 25249.8 of the California Health and Safety Code; a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, materially damages or threatens to materially damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or government agency requires in order for the property to be put to the purpose proposed by this Page 4 ENA; any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; any radioactive material including, without limitation, any "source material," "special nuclear material," "by- product material," "low -level wastes," "high -level radioactive waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code sections 25800 et seq.; hazardous substances regulated under the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., or the California Occupational Safety and Health Act, California Labor Code sections 6300 et seq.; or regulated under the Clean Air Act, 42 U.S.C. 7401 et seq. or pursuant to The California Clean Air Act, sections 3900 et seq. of the California Health and Safety Code. Any studies and reports generated by Developer's testing for hazardous materials shall be made available to the Agency upon Agency's request. J. No Obligation by Housing Successor. Notwithstanding any other provision of this agreement, nothing herein shall obligate or be deemed to obligate Housing Successor to approve or execute a DDA or OPA, or convey any interest it has, if any, in any portion of the Project Site to Developer. The parties understand and agree Housing Successor cannot be obligated to approve or execute a DDA or OPA, commence any action to convey any interest in any portion of the Project Site to Developer whatsoever, unless and until, among other legal requirements and as applicable, (i) CEQA requirements are met and (ii) a DDA or OPA satisfactory to Housing Successor is first negotiated, executed by Developer, approved by Housing Successor's Board, in each of their sole discretion, after duly noticed public hearing, and executed by Housing Successor. The parties each agree to negotiate in good faith to accomplish the objectives described in this ENA. K. DDA or OPA to Supersede this ENA. This ENA will be superseded by the DDA or OPA, if and when the proposed DDA or OPA is executed by Developer and approved by Housing Successor in the manner required by law, and executed by Housing Successor. L. Housing Successor Responsible for CEQA Compliance. Housing Successor, at Developer's costs, shall be responsible for complying with CEQA in connection with the Project Site and the development of the Project Site. M. Real Estate Commissions. Housing Successor shall not be liable for any real estate commissions or brokerage fees, which may arise herefrom. Housing Successor represents it has not engaged a broker, agent or finder in connection with this Page 5 transaction. Each party agrees to hold harmless the other party from any claim by any broker, agent or finder retained, or claimed to have been retained, by that first party. N. Conflicts of Interest. For the term of this ENA, no member, officer or employee of Housing Successor, during the term of his or her service with Housing Successor, shall have any direct or indirect interest in this ENA or obtain any present or anticipated material benefit arising therefrom. O. Change in Ownership or Control of Developer. Developer understands Housing Successor is entering into this ENA based on the prior experience and qualifications of Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all of its rights under this ENA to any party not owned, in the majority, or controlled hxT T)i-vAnnPr vu;tliniit flip prior xxTr;t Pnapproval of Housing Successor, at its sole .7 — ­ 11 . ­ -1 ­_ 11, --- , I .. Itell discretion. P. Indemnity. Developer agrees to and hereby does defend, hold harmless and indemnify Housing Successor, City and each of their officers, agents and employees (the "Indemnified Parties") from damages arising from Developer's acts or omissions; provided, that the obligation to defend does not apply to actions arising solely from the Indemnified Parties' acts or omissions; and provided, farther, that the obligation to indemnify and hold harmless does not apply to the extent caused by the negligence or willful misconduct of any of the Indemnified Parties. Q. Governing Law. This ENA shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. R. No Third Party Beneficiaries. Housing Successor and Developer expressly acknowledge and agree they do not intend, by their execution of this ENA, to benefit any persons or entities not signatory to this ENA; provided, that the parties understand if a DDA or OPA is ultimately entered into, there may be involvement by, or commissions or fees paid to, any brokers representing Developer pursuant to the terms of a separate written agreement between Developer and such brokers. Developer hereby agrees to indemnify, defend and hold harmless the Indemnified Parties from any claim or action brought by or on behalf of any such broker related to their involvement with Developer or for Developer's failure to pay any commissions or fees. No person or entity not a signatory to this ENA shall have any rights or causes of action against either Housing Successor or Developer arising out of or due to Housing Successor's or Developer's entry into this ENA. 4. TERMS TO BE NEGOTIATED Housing Successor and Developer shall meet regularly with each other in order to negotiate a proposed DDA or OPA to include, without limitation, the following provisions: Page 6 A. A single development plan comprised of one or more phases (scope of development) that is functional, aesthetic, and minimizes conflicts with, and is sensitive to, adjoining and adjacent properties. Architectural and site design issues to be resolved shall include, but not be limited to, acceptable architectural and landscape quality, initial size and maturity of plantings, access and circulation, determination of parcel boundaries, on -site and off -site improvements, Project Site- perimeter treatment, landscaped buffers, parking, signage, lighting, and easements, if applicable. B. The design and configuration of the site plan shall maximize, to the extent reasonably feasible, the potential to attract retail /restaurant tenants. C. The acquisition procedures that may include the time schedule for conveyance, if any, of portions of the Project Site from Housing Successor, the financing plan, and the cost of the Project Site. D. The timing and conditions precedent for the conveyance, if any, of the Project Site or portions thereof. E. The performance guarantees, amount of liquidated damages, and good faith deposit to be required, if any. The proposed DDA or OPA shall require Developer to pay when due, on all those parcels owned by Developer, all taxes, assessments, and special taxes levied on the Project Site and all debt service on all bonds outstanding from time to time which have a lien or encumbrance on the Project Site. Any deposit under the DDA or OPA shall be returned to Developer upon the completion of the development as evidenced by a Certificate of Completion issued by Housing Successor. F. A schedule of performance encompassing appropriate and necessary legal, administrative, financial and construction benchmarks to be met by the appropriate party. G. The responsible party to prepare a subdivision tract map subdividing the Project Site into parcels as appropriate and necessary. H. The responsible party for all costs associated with the removal or remediation of any potentially hazardous materials from the Project Site and demolition of all improvements on the Project Site. L Ownership of all plans, drawings and specifications prepared by Developer in the event of termination of the DDA or OPA. Appropriate controls to limit the use of the Project Site, including, but not limited to, a requirement for the uses to meet the criteria set forth in Exhibit B, attached hereto. K. Operational and maintenance plans for the development, including the parking. I'.•- L. A financing plan. LIMITATION ON REMEDIES FOR BREACH OR :DEFAULT AND RELEASE OF CLAIMS A. Neither party would have agreed to any part of this ENA if it were to be liable to the other party for any amount of monetary damages. Accordingly, both 'parties acknowledge and agree each party's exclusive right and remedy upon; any breach or default of the other `party .to negotiate in good faith, as set forth in this ENA:, is to terminate this ENA or seek specific performance regarding the exclusivity provisions of this ENA, as applicable. The prevailing party in any action brought pursuant to this subparagraph A. shall also, be entitled to an award of reasonable attorneys' fees and costs. If this ENA is terminated, then the Good Faith Deposit being held by Housing Successor, if applicable, shall be returned to Developer by Housing Successor, in accordance with Paragraph 3.A. B, Each party acknowledges it is aware of the meaning and legal effect of California Civil Code Section 1542„ which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with the debtor. C. Civil Code Section 1542 notwithstanding, it is the parties' intention to be bound by the limitation on remedies set forth in this Section, and each party hereby releases any and all claims against the other party for monetary damages or other legal or equitable relief, whether or not such released claims were known or unknown to the releasing party as of its entry into this ENA. Each party hereby waives the benefits of Civi l Code Section 1542 and all other statutes and judicial decisio s (whether state or federal) of similar effect. ........... . ... . ...... Housing Successor Initials Dev lop _ Initialsw n. TERMINATION BY HOUSING SUCCESSOR Housing Successor shall have the right to terminate this ENA in the event Developer (a) proposes provisions in the proposed DDA or OPA, which (i) materially vary from those described in this ENA or (ii) describe a development that materially varies from the ` development generally described in Paragraph l of this ENA or(b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Developer's receipt of written notice thereof. Page 8 Developer shall have the right to terminate this ENA in the event Housing Successor (a) proposes provisions in the proposed DDA or OPA, which materially vary from those described in this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Commission's receipt of written notice thereof. 8. NOTICES. A. Any notice, request, approval or other communication to be provided by either party shall be in writing and dispatched by first class mail, registered or certified mail postage prepaid, return-receipt requested, or by electronic facsimile transmission v followed b­ delivery of a "hard" copy, or by personal deliver,, (including by mean- of .7 F - means professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), to the addresses of Housing Successor and Developer set forth below. Such written notices, requests, approvals or other communication may be sent in the same manner to such other addresses as either party may from time to time designate. B. Any notice that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt; and any notice that is sent by registered or certified mail, postage prepaid, return-receipt requested shall be deemed received on the date of receipt thereof. C. If to Housing Successor: City of Baldwin Park Attn: Shannon Yauchzee, Chief Executive Officer 14403 East Pacific Avenue Baldwin Park, California - 91706 Telephone: (626) 960.4011, ext. 482 Facsimile: (626) 337.2965 With a copy to: Tafoya & Garcia LLP Attn: Robert Tafoya 316 West 2nd Street, Suite 1000 Los Angeles, California - 90012 Telephone: (213) 617-0600 Facsimile: (213) 617-2226 Page 9 D. If to Developer: Montebello Housing Development Corporation Attn: Robert Monzon, President 1619 Paramount Boulevard Montebello, California — 90640 Telephone: (323) 722-3955 Facsimile: (323) 722-6209 With additional copies to: Roquemore, Pringle & Moore, Inc. Attn: John Pringle 6055 E. Washington Blvd., Suite 500 Los Angeles, California - 90040 Telephone: (323) 724-3117 X304 Facsimile: (323) 724-5410 • —6111 124 11 a N i F, N IN I 18 TIN rQT1 ► VMW This ENA may be executed in two (2) counterpart originals which, when taken together, shall constitute but one and the same instrument. 10. ENTIRE A',---,REEMENrL This ENA represents the entire agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to development of the Project Site. This ENA may not be amended unless agreed as such in writing and certified by the signatures of the parties hereunder. Page 10 11, EFFECTIVE DATE The effective date of this ENA shall be the date it is signed on behalf of Housing Successor, THE SUCCESSOR AGENCY OF BALDWIN PARK TO THE DISSOLVED COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY BALDWIN PARK Dated: fly: Manuel Lozano, Chair APPROVED AS TO FORM: TAFOYA & GARCIA, LL P General Counsel MONTEBELLO HOUSING DEVELOPMENT CORPORATION, a California Corporation Dated: 44onzo-mPresident R er Page 1 I PROJECT SITE MAP fi 715 .- �T�okCITY CIF 111M 175H}t5F 1J}y� R.YSGO Page 12 ����� Any, retail uses to be operated on the Project Site shall ie limited tou neighborhood retail operator onthe majority of the commercial component Project Site. Fast-food establishments, drive-through businesses of any kind, professional services such as nail salon and similar uses are not acceptable neighborhood retail businesses for this project. The Executive Director, in his sole discretion, may determine whether a proposed business operator not named above meets the intent of this criteria. Page 13 "v 4 a Hub OF ° U THE �10 SAN GABRIEL e �o VALLEY h01 �RATE4 JANUP�y I ITEM NO. TO: Honorable Mayor and City Councilmembers FROM: Daniel Wall, P.E., Director of Public Works / City DATE: March 18, 2015 SUBJECT: Authorize the Purchase of Five Buses SUMMARY This item authorizes the purchase of five (5) new CNG powered buses to replace five 2003 diesel buses. FISCAL. IMPACT There is no impact on the General Fund. The cost to purchase the five (5) busses is $2,177,747.30. The following table summarizes the sources of funding available for this purchase. Sources of Funding Funds Funds Available Funds Status MTA Call Grant (Fed. CMAQ) $1,150,481.00 Appropriated Prop. A (Local Return) $713,567.00 Appropriated Prop. A (Local Return) $313,700 Request for Reappropriation of previously appropriate funds Total Funding $2,177,748 On February 18, 2015, $250,000 in Prop A funding was appropriated to Bus Stop improvements. It is requested that those funds be appropriated along with an additional $63,700 in unappropriated Prop A funds to make this bus purchase. After this appropriation of Prop A funds, there will still be $250,000 in remaining funds appropriated for Bus Stop improvements. RECOMMENDATION Staff recommends that City Council: 1. Authorize staff to enter into a cooperative public contract purchasing program with CalACT Procurement to use their existing negotiated pricing and proposal; 2. Authorize the Mayor to sign a purchase agreement with Creative Bus Sales for the purchase of five clean air transit fleet buses in the amount of $2,177,747.30; and 3. Approve the appropriation of the funds for this purchase. 4. Authorize the Director of Finance to make the necessary budget amendments and transfers. BACKGROUND • In October 2014, staff received authorization from Metropolitan Transportation Administration to expend the $1,797,627. • On February 18, 2015, The City council appropriated Prop A funds for the purchase of new buses. • On March, 4, 2015, the City Council authorized an increase in transit fares and a reduction in buses being operated (from 6 to 5) in order to offset the costs of purchasing new buses. To utilize the institutional expertise and negotiating power of larger transit agencies, staff used prior negotiated and approved CalACT pricing for transit buses that meet the City's needs. The use of this pricing is in full compliance with grant requirements. Request for quotes were sent to the following six bus companies: • Allied Bus Sales • A to Z Bus Sales • Bus West • Creative Bus Sales • Nations Bus Responsive proposals were received from two bus companies. Follow -up specifications and clarifications regarding the buses and related equipment were compiled and completed in March 2015. LEGAL REVIEW None required. ALTERNATIVES /ANALYSIS A number of bus companies responded to our request for bids with complete specifications and quotation documents. After carefully analyzing and reviewing the specifications and quotations, some of the proposals were determined to be non- responsive, other buses failed to meet critical standards such as the availability of CNG fueled engines or the minimum 10 year at 350,000 mile testing requirements. The selection of the buses were also based on the following: • Compliance with CalACT requirements • Heavy -duty bus classification • 30 foot long bus with ADA accessibility • Low Floor entry for quick ADA access per bus stop • High mileage rated • Turning radius • 200 mile mileage per day fueling • Made in America Attachment 1 includes a summary of all the proposals received for the buses. Included is a brief analysis of the quotations and why they were determined to be non - responsive, the ones failing to meet the critical required standards such as the unavailability of alternative fuel engines (non CNG), or not meeting the minimum 10 year at 350,000 mile testing requirements. Creative Bus Sales' proposal provides buses which meet all City and grant requirements at the lowest price. Their proposal is complete, and meets our specifications. In addition, the recommended buses meet the FTA, Metropolitan Transportation Authority (MTA) and Air Quality Management Districts (AQMD) requirements for buses used for transit services. Therefore, all of the grant funding identified for these buses is eligible for reimbursement. Pricing for the buses is based on a cooperative public contract purchasing program wherein a small agency or several agencies are able pool their buying power and take advantage of lower pricing from an improved economy of scale. The pricing is based on a proposal contract thru CalACT. The City will be required to enter into a separate agreement in order for the lower pricing to be honored. There is a 1.5 percent fees associated with that arrangement, which is included in the total pricing. ATTACHMENTS 1. Summary and Analysis of Quotes for the Buses 2. Creative Bus Sales Purchase Agreements and Proposal Creative BLIS Sales Buyer's Order Contract Date: March 9, 2015 Unit #(s): Customer Name: City of Baldwin Park Contact: David Lopez Phone: 1626,960,4011 x458 Address: 14403 East Pacific Avenue Fax: 1626.962.2625 City, State, Zip: Baldwin Park, CA 91706 E-Mail: Idlopezebaldwirlipark.com 2K Ent1ty#: Salesperson: Steve Chung jSys Ship To Address: ATTN: -, Same as above Finance Source: lContact: Address- I Phone: City, State, Zip: lFax, Description ofVehl�cie: 5-New 'ElDorado National EZ Rider 11 Buses Per Attached Proposal C@IACT Class H Engine Type: CNG VIN 11: FOB Terms: Destination Number of Passengers: 29 Wheelchair Positions, 2 Estimated Delivery Date: 9 to 10 months from order Payment Terms; 30-Days Unit Price $398,689.00 Options $0.00 Possession Stated CA Delivery $0.00 Incentives (Non Taxable) $0,00 Rebates (Taxable) $0.00 Doc Prep Fee (Taxable) Sub-Total ADA Amount $80.00 $398,769.00 $35,000.00 Total Taxable Amount $363,769.00 9.000%[ Sales Tax Total $32,73911 Notes: Sales tax is calculated based on the state or country in which customer takes possession of vehicle. Sales tax will be charged to customers taking possession in AZ, CA, FL, IN, NM, NV, OK TX, Canada, and Mexico, All rebates and incentives will be signed over to Creative Bus Sales, CalACTFee: $4,000,00 DMV Fees: $29L0 Tire Fee Total Amount Per Unit $12.25 $435,549.46 Quantity Contract Total 5 $2,177,747.30 Customer Deposit $0.00 13.1.nce Due $2,177,747.30 Terms: The deposit if indicated above is due with this signed contract. The balance due indicated above is due before vehicle(s) will be released to the Customer. If the vehicle(s) is not accepted by the Customer, the vehicle will be available for sale to other customers. The vehicle(s) will riot be titled to the Customer until the contract total indicated above PILIS any interest charges indicated herein are paid in full. There is no "cooling off" or other cancellation period for vehicle sales. Therefore, you cannot later cancel this contract without the agreement of the Dealership, or for legal cause. The tax and fees reflected on this agreement are based on. the regulations applicable at the time of drafting this contract, The actual amounts clue will be based on the regulations applicable at the time title for each vehicle transfer, Buyer's Signature: Creative Bus Sales: -2 Accepted By: Creative Bus Sales 13501 Benson Avenue Chino, CA 91710 3/912015 Phone: 909,,465,5529 Fax: 909,465.5529 vvvvw.creitiveE ussaIes.corjn March 5, 2015 Creative Bus Sales Proposal City • Baldwin Park Bus photo not to actual specifications of proposal CalACT Class H Low Floor Bus ElDorado National EZ Rider 11 Non-BRT Buses (Low-Floor Rear Engine Transit Buses) 23- Ambulatory Passengers + 2-Wheelchair Positions or 29-Ambulatory Passengers Pricing based off of CalACT / MBTA Vehicle Purchasing Cooperative Piggyback Options: CalACT/ MBTA Bid (Class H-CNG) Proposal Made to Mr. David Lopez of City of Baldwin Park ®. 14403 Pacific Avenue a Baldwin Park, CA 91.706 0 DLopez@baldwinpark.com 0 (626)960-4011 x458 Purchase Requires Membership to CalACT and Payment of Procurement Fee Current Delivery Timeline: 9 to 10-Months from Receipt of Order 13501 Bertsoi-i Avejiue - Chino, CA 91710-5231 ['].curie: (909) 465-5528 - Fax: (909) 465-5529 - www.creativebussales.coin • Front or Rear Door Wheelchair Ramp (Customer to Choose) • Driver's Seat: USSC G2A with Head Rest and Black Transit Fabric and 3 -Point Seat Belt • Passengers Seats: Citiseats with Fabric Inserts and Grab Handles • Please see attached pages for exact specifications. Additions to CaIACT Base Specifications: • (1) LED Interior Lights: $2,250.00 • (1) Drivers AC /Heat /Defrost: $2,965.00 • (1) 9 -Tank CNG Pod: $20,607.00 • (1) REI 4- Camera System (Interior Cameras): $3,495.00 • (1) Decal Allowance: $3,500.00 • (1) Driver's Seat Alarm (Parking Brake): No Charge • (1) Driver's Seat Alarm (Seat Belt): No Charge Pricing: • Base Price: $365,872.00 • Total Options: $32,817.00 • Documentation Fees: $80.00 • Subtotal: $398,769.00 • Non- Taxable ADA Items: $35,000.00 • Taxable Amount: $363,769.00 • Sales Tax 9.00%: $32,739.21 • CaIACT Procurement Fee 1.5%: $4,000.00* • DMV Electronic Filing Fee: $29.00 • DMV Estimated Fee: Exempt • Tire Fee: $12.25 • Delivery Fee: Included • Total Cost Per Bus: $435,549.46 *CaIACT Procurement Fee is 1.5% of the subtotal amount before taxes and fees. But it is also capped at $15,000 per transaction as long as all of the units are ordered on one purchase order. Based upon an order of 5- buses, this amount is $4,000.00 per bus ($20,000/5). Should the number of units change, the CaIACT fee per unit will change accordingly. Prepared by: Steve Chung / Cell 909.549.9398 / Office 909.465.5528 stevec @creativebussales.com 13501 Benson Avenue , Chino, CA 91710 -5231 Phone: (909) 465 -5528 - Fax: (909) 465 -5529 ® www.creativebussales.corn J� ,/ \ \. � �} u~ \\ �§ »/ cd A e CD 9 .2/ 2 »° �! ® ®. «» z± \ o �\ \\ \ �A� �( § , IN § §I � : §� �/ | \! |� � ■ /� —T oat O §z ' LL ro§ / \ § o [ m§ ) / j b§ E / §| < l( — / $ / § » § W IL y (n ® g §( » ■ u u E !� } k \ \ \ Li K} § 2 \ ƒ k \ }} »a >u z w §a ~ � u (n �r k \ )§ §m y L� (no =ak @o ■7 ;b ELDORADO NATIONAL CALIFORNIA, INC. 9670 GALENA ST, RIVERSIDE, CA 92509 11/15/2012 PAGE:1 PRE - SHIPPER 004136 1CREACAHB SHIP: CREATIVE BUS SALES 13501 BENSON AVE. CHINO, CA 91710 EZRM -32 BILL: CREATIVE BUS SALES 13501 BENSON AVE. CHINO, CA 91710 CHANGE ORDER # : 0 OPEN DATE: 11/9/2012 W /0: 999999 STOCK M. VIN: SLSM: Gentry Shaw SCHEDULED SHP /DATE: 11/912012 ITEM #IITEM DESCRIPTION QTY Model I Floor Plan 73 9010879 EZ -RIDER 11 MAX 32 FRT & MID DOOR BODY 1 - CAL ACT Mechanical 2 1226562 AIR COMPRESSOR - ENGINE MOUNTED 1 4 1228139 REAR ENGINE "RUM' BOX 1 3 1400066 ELECTRONIC THROTTLE 1 5 1400456 ENGINE BELT GUARD 1 8 1226570 AIR DRYER 1 7 1226596 AIR BRAKES 1 6 1327949 ASS BRAKE SYSTEM 1 9 20 -03 TRANSMISSION ALLISON B30OR 5 -SP W /RTDR 1 13 1328210 STAINLESS STEEL SURGE TANK 1 103 20 -04 DIAGNOSTIC PORT IN REAR ENGINE COMPARTMENT 1 74 20 -04 LINNIG VIBRATION DAMPENER FOR A/C 1 15 1228022 KNEELING FRONT SUSPENSION SYSTEM 1 16 20.09 SUSPENSION AIR 2 BAGS PER AXLE 1 17 1196690 STEERING COLUMN TILT & TELESCOPIC 1 18 1226406 WHEELS OEM PAINTED STEEL 1 19 20.19 RADIAL TIRES - 27517OR 22.6 1 20 20 -19 SPARE TIRE & STEEL WHEEL ASSEMBLY - 275/70R 22.5 1 22 1042993 BUMPER HELP REAR ASSEMBLY 1 21 1043017 BUMPER HELP FRONT ASSEMBLY 1 23 1025522 MUD FLAP FRONT (1) PAIR 1 24 1025527 MUD FLAP REAR (1) PAIR 1 96 1043140 TOW HOOKS ASSEMBLY FRONT 1 Electrical 3o 1090885 HIGH IDLE ASSEMBLY 1 31 1136530 WIRE COLOR CODED & NUMBERED 1 29 1227917 FLUORESCENT INTERIOR LIGHTING 1 28 1228659 CIRCUIT BREAKER MANUAL RESET 1 27 1328152 BATTERIES DUAL 8D ON S/S SLIDE TRAY 1 25 30 -01 24 -VOLT ELECTRICAL SYSTEM 1 106 30 -01 1/0 CONTROLS DINER G2A MULTIPLEX SYSTEM 1 32 1042811 ALARM BACK -UP WARNING 1 33 1400514 CUMMINS ENG, PROTECTION W /LOW COOLANT PROBE 1 38 1025881 METER HOUR 1 37 1196427 HUBODOMETER ASSEMBLY 1 36 30 -09 DAYINIGHT RUN SWITCH W /PUSH BUTTON START 1 43 1140276 TURN SIGNALS SIDE 2 - FRONT & REAR 41 1228436 LIGHT ARMORED CLEARANCE 1 39 1328251 L.E.D. - EXTERIOR LIGHTS 1 - DIALIGHT BRAND 42 1400415 REAR HIGH MOUNT COLLISION AVOIDANCE LIGHT 1 44 1400555 DAYTIME RUNNING LIGHTS 1 40 30 -10 L.E.D. - EXTERIOR STEPWELL LIGHT 4 - DIALIGHT BRAND 97 1212372 PA SYSTEM INTERNAL GOOSENECK M1C W/4 SPEAKERS 1 98 1400209 SPEAKER (1) EXTERNAL 1 ---929y - 47 1136662 UNDERCOATED AND SEALED BODY 1 46 1227552 PLYWOOD 3/4" MARINE GRADE 1 48 1227669 ZIEBART UNDERCOATING- INSIDE ALL ROLL CAGE TUBES 1 99 1138130 DRIVER BARRIER TOP & BOTTOM SECTIONS 1 49 1196435 CEILING GRABRAILS ASSY 1 50 1150630 VENT ROOF EMERGENCY EXIT 4/WAYADJ (TRANSPEC) 1 51 1400613 AUTOMOTION ROLLER BLIND - DRIVER FRT & SIDE 1 - SCISSOR TYPE 11/1512012 PAGE:2 004136 1CREACAHB SHIP: CREATIVE BUS SALES BILL: CREATIVE BUS SALES ELDORADO NATIONAL CALIFORNIA, INC. 9670 GALENA ST, RIVERSIDE, CA 92509 PRE- SHIPPER 13501 BENSON AVE. 13501 BENSON AVE. OPEN DATE: 1119!2012 W /O: 999999 STOCK #: VIN: CHINO, CA 91710 CHINO, CA 91710 SLSM: Gentry Shaw 52 1070192 WINDSHIELD WIPER KIT (INTERMITTENT) 54 1043272 MIRROR REAR VIEW INTERIOR 53 1189950 MIRROR MOTORIZED AND HEATED 100 1227057 MIRROR 12" CONVEX REAR STEPWELL 57 1227032 REMOTE TOGGLE SWITCH - DOOR ENTRY 55 1227594 DOOR OPERATOR AIR 56 1327980 DOOR VAPOR SLIDE -GLIDE 75 1328087 VAPOR 5 POSITION DOOR CONTROL 101 1328095 SENSITIVE DOOR EDGES - REAR DOOR ONLY 59 1226935 PAINT - FULL BODY (1 COLOR) 60 1153790 DELUXE PLATINUM INTERIOR Sai'ettr & Ancillary 107 1026237 SIGN ASSEMBLY "STOP REQUESTED" 102 1227008 PASSENGER SIGNAL SYSTEM PULL CORD WIDASH LIGHT 62 60 -04 STANDEE LINE YELLOW W X 38" Miscellaneous 64 99.02 CENTER REAR MUD FLAP 65 99.03 RAISED FLOOR STEP LIGHTING LED OVERHEAD LIGHT 66 99 -04 FREEDMAN CITISEAT PASSENGER SEATS PER SPECIFICATIONS & DRAWING #94520320 -168 -MAX IN STOCK LEVEL 6 MATERIAL AS REQUESTED TO D•90 SEAT BELTS ON ALL SEATS, INCLUDING CITISEAT FOLDAWAYS LEGS, CANTILEVERS & MOUNTINGS POWDER COATED CARBON STEEL GRABS ON FF SEATS (NOT REAR ROW) THERMO PLASTIC BLK 70 99 -08 DIALIGHT LED DRIVER LIGHT 71 99 -09 RICON EXTENDED WARRANTY 2YR - 100,000 MILES 76 99 -10 ENGINE CNG CUMMINS 2013 ISLG 250HP FUEL PACKAGE - 3 TANK CNG POD 77 99.11 ALTERNATOR NIEHOFF 803 - 500 AMP 78 99.12 EMP ELECTRIC FAN COOLING SYSTEM BRUSHLESS ELECT, FANS, VARIABLE SPEED, REVERSIBLE FEATURE CORROSION RESISTANT METAL SHROUD WIFINGER GUARDS 80 99 -14 FRONT SUSPENSION ELDORADO NATIONAL TRAILING ARM TAPER LEAF - 12,300 LBS, CAPACITY 81 99 -15 USSC FOGMAKER FIRE SUPPRESSION & METHANE DETECTION SYS. - WITH ADDITIONAL HORIZONTAL BULKHEAD 82 99 -16 FRONT & REAR SHOCK ABSORBERS KONI BRAND 83 99.17 REAR SUSPENSION ELDORADO NATIONAL TRAILING ARM TAPER LEAF - GROSS AXLE WEIGHT RATING 23,000 LBS. CAPACITY 84 99 -18 FRONT AXLE ASSEMBLY MERITOR MODEL MFS 13 1 -BEAM CONSTRUCTION LOAD RATING 12,000 - 13,200 LBS. CAPACITY 85 99 -19 REAR AXLE ASSEMBLY MERITOR MODEL RS 23 SERIES SINGLE REDUCTION HUB PILOTED FULL FLOATING TYPE, DRIVE AXLE LOAD RATING 23,000 LBS. CAPACITY 86 99 -20 BODYAND FRAME MEETS FMVSS 220 - SEE ATTACHED INDEPENDENT 3RD PARTY TESTING 88 99 -22 STAINLESS STEEL BATTERY COMPARTMENT 89 99 -23 LED LOW BEAM HEADLIGHTS 90 99 -24 RECARO ERGO MCII OR USSC G2 DRIVER SEAT 91 99 -25 ALTRO CHROMA 2.7M FLOOR COVERING STEP EDGES ALTRO T36TALUMINUM BRIGHT YELLOW 2112" BAND INSERTED INTO STEP EDGE 92 99.26 WHEELCHAIR RAMP RICON FOLDOVER RAMP MODEL 621R STAINLESS STEEEL CONSTRUCTION COVERED WITH ALTRO CHROMA 2.7 M FLOORING 93 99 -27 WHEEL CHAIR RESTRAINT SYSTEM Q- STRAINT 8100 -Ai DELUXE OR SURE LOK TITAN 4 FOR TWO WHEELCHAIR POSITIONS 94 99 -28 HVAC SYSTEM THERMO KING MODEL T14 REAR MOUNT R407C REFRIGERENT X430 COMPRESSOR INTELLIGAIRE III 1 1 1 1 1 1 i 1 1 EZRM -32 CHANGE ORDER # : 0 SCHEDULED SHPIDATE: 111912012 ELDORADO NATIONAL CALIFORNIA, INC. 9670 GALENA ST, RIVERSIDE, CA 92509 11/1512012 PAGE:3 PRE - SHIPPER 004136 1CREACAHB SHIP: CREATIVE BUS SALES 13501 BENSON AVE. CHINO, CA 91710 BILL: CREATIVE BUS SALES 13501 BENSON AVE. CHINO, CA 91710 OPEN DATE: 11/9/2012 W /O: 999999 STOCK #: VIN: `Jy SLSM: Gentry Shaw ' 95 99 -29 HANOVER FRONT & SIDE AMBER DESTINATION SIGNS 1 (10) YEAR WARRANTY (1) SET OF PROGRAMMING SOFTWARE & APPARATUS REQUIRED FOR UPDATING THE SIGN MESSAGES (WINDOWS COMPATIBLE) 104 99 -30 TRAINING 1 105 99 -31 WARRANTY 1 108 99 -32 CNG DEFUELING PORT 1 109 99 -33 FULL TANK OF FUEL AT TIME OF DELIVERY 1 110 99 -34 LIST OF MAJOR COMPONENT SERIAL NUMBERS 1 72 99 -99 NO FREIGHT - DEALER PICK UP 1 93 EZRM -32 CHANGE ORDER # : 0 _ SCHEDULED SHP /DATE: 11/9/2012 SPECIFICATIONS = ... ✓� -. ow - —%� 8979 r "10, The E Z Rider II BRT continues to be If Uie UCH, Uie t -/- hiaer n rani orrers DESIGNED AND BUILT IN THE USA! ®W, Up to four wheelchairs can be accommodated with ADA ramps at front, center or rear doors = total access! The available center door ramp is designed to accommodate even the 'largest electric scooters with ease. - —%� 8979 �r J i f i v j qoi 1151 =1M u OR The E Z Rider II BRT continues to be If Uie UCH, Uie t -/- hiaer n rani orrers DESIGNED AND BUILT IN THE USA! ®W, Up to four wheelchairs can be accommodated with ADA ramps at front, center or rear doors = total access! The available center door ramp is designed to accommodate even the 'largest electric scooters with ease. 30' MODEL 20 Passengers w12 Wheelchairs or 23 Passengers �t 11 - 25 Passengers w/2 Wheelchairs or 33 Passengers T' 24 Passengers w/2 Wheelchairs or 30 Passengers 32' MODEL 25 Passengers w/2 Wheelchairs or 31 Passengers 25 Passengers w/2 Wheelchairs or 33 Passengers 19 Passengers w/3 Wheelchairs or 27 Passengers 35' MODEL 30 Passengers w/2 Wheelchairs or 35 Passengers i 22 Passengers w/2 Wheelchairs or 28 Passengers 33 Passengers w12 Wheelchairs or 41 Passengers TECHNICAL SPECIFICATIONS 30'MODEL 32'MODEL 35'MODEL GVWR 35,00Ibs. 35,00lbs. 35,00Ibs. Body Length 307' 31'3" 357" Body Width 102" 102" 102" Wheelbase 160" 168" 220" Approach Angle 9. 90 9° BreakoverAngle 14° 14° 12° Departure Angle 9° 9° 90 Seating Upto33 Up to 33 Up to 41 Body Height 125' With Exhaust, 126" With Roof HVAC,136" With CNG` Interior Height 95" Over Front Axle, 78" Over Rear Axle Step Height -Front And Rear Doors 14" and 11" Kneeled Wheelchair Ramp Locations Front And /Or Center Doors Available Engines Cummins- Diesel, CNG, LNG, Allison Hybrid Electric Available Transmissions Allison - B30OR, B400R, Voith, ZF Passenger HVAC Roof Or Rear Mounted Plus Dash Mounted Drivers HVAC Front And Rear Axles ArvinMeritor Brakes S-Cam Drum W /Automatic Slack Adjusters And ,ABS Tires 27517OR 225 Front And Rear Doors Vapor Air -Slide Glide Electrical System 1/0 Controls Multiplex Version - G2A or G3 Suspension Air Suspension Front And Rear AMERICA'S BE ST BUS INVESTMENT improve our product specifications and dime At ElDorado National, we constantly +� to change without notice. L7 . n C1 • 1350103enson gkve.[Chino,!tAB1710E AS 800.326.2877rUax:E909. 465. 5529Ew ww.CreativeBusSales.com �D zo 12 El Dorado National 10.2012 Vf EllL.%C)rd` do ;asaresultall nsionsaresubject National ® California Thor Industries Cornrrnercial Bus Division AMERICA'S BE ST BUS INVESTMENT improve our product specifications and dime At ElDorado National, we constantly +� to change without notice. L7 . n C1 • 1350103enson gkve.[Chino,!tAB1710E AS 800.326.2877rUax:E909. 465. 5529Ew ww.CreativeBusSales.com �D zo 12 El Dorado National 10.2012 ITEM NO. STAFF REPORT BA "''il, TO: Honorable Mayor and Members of the City Council , HUB OF Q THE FROM: Daniel Wall, Director of Public Works j SAN GABRIEL �; DATE: March 18, 2015 p VALLEY q 10. SUBJECT: AWARD OF CONTRACT FOR INSTALLATION OF JANQP� TRAFFIC SIGNALS AT TWO INTERSECTIONS SUMMARY This item will award a construction contract to PTM General Engineering Services Inc. in the amount of $343,933, for the installation of traffic signals at the intersection of Los Angeles Street and La Rica Avenue, and at the intersection of Baldwin Park Boulevard and Ohio Street. FISCAL IMPACT This project will have no impact on the General Fund. This project will be paid for with restricted Gas Tax Funds. RECOMMENDATION Staff recommends that the City Council: 1. Award this construction contract to PTM General Engineering Services, Inc., in the amount of $343,933, and authorize the Mayor to execute said contract; and 2. Authorize the Director of Public Works to execute any necessary change orders in an aggregate amount not to exceed ten percent (10 %) of the original contract ($34,393); and 3. Authorize the Director of Finance to appropriate an additional $50,000 in Gas Tax Funds for this Project. LEGAL REVIEW None required. BACKGROUND The intersection of Los Angeles Street and La Rica Avenue, and the intersection Baldwin Park Boulevard at Ohio Street, are non - signalized. Both intersections have stop signs for traffic entering the intersection from the minor streets, while the traffic on the major streets has no traffic control. Both intersections also have existing striped school crosswalks. Due to these factors and traffic counts, both intersections met the requirements for traffic signal installation. On January 21, 2015, the City Council approved the plans and specifications for this project and authorized staff to advertise the project to obtain construction bids. On February 24, 2015, eight (8) bids were received, opened, and read publicly. A summary of the three lowest bids received is shown in Attachment 1. The low responsive bid is from PTM General Engineering Services, Inc., in the amount of $343,933. This contractor has previously installed a traffic signal in Baldwin Park, has installed similar signals in Newport Beach and Rosemead, and has performed work for Cal - Trans. This Contractor has Class A and Class C -10 Licenses and is in good standing with the State Contractors Board as shown in Attachment 2. A search of the State Contractors Board records shows no irregularities regarding this Contractor. Award a Contract for Installation of Traffic Signals March 18, 2015 ATTACHMENTS 1. Summary of Bids Received 2. Proof of State Contractors License 3. Construction Contract / Agreement ATTACHMENT 1 LOS ANGELES AT LA RICA AVE AND BALDWIN PARK BLVD AT OHIO ST TRAFFIC SIGNAL INSTALLATION IN THE CITY OF BALDWIN PARK No Contractor Total Bid Notes 1 PTM General Engineering Services, Inc. $343,933.00 Low Bidder 2 Smart Tech Group, Inc. $358,000.00 3 Elecnor Beleo $378,000.00 'heck A License - License Detail - Contractors State License Board Contractor's License Detail for License # 891265 M-1 CTdM I I!,I :V11 Page I of DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. . CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per B &P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. - Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration._ Due to workload, there may be relevant information that has not yet been entered onto. the Board's license database. Business Information P T M GENERAL ENGINEERING SERVICES INC P O BOX 7745 RIVERSIDE, CA 92513 Business Phone Number.(951) 710 -1000 Entity Corporation Issue Date 02/20/2007 Expire Date 02/28/2017 License Status his license is current and active. All information below should b -_.__ _----------- _______ a reviewed Classifications �A - GENERAL ENGINEERING CONTRACTOR C10 - ELECTRICAL C31 CONSTRUCTION ZONE TRAFFIC CONTROL C27- LANDSCAPING C32 - PARKING AND HIGHWAY IMPROVEMENT B - GENERAL BUILDING CONTRACTOR D42 -SIGN INSTALLATION C -7 - LOW VOLTAGE SYSTEMS C13-FENCING D09 - DRILLING, BLASTING AND OIL FIELD WORK HAZ - HAZARDOUS SUBSTANCES REMOVAL Certifications Bonding Information ttps:// www2. cslb. ca. gov/ OnlineServices/ CheelcLicenseII /LicenseDetail.aspx ?LieNum= 891265 3/9/201 'heck A License - License Detail = Contractors State License. Board Page 2 of This license filed a Contractor's Bond with INTERNATIONAL_ FIDELITY INSURANCE COMPANY. Bond Number: 0568087 Bond Amount: $12,500 !ccr..,.+ ;...,nom +�•an���nn�� 1 i,: -. Bond of Qualifying Individual i The Responsible Managing Officer (RMO) MC RAE ELIZABETH HERNANDEZ certified that he /she owns 10 percent or more of { the voting stock /equity of the corporation. A bond of qualifying individual is not required. Effective Date: 08/01/2011 1 BQI's Bond History j The Responsible Managing. Officer (RMO) MENDOZA BRIAN HERNANDEZ certified that he /she owns 10 percent or more of the voting stock /equity of the corporation. A bond of qualifying individual is not required. Effective Date: 04/13/2012 BQI's Bond History Workers' Compensation " n employee service group holds the workers compensation insurance. olicy N se,:RWCC48119955 ffective Date: 11/17/2014 xpire Date: 08/01/2015 orkers' Compensation History_°__...._ Other FI Personnel listed on this license (current or disassociated) are listed on other licenses. ttps: / /www2.cslb.ca. gov/ OnlineServices/ CheckLicenseII /LicenseDetail.aspx ?LicNum--891265 3/9/201 TRAFFIC SIGNAL INSTALLATION IN THE CITY OF BALDWIN PARK AGREEMENT CONTRACT TWO TRAFFIC SIGNAL INSTALLATIONS - LOS ANGELES ST AT LA RICA AND BALDWIN PARK BLVD AT OHIO ST, IN THE CITY OF BALDWIN PARK AGREEMENT THIS AGREEMENT, made and entered info this 8 tt; day of 'March 2015 by and between CITY OF BALDWIN PARK, CALIFORNIA, a general law city, hereinafter referred to as "CITY" and PTM GENERAL ENGINEERING SERVICES, INC- "CONTRACTOR.' WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. The complete Construction Contract / Agreement consists of the Contract Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. In case'of ' conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions. 2. CONTRACTOR shall perform everything required to be performed, shall provide and furnish . all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: TWO NEW TRAFFIC SIGNALS INSTALLATIONS LOS ANGELES ST AT LA RICA AND BALDWIN PARK BLVD AT ` OHIO ST (the "Work of improvement ") all in accordance with the Contract Documents and Contractor's Proposal dated 2/24/2015 CONTRACTOR agrees to perform all the work and furnisli: all the materials at his own cost and expense necessary to construct and complete in a good and workman -like manner and to the satisfaction of the City Engineer of the CITY, the Work of Improvement in accordance with the plans, specifications, and Contract Documents (the "Specifications ") therefore prepared by City's Engineering Department and adopted by the City Council. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for Work of Improvement the stipulated sum of THREE HUNDRED FOURTY THREE THOUSAND - NNE HUNDRED AND THIRTY THREE Dollars ($343,933.00 CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. this 4. CONTRACTOR agrees to commence construction of the Work of Improvement withbi ten (IS) days afte'r issuance of a Notice To Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within the time D.1 specified in the Contractor's Bid Proposal (Two Hundred 200 - calendar= days) from the commencement date stated in the Notice to Proceed. 5. Time is of essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay beyond the time herein prescribed for finishing work. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 6. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the work of improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shalt be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. 7. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, fart 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of that article. 8. CONTRACTOR, by executing this Agreement hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract," 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100°/x) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and 1f►a ........... payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. ' I I i IN WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER and CITY CLERIC of the CITY have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written. PTM Generai Eng-Ineering Services, Inc. rONT TOR BY Elizabeth H. Mendoza de McRae, President/CFO (Title) BY Brian Mendoza, Vice President/Secretary CITY OF BALDWIN PARK i Manuel Lozano, MAYOR ATTEST: APPROVED AS TO FORM: CITY CLERK 0.3 CITY ATTORNEY ITEM NO. STAFF REPORT TO: Honorable Mayor and City Council members IUB OF '� ZAEB i�FROM: Daniel Wall, P.E., Director of Public Works / City Engine R�EL y' ' DATE: March 18, 2015 ALLEY AQ �ti`' ` SUBJECT: APPROVE TRACT' MAP NO. 69638 11111/y EO JAN�P� SUMMARY This item ratifies ministerial approval of Tract Map No the City of Baldwin Park Municipal Code. 69638 pursuant to the State Subdivision Map Act and FISCAL IMPACT The approval of this Tract Map will have no impact on the City's General fund. RECOMMENDATION It is recommended that the City Council approve Tract Map No. 69638 and Authorize the Mayor to execute the attached agreement. BACKGROUND The proposed tract map is an eight (8) lot condominium subdivision. This project is located at 4152 La Rica Avenue. The project area is approximately 26,000 square feet. The owner has entered into an agreement with the City to install sewer, all off -site improvements including curb, gutter, sidewalks, and street trees along La Rica Avenue. The Planning Department has signed the map. The developer has bonded for and agreed to complete the sewer and off -site improvements before any buildings will be approved for occupancy. The attached map shows the proposed subdivision. LEGAL REVIEW Not required. ATTACHMENTS 1. Tract Map No. 69638 2. Agreement for Installation of Off -Site Improvements 25,527 SQ. F I NET) SHEET 1 OF 2 SHEETS 26,006 SQ. FT GROSS) ALL OF TENTATIVE TRACT NO. 69638 TRACT NO. 69638 IN THE CITY OF BALDWIN PARK COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 18, TOWNSHIP 1 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WIHIN THE DISTINCTIVE BORDER LINES, AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. WE ALSO HEREBY DEDICATE TO THE PUBLIC USE ALL STREETS, HIGHWAYS, AND OTHER PUBLIC WAYS SHOWN ON SAID MAP GENESIUM, LLD, A CALIFORNIA LIMITED LIABILITY COMPANY (OWNER) MANAGING MEMBER A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDETITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED.. AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA ) COUNTY OF ON BEFORE ME, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PE R WHOSE NAME($) IS /ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE /SHE/THEY EXECUTED THE SAME IN HIS/HER /THEIR AUTHOR12ED 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 SIGNATURE PRINTED NAME MY COMMISSION NUMBER: MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSNESS IS IN COUNTY. .. • • It- THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 8 UNITS, WHEREBY THE OWNERS OF THE UNITS OF AIRSPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON AREAS THAT VILE, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT. EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BY DEPUTY DATE I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF S HAS BEEN FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND SHOWN ON MAP OF TRACT NO. 69638 AS REQUIRED BY LAW. EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BY DEPUTY DATE SURVEYOR'S STATEMENT THIS MAP WAS PREPARED: BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF GENESIUM, LLC, ON MAY - 21, 2008. 1 HEREBY STATE. THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. THAT THE MONUMENTS ARE OF THE CHARACTER AND LOCATIONS SHOWN HEREON ARE IN PLACE AND THAT STUD MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. N MJ'FED J R911Et1 W 6499 ALFRED J. ThIELWEIl DATE LS 6999 EXP. DATE 9/30/2015 BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING NOO'01'30'W OF THE CENTERLINE OF LA RICA AVENUE, AS SHOWN ON TRACT NO. 51077, M.D. 1195- 75 -76. '.. CITY ENGINEER'S STATEMENT 1 HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND THAT IT CONFORMS - SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF STATE LAW AND SUBDIVISION ORDINANCES OF THE CITY OF BALDWIN PARK APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPILED WITH. DANIEL WALL, CITY ENGINEER DATE R.C.E. N0. 56356 EXP. DATE 3/31/2015 CITY SURVEYOR'S STATEMENT I HEREBY CERTIFY THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 69638, CONSISTING OF 2 SHEETS AND THAT I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT AND THAT ALL PROVISIONS OF STATE LAW AND THE SUBDIVISION MAP ACT AND OF ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. KEN PUTNAM, P.E DATE C. 11733 CITY PLANNER'S STATEMENT I HERESY STATE THAT I HAVE EXAMINED THIS MAP AND THAT ALL PROVISIONS OF APPLICABLE ZONING ORDINANCES OF THE CITY OF BALDWIN PARK HAVE BEEN COMPUED WITH. AMY L HARBIN. AICP DATED CITY PLANNER, CITY OF BALDWIN PARK CITY TREASURER'S CERTIFICATE i HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF BALDWIN PARK, TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE IN FULL, HAVE BEEN PAID IN FULL MARIA A CONTRERAS DATED CITY TREASURER. CITY OF BALDWIN PARK CITY CLERK'S CERTIFICATE THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THIS MAP IS HEREBY ACCEPTED BY THE CITY CLERK ON BEHALF OF THE CITY COUNCIL PURSUANT TO AUTHORITY CONFERRED BY RESOLUTION OF THE CITY COUNCIL ADOPTED ON 20�. AND THE GRANTEE CONSENTS LE TO THE RECORDATION THEREOF BY THE CITY CRK. ALEJANDRA AVILA CHIEF DEPUTY CITY CLERK CITY OF BALDWIN PARK DATED LCAL E_ 1 40' z� PALM �A`JENU £ 50' 2S' C3j v 63 m 12 I. 25' IN THE CITY OF BALDWN PARK COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LEGEND: INDICATES THE BOUNDARY OF THE LAND BEING SUM14DED BY THIS MAP. QA LA RICA AVENUE DEDICATED TO THE CITY OF BALDWN PARK HEREON ( ) INDICATES RECORD DATA PER TRACT NO. 50367. RECORDED IN M.B. 1194 -95 -96 ( ] IN0I CATES RECORD DATA PEP, TRACT NO. 40109, RECORDED IN M.6. 1030 -77 INDICATCS RECORD DATA PER TRACT NO. 51077, RCCORDED IN M_9. 1195 -75 -76 0 INDICATE SET L &T TAGGED LS 6999. SHEET 2 OF 2 SHEETS M. S &W RCE 16118, FLUSH. PER TR. N0, 51077, N.B. 1195- 75-75. ACCEPTED AS NE COR., SEC. t& PS, R10W, S.B.M. PER SAID TRACT NO. 51077. LOS ANGELES STREET eu _I �d E0. NOTHING. ESTAB. BY REC. DIST. ((540.33') "I ED. S&W, FLUSH. 1S 6924 PER TRACT NO. 51077, AT THE POSITION OF S&W M.B. 1195 - 75-76. FD. S &W LS 7017 ACCEPTED AS A BEG7NNIN0 POINT OF RCE 30625 PER TRACT 1540' NEST AND 660. SOUTH FROM PER LA. G0. PWFB -N0. 51077. M.8. 1195- 75 -76, 1429 PACE 740 & 749.. ACCEPTED AS GL INTERSECTION. THE NE COR. OF SEC. 18, TS, ACCPTED AS C.L Q RtOW, S.B.M. PER SAID TRACT - INTERSECTION. CLARK STREET 9s6s6 S89.57•28•W - 11986.s73 641.76- £641.723 _ A _ - 1344.87 11344.55'1 446.23• 195,SY 1195.483 ! n r & 1540.33' (1540.33'1 _ Ses3rze•w _ _ _ - _ -- _ - - - - - - - u 356.7s' 1566.723 „ _ _._ FO. Go S&W, 1 ..-. 42123• - - _ _ _ - 145.52' , S -!4 CO. PMfB 1429 PACE 622 & 50' - 623. ACCEPTED AS CL INTERSECTION. > (_ NOT A PART OF THIS SUDDIVISION Li J I €Q' m ! H. I FD. S&W, LS 4025 PFR S'LY LINE OF TRACT NO. 40109, M.8. 1030 -77. 0 (0 LA. CO. PWFB 1429 ESTAS. BY ,ECORO q5T. (50.00') FROM 10 AVE PAGES 67B & 619. I PER TR NO. 5'.077. M.B. 1195 - 75--76 7HRCiif+iFD. I ACCEPTED AS C.I.. MON. ACCEPTED AS MLY ONES OF INST. NO. 80- 573658 INTERSECTION. i REC. 6 -13 -1980, AND INST. 06- 1804040 REC. I PALM e- 14-06, BOTH O.R. PER SAID DEEDS. I �^[�. VG 1 nnn A NUE N8958'19'E 641. +7 (641.303- 1641.583.[641.30'] l i p uN FD. S&W, LS 4025 PER I' Sly UNE of INS . 06- 1904040 NOT A PART I �LA. CO. PWFB 1429 g REC. 8 -14-06 D.R. ESTAB. BY RECORD OF THIS $ PAGES 618 & 619. $. �qST. (50.00') AND PARALLEL TO SUBDIVISION ( ACCEPTED AS A PC N•LY DNE PER SAID DEED. ACCEPTED n I PARK AVENUE�WN I ._ N88'58,9'E AS N'LY UNE OF MST. 84- 724520. O.R. 421.10' t �+� I Q m It S'LY UNE OF INST. NO. 84-724520. RED, 6 -1 -64, O.R. NOT A PART I 25' ,9 ESTAR BY RECORD 01ST. (SQ.DO') AND PARAJIEL TO OF THIS MLY UNE PER SAID DEED. ACCEPTED AS N1Y LME SUBDM510N I �' INS,, N0. 20130943806 REC 06.-25 -2013 O.ft. �+ _ �' u a f N8859'19 'E _ _ _I $imp a I R 421.09' :. 316.09' 4.O7, . 1 288.09 '150.00' NWLY CDR. OF PCL 1-3. ~hy INST. NO. 794. REC 6 -15 -65 A BSTAB. 8Y INiEASEC00.N. K y L2 SET L&T TACG'ED LS 6999. 6 w O McB'SB Sl "E tOS38' N8959577 f-liiNOT A PART. 5 i u 26' WIDE PRIVATE DRIVEWAY AND FIRE LANE SUBDIVISION w I IOB.�B'WLY UNE OF INST NO. 794. 25,527 SQ. FT (NET) l REO 8ESTAB. BY 26,006 SO. FT (GROSS) SAID 0 ®. r 446.07' (445.99) I (145:233 I 1 1.60 i t t4531' ! 50.00' 07 50 _ 566.38' yr.___- �. N89'59'S7E 27 5' N'LY UNE AND. ITS. E'LY PROLONGATION OF 647.38 gp• TRACT N0. 5036], M.B 1194 -94-9& ESTAB BY RECORD DIST (195.86-N FROM o SLY UN OF TRACT NO. 40109. M.B. 1030 -77 AND ® PERPENDICULAR lO WLY UNE OF BAIDWIN PARK THE SW COR. OF PARCEL THE BEGINNING I p NTH BWLEVARD. ACCEPTED AS S'LY UNE OF N5T N0. 1 -3 OF INST. NO. 794 POINT OF 7540' W. & 1 4493 REC. 8-16 -1976 O.R. AND INST. NO. 794 ECOkDED 6 -15 -7965. ESTOP. BY 6 ' DIST 477 S FROM RE ..... - .. v�Q REC. 965 O.R. PER SAID 7R N0, 50 (150A7) PER SAID DEED. Cqi. SEQ 18 OF PARCEL 1 -3 OF MST. Z 1 TEU A ACCEPTED S'LY LME OF MST N0. 20130943866, B43 EEC. 06-23 O.R. TAGGED IS 8999 NO. 794 REC. SS S _ -2MS. ON OP ON TOP OF D. 6' HIGH FROM GROUND. 6-15-1965. RAC . AS TRACT. NO. 67 ND. 50367, M.B. Q 119h94 -98. ESTAB. pD PER BY TRACT. SAID TRACT. W 'yd 1 CURVE TABLE UNC TABLE T ESTAB. EC. OF CURVE OF THE CL DF LA RICA AVE BY FD. MONS. CURVE RADIUS LENGTH DELTA LINE SEMNC LENGTH ` PER CITY TIE NO. 21. Cl 1.07 1.14 65'21 50" N75V0'03'E 13.86' Cl L2 58959'STE 23.83' i L3 N7 +59'5TW 13.86' L4 N8959'S7 "W 16.98' FD: L &T, RCE 147ss. PER FL 11E SURVEY 1 L5 N65-21'53 "E 7.20' Na 2os. L6 N65- 21 -53 -E 6.57' 1 L7 N00'00'03"E 1.94 AGREEMENT THIS AGREEMENT, made and entered into thisk�--'-�dav of Y1 20� by and between the CITY OF BALDWIN PARK, a Municipal Corporation, (hereinafter 'CITY"), in the County of Los Angeles, State of,Califomia and stiff Z, (hereinafter "Subdivider'). WITNESSETH The parties hereto do agree as follows: FIRST: That the Subdivider, for and in consideration. of approval by City of Baldwin Park and acceptance of any streets, e s ents or other property, offered for 2'2--diGation pursuant to the approval of said —map, hereby agrees at this sole cost and expense, to furnish all equipment, material and labor necessary to per-form and complete within twelve (12) months from the date hereof, in a good and. workmanlike manner, the following work and improvements, to wit: -VtL i 16 H A1,J1+C1 L�, A (hereinafter 'improvements") and to pay for all materials, provisions, or other supplies used in, upon, for or about the performance of the Work contracted to be done, and for any Work and labor done thereon of any kind_ Said improvements shall be accomplished in conformity with applicable provisions of the Baldwin Park Municipal Code, the plans, profiles, and specifications filed in the office of the Director of Public Works, under the supervision of, and to the satisfaction of the Director of Public Works- Said improvements, shall not be deemed Complete until approved and accepted by the City. The estimated cost of .said work and improvements_ is the sum of $ 51 tx-2 SECOND: That Subdivider shall hold City, its officers, employees and agents free and harmless from any claim, demand or judgement arising out of Subdivider's performance pursuant to this Agreement. THIRD: That it is further agreed that said Subdivider will at all times prior to the acceptance of said improvements by said City, give good and adequate warning to the traveling public of each and every dangerous condition caused by construction of said improvements, and will take the steps necessary to protect the traveling public from such defective or dangerous conditions. That it is understood and agreed that until the acceptance of ail the improvements to be constructed, each of said streets offered for dedication shall be under the charge of said Subdivider for the purposes of this Agreement and said Subdivider may close all or a portion of any street whenever it is necessary to protect the traveling public during the construction of the improvements herein agreed to be constructed. The Subdivider hereby agrees to pay all costs for such inspection of streets as may be established by Resolution of the City Council. FOURTH: It is further agreed that said Subdivider has filed with the City -a cash 1 1, < deposit, surety bonds, or instruments of credit, in the sum of $ and $ Z- being respectively 100% of the estimated cost of said improvements, as a guarantee for faithful performance pursuant to this Agreement and 50% of the I estimated cost of said improvements for securing payment to the contractor, his subcontractors, and to persons furnishing labor, material and/or equipment to them for the performance of said improvements. If the Subdivider shall well and truly do and perform all of the covenants and obligations of this Agreement on his -part to be done and performed, at the times and manner specified herein, then the said faithful performance security shall be released; �i' I otherwise the City shall have the right to move against said secun .y ir, such mannair as it deems lawful and appropriate and shall cause such covenants and obligations to be performed using such security. Any faithful performance security in the form of a cash deposit or instrument of credit may be released in increments of no less than $1,DOD upon partial compliance with the covenants and obligations of this Agreement as determined by the Director of Public Works and upon receipt of such a request, in writing, from the Subdivider. The security payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after completion and acceptance of work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing, and if no such actions have been filed, the security may be released in full. FIFTH: Should the Subdivider default in his obligation to construct such improvements, he further agrees to reimburse the City for the full and actual cost of such improvements and the payment of all bills for labor and material, should it exceed the amount of the security. Should litigatic-)n'be reasonably necessary to collect such sum, 3 the Subdivider agrees to pay reasonable attorney's fees and court costs thereof. Should there be an excess of funds from the security after, such construction ,is accomplished, the same shall be returned to the Subdivider. SIXTH: It is further agreed by and between the parties hereto, that in the event It is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension- shall be requested in writing and may be granted by the City, which shall in no way affect the validity of this Agreement. IN WITNESS WHEREOF, the parties hereto have affixed their names on the date above first written. SUBDIVIDER CITY OF�BAt_DWIN PARK ' L -c" By Name of Business Mayor BY Title rd ITEM NO. 04 eP 0" 1, TO: Honorable Mayor and City Councilmembers a, HUB OF THE FROM: Daniel Wall, P.E., Director of Public Works / City Engineer f SAN GABRIEL tia DATE: March 18, 2015 <1 VALLEY X01 �gQRgT�n JANORyry� SUBJECT: Introduce Ordinance No. 1.373 An Ordinance Amending Title IX of the City of Baldwin Park Municipal Code to Establish a Street Cut Moratorium on Newly Improved Streets SUMMARY This ordinance will amend the Municipal Code to prohibit non - emergency street cuts on newly paved, reconstructed or otherwise improved streets in order to preserve the integrity and extend the life of the City streets. FISCAL IMPACT The approval of this item will not impact the City's General Fund. The proposed moratorium will increase the lifespan of newly improved streets and may over a period of decades result in longer pavement life thereby reducing restricted fund expenditures for paving. RECOMMENDATION It is recommended that the City Council introduce by first reading its title only, Ordinance No. 1373 — "An Ordinance amending Title IX of the City of Baldwin Park Municipal Code to Establish a Street Cut Moratorium on Newly Paved streets ". BACKGROUND Too often, streets are newly paved only to be cut into so that work can be performed on water, gas, sewer, or telecommunication lines buried underneath. When utilities excavate holes in streets, the road surface is weakened and the life of the pavement is shortened. These excavations or street cuts are familiar to motorists as the holes that get covered with metal plates and then refilled and repaved. Even after being repaved, these street cuts result in bumps or potholes in an otherwise smooth street. The City Council at the February 18, 2015, meeting authorized $3.5 million for paving projects throughout the City. Without the street cut moratorium there is nothing to stop a utility company from coming in and digging up a street right after it has been paved. This moratorium will not allow non — emergency street cuts in streets or alleys that have been reconstructed, overlaid, or sealed for a period of five years from the date of completion. LEGAL REVIEW This Item has been reviewed by the City Attorney ALTERNATIVES The City Council could choose continue without a street cut moratorium, or it could amend the length of time for the moratorium at its discretion. Attachment A. Ordinance No. 1373 ORDINANCE NO. 1.373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE IX, CHAPTER 97, BY ADDING SECTION 97.023, "STREET CUT MORATORIUM" TO THE CITY OF BALDWIN PARK MUNICIPAL CODE TO ESTABLISH A STREET CUT MORATORIUM ON NEWLY PAVED STREETS WHEREAS, Pursuant to the California Constitution, Article XI, section 7, The City of Baldwin Park may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general law; WHEREAS, Article XI, section 9 of the California Constitution proscribes that corporations which establish and operate works for supplying light, water, power, heat, transportation or means of communication, to residents of a municipal corporation shall establish and operate such services upon conditions and under regulations that municipal corporation may prescribe under its law; and WHEREAS, the California Constitution grants the City the right to adopt reasonable regulations regarding its right -of -ways, which reasonable regulations would include the establishment of a street cut moratorium. NOW THEREFORE, The City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Title IX, Chapter 97 of the City of Baldwin Park Municipal Code is amended to add §97.023 to adopt a street cut moratorium on newly improved streets, to read as follows: " §97.023 STREET CUT MORATORIUM For streets, alleys, and public places that were reconstructed, overlaid, or sealed, the following shall apply: 1. No non - emergency street cuts will be permitted for a period of five (5) years from the date of completion of the reconstruction, overlay, or seal. 2. In the case of an emergency or where street cuts have been authorized by the Director of Public Works / City Engineer within five (5) years following the completion of the reconstruction, overlay, or seal the following shall apply: the Permittee will be required to grind and one and one -half (1 -1/2) inches of existing asphalt, curb to curb and repave the surface for a distance of at least twenty -five (25) feet (for a traverse street cut) and up to one (1) lane width (for a longitudinal street cut) beyond each side of the trench using a properly licensed contractor. 3. Emergencies (exceptions) are defined as follows: a. An emergency that endangers life or property. b. Interruption of essential utility service. c. Work that is mandated by the city, state, of federal legislature. d. Service for buildings where no other reasonable means of providing service exists." SECTION 2. If any provision of this Code is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect remaining provisions of this Code are declared to be severable SECTION 3. This Ordinance shall become effective thirty days after final adoption by a vote of the City Council. SECTION 4. The City Clerk shall certify to the passage of this Ordiinance and have it published and /or posted in accordance with state and local law. PASSED, APPROVED, AND ADOPTED this day of , 2015. APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on March 18, 2015. That thereafter said Ordinance No. 1363 was duly approved and adopted at a regular meeting of the City Council on April 1, 2015 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 2 3= ITEM NO. TO: Honorable Mayor and City Councilmembers FROM: Shannon Yauchzee, Chief Executive Officer DATE: March 18, 2015 b SUBJECT: ADOPT RESOLUTION TO APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BALDWIN PARK AND BALDWIN PARK POLICE OFFICERS ASSOCIATION SUMMARY Adopt a Resolution approving a Memorandum of Understanding (MOU) between the City of Baldwin Park and I he Baldwin Park Police Officers' Association. FISCAL IMPACT The MOU with Baldwin Park Police Officers Association is structured where it is implemented over the three year duration starting July 1, 2014. For the current budget year it will cost only an additional $201,682 because only a small portion of the contract becomes effective. When the three years of COLA adjustments and all of the additional pay components in the contract have been implemented the annual additional cost to the General Fund for just the POA will be $1,245,632. This will occur during Fiscal Year 2017/18 and does not include possible COLA increases in years four and five as it will be the beginning of a new contract period. The total additional costs to the General Fund over a five year period will be $4,550,249. In addition to this there are also the costs for new agreements with the Police Management Association, the SEIU, the CEA and the urirepresented department heads and managers that will have to be added.. The five year total costs also do not reflect any COLA increases in years four and five as that will be the first two years of a new contract. RECOMMENDATION It is recommended that the City Council approve the MOU with the Baldwin Park Police Officers Association as was directed with the proposal agreement on January 28, 2015. BACKGROUND Per the City Council's direction, staff has met and conferred with representatives of the Baldwin Park Police Officer's Association. As approved by City Council, the negotiation process has now been concluded and a majority of the members of the subject bargaining group have ratified the proposed changes in the Memorandum of Understanding for their unit. Upon adoption of Resolution 2015 -054, the MOU will implement the terms and conditions of employment through and including June 30, 2017 as negotiated with the Association. The following are the significant changes to the City's current agreement with BPPOA in the proposed MOU: • Will take effect retro- active to July 1, 2014 and shall remain in effect through June 30, 2017 • Base Salary Increases 0 1% retro to July 1, 2014 0 2% retro to January 1, 2015 0 2% effective the first pay period following July 1, 2015 0 2% effective the first pay period following July 1, 2016 Resolution 2015 -054 Memorandum of Understanding Baldwin Park Police Officers Association • CalPERS Member contribution: • Sworn employees agree to pay 9% of the member contribution in exchange for an offset wage increase of an equivalent amount. • Non -sworn employees agree to pay the additional 5% for a total of 8% of the member contribution in exchange for an offset wage increase of the additional amount. • Effective July 1, 2016 Sworn employees will receive a longevity pay as follows: 0 10 -14 years of full -time service: $210 /month 0 15 -19 year of full -time service: $420 /month 0 20 -24 years of full -time service: $630 /month 0 25 + years of full -time service: $914 /month • Effective July 1, 2015 the City shall contribute a total of 3% of each non -sworn employee's unadjusted base salary into a City sponsored deferred compensation plan • Effective January 1, 2015 The City will increase the special assignment pay from $150 /monthly to $350 /monthly and include SWAT /CNT to special assignment. • Effective January 1, 2015 the City will provide dispatchers who serve as training officers, who have worked for the city at least ten (10) years, a monthly incentive of $350 per month • Effective July 1, 2015 the City separate the Education and the POST incentive and will increase the POST Certificate Pay to: • Intermediate POST Certificate: $350 /monthly • Advanced POST: $700 /monthly • Supervisory POST: $1,050 /monthly • Effective June 30, 2017 the City will increase the Education Incentive to: • AA /AS Degree: $210 monthly • BA /BS Degree: $420 monthly • Graduate Degree: $640 monthly • Effective July 1, 2015 non -sworn personnel will be included in the uniform credit program and receive an annual allotment of $500.00. The sworn personnel will increase their annual uniform allowance to $900. • Effective upon ratification the City will increase the compensatory cap to 200 hours • Effective July 1, 2015 the City will file a resolution with CalPERS to change the PEMCHA minimum and set up a vesting schedule for any employee hired on or after July 1, 2015. Current retirees and current employees will enjoy the same benefit as currently in place with CalPERS. ALTERNATIVES Council could provide staff alternative or direct to negotiate further. This would likely require the item to be held over and discussed again in closed session. LEGAL REVIEW The Resolution has been reviewed and approved by the City Attorney as to legal form and content. Legal drafting of the Memorandum of Understanding was by special counsel. ATTACHMENTS #1: Resolution 2015 -054 with attached Memorandum of Understanding RESOLUTION NO. 2015-054 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Baldwin Park Police Association to make equitable adjustments to wages and other terms and conditions of employment, and WHEREAS, a Memorandum of Understanding prepared by said representatives has been presented to the City Council for ratification, and WHEREAS, a majority of the unit members from this group voted to approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin Park's Chief Executive Officer and Human Resources Manager to sign the "Memorandum of Understanding between the Baldwin Park Police Association and the City of Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the Baldwin Park Police Association is hereby effective for the period of July 1, 2014 through June 30, 2017. SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption • this Resolutil ,?nd shall forward a certified copy hereof to each Department Head and the Humew Resources Manager. I Manuel Lozano Mayor Baldwin Park Police Association MOU STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, Alejandra Avila, City Clerk • the City • Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 1 8th day of March, 2015 by the following vote: Alejandra Avila, City Clerk ATTACHMENT A "mm"Immi k-W. a,, msW � I I r*MfDYdI III L'PATA I IN WS IN ['NWIj I and the City • Baldwin Park • 4 DINTI I Lim I MIMI I CEO a This Memorandum • Understanding has been prepared pursuant to el Government Code Sections 3500 through 3510 as amended, which is generally .eferred to as the Meyers-Milias- Brown Act. This Memorandum of Understanding has been developed as a result of the requests of the Baldwin Park Police Association. This Memorandum of Understanding is subject to the approval of the City Council of the City of Baldwin Park and will be placed into effect upon the adoption of the necessary ordinances s and and resolutions by the City Council, if acceptable to them, in accordance with the terms and conditions hereinafter set forth. The parties agree that the provisions contained herein shall be subject to all applicable laws and cover the period of July 1, 2014 through June 30, 2017, unless otherwise provided. The effective date of changes in all matters within the scope of representation set forth herein, are as specified in the particular MOU sections. 0 The City hereby recognizes the Baldwin Park Police Association, as the representative of the employee's representation unit consisting of the classifications set forth in the appropriate salary schedules. Management Rights All management rights and functions except those, which are clearly and expressly limited in this Memorandum of Understanding, shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to: 1. Manage the City. 2. Schedule working hours. 3. Establish, modify or change work schedules or standards. 4. Institute changes in procedures. 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee. 6. Determine the location of any new facilities, buildings, departments, divisions, or sub-divisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions or subdivisions thereof. 7. Determine services to be rendered. 8. Determine the layout of buildings and equipment and materials to be used therein. 9. Determine processes, techniques, methods, and means of performing work. 10. Determine the size, character and use of inventories. 11. Determine a financial policy including an accounting procedure. 12. Determine the administrative organization of the system. 13. Determine selection, promotion or transfer of employees. 14. Determine the size and characteristics of the work force. 15. Determine the allocation and assignment of work to employees. 16. Determine policy affecting the selection of new employees. 17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required. 18. Determine administration of discipline. 19. Determine control and use of City property, materials and equipment. 20. Schedule work periods and determine the number and duration of work periods. 21. Establish, modify, eliminate or enforce rules and regulations. 22. Place work with outside firms. 23. Determine the kinds and numbers of personnel necessary. 0 24. Determine the methods and means by which such operations are to be conducted. 25. Require employees, where necessary, to take in-service training courses during working hours. 26. Determine duties to be included in any job classification. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any necessary action to carry out the mission of the City in cases of an emergency. 29. Prescribe a uniform dress to be worn by designated employees. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the City, the adoption of policies, rules, regulations and practices in -1 furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this contract, and then only to the extent such specific and express terms are in conformance with law. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above-described rights is not subject to the grievance provision unless such dispute is otherwise grievable under another Article of this agreement. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon request by the Association, regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding or in the Personnel Rules and/or Salary Resolutions. Savings Clause This Memorandum of Understanding and Personnel Rules are subject to all applicable Federal, State and City laws, ordinances, resolutions and any lawful rules and regulations enacted by the City Council. If any part or provision of this Memorandum of Understanding or Personnel Rules is in conflict or inconsistent with such applicable provisions of Federal, State or City laws, ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding or Personnel Rules shall not be affected thereby. The parties shall enter the Meet and Confer process immediately for the purpose of arriving at a mutually satisfactory replacement of such part or provision. FORTIONVINIMENIM Apart from and in addition to existing legal restrictions upon work stoppages, Q the Association hereby agrees that neither it nor its officers, agents or representatives shall incite, encourage, or participate in any strike, walkout, slow-down, speed-up, sick-out, or other work action for any cause or dispute whatsoever, either with the City or with any other person or organization, including compliance with the request of other labor organizations to engage in such activities. In the event of work stoppage as enumerated above, the Association, its officers, agents and representatives shall do everything within their power to end or avert the same. Violation hereof will subject violator to legal and equitable judicial relief. Any employee engaged in or assisting any work stoppage as enumerated above, or refusing to perform duly assigned services in violation of this Article, shall be subject to discipline up to and including termination. It is understood that violation of this Article by the Association will warrant the withdrawal of any rights, privileges or services provided for in this Agreement and/or legal action by the City for redress and/or damages. It is understood that the City may not withdraw recognition of the Association under this Article. Maintenance of Existing Benefits Except as provided herein, there shall be no change in wages, hours, or economic benefits presently enjoyed by affected employees by virtue of entering into this Memorandum of Understanding. Full Understanding, Modification, and Waiver It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Except as specifically provided herein, it is agreed and understood that both parties voluntarily and unqualifiedly waive their right, and agree that the other party shall not be required to negotiate with respect to any subject or matter covered herein during the term of this Agreement. Nothing contained herein shall preclude the parties from mutually agreeing to meet and confer regarding any issue arising during the term of this Agreement. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this Agreement by either party E shall not constitute a precedent in the future enforcement of all its terms and provisions. Eligibility to receive any retroactive salary payment(s) or other retroactive compensation provided for in this Section 2 or in any section of this Memorandum of Understanding shall be conditioned upon the affected unit member being employed by the City on the date that the retroactive payment is distributed. Said requirement is consistent with the agreement and understanding of the parties that any and all retroactive payments provided for herein are not intended as compensation for past services rendered. Adoption of a Seven Step Compensation Plan Effective July 4, 2004 a Seven Step Compensation Plan (5% between steps) shall be adopted by the City Council and made a part hereof, and will be on file with the Personnel/Risk Manager or designated representative(s). Employees who receive a minimum overall performance rating of Competent up to a maximum overall performance rating of Superior shall be eligible to receive a one (1) step advancement within their classification. Salary - Sworn Employees The unadjusted (the salary rate set forth in the City salary matrices — the rates without adjustment for bonuses or any other benefits) base salary rates for classifications designated, as Sworn Employees shall be increased as follows: 1 % effective the first payroll period commencing on or after July 1, 2014 2% effective the first payroll period commencing on or after January 1, 2015 2% effective the first payroll period commencing on or after July 1, 2015 2% effective the first payroll period commencing on or after July 1, 2016 In addition, City shall increase each employee's salary on July 1, 2015 by an amount equal to 9% of the employee's base salary in order to offset each employee's 9% of base salary amount contributed to CalPERS ("CaIPERS offset). Each of the foregoing percentage increases to the base salary and the CalPERS offset for each pay step for each sworn employee job title on the effective dates described above are set forth in the schedule attached hereto as Exhibit 1. Longevity Pay — Sworn Employees Commencing on July 1, 2016, City shall pay each sworn employee a monthly longevity payment based upon the employee's years of full time law enforcement 0 service to the City in the amount that corresponds to the employee's years of full time service, as set forth below: a) 10 - 14 years of full time service shall entitle employee to $210 per month; or b) 15 — 19 years of full time service shall entitle employee to $420 per month; or c) 20 — 24 years of full time service shall entitle employee to $630 per month. d) 25 or more years of full time service shall entitle employee to $914 per month. A sworn employee may earn a longevity payment in the amount commensurate with the employee's completed years of full time service as set forth above provided that the employee shall not be entitled to collect more than one longevity payment at any one time. An employee's longevity payment shall not increase the employee's unadjusted base salary. Instead, the longevity payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary including the one effective on July 1, 2016. Salary - Non-sworn Employee The unadjusted (the salary rate set forth in the City salary matrices — the rates without adjustment for bonuses or any other benefits) base salary rates for classifications designated, as Non-sworn Employees shall be increased as follows: 1 % effective the first payroll period commencing on or after July 1, 2014 2% effective the first payroll period commencing on or after January 1, 2015 2% effective the first payroll period commencing on or after July 1, 2015 2% effective the first payroll period commencing on or after July 1, 2016 In addition, City shall increase each employee's salary on July 1, 2015 by an amount equal to 5% of the employee's base salary in order to offset each employee's 5% of base salary amount contributed to CaIPERS. Each of the foregoing percentage increases to the base salary and the CaIPERS offset for each pay step for each non-sworn employee job title on the effective dates described above are set forth in the schedule attached hereto as Exhibit 1. Non-Sworn Employees One-Time Payment In consideration for the Association agreements as set forth below dismissing pending litigation/ grievance, and for maintaining the non-sworn employee health insurance premium at an amount not to exceed $950.00 monthly, effective the first payroll period commencing on or after City Council adoption of the 2007-2008 MOU, each non- sworn unit member was provided a one-time $800.00 gross distribution. Said distribution was made in single check and reported to the IRS/Franchise Tax Board by means of a Form 1099 and/or any counterpart State form. Accordingly, withholdings 0 shall not be deducted from the gross amount. Each recipient of the distribution shall therefore be individually responsible for reporting said earnings as taxable income. In accord with statutory requirements, said distribution SHALL NOT be reported to PERS as compensation. Salary Re-opener Clause The City retains the right to reopen the meet and confer process for the purpose of salary issues only, should the Federal government, State government or County government change and/or divert revenues that would cause the City's unrestricted revenues to fall significantly below the City's stated projected unrestricted revenues and impact the overall ability of the City to maintain service levels at the then current level. • I s111111 Pill iiiiiiiii 11��1111 1111111111 r 1�1 Health Benefits/ Cafeteria Plan SWORN For each employee enrolled in the City's CalPERS medical plan, the City will contribute the minimum employer contribution to CalPERS as is required by Government Code section 22892 ($122.00 per month for calendar year 2015). Employees may opt-out of enrollment in the City's CalPERS medical plan only upon proof of enrollment in another group health insurance plan. An opt-out is not available for employees enrolled in an individual health insurance plan. In addition, the City will contribute to each employee's cafeteria plan a sum equal to $1200 per month minus the monthly City contribution to CalPERS as the minimum employer contribution required by Government Code section 22892. Employees may use cafeteria funds for any of the following options: 1. Premium cost for enrollment in City provided health insurance plan for self, two (2) party, or family coverage 2. Premium cost for enrollment in a City provided dental plan for self, two (2) party, or family coverage. 3. Premium cost for enrollment in a City provided vision care plan 4. Election to receive funds in cash, which will be treated as taxable income. 5. Any combination of the foregoing options NON-SWORN For each employee enrolled in the City's CalPERS medical plan, the City will contribute the minimum employer contribution to CalPERS as is required by Government Code section 22892 ($122.00 per month for calendar year 2015). Employees may opt-out of enrollment in the City's CalPERS medical plan only upon proof of enrollment in another group health insurance plan. An opt-out is not available for employees enrolled in an individual health insurance plan. In addition, the City will contribute to each employee's F9 cafeteria plan a sum equal to $950 per month minus the monthly City contribution to CaIPERS as the minimum employer contribution required by Government Code section 22892. Employees may use cafeteria funds for any of the following options: 1. Premium cost for enrollment in City provided health insurance plan for self, two (2) party, or family coverage 2. Premium cost for enrollment in a City provided dental plan for self, two (2) party, or family coverage. 3. Premium cost for enrollment in a City provided vision care plan 4. Election to receive funds in cash, which will be treated as taxable income. 5. Any combination of the foregoing options Retiree lHealth Benefit Plan for Employees -Hired Before JuIV 1, 2-015 The City Council shall adopt and file an appropriate resolution with the Board of Administration of the Public Employees Retirement System (CaIPERS) whereby the City will elect to obtain a postretirement health benefit plan for employees who are members of this bargaining unit before July 1, 2015, as the sole and exclusive health benefit plan for such employees who retire, with the intent to provide coverage to said employees after the resolution is approved by CaIPERS and a contract for a health benefit plan between the City and CaIPERS is approved by the parties. For all employees hired prior to July 1, 2015, if upon retirement the employee enrolls in the City's CaIPERS medical care plan, the City will pay the minimum employer contribution to CaIPERS that is required by Government Code Section 22892. In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892 and the premium cost for retiree-only coverage in the retiree's chosen medical plan. Retiree Health Benefit Plan for Employees Hired On or After July 1, 2015 The City Council shall adopt and file an appropriate resolution with the Board of Administration of the Public Employees Retirement System (CaIPERS) whereby the City will elect to obtain a postretirement health benefit plan for all employees who become members of this bargaining unit on or after July 1, 2015, as the sole and exclusive health benefit plan for such employees who retire, with the intent to provide coverage to said employees after the resolution is approved by CaIPERS and a contract for a health benefit plan between the City and CaIPERS is approved by the parties. For all employees hired on or after July 1, 2015, if upon retirement the employee enrolls in the City's CaIPERS medical care plan, the City will pay the minimum employer contribution to CaIPERS that is required by Government Code section 22892. In addition the City will make a contribution to the retiree's individual health reimbursement account, or similar reimbursement plan, based upon the employee's years of service to the City as follows: 1.01 Credited Years of Service Percentage of Amount 5 years or less: 0% of the premium cost for retiree-only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS 6 to 10 full years of service: 20% of the premium cost for retiree-only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS 11 to 15 full years of service: 40% of the premium cost for retiree-only coverage in the retiree's chosen medical plan less the City's minimum employer contribution to CalPERS 16 to 20 full years of service: 60% of the premium cost for retiree-only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS 21 to 25 full years of service: 80% of the premium cost for retiree-only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS 26 full years of service: 100% of the premium cost for retiree-only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS For employees that retire on Industrial Disability before age 57, the employee will be treated as having served for the number of years of his or her actual service to the City plus the number of additional years he or she would have served at age 57. OMMMM The City will provide a vision plan to all affected employees, effective May 1, 1993, and will contribute up to a maximum premium cost of $32.12 per month. If the premium exceeds this amount, then the employee shall be responsible to pay the difference in excess of $32.12. Life Insurance Effective January 1, 2009 • as soon as reasonably possible thereafter, the City will fund term life insurance in the face amount of $50,000.00. A Dental Plan Enhancement Effective May 1, 1993, the City will provide for the dental plan enhancement of orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan. The City will pay for the additional cost for this enhancement. Those affected individuals currently enrolled in the "Pre- paid Plan Choice" presently receive this benefit. The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Personnel Services Office. Effective May 1, 1993, affected employees will he 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 and Deferred Compensation - Non-sworn 0 n July 1, 2005, the City amended the City's contract with the Public Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous Employees and to incorporate employee shared participation towards the contributions of said retirement benefit. The employee's shared participation of contributions shall be implemented as follows: Since July 1, 2006 — Employees pay 5% and the City pays 1.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. On July 1, 2015, City shall offset each employees 5% of base salary amount that each employee pays as his or her CalPERS contribution by increasing each employee's base salary by an amount equal to each employee's 5% CalPERS contribution ("CalPERS offset") provided that the effective date of the CalPERS offset shall occur when CalPERS approves or implements the CalPERS offset. The forgoing CalPERS offsets to the base salary for each pay step for each non-sworn employee job title are set forth in the schedule attached hereto as Exhibit 2. All such employee contributions shall be deposited in the member's retirement account. Effective June 30, 2004, the City shall contribute 1% of each non-sworn employee's unadjusted bi-weekly base salary into a City sponsored deferred compensation plan. Commencing on July 1, 2015, the City shall increase this contribution from 1 % to 3%. Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS to provide for Level V of the 1959 Survivor's Benefit, conditioned upon said amendment resulting Hi in no increased CalPERS City contribution rate or other CalPERS cost and/or no decrease in the City's CalPERS account value. Retirement - Sworn The Employee will pay 100% of the employee's nine percent (9%) contribution to the P.E.R.S. retirement program and provide retirement benefits at the 3% at 50 formula as currently specified under the City's contract with the Public Employees' Retirement System. All such employee contributions shall be deposited in the member's retirement account. On July 1, 2015, City shall offset each employee's 9% of base salary amount that each employee pays as his or her CalPERS contribution by increasing each employee's base salary by an amount equal to each employee's 9% CalPERS contribution ("CalPERS offset") provided that the effective date of the offset shall occur when CalPERS approves or implements the offset. The forgoing CalPERS offsets to the base salary for each pay step for each non-sworn employee job title are set forth in the schedule attached hereto as Exhibit 3. Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS to provide for Level V of the 1959 Survivor's Benefit, conditioned upon said amendment resulting in no increased CalPERS City contribution rate or other CalPERS cost and/or no decrease in the City's CalPERS account value. MUMIUMMA Effective the first payroll period commencing on or after July 1, 2008, the City shall pay one hundred dollars ($100.00) per month to a person who is capable of speaking, reading, writing and/or interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog, Signing, Armenian and Farsi. Qualifying tests established by the City shall make the determination of capability. Specialty Assignments Sworn and non-sworn employees shall be selected for, and be removed from, assignments by the Chief of Police at his/her discretion. Employees shall not acquire vested property rights in those special assignments or the pay attached thereto. The Chief of Police reserves the right to schedule hours of assigned personnel, as he deems necessary. Commencing on January 15, 2015, a sworn employee who is assigned to any one or more of the following assignments shall be paid an additional increment of $350.00 to their unadjusted base salary each month (or a pro-rata share thereof): 11 Canine Officer Detective Detective Sergeant Field Training Officer Training Sergeant Motorcycle Officer Traffic Sergeant Juvenile Resource Officer Helicopter Observer Officer Gang Investigator Supervisor Gang Investigator SWAT/CNT An employee's specialty assignment payment shall not increase the employee's unadjusted base salary. Instead, the specialty assignment payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary including the one effective on July 1, 2016. Non-Sworn employees that are designated by a supervisor to train other personnel will receive training pay. In order to receive compensation for training other employees. Training pay will be compensated at $150 per month (or a pro-rata share thereof) not to exceed four (4) months. Effective 1/1/15, provide dispatchers who serve as training officers a monthly incentive of $350 per month (or a pro-rata share thereof) after working for the City for 10 years or more. The training period shall not exceed four (4) months unless a longer period is authorized by the Police Chief." The Police Chief/Management reserves the right to approve the term of designation for training officers. The following non-sworn positions will be eligible for training pay Dispatch Trainer (2) Records Trainer (2) Parking Enforcement Trainer (1) Canine Assignment By and through the Association, the canine handlers agree that the amount of monthly time reasonably necessary to provide for the care and maintenance of their animals and their vehicles is 28 hours. Accordingly, each affected canine handier shall be credited with 28 hours worked as full time spent in the care and maintenance of their animals and vehicles. Effective the first payroll period commencing on or after July 1, 2008, said hours shall be compensated at the rate of 1.5 times the state- mandated minimum hourly rate. The City and Officers understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine and canine unit, in compliance with the FLEA and interpretive cases and rulings. W The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties. The hours derived at in this agreement were determined after an actual inquiry of the officers assigned in the canine special assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA. Educational Payment - Sworn Personnel Effective June 30, 2017, City shall pay each sworn employee a monthly educational payment based upon the employee's receipt of one of the following degrees in a field of study reasonably related to the employee's duties as deemed appropriate by the Executive Team in the amount that corresponds to the degree, as set forth below: (a) $210 for an AA or AS Degree; or (b) $420 for a BA or BS Degree; or (c) $640 for a Graduate Degree. In order to receive one of these monthly educational payments, the employee shall submit evidence that his or her degree has been issued by a college or university that is accredited by one of the national accrediting institutions provided that such payment shall be paid from the date of the submission of said evidence, not from the date of the issuance of the degree. However, no such employee shall be entitled to more than one of these educational payments even if the employee has more than one degree. An employee's educational payment shall not increase the employee's unadjusted base salary. Instead, the educational payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary including the one effective on July 1, 2016. Educational Incentive - Non -sworn Personnel Each non -sworn employee who possesses an Associate of Arts Degree from an accredited college or university shall receive an additional twenty -five dollars ($25) per month. Each non -sworn employee who possesses a Baccalaureate Degree from an accredited college or university shall receive an additional fifty dollars ($50) per month. P.O.S.T. Certificate Payment — Sworn Personnel Commencing on July 1, 2015, City shall pay each sworn employee a monthly `K P.O.S.T. Certificate payment based upon the employee's receipt of one of the following P.O.S.T. Certificates in the amount that corresponds to the degree, as set forth below: (a) $350 for an Intermediate P.O.S.T. Certificate; or (b) $700 for an Advanced P.O.S.T. Certificate; or (c) $1,050 for a Supervisory P.O.S.T. Certificate. In order to receive any such monthly P.O.S.T. Certificate payment, the employee shall submit evidence that the P.O.S.T. Certificate has been issued to the employee provided that said payment shall be paid from the date of the submission of said evidence — not from the date of the issuance of the P.O.S.T. Certificate. However, no such employee shall be entitled to more than one of these P.O.S.T. Certificate payments even if the employee has more than one P.O.S.T. Certificate. An employee's P.O.S.T. Certificate payment shall not increase the employee's unadjusted base salary. Instead, the P.O.S.T. Certificate payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary including the one effective on July 1, 2016 P.O.S.T. Certificate Payment — Non-Sworn Personnel Effective July 1, 2015, City shall pay a monthly P.O.S.T. Certificate payment in the sum of $500 to the civilian dispatch supervisor and the records supervisor provided they are employed on a full time basis and hold a P.O.S.T. Supervisory Certificate. J employed I- In order to receive any such monthly P.O.S.T. Certificate payment, the employee shall submit evidence that the P.O.S.T. Certificate has been issued to the employee provided that said payment shall be paid from the date of the submission of said evidence — not from the date of the issuance of the P.O.S.T. Certificate. An employee's P.O.S.T. Certificate payment shall not increase the employee's unadjusted base salary. Instead, the P.O.S.T. Certificate payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary including the one effective on July 1, 2016. Tuition Reimbursement Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of the City Personnel Rules and Regulations shall be amended to provide that the tuition reimbursement described therein shall allow for reimbursement eligibility for full time sworn employees who have passed original probation in an amount not to exceed $2,000, and that the reimbursement eligibility for full time non sworn police department employees who have passed original probation shall be in an amount not to exceed $1,500 per fiscal year. Personnel Rule § 2.8 shall be concurrently amended to provide that tuition M11 reimbursement shall be allowed only as regards courses provided by an accredited college or university and in a field in study reasonably related to the employee's duties and which are deemed appropriate by the Executive Team. UWATM-1 Effective the first payroll period commencing after City Council adoption of this IOU, the City shall bear the reasonable and customary expenses related to the funeral of any sworn or non-sworn employee killed while in the course and scope of employment during scheduled hours of work. in defining what constitutes "reasonable and customary" expenses of a funeral, the parties agree upon the following: • Cost of casket. • Cost of plot or other location of interment. • Cost for transportation of body to place of interment. • Ceremonial costs (fee of individual officiating at the funeral ceremony). However, in no case shall the total City funeral expenditure exceed ten thousand dollars ($10,000.00) in any one funeral. Sick Leave Rules The general policy for sick leave will remain as set forth in Section 11.4 of the Personnel Rules. Effective August 1, 1995, each eligible employees 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. If an eligible employees 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 no less than 50% of the total value, with the timing and methods 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 hours accrual bank. Annual Sick Leave Incentive Sick leave shall accrue on an hourly basis of eight (8) hours per month and shall be ip 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 50% 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 affected employee in the covered classifications shall receive the equivalent of three (3) working days per incident, as needed, because of a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, step-children, parents, brothers, sisters, grandparents, State Registered Domestic Partner, spouse's parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation The general policy and accrual levels of vacation will be as set forth in Section 11.3 of the Personnel Rules. 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 department head, use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave with approval of the department head. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with the detailed accrual levels in Section 11.3 of the Personnel Rules. Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated shall be as follows: 1 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. in 2. Employees having more than five (5) years 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. 3. 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. 4. 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. 5. Employees having more than 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 an 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 or her vacation or to avoid any conflicts. Employees will be notified by the Personnel Services Department on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. In the event a legal holiday falls during a vacation leave, those affected employees will not have said holiday charged as vacation leave, and the vacation leave shall be extended or credited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave, at his /her straight time rate. 1. For employees working a 4110 plan or a 3112 plan, if implemented, the following days shall be observed as holidays: January 1st; the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th, and such other days as may be designated as holidays by motion of the City Council. in 2. For employees working a 5140 plan, the following days shall be observed as holidays: January 1st; the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; the day after the fourth Thursday in November; December 24th; December 25th, and such other days as may be designated as holidays by motion of the City Council. If any of the before mentioned holidays fall • a Saturday, the preceding Friday will be the holiday in lieu thereof. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. 1. Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of 110 hours. 2. If implemented, employees working a 3/12 plan will receive one (1) twelve (12) hour day of floating leave, for a total of 120 hours. 3. Employees working a 5/40 plan will receive three (3) eight (8) hour days of floating leave, for a total of 104 hours. Shift EmDlovees Employees assigned to shifts other than normal business hours, shall have the option of receiving the holiday hours worked as cash payment at their straight time rate for each holiday as it occurs, other than floating holiday time, or may elect of banking the holiday hours as the holiday occurs, other than floating holiday time. The times during which an employee may take his/her holiday bank hours shall be approved by the department head with due regard for the wishes of the employees and for the needs of the service. This holiday bank leave maybe used in hourly increments. 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 excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee will be paid for any excess hours over their maximum holiday bank hours accrual. 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. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued holiday bank hours at his/her straight time rate. We Non-shift Employees Non-shift employees shall mean the following positions represented by the Baldwin Park Police Association, working a 4/10 plan. Records Clerk assigned to Police Administration Police Technician Parking Enforcement Officer Police Sergeant assigned to Police Administration Records Supervisor Dispatch Supervisor If any of the before mentioned Holidays fall on a Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday fn11r%%AAnn is the holiday in lieu thereof. At the beginning of each calendar year, the City will determine how many of the above holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"), along with the two (2) ten (10) hour days of floating leave. The times during which an employee may take his/her holiday bank hours shall be approved by the department head with due regard for the wishes of the employees and for the needs of the service. This holiday bank leave maybe used in hourly increments. 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 excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee will be paid for any excess hours over their maximum holiday bank hours accrual. 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 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. Military Leave Military leave is a temporary leave of absence for ordered military training or for active military duty in the Armed Forces of the United States or its Allies or of the National Guard or the Naval Militia, during a proclamation of war or national emergency by the President of the United States or Congress, an order or request of el the United Nations that the Armed Forces of the United States serve outside of the United States or their territories, or any national conscription act in effect. The City shall comply with all federal and state laws relative to military leave. An employee granted military leave pursuant to Section 11.6 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employee's regularly scheduled workdays per week to his/her "days off'. Jury Duty An employee granted jury duty leave pursuant to Section 11.7 of the personnel Rules shall not be granted additional compensation when such leave extends beyond ZI r— the employee's regularly scheduled work days per week to his/her "days off'. Train ing/Conference Leave When an employee is scheduled to attend a conference or training program Monday through Friday, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue that he/she is eligible for overtime while attending the conference or training. While any employee is on injury on duty status, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue that he/she is eligible for overtime while receiving treatment or keeping doctor's appointments. Section 5 - Work Schedules Experimental 4/10 Plan The City agreed to implement an experimental 4/10 plan for all employees in the Police Department effective August 2, 1992. The Association recognizes that the City may at its sole discretion end the 4/10 plan at any time. The termination of such 4/10 plan is not subject to the grievance process or any other administrative review. The Association recognizes that the 4/10 plan is not a vested right in any manner, and that the termination of such 4/10 plan is not subject to the meet and confer process or meet and consult process. The Association further recognizes that the implementation of the 4/10 plan does not create any additional overtime obligation for the City under the Fair Labor Standards Act. The City may adjust employee's work periods as necessary so that their forty (40) hours of scheduled work does not overlap into another work period to avoid an overtime obligation. 1411 For employees assigned to patrol and dispatch duty a standard workday consisting of ten (10) hours, including a paid restricted meal period of one-half (1/2) hours. Meals periods shall be in accordance with department administrative guidelines. For employees not assigned to patrol and dispatch duty a standard workday consisting of ten and one-half (10 1/2) hours; nine hours and fifty minutes (9:50) of work time and forty (40) minutes as a non-paid unrestricted meal period. Meal periods shall be in accordance with department administrative guidelines. Employees will be provided two (2) ten (10) minute rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the half scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. Hours of Work Non-shift employees, as defined on page 15 of the Memorandum of Understanding, shall work Monday through Thursday, 7:30 a.m. to 6:00 p.m. Detective.- and Records Specialists assigned to investigations shall work either Monday through Thursday or Tuesday through Friday (as determined and assigned by the department), 7:00 a.m. to 5:30 p.m. Shift employees shall work as scheduled. 3/12 Alternate Work Schedule Discussions will continue on the feasibility of the 3/12 work schedule for Patrol and/or Dispatch. The Patrol assignments of Traffic Bureau, Community Service Officers and will not be included for consideration of working a 3/12 schedule. The Detective Bureau will not be included for consideration of working a 3/12 schedule. For Employees working a 9/80 or 3/12 work schedule, in accordance with 29 C.F.R. § 778.105, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four hours after the start time of his/her eight hour shift on the day of the week that corresponds with the employee's alternating regular day off. Workweek (Sworn employees) The 3/12.5 Work schedule is authorized per Section 7(k) of the Fair Labor N Standards Act. The City has adopted a 28 day work period in accordance with Section 7(k). All overtime requests must have the prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized. An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request. Clothes Changing Except as provided below, employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on-duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents a sworn employee from wearing his/her uniform to and/or from his/her residence to and/or from work as long as the badge and insignia are covered by a non- police issue garment such as a windbreaker. Nothing herein prevents a non-sworn employee from wearing his/her uniform to and/or from his/her residence to and/or from work. Employees choosing to wear their uniforms covered to and/or from work should not wear their "Sam-Browne" belt. Time spent in changing clothes before or after a shift is not considered hours worked and is not compensable in any manner whatsoever. Shift Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Any hours worked beyond the normal workday will be credited to the individual actually doing the work. "Paybacks" of shift trades are the obligation of the two employees involved in the trade. Paybacks are to be completed within twelve (12) months of the date of the initial shift trade. Any dispute as to paybacks is to be resolved by the involved M employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department ("Shift Trade Log"). If one individual fails to appear for the other (regardless of the reason), the person who agreed to the shift trade is the newly scheduled officer and will be held responsible for that shift period. That person will be listed as absent without leave and may be subject to disciplinary action. Early Relief Policy The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. Firearms Qualification All members of the department are required to qualify and receive remedial training while on duty. Employees who choose to shoot at the range at times other than the required qualification dates will be considered to be on personal time. Such time is not counted as working time and is not compensable in any manner whatsoever. CitV Vehicle Use Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. This provision also applies in those situations where the radio must be left on and monitored. This provision does not preclude compensation in those instances detailed in the "canine" assignment or "motorcycle" assignment. Canine Assignment M Employees assigned to canine duty shall not be compensated in any manner whatsoever for hours spent in travel time to and from work in a City vehicle, unless such travel time is interrupted to perform law enforcement duties. In the event that such travel time is interrupted to perform law enforcement duties, the officer will be compensated for actual time spent engaged in such duties. Canine handler travel time related to the training, care and maintenance of the canine shall be included within the enumeration of hours worked as set forth in Section 3, Insurance/Supplemental Wage Payments above and shall not be subject to additional compensation. Motorcycle Assignment Employees assigned to motorcycle duty shall not be compensated in any manner whatsoever for hours spent in travel time to and from work on a city motorcycle, unless such travel time is interrupted to perform law enforcement duties. In the event that such travel time is interrupted to perform law enforcement duties, the officer will be compensated for actual time spent engaged in such duties. An officer will be compensated for actual time spent in department required and approved training at times other than the officer's regular working hours. An officer will receive a monthly stipend, in the amount of $85.00, commencing May 1994, for off-duty time spent in the care, upkeep, and incidental repair and maintenance of their assigned motorcycle. Gym Facility The City provides a gym facility for the voluntary use of employees during their off duty hours. Time spent by employees in working out at the gym facility is not considered hours worked and will not be compensated in any manner. Call Back Pay Call back duty occurs when an employee is ordered to return to duty on a non-regularly scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing when he/she reports to duty. Any hours worked in excess of two (2) hours shall be credited on an hour for hour basis for actual time worked. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. Call back duty hours will be compensated at time and one-half rate, irrespective of the total paid leave exclusions for the work period. This provision is to be distinguished from "Court Pay" which is to be used when an employee is called back to court. When an employee is physically called to court for appearances upon W, ratification, he/she shall be paid a minimum of four (4) hours work commencing when he/she reports to court commencing July 1, 2015. Travel time shall not be considered hours worked and shall not be compensation in any manner whatsoever. Court pay will be compensated at time and one-half rate, irrespective of the total paid leave exclusion for the work period. Court Standby time is not considered hours worked under the Fair Labor Standards Act. However, in recognition of the City's past practice, commencing July 1, 2015 the employee will receive credit for two (2) hours in the a.m., and two (2) hours in the p.m., provided that the employee is not actually required to be present in the court buildings upon ratification. Effective November 1, 2004, the City will provide employees working the graveyard shift credit for one (1) hour in the a.m. and one (1) hour in the p.m., provided that the employee is not actually required to be present in the court buildings. In return the City will collect all previously City issued pagers. Employees shall be responsible for calling the on-call court hotline to verify if they are still on-call and shall comply with the department's on-call policy. Said employee shall notify his/her immediate supervisor within twenty-four (24) hours when there is a change in contact information such as a new home/cell telephone number. Court standby will continue to be paid for those employee's assigned regular days off, that fall Monday - Friday. Traininq Time Attendance at training schools/facilities (including the academy), which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus or to barracks 24 hours a day. Travel time to and from the training facility outside of an employee's normal work shift is not compensable hours of work. Mandatory training as required by the Department and/or P.O.S.T. is compensable for actual time spent in training. NVOR910- =-* N9 The work period for all employees (both sworn and non-sworn) within the bargaining group shall be seven (7) days in length. Overtime Compensation For purposes of calculating overtime, all employees required to work in excess of the standard work period of forty (40) hours in a seven (7) day cycle shall receive compensation at the rate of time and one-half his/her regular rate of pay. The regular rate of pay shall include the following components in addition to base salary: 1. Educational incentive 2. Bilingual pay 3. Special assignment pay Paid leave time exclusions, as defined on page 24 of this document, are excluded from the total hours worked under this Section. MOU Overtime Effective November 1, 2004, in addition to regular overtime an officer will be entitled to MOU Overtime as follows: An employee that is taking a vacation, Holiday bank time and/or compensatory leave during their regular scheduled work week and is called into work on an overtime assignment or is required to work past their regular shift will be compensated at one and one-half (1.5) times the employee's regular rate of pay. An employee that is required to work on any City recognized Holiday will be compensated at the regular rate of pay and will also receive either twelve (12) hours of Holiday Bank time or twelve hours of paid straight time at the employee's regular rate of pay. The employee may elect to choose whether he/she receives the twelve (12) hours of Holiday Bank time or twelve (12) hours of straight time at the regular rate of pay. An employee who is called into work outside of the employee's regular shift and that day happens to fall on a City recognized Holiday said employee will be compensated at one and one- half (1.5) times the employee's regular rate of pay. Compensatory Time In lieu of receiving cash payment for hours worked in excess of forty (40) hours during the seven (7) day work period, an employee may elect the option of earning compensatory time, which shall be computed by a factor of 1.5 times his or her hours of overtime and shall have a cap of two hundred (200) hours placed on the accrual of compensatory time off. The times during which an employee may take M his/her compensatory time shall be approved by the appointing authority with due regard for the wishes of the employee and for the needs of the service. Should this provision be found invalid by an arbitrator, court of competent jurisdiction or the Department of Labor, the accrual of compensatory time shall cease and all accrued compensatory time shall be paid at the employee's current straight time rate. On or before December 31 of each year, an employee shall reduce his/her accrued compensatory time bank to forty (40) hours or less. Any time in excess of forty (40) hours shall be paid at the employee's current straight time rate. Upon separation from City service, an employee shall be compensated for all accrued compensatory time up to two hundred (200) hours or less at his/her straight time hourly base rate. Paid Leave Exclusions In determining an employee's eligibility for overtime compensation in a work period, paid leaves of absences and un-paid leaves of absences shall be excluded from the total hours worked. To the extent authorized by law, paid leave of absences which shall be excluded include: 1. Sick Leave 2. 4850 Time Leave 3. Jury Duty 4. Administrative Leave 5. Bereavement Leave 6. Military Leave 7. Workers' Compensation Leave (IOD) New Fair Labor Standards Act Regulations The City agrees that in the event the Department of Labor issues new or revised interpretative regulations defining what is and what is a not compensable hour of work, the City shall amend any affected provisions of this Memorandum of Understanding to comply with such regulations. The Association recognizes that there will be no retroactive application of such regulations under this Memorandum of Understanding unless so provided by the regulations or courts. 90. -� The pay periods and times of delivery of payroll checks for all employees shall be set by the Executive Team. RN City Switchboard The City agrees that civilian dispatchers will not be required to provide for the operation of the City switchboard. Identification for Non-sworn Employee The City shall provide all non-sworn employees with a modified City identification card. Such identification will indicate that the employee works within the City Police Department. rI _ e City shall provide yearly physical to each public ..fi­n+Y employee, by a physician of the City's choice. Uniform/Equipment Allowance - Sworn Personnel Effective July 1, 2015 the City will provide $900.00 per year for eligible employees by adding this amount to each employee's paycheck but will not increase the employee's base salary. The City shall continue to provide new employees with two (2) complete uniforms (excluding shoes) upon commencing employment with the City. In addition, the City will provide specialty assignment employees (as indicated on page 9) and members of the Special Response Team, with the employee's initial set of uniforms and equipment required for their positions. Employees shall be responsible for the replacement of uniforms due to normal wear and tear. If an employee's uniform is damaged during the execution of their duties, said employee will document in a police report or inter-office memorandum the circumstances surrounding the damage. The City shall provide the employee with a replacement uniform equivalent to the one that was damaged. Effective July 4, 1993, sworn personnel will have the option of selecting a light duty jacket or heavy-duty jacket as part of their uniform. Uniforms — Non-Sworn Personnel Effective July 1, 2015, the City shall provide new non-sworn employees with two (2) complete uniforms (excluding shoes) upon commencing employernent with the City. Effective July 1, 2015, the City will provide $500 per year for eligible non-sworn employees by adding this amount to each employee's paycheck but will not increase the employee's base salary. Safety Equipment U-111 All sworn employees shall be provided the following safety equipment: Weapon-based upon recommendation of the Range Master; rounds of ammunition annually, also based upon recommendation of the Range Master; 3 ammunition clips; Oleoresin Capsicum Spray; baton; handcuffs (Peerless, Smith and Wesson or like quality); bullet-proof vest; helmet; raingear (coat, pants and boots); 1 Sam Browne belt; 4 keepers; 1 uniform belt; 1 baton holder; 1 cuff case; 1 Oleoresin Capsicum Spray holder; 1-double ammunition pouch; 1 holster; 1 key holder and 1 radio holder; and flashlight. Upon leaving the employ of the City, the employee shall return all equipment to the f,;+ All LhU %a I Ly. All repairs to said equipment ,,ent sha 11 be made on an a s needed basis, s h a 11 be paid by the City, and shall be made through Keystone Uniforms or other appropriate outlet(s). The Division Commander must approve repair or replacement in advance. Dues Authorization Upon receipt of an executed voluntary written authorization, the City shall deduct Association dues on a bi-weekly payroll basis for employees represented by the Association. The Association shall provide the form for this purpose and the amounts to be deducted for Association dues shall be certified to the City by the appropriate Association official. Such deductions shall be made only when the employee's earnings for a pay period are sufficient after other legally required deductions are made. Such deductions shall be forwarded to the Association within twenty (20) working days following such deductions from the employee's pay. Authorization for dues deductions shall be revocable by the employee upon fifteen (15) days advance written notice to both the Association and to the City. The Association hereby agrees to indemnify and hold harmless the City for any loss or damages, claims or causes of action, and legal fees arising from the operation of this provision of the Memorandum. It also is agreed that neither any employee nor the Association shall have any claim for error against the City for any deductions made or not made, as the case may be. American's With Disabilities Act Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case- by-case basis, the parties agreed that the provisions of this agreement may be set aside in order for the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. The Association recognizes that the City has the legal obligation to meet with the individual employee to be wo accommodated before any adjustment is made in working conditions. The City will notify the Association of these proposed accommodations prior to implementation. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure. Prior to setting aside any provision of this agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to set aside the provision, and will allow the Association the opportunity to discuss options to setting aside of any provision. Alcohol anri nri in Ak, lee Policy Purpose - , -,I --- It is the purpose of this policy to eliminate substance abuse and its effects in the workplace and to ensure that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. It is the City's policy that employees shall not be under the influence of or in unlawful possession of alcohol or illegal drugs while on city property, at work locations, or while on duty; shall not utilize such substances when they are assigned to be On call for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or illegal drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/supervisor, before beginning work, when taking medications or drugs (including the possible effects of taking such medication or drugs) which the employee believes may interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from their physician may be required. The City is committed to providing reasonable opportunity for rehabilitation for those employees whose drug or alcohol problem classifies them handicapped under federal and/or state law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their position, or whose use constitutes a direct threat to property or the safety of others, are not considered handicapped under federal or state law. ME This policy applies to all employees applies to alcohol and to all substances, which could impair an employee's ability functions of the job. Employee Responsibilities An employee must: of the City of Baldwin Park. This policy drugs, or medications, legal or illegal, to effectively and safely perform the 1. Refrain from the use of, or unlawful possession of, illegal drugs or narcotics while on duty; 2. Not report to work while his/her ability to perform job duties is irnnfairind due + alcohol or drur, use; Impaired ZI 3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or at anytime while on city property, unless authorized by the Police Department; 4. Not directly or through a third party sell or provide illegal drugs to any person, including any employee, while either employee or both employees are on duty; 5. Notify his/her supervisor, before beginning work, when having consumed alcohol or when taking any medications or drugs, prescription or non- prescription, which the employee believes may interfere with the safe and effective performance of duties or operation of equipment; 6. Report to their supervisor of any criminal drug statute conviction no later than five (5) days after such conviction; 7. Report to the supervisor when they have knowledge of objective evidence those other employees may be under the influence of drugs or alcohol or engaging in illegal drug related activities. , Employees who believe they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through their medical plans or through other resources available in their community. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. Notwithstanding the above language, Section 3.01(B) of the Baldwin Park Police Manual will take into consideration for all sworn employees of the Police Department. Management Responsibilities 1. Managers and supervisors are responsible for reasonable enforcement of this policy. 2. Notify the affected contract/granting receiving notice of any conviction. agency within ten (10) days after 3. Prepare and distribute to all employees, a summary of available if benefits through the various health plans. Any information will be distributed through the Personnel Services office. 4. To treat any cases where rehabilitation is recommended or already underway as a medical situation, subject to current medical leave policies. 5. To maintain strict confidentiality on all matters arising under the provision of this policy. Medical information, if necessitated, will be maintained by Personnel Services in separate, secured files. 6. Information will only be shared where there is a bona fide "need to know" by management in instances where referrals, rehabilitation, medical leaves, work accommodation, discipline or other employment related decisions are affected. 7. As with all policies and procedures, any incident or situation nnnidrinn management attentinn i_-, PynPrIt-H to he given thoroUnh 11. CI, * and deliberate consideration before any final action is taken, especially in disciplinary cases. Decisions made on such cases under this policy will be subject to review by an individual's department head, Executive Team and Personnel Officer. NZMMMUJN=*1 That the Association, in conjunction with the City, will continue their commitment to effectuate, maintain and expand a Community Based Policing Policy for the betterment of the citizen's of the City. Outside Employment The City has developed a policy pursuant to its legislative discretion by which personnel may engage in outside employment on their off hours that does not conflict with their official duties; and City agrees to maintain a policy on outside employment. Limited Reopene The parties agree to allowing a reopener during the term of the MOU which shall be limited to proposed modifications in existing MOU language. Either party shall provide written notice to the other of its intent to invoke this section, and a written description of the precise language changes that are proposed. 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I ' STAFF REPORT , TO: Honorable Mayor and City Councilmembersa FROM: Marc Castagnola, AICP, Community, evelopment Director Amy L. Harbin, AICP City Plan r ! DATE: March 18, 2015 SUBJECT: An appeal of the Planning Commission's decision to deny a request for a conditional use permit for the off -site sales of beer and wine (Type 20) in conjunction with a convenience store pursuant to Section 153.120.050.A.i in the City's Municipal Code. (Location: 3160 Baldwin Park Boulevard; Applicant: Bob Abbott with Stantec Architecture, representing Chevron Corporation; Case Number: CP -818.) SUMMARY This report represents an appeal of the Planning Commission's decision to deny a conditional use permit for the off -site sales of beer and wine (California Department of Alcoholic Beverage Control License, Type 20) in conjunction with an associated convenience store with gasoline station (Chevron) and fast food restaurant (McDonalds) pursuant to Section 153.120.050.A.1 in the City's Municipal Code. FISCAL IMPACT There is no fiscal impact associated with this item. Staff and the Planning Commission recommend that, following the de novo public hearing, held in accordance with Section 153.210.150.E of the City's Municipal Code, the City Council open the public hearing, receive any public comment, close the public hearing, and adopt Resolution 2015 -063, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW THE OFF -SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE PURSUANT TO SECTION 153.120.050.A.1 OF THE CITY'S MUNICIPAL CODE. (LOCATION: 3160 BALDWIN PARK BLVD.; APPLICANT: BOB ABBOTT WITH STANTEC ARCHITECTURE REPRESENTING CHEVRON CORPORATION; CASE NUMBER: CP -818). BACKGROUND CALIFORNIA ENVIRONMENTAL QUALITYACT (CEQA) /NOTICING Staff has determined that this case is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301 (Class 1- Existing Facilities) of the CEQA Guidelines. Therefore, no further environment analysis is required. CP -818 March 18, 2015 Page 2 of 8 On March 3,° 2015, a Notice of Public Hearing was posted at the subject property, Esther Snyder Community Center and Barnes Park. Public Hearing Notices were mailed to the property owners within a 300 -foot radius of the subject property on March 4, 2015. SUBJECT PROPERTY AND SURROUNDING LAND USES The General Plan land use designation of the subject property is General Commercial and it is currently -zoned Freeway Commercial Sierra Vista Overlay, FC (SV). Overall the sites in question are two (2) squarish shaped properties that comprise the Chevron/McDonald's combination. One parcel identified by the Assessor's parcel number 8555- 006 -040 contains approximately 23,087 s.f. of land area and the other parcel, identified by Assessor's parcel Number 8555 -06 -041 contains approximately 27,007 s.£ of land area (a combined total of 50,094 s.£ of land area). These parcels are two (2) of several parcels that comprise the 22 -acre Sierra Vista Shopping Center, which is anchored by Target and Food 4 Less. The Shopping Center is adjacent to the 1 -10 Freeway, and has street frontage along Baldwin Park Boulevard and Francisquito Avenue. The subject properties are located within Census Tract 4047.02. Table #1, below provides a summary of the land uses that surround the properties in question. TABLE #1 SURROUNDING LAND USES ADJACENT PROPERTY LOCA'T'ION ZONING PROPERTY USE North C -2 I -Hop, Smart & Final East FC (SV) Parking Lot for the Sierra Shopping Center South FC (SV) Food 4 Less West FC (SV) Taco Bell Restaurant PROPERTY HISTORY This overall shopping center has had several hearing before the Planning Commission and/or City Council. Table #2 below, identifies the various entitlements and CP -555 in that table identifies the entitlement specific to these particular properties. TABLE #2 ENTITLEMENT HISTORY FOR THE ENTIRE SIERRA CENTER C:\Amy\AMY\WORD \Reports \Council Reports \CP -818 Appeal #3.doc 18.5 Acre site bounded Resolution 93 -02 approved by by Baldwin Park Blvd, Approval of a Specific Plan to the Planning Commission on SP 93 -01 Francisquito Ave, ensure the coordinated January 27, 1993 and Metro Railroad Tracks development of the property Resolution 93 -20 by the City and the I -10, San for commercial purposes. Council on February 17, 1993. Bernardino Freeway C:\Amy\AMY\WORD \Reports \Council Reports \CP -818 Appeal #3.doc CP -818 March 18, 2015 Page 3 of 8 ENTITLEMENT -- LOCATI+C►1� REQUEST RESOLUTION NUMBER '& NUMBER DATE APPROVED Approval of a Development Resolution 93 -02 approved by 3188 Baldwin Park Plan to permit the the Planning Commission on DR -6 Boulevard (Jack in the development of a fast food January 27, 1993 and Box) restaurant within the Sierra Resolution 93 -20 approved by Vista Overlay Zone. the City Council on February 17, 1993. 18.5 Acre site bounded Resolution 95 -17 approved by by Baldwin Park the Planning Commission on Boulevard Francisquito Approval of a Development October 1 1, 1-72 and SP 93 -01 MOD Avenue, Metro Plan to allow for a 215,000 Resolution 95 -72 approved by Railroad Tracks and ' � retail center. square soot reran center. the City Council on October the I -10, San 18, 1995 Bernardino Freeway Resolution PC 96 -34 approved 3060 -D Baldwin Park A request to modify the by the Planning Commission DR -9 Boulevard (Hollywood exterior materials and color on December 11, 1996 and Video) scheme. Resolution 97 -2 approved by the City Council on January 15, 1997. 3120 Baldwin Park Request for a drive -thru in Resolution PC 96 -26 approved CP -553 Boulevard (Taco conjunction with a fast food by the Planning Commission Bell /Pizza Hut) , restaurant. on October 23, 1996. 3160 Baldwin Park Request for a drive -thru in Resolution PC 96 -30 CP -555 Boulevard conjunction with a fast food approved by the Planning (McDonald's/ restaurant and a service Commission on November Chevron) station. 13, 1996. 3000 Baldwin Park Request for the off -site sales Resolution PC 96 -33 approved CP -556 Boulevard (Food 4 of distilled spirits in conjunction with a grocery by the Planning Commission Less) store. on December 11, 1996. Request for the off -site sales Resolution PC 04 -05 approved CP -690 3100 Baldwin Park of beer and wine in by the Planning Commission Boulevard (Target) conjunction with a on May 26, 2004. department store. Resolution PC 07 -12 approved - Request for floor area by the Planning Commission CP -690 MOD 3100 Baldwin Park expansion and facade on August 22, 2007 and Boulevard (Target) remodel of existing Resolution 2007 -053 approved department store. by the City Council on September 19, 2007 C:\AmyWMY\WORD \Reports\Coundl Reports \CP -818 Appeal #3.doc CP -818 March 18, 2015 Pap-e 4 of 8 Request for an upgrade of the 3100 Baldwin Park existing ABC License from Resolution PC 14 -18 approved CP -816 Boulevard the off -site sales of beer and by the Planning Commission wine to the off-site sale of on October 8, 2014. distilled spirits. DISCUSSION Pursuant to Section 153.120.050.A.1 of the Baldwin Park Zoning Code, any establishment, business, or facility that currently does not sells alcoholic beverages and proposes to do so is required to obtain a conditional use permit. The applicant, Bob Abbott, with Stantec Architecture, representing Chevron Corporation, is requesting consideration of a conditional use permit for the ofd site sale of beer and ovine in conjunction with the Chevron convenience store. The site is currently owned by Me Donald's Corporation and occupied by a Chevron gasoline station and a McDonald's fast food restaurant with a drive - through. Combined, the two (2) properties are along the west boundary of the Sierra Shopping Center adjacent to the intersection of Baldwin Park Boulevard and Tracy Street. The I -10 San Bernardino Freeway is located to the south of the shopping center. The entire Shopping Center site contains multiple retail and restaurant uses and ample parking; the subject site includes 53- parking stalls located along the sides and rear of the building, according to Exhibit "A ". There are two main entrances into the convenience store and the existing cooler where the beer and wine are proposed to be stored is located along the north wall of the convenience store area opposite of the entrance doors. According to the submitted Exhibit "A", there are three (3) existing video cameras and three (3) new cameras are proposed to be placed on each of the main entrance areas (2) and one (1) focused on the existing cooler where the beer and wine will be stored. There are four (4) fueling stations with eight (8) fuel dispensers under the 52' by 38' canopy (1,976 s.f.). The total floor area of the existing building which contains the convenience store and the McDonald's Restaurant is approximately 4,549 s.£ About sixty percent (60 %) of the floor area is devoted to the McDonald's use (including the restrooms) and the remaining forty percent (40 %) is for the convenience store /gasoline station activities. In order to reach the McDonalds portion of the building and order counter, a customer must walk through the Chevron convenience store. Based on the submitted plans and a site inspection, the property appears to be in substantial compliance with the Zoning Code development standards for the following sections of the Code: Alcoholic sales, Drive - through Establishments and Service Stations, in addition to Resolution PC 96 -30 (Attachment #5) which relates to the drive - through associated with the McDonald's fast food restaurant. ALCOHOL SALES The sale of alcohol- has been a controversial issue in Baldwin Park due to the problems generally associated with sales outlets. In the past, litter, vandalism, loitering, and over - concentration of alcohol uses have been associated primarily with liquor and convenience stores, small bars and taverns. The current active off -site licenses for Census Tract 4047.02, according to the California Department of Alcoholic Beverage Control, are listed in the table on the following page: C:Wmy\AMY\WORD \Reports \Council Reports \CP -818 Appeal #3.doc CP -818 March 18, 2015 Page 5 of 8 TABLE #3 EXISTING ALCOHOLIC BEVERAGE SALES (OFF -SITE) IN CENSUS TRACT 4047.02 3000 Baldwin Park Blvd. Food 4 Less 21— Off Sale General 3100 Baldwin Park Blvd. Target 21—Off Sale General 3123 Baldwin Park Blvd. Smart & Final 21 —Off Sale General 3151 Baldwin Park Blvd. CVS Pharmacy 20 —Off Sale Beer & Wine 12954 Bess Avenue 7- Eleven 20—Off Sale Beer & Wine Based upon information obtained from the State Department of Alcoholic Beverage Control (ABC), Census Tract 4047.02 is over - concentrated by their set standards. Currently there are five (5) existing off -site ABC Licenses within Census Tract 4047.02 (reference Table #3 above). According to the ABC, a maximum of three (3) licenses would be permitted within the Census Tract; hence, the Census Tract is deemed over- concentrated by two (2) existing licenses. In order to add another off -site sales license to the Census Tract, a finding of public convenience or necessity would be required. The Applicant's request does not meet the convenience finding as required by the Department of Alcoholic Beverage Control (ABC) in that within walking distance (approximately 500 feet) of the subject site there are four (4) other off -site sales outlets as evidenced in Table #3 above. Additionally, the request does not' tneet the necessity finding required by ABC" because a potential purchaser of beer and wine could go elsewhere, within walking distance. The City's Police Department has been consulted about this application and has not had issues at the location, and has no concerns with the conditional use permit application. CITY POLICY In August 2014, the City Council adopted Administrative Policy 9028 (Reference Attachment #6— Development Standards for Alcoholic Beverage Sales) which sets forth two (2) development standards for alcoholic beverage sales as outlined below; however, there is no guarantee that the conditional use permit would be approved if the development standards are met. The Development Standards in the policy, as listed below, only render the conditional use permit application complete. (1) That the floor area for the proposed new off -site outlet shall be no less than 10,000 s.f. of floor area, unless Applicant is proposing to relocate an existing off -site license within the City of Baldwin Park boundaries to a new location within the City's boundaries. The. Applicant has entered into escrow to purchase an existing Type 20 license held by Fresh & Easy located at 1640 Puente Avenue and move that license to the 3160 Baldwin Park Boulevard location (Reference Attachment #7— Escrow Instructions). (2) Off -site outlets shall not devote more than three percent (3 %) of their overall floor area to the sales and display of alcoholic beverages. C:\Amy\AMYMORD \Reports\Councd Reports \CP -818 Appeal #3.doc CP -818 March 18, 2015 Pan 6 of 8 According to the submitted Exhibit "A ", the storage and display of alcoholic beverages will be located within two (2) of the seven (7) existing cooler doors. Based on a rough calculation, this amounts to less than one percent (1 %) of the floor area of the convenience store. PLANNING COMMISSION ACTION On December 10, 2014, the Planning Commission held a public hearing on CP -818, a request by Bob Abbott representing Chevron, for the off -site sales of beer and wine in conjunction with a convenience store and associated gasoline station (Chevron) and fast food restaurant (McDonald's). Provided with the option to either deny or approve the conditional use permit, the Planning Commission voted to deny the conditional use permit and direct staff to bring back to the next regular meeting of the Planning Commission on January 28, 2015, a resolution of denial indu ing requisite _findings. At the January 28, 2015 Planning Commission meeting, staff returned with a resolution of denial, including the requisite findings. The Planning Commission voted 5 -0 to approve the resolution (PC 14- 20) denying the conditional use permit. APPEAL SUBMITTAL On February 9, 2015, . Bob Abbott with Stantec Architecture, Inc. submitted a written appeal and requisite .filing fee (reference Attachment #10) to the City Clerk appealing the Planning Commission's adoption of Resolution PC 14 -20 denying a conditional use permit for the off -site sales of beer and wine in conjunction with a convenience store. FINDINGS OF FACT (a) Conditionally permitted. The use of off -site sales of beer and wine is conditionally permitted within the subject FC(SV) Freeway Commercial Sierra Vista Overlay Zone and complies with the intent of all applicable provisions of this chapter (subchapters 153.210.450 through 153.210.495 of the City's Municipal Code); and (b) Zone integrity and character. The use may impair the integrity and character of the zone in which it is to be located in that the proposed location of off -site sales of beer and wine is within a Census Tract that is currently over concentrated with five (5) off -site sales outlets as determined by the California Department of Alcoholic Beverage Control. Furthermore, the Department of Alcoholic Beverage Control permits a maximum of two (2) off -site sales outlets before Census Tract 4047.02 would be deemed over concentrated. Additionally, the proposed location is within approximately 500 feet of four (4) existing off -site sales outlets within said Census Tract 4047.02; and (c) Site suitability. The subject site is not physically suitable for the type of land use (off-site sales of beer and wine in conjunction with a convenience store) being proposed. The existing Chevron convenience store shares the same building, primary entrances and direct access with an °existing McDonald's fast food restaurant. Patrons of the McDonald's Fast Food Restaurant are required to walk from the parking area through the Chevron convenience market to the McDonald's Fast Food Restaurant counter and exit the same way, through the Chevron convenience store. C:\Amy\AMY\WORD \Reports \Council Reports \CP -818 Appeal #3.doc CP -818 March 18, 2015 Page 7 of 8 Additionally, the proposed location (31 b0 Baldwin Park Boulevard— Chevron convenience store) for the off -site sales of beer and wine is within approximately 500 feet of four (4) existing off -site sales outlets (reference Table #3, in the CP -818 City Council staff report dated March 18, 2015) and proposes to increase the overconcentration of alcoholic beverages by one (1) license within Census Tract 4047.02 as determined by the California Department of Alcoholic Beverage Control; and (d) Existing compatibility. The sale of alcohol is not compatible with the McDonald's land use presently on the subject property. Specifically, the Chevron convenience store shares direct access with a McDonald's Fast Food restaurant which is `family friendly' and child oriented. The close proximity and shared entrance to this family themed restaurant makes the sale of alcohol particularly incompatible with the presence of children congregating in and about the site; and (e) Future compatibility. The additional sales of alcohol is not be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located, should the over concentration of the census tract with off -site alcoholic beverage sales and the four (4) existing off -site sales outlets remain in the future; and (f) Utilities and services. Since no improvements are proposed to the building and the building is currently existing there are adequate provisions for water, sewer, public utilities and services which would not cause a detriment to public health and safety; and (g) Public access. Adequate provisions for public access are available to serve the proposed use. _ (h) General Plan consistency. The proposed off -site sales of beer and wine in conjunction with the convenience store is not consistent with the General Plan in that the off -site sales of beer and wine at this location does not provide a balanced mix and distribution of land uses throughout Baldwin Park (Goal 1.0 of the Land Use Element). The proposed addition of the off -site sales outlet does not provide a `public convenience or necessity', but rather contributes to the over - concentration/saturation of off -site sales outlets within the Census Tract and general area. (i) Safety and welfare. The use could be detrimental to the public interest, health, safety, convenience or welfare in that the existing Census Tract, 4047.02 is currently over - concentrated according to the California Department of Alcoholic Beverage Control by three (3) existing off - site licenses. An additional off -site sales license would render the census tract even more over - concentrated and require a finding of public convenience or necessity. There is no `public convenience or necessity' with the addition of a new off -site sales outlet within the Census Tract. The `Necessity' does not meet the finding in that a purchaser can go elsewhere, to one of four existing off -site sales outlet within 500 feet (walking distance) of the proposed off -site sales location. Furthermore, there is no `public convenience' in that the existing convenience market, where the proposed off -site sales are to be located, shares a building, entrances, and provides customer access to a family - friendly, child oriented McDonald's Fast Food Restaurant. Additionally, a finding of `public convenience' could not be found because there are four (4) other off -site sales outlets within walking distance of approximately 500 feet in the same Census Tract. C:\AmyWMY\WORD \Reports \Council Reports \CP -818 Appeal #3.doc CP -818 March 18, 2015 Pap,e 8 of 8 ALTERNATIVE As an alternative to the resolution of denial, City Council could direct Staff to come back with a resolution of approval which would include the requisite findings of fact in favor of the off -site sales of beer and wine in conjunction with a convenience store (Chevron), conditions of approval applicable to the off -site sales of beer and wine at this particular location, and statement of public convenience or necessity for the off -site sales of beer and wine in conjunction with a convenience store (Chevron) within Census Tract 4047.02. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ATTACHMENTS #1, Exhibit "A ", dated December 10, 2014 92, Vicinity Map #3, Application Forms and Statements #4, Planning Commission Minutes dated December 10, 2014 and January 25, 2015 #5, Resolution PC 96 -30 (CP -555) #6, Development Standards for Alcoholic Beverage Sales (Administrative Policy #028) #7, Escrow Instructions #8, Section 1.53.210.480 of the City's Municipal Code (CUP Findings of Fact) #9, Operating Procedure— Sundown & Robbery Deterrence #10, Appeal from Stantec Architecture #11, City Council Resolution 2015 -063 C:\Amy\AMY\WORD \Reports \Council Reports \CP -818 Appeal #3.doc i i o Mill; it < r- -g , 0 1 � [g t # €� � D m � Fad- z &' § E a't � 0 FL co II o C7 00 T— 4� OC) 0 C c5 -0 U) 77 F7 a) Lu m ry < z Ca 6i LU a .(,' n <0 4 LLI z w o � _ Lli S2J3SN3dSl4 Z Z LL Z Z S 8 0 LL U ip C: O 0 d a o° .tfY p lko� Ifill Wq 3 O }W< W v i i' EEEEg ixr�l z 0 W W .Q r i C2 Rl F RG R3 C2 Al 2 site F p VICINITY MAP' March 18, 2015 SAN 6AI RIE VALLEY i ,. i i ,' 1 l.. i CITY OF BALDWIN PARK PLANNING DIVISION .14403.E- PACIFICAVENUE BALDWIN PARK, CA 91706 BAiDWIN (626) 813-5261 P - A, R - K TYPE OF APPLICATION General Plan Amendment Zone Change Code Amendment Development Plan ru� r1nA (I t- p, k- once Ual A pprovall rAdwa Name of Applicant(, Address % 3f,5 Phone No. -24 Z Owner(s) of Record Owner's Address-Z Redevelopment Overlay- Zone Variance V—Conditional Use Permit JUL 0 7 HIII Administrative Adjustment Specific Plan Other PROPERTY INFORMATION 3 ,-) 4 - — Location /Z— Assessor Parcel Number(s) Z Tract and Lot Number(s) Existing General Plan Designation Existing Zoning for each Parr-el Existing Land Use Code Section to be Amended Purpose of request CERTIFICATION STATEMENT: Iiwe acknowledge the filing of this application and certify that all the above information is true and accurate and that i/we have familiarized myself/ourse[ves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit from the legal owner.) va _ 74A/ V Signature Signature Date FOR CITY USE ONLY: -7 Received by: Date: File No� Fee: - Project Description /Justification R E F (j 41 j, A - _ - Chevron Products Company is proposing dedicate two (2) of the - existing cooler doors iri their convenience store located 3160 Baldwin Park Blvd. to the sale of beer & wine for off -site consumption. In order to facilitate this, Chevron plans to buy an existing ABC license from within the limits of the City of Baldwin Park (previously in use at 1640 Puente Avenue. In response to Zoning Code Sections 153.120.060 (Use Regulations) and 153.120.080 (Security Regulations) related to alcohol sales, transmitted with this application for CUP is a copy of Chevron's 16 "Steps to Sundown and Robbery Deterrence" and the associated daily executed checklist. Additionally, included in the drawing set prepared for this application is a floor plan indicating — 1) the location of the cooler doors proposed to be dedicated to alcohol sales; 2) the locations of existing security cameras in the c -store and; 3) the locations of proposed additional security cameras to be added per the recommendations resulting from a pre - application security analysis and site visit conducted by Chevron Security. The proposal to add alcohol sales (for off -site consumption) is consistent with the offerings of Chevron's competition in the gasoline sales /c -store market and offers an opportunity for relocation of an existing ABC license issued within the city limits off Baldwin Park to a safe, well - controlled environment and to a responsible corporate retail entity. Required Findings A. B. C. D. E. F. G. H. I. Conditionally permi«ed: Alcohol Sales (for offisite consumption) is permitted with a CUP in the "CF" — Commercial Freeway zoning district. Zone integrity and character: The sale of beer & wine is a complimentary use to existing Chevron convenience store and, therefore, will in no way impair the integrity and character of the zone in which it would be located. Site suitability: In that the site is currently improved with a Chevron convenience store, the site is physically suitable for the Use Permit being requested. Existing compatibility: The existing uses of the site are primarily geared towards take -out (offsite) eonsumables (gasoline, convenience store, fast food) and, therefore, the sale of beer and wine for offsite consumption is a fully compatible addition to the site offerings. Future compatibility: In that the Chevron c -store is a long term tenant of the co- branded facility on the site, the addition of alcohol sales will be fully compatible with existing and future uses within the zone. Utilities and services: The proposed use will in no way impact existing utilities and the presence of Chevron's corporate operations will ensure that the addition of the use will not be detrimental to public health and safety. Public access: The site is fully accessible to the public, both pedestrian and vehicular. General flan consistency: As an additional offering to an existing, General Plan compliant use (Chevron's c- store), the Use will be consistent with the General Plan. Safety and welfare: The addition of alcohol sales for offsite consumption brings the Chevron c -store into alignment with similar convenience offerings and, therefore, will not be detrimental to the public interest, health, safety, convenience or welfare. Project Description /Justification Chevron Products Company is proposing dedicate two (2) of the existing cooler doors in their convenience store located 3160 Baldwin ParkBlvd. to the sale of beer & wine for off -site consumption. In order to facilitate this, Chevron plans to buy an existing ABC license from within the limits of the City of Baldwin Park (previously in use at 1640 Puente Avenue. In response to Zoning Code Sections 153120.060 (Use Regulations) and 153.120.080 (Security Regulations) related to alcohol sales, transmitted with this application for CUP is a copy of Chevron's 16 "Steps to Sundown and Robbery Deterrence" and the associated daily executed checklist. Additionally, included in the drawing set prepared for this application is a floor plan indicating — 1) the location of the cooler doors proposed to be dedicated to alcohol sales, 2) the locations of existing security cameras in the c -store and; 3) the locations of proposed additional security cameras to be added per the recommendations resulting from a pre - application security analysis and site visit conducted by Chevron Security. The proposal to add alcohol sales (for off -site consumption) is consistent with the offerings of Chevron's competition in the gasoline sales /c -store market and offers an opportunity for relocation of an existing ABC license issued within the city limits off Baldwin Park to a safe, well - controlled environment and to a responsible corporate retail entity. ACTION MINUTES Oq PLANNING COMMISSION OF THE CITY OF JAOJp' BALDWIN PARK Baldwin Park City Hall 14403 E. Pacific Avenue, Baldwin Park, California Council Chamber Wednesday, December 10, 7:00. rn PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR 1) Minutes from November 12, 2014 ACTION: Approved 5-0. Moved by Commissioner Padilla and seconded by Commissioner Valenzuela. wrflmr.: W 1) A REQUEST FOR CONSIDERATION • A TENTATIVE PARCEL MAP TO SUBDIVIDE ONE (1) LOT INTO TWO (2) LOTS FOR RESIDENTIAL; PURPOSES WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT • TABLE 152.10 IN THE CITY'S MUNICIPAL CODE (LOCATION: 13601 FOSTER AVE; APPLICANT: LILY XIAO; CASE NUMBER: PM-1421). The following individuals spoke on the project: Rosie Hernandez David L. Muse, Chair Ken Woods, Vice Chair Members Present.- Mario Maciel, Jr., Commissioner Gilbert Padilla, Commissioner Joanna Valenzuela, Commissioner Amy L. Harbin, AICP, City Planner Staff Present: A David J. Olivas, Assistant City Attorney Geraldo Marquez, Planning Technician Irving Anaya, Planning Technician PUBLIC COMMUNICATIONS CONSENT CALENDAR 1) Minutes from November 12, 2014 ACTION: Approved 5-0. Moved by Commissioner Padilla and seconded by Commissioner Valenzuela. wrflmr.: W 1) A REQUEST FOR CONSIDERATION • A TENTATIVE PARCEL MAP TO SUBDIVIDE ONE (1) LOT INTO TWO (2) LOTS FOR RESIDENTIAL; PURPOSES WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT • TABLE 152.10 IN THE CITY'S MUNICIPAL CODE (LOCATION: 13601 FOSTER AVE; APPLICANT: LILY XIAO; CASE NUMBER: PM-1421). The following individuals spoke on the project: Rosie Hernandez December 10, 2014 Page 2 ACTION.- Approved 5-0. Moved by Commissioner Padilla, and seconded by Commissioner Valenzuela. 2) A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR THE OFF-SITE SALES OF BEER AND WINE (TYPE 20) IN CONJUNCTION WITH A CONVENIENCE STORE PURSUANT TO SECTION 153.120.050.A.1 IN THE CITYS MUNICIPAL CODE. (LOCATION: 3160 BALDWIN PARK BOULEVARD; APPLICANT: BOB ABBOTT WITH STANTEC ARCHITECTURE, REPRESENTING CHEVRON CORPORATION; CASE NUMBER: CP-818.) The following individuals spoke on the project: Larry TidlNe-11 ( ?)— representing Stantec Arch itect, i ra� \. . re, q Rosie Hernandez Martin De (?)—Regional Manager for Chevron Dan CaInan ACTION: Moved by Chair Muse to bring back to the next regularly scheduled Planning Commission meeting a resolution of denial, seconded by Commissioner Maciel. Approved 5-0. 3) A REQUEST FOR CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL ON MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A SPECIFIC PLAN AMENDMENT TO SPECIFIC PLAN 06-01 FOR THE DEVELOPMENT OF A 51 UNIT SINGLE-FAMILY DETACHED GATED CONDOMINIUM PROJECT INCLUDING THE RELOCATION OF TWO WIRELESS COMMUNICATIONS FACILITIES WITHIN THE R-1 (SINGLE FAMILY RESIDENTIAL 1) AND MU-2 (MIXED-USE 2) ZONES. ADDITIONALLY, THE PROJECT INCLUDES A REQUEST FOR A ZONE CHANGE TO APPLY THE SPECIFIC PLAN OVERLAY • ASSESSOR PARCEL NO. 8552-017-004. A RELATED REQUEST IS FOR A TENTATIVE TRACT MAP TO CONSOLIDATE TWELVE (12) LOTS OR PORTIONS THEREOF INTO ONE (1) LOT OF LAND FOR A 51 DWELLING UNIT RESIDENTIAL CONDOMINIUM SUBDIVISION AND ONE (1) LOT OF LAND FOR A WIRELESS COMMUNICATIONS FACILITY WITHIN THE SAME ZONING DESIGNATIONS. LOCATION: SOUTHWEST CORNER OF BALDWIN PARK BOULEVARD AND MERCED AVENUE (LOCATION: ASSESSOR'S PARCEL NUMBERS: 8552-017-004, 8552-017-068, 1 071, 072, f 075, 076, 077, AND 078); APPLICANT: KILL INVESTMENTS, LLC; CASE NUMBERS: Z-554, SP 14-01, AND TM-72195. ipg individuals -spoke on the project:. Jim Powers, representing Applicant Dan CaInan Rosie Hernandez Norma (?) Dan Pregana Luis Dera Edwin Borques CAAmyAMYXW0RDWinutes\1 2-1 0.l 4.doc December 10, 2014 Elias Lima Paae 3 ACTION: Approved 5-0. Moved by Commissioner Padilla, seconded by Commissioner Valenzuela. Motion includes a recommendation of trees within the rear yard areas to reduce the impact of the project on the adjacent Kenmore single-family residences. REPORTS OF OFFICERS 1) Planning Division Monthly Report—November, 2014 ACTION: No action taken. 2) Health and Sustainability Monthly Reports — September /October and November, 2014 ACTION: No action taken. COMM ISSION/STAFF COMMUNICATION 1) Verbal update Vineland Residential Care Facility-3562-3576 Vineland Avenue ACTION: No action taken. 2) Verbal update on the Redevelopment Project Area Overlay—Ordinance 1290 ACTION: No action taken. ,3) , Update on the proposed Irwindale Materials Recovery Facility and Transfer - Station (Location: 2200 Arrow Highway; Applicant: Athens Services) ACTION: No action taken. 4) Verbal update on the proposed resumption of mining and subsequent reclamation of the Olive Pit - -- Bordered by Olive Street, Azusa Canyon, Los Angeles Street and Park Place ACTION: No action taken. ADJOURNMENT The Planning Commission adjourned the meeting at 8:44 p.m. Approved as presented/amended by the Planning Commission at their meeting held on 2—C) AJC�, Cry Amy L. arbin AICP, Secretary qI Baldwin �Zlanning Commission C:�Amy\AMYkWORDXMinutesl12-10-14.doc BALD PLANNING COMMISSION OF THE CITY OF BALDWIN PARK Baldwin Park City Hall 14403 E. Pacific Avenue, Baldwin Park, California Council Chamber Wednesday, January 28, 2015 7:00pm PLEDGE OF ALLEGIANCE [KO]MW A" III PUBLIC COMMUNICATIONS CONSENT CALENDAR 1) Minutes from December 10, 2014 ACTION: Approved 5-0. Moved by Chair Muse and seconded by Commissioner Valenzuela. 1:)� :REQUEST FOR CONSIDERATION, OF A, CONDITIONAL USE� PERMIT FOR AN AUTO REPAIR/RESTORATION BUSINESS WITHIN A MULTI-TENANT INDUSTRIAL BUILDING IN THE 1, INDUSTRIAL ZONE, PURSUANT TO TABLE 153.020.050 IN THE CITY'S MUNICIPAL CODE. The public hearing was not held on this item. The location address on the application was incorrect and hence the item was noticed incorrectly. David L. Muse, Chair Ken Woods, Vice Chair Members Present: Mario Maciel, Jr., Commissioner Gilbert Padilla, Commissioner Joanna Valenzuela, Commissioner AmyL Harbin, AICP, City Planner Staff Present: � A aham ellez,-Asso clate P I anne r Irving Anaya, Planning Technician David J. Olivas, Assistant City Attorney PUBLIC COMMUNICATIONS CONSENT CALENDAR 1) Minutes from December 10, 2014 ACTION: Approved 5-0. Moved by Chair Muse and seconded by Commissioner Valenzuela. 1:)� :REQUEST FOR CONSIDERATION, OF A, CONDITIONAL USE� PERMIT FOR AN AUTO REPAIR/RESTORATION BUSINESS WITHIN A MULTI-TENANT INDUSTRIAL BUILDING IN THE 1, INDUSTRIAL ZONE, PURSUANT TO TABLE 153.020.050 IN THE CITY'S MUNICIPAL CODE. The public hearing was not held on this item. The location address on the application was incorrect and hence the item was noticed incorrectly. January 28, 2015 Paae 2 ACTION: Item continued to February 25, 2015 so that proper notice could be provided. Moved by Commissioner Valenzuela, and seconded by Vice Chair Woods. Approved 5- 0. 2) A REQUEST FOR CONSIDERATION OF A RECOMMENDATION ON A NEW GENERAL PLAN ELEMENT. THE PROJECT IS THE ADOPTION AND IMPLEMENTATION OF THE BALDWIN PARK HEALTH AND •. TO EXPLORE STRATEGIES'AND PROGRAMS TO ADDRESS COMMUNITYt HEALTH AND SUSTAINABILITY WITH THE OVERALL •. OF ENVIRONMENTS FOR i FUTURE RESIDENTS. CITYWIDE; APPLICANT: . PARK; No one spoke during the public hearing. ACTION: Approved 5 -0. Moved by Commissioner Maciel, seconded by Commissioner Padilla. REPORTS OF OFFICERS PERMIT FOR OFF-SITE OF BEER AND WINE (TYPE 20) IN CONJUNCTION WITH A CONVENIENCE STORE PURSUANT TO SECTION 153.120.050.A.1 IN THE CITY'S MUNICIPAL CODE. (LOCATION: 3160 BALDWIN ARCHITECTURE, REPRESENTING CHEVRON CORPORATION; CASE NUMBER: CP-8118.) ACTION: Approved 5 -0. Moved by Vice Chair Woods, seconded by Commissioner Valenzuela. 2) Planning Division Monthly Report — December, 2014 ACTION: No action taken. COMMISSION /STAFF COMMUNICATION 1) Verbal update Vineland Residential Care Facility- 3562 -3576 Vineland Avenue ACTION: No action taken. 2) Update on the proposed Irwindale Materials Recovery Facility and Transfer Station (Lbbati' hi- "2200 Arrow Highway; Applicant: Athens Services)' ACTION: No action taken. 3) Verbal update on the proposed resumption of mining and subsequent reclamation of the Olive Pit - -- Bordered by Olive Street, Azusa Canyon, Los Angeles Street and Park Place ACTION: No action taken. C:\Amy \AMY\WORD\Ninutes\1 -28 -15 PCAoc January 28, 2015 Paae 3 ADJOURNMENT The Planning Commission adjourned the meeting at 7-35 p.m. Approved as presented/amended by the Planning Commission at their meeting held on 2�512-0-IC5., - A-Ky L. arbi%AICP, Secretary Baldwin P nning Commission C:\AmyAM)'\WDRDMnutes\1-28-15 PC.doc F.A v 8 VETO I I UV 19 1 M M.- RESOLUTION[ PC 96 -30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK APPROVING A CONDITIONAL USE PERMIT ALLOWING A VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A PROPOSED FAST FOOD RESTAURANT AND A SERVICE STATION (APPLICANT. ROBERT FISCUS AND ASSOCIATES FOR CHEVRONIMCDONALD'S; LOCATION: 3160 BALDWIN PARK BLVD.; CASE NO.: CP -555). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: aE TIN! 1. That the Planning Commission of the City of Baldwin Park does hereby find, determine, ano declare as follows: (a) That an application ( 'Application') for a conditional use permit was submitted on behalf of the owner of certain real property, located at 3160 Baldwin Park Boulevard, in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) That the Application was sought to allow a vehicular drive -thru in conjunction with a proposed fast food restaurant and a service station pursuant to Secbons 153.152.H and 153.152:0 of the City's Zoning Code; and (c) That a duly noticed public hearing was held on said Application by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the facts as required by the Baldwin Paris Municipal Code for the granting of such Application are present and that the conditional use permit should be granted, subject to the terms of this Resolution. SECTION 2. That the Planning Commission does hereby adopt the following Findings of Fact: (a) That the site is adequate in size and shape to accommodate the proposed vehicular drive -thru as the subject property is approximately 25,000 square feet and part of the lamer "Sierra Center,- and (b) That the site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of traffic generated by the proposed use, as the subject property has direct access to Baldwin Park Boulevard, a major arterial as designated by the City's General Plan; and (c) That the proposed use will not have an adverse impact upon uses adjacent to the subject property as the proposed restaurant with a drive -thru is part of a larger scale shopping center; and (d) That the proposed use is in conformance with the General Plan of the City of Baldwin Paris. Resolution PC 96 -30 November 13, 1995 Page 2 of 3 SECTION 3. That the conditional use permit be and the same is hereby granted, subject to the following conditions: (a) That the site shall be developed and maintained in substantial compliance with Exhibit "A" dated November 13, 1996; and (b) That ceramic file matching the Sierra Center, shall be utilized along the base of the elevations; and (c) That all signs shall require separate permits and fees; signs shall be subject to review by the Planning Division; and hi) That landscan ing shall be placed adjacent tv the trash enclosure. The Landscaping and irrigation plans shall be revised to reflect this condition and shall be submitted to the Planning Division for review and approval; and (e) That all mechanical equipment shall be thoroughly screened from public view; and (f) That all bare metal shall be painted to match the building; and (g) That the Bottle Trees as indicated on the Landscaping Plans shall be eliminated and replaced with either Fernleaf Wattle or Cooiibah trees; and (h) That for total parking spaces between 51 to 75, three handicapped spaces are required; and (i) That the Applicant shall submit to the Planning Division within ten (10) days of the approval of this Resolution a check in the amount of $25.00 made out to the Los Angeles County Clerk for the filing of the Notice of Exemption; and 6) That the Applicant shall comply with all conditions of approval within twelve (12) months after the date of approval of CP -555 or CP -555 shall become null and void and will be subject to revocation. Any costs associated with the revocation of this conditional use permit will be paid by the Applicant and/or property owner; and (k) That the Applicant shall sign a notarized affidavit within thirty (30) days of the adoption of this Resolution stating that the Applicant has read and accepts all of the conditions of approval. SECTION 4. That the Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant PASSED AND APPROVED this 13th day of November, 1995. EDWARD HUETINCK, CHAIRMAN BALDWIN PARK PLANNING COMMISSION Resolution PCA6-30 November 13.1QQG Page 3of3 - I AWRENCE ONAGA,-SECRETORY BALDWIN PARK PLANNING COMMISSION STATE OFCALIFORNIA ) COUNTY DF LOS ANGELES)SS. CITY OFBALDNNPARK ) |. LAWRENCE 0NAGA, Secretary of the Baldwin Park Planning Cummismion, do hereby certify that the foregoing Resolution No. PC 96'30 was duty and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 13th day of November, 1996 by the following vote: /Y/ES: COMMISSIONERS: Martinez, Oclaray, Galindo, Huetinck NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Holguin ABSENT; COMMISSIONERS: LAWRENCE ONAGrA- BALDWIN PARK PLANNING COMMISSION . r The Objective of this policy is to establish guiding development standards and provide standard conditions of approval for those Applicants seeking conditional use permit for alcoholic beverage sales within the City of Baldwin Park in accordance with Section 153.120.050 in the City's Municipal Code. Since 1981 the City of Baldwin Park's Municipal Code requires that any new alcoholic beverage sales, both on -site and off -site sales, obtain a conditional use permit by the Planning Commission and /or City Council on appeal. In 1993 (Ordinance 1072), the Municipal Code was amended to include development standards and definitions for those establishments proposing to sell alcoholic beverages. Definitions were included, such as minor commercial retail establishment, meals, off -site outlet (grocery store), on- site outlet (restaurant), abandonment of an establishment, and service club. Development standards included cash register location, property maintenance plan, and security plans. In addition, staff has several standard conditions of approval which are typically included on all conditional use permits as relevant to the proposed location and type of alcoholic beverage sales, either on -site or off -site. Given the City's promotion of a healthier City by establishing and implementing numerous policies, strategies, and ordinances, including the Health and Sustainability Element for the General Plan and No Smoking Ordinances for pubiically owned properties and multi - family residential properties, the City Council is desirous to continue this forward thinking movement and has directed staff to create a policy which includes, but is not limited to, new development standards, limitations on the increase in off -site licenses within City boundaries, and typical standard conditions of approval relating to alcoholic beverage sales. DEVELOPMENT STANDARDS 1) Floor area for proposed new off -site outlet licenses shall be no less than 14,000 square feet of floor area, unless Applicant is proposing to relocate an existing off - site license within the City of Baldwin Park boundaries to a new location within the City's boundaries. 2) Off -site sales outlets shall not devote more than three percent (3 %) of their overall floor area to the sales and display of alcoholic beverages. 3) Promote conditional use permit applications for `Eating Places; as defined by the CA Department of Alcoholic Beverage Control (ABC) (License Type 41 and/or 47) TYPICAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT {CUP) (ON AND OFF-SITE SALES 1) Conditions of approval typically included with off -site sales CUP's: a) Hours of sales b) No loitering c) Removal of graffiti within 24-48 hours d) Site shall be kept in a neat and orderly manner e) Security cameras 9 Reduction in allow area of window signage g) Prohibition of individual sales of cans or bottles (primarily applies to beer) h) Security maintenance plan j) Compliance with Alcoholic Beverage Control (ABC) regulations j) Maintain current emergency information on file with the City's Police Department 2) Conditions of approval typically included with on-site sales CUP's: a) Sale of alcoholic beverages (e.g. 'last call') b) Hours of operation c) Signage: No alcoholic beverages may be removed from premises d) Alcoholic beverages shall be served and/or sold with a meal and not with items commonly considered to be shack food (e.g. chips, pretzels, peanuts and the like) e) Provision to provide public transportation :Information to those patrons which appear intoxicated. if public transportation is not available, a taxi shall be called. On-going, up to date list of taxi services within Baldwin Park f) Noise conditions for those places with live entertainment , karaoke or similar. g) Compliance with Alcoholic Beverage Control (ABC) regulations h) Security system/cash register placement The above conditions are not intended to be the complete listing of conditions for all potential conditional use permit applications. Staff reserves the right to include all conditions of approval which are specific to the proposed location /site and overall proposal as submitted by an applicant. 2 ♦ ♦ a � � � - 1748 -Main St. -- �OR Escalon, CA 95320 C Ph: (209) 838 -1100 Fax: (209) 838 -1115 ESCROW INSTRUCTIONS ALCOHOLIC BEVERAGE LICENSE TRANSFER ONLY To: California Business Escrow, Inc. Escrow No. 14- 3150 -DB 1748 Main Street Date: April 15, 2014 Escalon, CA Escrow Officer Diane Boudreau (209) -838 -1100 FX (209) -838 -1115 CALIFORNIA BUSINESS ESCROW, INC. IS LICENSED BY THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA-, LICENSE NO. 963 7062 These instructions are given this April 15, 2014 by and between the SELLER (herein called SELLEPUTRAN S FERO R), FRESH & EASY NEIGHBORHOOD MARKET INC, A DELAWARE CORPOR_kTION whose address is: 2120 PARK PLACE SUITE 2€0, EL SEGUNDO, CA 90245 Arrd ufic BUYER (Hereinafter wiled BUYER/TRANSFEREE); CHEVRON STATIONS, INC., A DELAWARE CORPORATION whose address is: 145 S STATE COLLEGE BLVD STE 400, BREA, CA 42821 The subject of this escrow, which Seller1Transferor owns and agrees to sell and BuyerlTransferee agrees to purchase from Seller/Transferor, subject to all conditions and contingencies stated herein, is the following described alcoholic beverage license: OFF SALE BEER AND WINE LICENSE NO.20- 469750 now issued for premises at: 1640 PUENTE AVE, BALDWIN PARK, CA 91706 for transfer to premises at 3160 BALDWIN PARK BLVD, BALDWIN PARK, CA 91706 under the terms and conditions as stated herein. IT IS AGREED BETWEEN THE SELLERITRANSFEROR AND BUYER/TRANSFEREE THAT, REGARDLESS OF DATE HEREINAFTER SET FORTH FOR PAYMENT OF THE CONSIDERATION, NONE OF THE SAID CONSIDERATION WILL BE PAID FOR THE TRANSFER OF THE LICENSE(S) LTNTIL SUCH TIME AS ESCROW HOLDER HAS BEEN NOTIFIED IN' WRITING BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ( "ABC ") THAT THE LICENSE HAS BEEN' TRANSFERRED. 'fatal Purchase Price of said license shall be the sum of 525,000.40 Payable as follows: S L i1 initial Deposit Deposit Prior to close of Escrow Total Cash Thru: Total Consideration: Seliers initials ,Fu+er's Initials (R) i. Escrow shall be deemed opened when these instructions, signed by all parties, are deposited with Escrow Holder. Escrow shall close upon issuance of subject alcoholic beverage license to the Buyer /Transferee by the Department of Alcoholic Beverage Control. 2. In addition to the Purchase Price, BuyeT Transferee agrees to pay I00% of the escrow fees and costs in this transaction. For its ordinary services hereunder, and immediately upon acceptance of this escrow; California Business Escrow; Inc., shall be entitled to a non - refundable escrow fee of SI1200.00 payable by Buyen7ransferee. Additional fees and costs which can be charged include; without limitation, courier, messenger, overnight mail. California Business Escrow, Inc., is authorized and instructed to deduct the costs from the Transferee's deposit and is re.Ieased from any and all liability for disbursement of Buyer/Transferee's earnest money deposit. 3. Seller /Transferor agrees to pay 100% of the costs (including courier /overnight sen ices) associated with processing creditor claims arnri /ar claims by taxing authorities against Celler/Trnnsfe-ror, if apkable. There will }..e g charge of —._. against .._......_ YY....... will for each claim paid through escrow, payable by Setler/Transferor and 550.00 for processing each disputed claim, payable by Transferor. — 4. In the event that escrow fails to consummate for any reason, California Business Escrow, Inc., is authorized to retain its costs and fees associated with this escrow from any money deposited with it without further authorization. 5. Pursuant to Section 24073 of the Business and Professions Code of the State of California, Seller/Transferor and Buyer,'Transferee will cause the Notice of Intended Transfer to be fled for record in the office of the county recorder and provide a copy of said notice, certified by the county recorder, to be deposited with the Department of Alcoholic Beverage Control. 6. Within the latter of thirty days after application has been filled ve th the Department of Alcoholic Beverage Control or any extention of the filing period set forth in Section 240743 of the Business and Professions Code of the State of California, the Buyer/Transferee will cause to be handed to Escrow Holder the full amount of the Purchase Price as set out above. Escrow Holder is instructed to then execute and forward ABC form 22 P __5" to the Department of , Alcoholic Beverage Control, indicating that the consideration has been deposited into the escrow. 7. If notified by the Department of ,Alcoholic Beverage Control that any tax agency, under the provisions of Section 24049 of the California Business and Professions Code, has a hold on the transfer of the ABC License, preventing the issuance of the ABC License to the BuyenTransf ree, then California Business Escrow, Inc., is authorized and instructed to pay, from funds on deposit in escrow, the amount of taxes demanded by any such agency and deduct same from Seller's:.7ransferor's proceeds without further authorization from any party required. y 8. All claims approved by Seller/ Transferor shall be deemed to be bona fide and California Business Escrow, Inc. may pay such approved claims. Should any claims be filed, which the SellenTransferor refuses to approve, all parties agree to proceed in accordance with Section 24074 of Business and Professions Code of the State of California. 9. BuyerrTransf ree shall make application for the transfer of the subject ABC license at the office of the Department of Alcoholic Beverage Control and the ABC License Transfer Fee shall be paid by the Buyer..- Transferee. In the event the ABC License has not been issued to the BuyeriTransferee prior to FEBRUARY 28,2015 (next renewal date), both panes understand that it is the Buyer's'Transferee`s responsibility to pay the ABC license renewal Fee to the Department of Alcoholic Beverage Control on or before the current renewal date from funds an deposit in escrow with no further instruction on the part of any party required. The Buyer/Transferee and SelleriTransferor further instruct and authorize Escrow Agent to pay from Buyer's/Transferee's funds on deposit in escrow all renewals t iat come due before the Authority to Close is received from the Department of Alcoholic Beverage Control. The Setler,Transferor warrants that the ABC License is currently in good standing with the Department of Alcoholic Beverage Control. This escrow is contingent upon the issuance of said ABC License to the Buyer by the Department of Alcoholic Beverage Control 10. California Business Escrow, Inc is instructed to act in accordance with sections 24049 and 24074 of California Business and Professions Code. Seller's Initials uyets tnitias I I. The parties have deposited with California Business Escrow, Inc (if applicable in this transaction), a form letter ( known as a Rule 64B Request) under Section 24044 of the Business and Professions Code of California, whereby -.the- _ Department - of Alcoholic _Beverage- Control -shall be- requested -to issue--the subject license to the Buyeri7ransferee with the same to be held by the Department of Alcoholic Beverage Control pending Buyer's[Transferee's request for the delivery of the same. Escrow Holder is to forward the said letter when informed that the proposed premises to be licensed have been sufficiently completed to comply with the requirement of the Department of Alcoholic Beverage Control and that the license be issued and escrow closed with no unnecessary delays: 12. The parties hereto understand that this escrow is accepted by California Business Escrow, Inc., as Escrow Holder, predicated on the representation of the parties that there will be sufficient funds deposited into escrow to pay all creditors, costs, expenses and fees incurred in this escrow in full. If sufficient funds are not deposited; then California Business Escrow, Inc- has the absolute right, at it's sole option, to resign as escrow agent by giving at least ten (10) days prior written notice of such intent to all parties concerned, paying a] I costs, fees and expenses incurred in this escrow from any funds on deposit with it, and returning any remaining funds to the party who has deposited same. 13. NO REAL ESTATE. TAX OR LEGAL ADVICE: Escrow Holder does not provide any real. estate, tax; legal or other advice concerning this transaction, or advice on the validity and effect of any of the documentation concerning the transaction_ The parties are specifically directed to their own independent real estate professional, attorney and accountant for any such advice. The parties acknowledge that any comments made by Escrow Holder concerning the transaction are not meant to provide such advice, but only to aid in facilitating the performance of Escrow Holder's duties arising hereunder. 14. AFFILIATIONS Escrow Holder discloses to the parties that Michael Brewer and Michael DeRuosi are affiliated with California Business Escrow, Inc. 15, ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS The signatories to these escrow instructions` hereby direct Escrow Holder to also comply with the following: A. Escrow Funds. All funds received in this escrow may be deposited with funds from other escrow's in a general non - interest earning trust account in any state or federal bank of Escrow Holder's choosing. No interest shall be paid to the party depositing money with Escrow Holder. The parties recognize that the FDIC insurance on this account may not be sufficient to cover all of their specific deposit, but request that Escrow Holder maintain all funds in such account. All disbursements shall be made by Escrow Holders check on this account. B. Fees and ExBenses. Buyer agrees to pay Escrow Holder's customary and reasonable charges and fees and a1l other costs and expenses incurred by Escrow Holder on behalf of Buyer7ransferee. Escrow Holder may, in Escrow Holder's discretion, charge additional fees to the Buyer for services which are beyond those usual in this type of escrow, attorney consultation fees, and any special courier fees above the standard courier use and charge those costs to the responsible Parties. If for any reason, Escrow Holder is required to appear in and/or defend any litigation, arbitration or- administrative proceeding conceming this escrow as a party or a witness, the parties jointly and severally shalt pay Escrow Holder for all reasonable costs, expenses and losses incurred by Escrow Holder in such matter, including Escrow Holder's reasonable attorney's fees. If, in Escrow Holder's discretion; Escrow Holder deems it necessary to obtain legal advice regarding any issue in this escrow, the parties, jointly and severally, shall reimburse Escrow Holder for any reasonable fees and expenses incurred. C. Disclosures. Escrow Holder has no responsibility to give any disclosure not required by law to be given by an escrow agent. D. Instructions. Escrow Holder need comply only with the written instructions deposited in this escro -w. If Escrow Holder receives any form of contract pertaining to the transaction on which this escrow is based, Escrow Holder has no responsibility to enforce or comply with the terms of it except as described in these Seller's Initials Ekver's Initials instructions. A signature on these instructions and any document concerning this escrow means that the signatory has read, understands and approves the instruction or document. Escrow Holder has no responsibility to determine the validity or sufficiency of any ciocumecif or signature on any document deposited in tills escrow, unless fuitlier written Escrow Instructions to do so are received and the additional escrow fees are deposited. Any purported oral instructions, amendment, supplement, modification; notice or demand deposited with Escrow Holder b y the parties or either of them shall be ineffective and invalid. The Escrow Instructions and supporting documents may be executed in counterparts, each of which shall be deemed an original regardless of the date of its execution and delivery. Ali such counterparts together shall constutute the same document. The parties acknowledge and understand that you, as Escrow Holder, are not authorized to practice the law nor does Escrow Holder give financial advice. The parties are advised to seek legal and financial counsel and advice concerning the effect of these Escrow Instructions, Escrow Holder shall not comply with any notice, demand or instruction that is not in writing. Escrow Holder may furnish copies of the escrow instructions and closing statements to real estate brokers and liquor license brokers representing the parties to this escrow, the Department of Alcoholic Beverage Control; and any lender to a party. E. Conflicts in Escrow Instructions, DIsputes. If ESCrow Holder receives any conflicting notices, instructions or demands, or cannot close this escrow for any reason, in Escrow Holder's reasonable sole discretion and without any liability, and without concern over the merits of any disputes between the parties, Escrow Holder may tape any reasonable action Escrow Holder deems appropriate, including no further action in this escrow until the conflict is resolved, or the bringing, of an interpleader or other litigation. The parties, jointly and severally, will pay promptly on demand any reasonable costs, expenses and losses incurred by Escrow Holder in complying with this instruction, including Escrow Holder's reasonable attorney's fees. Escrow Holder's reasonable fees and the costs incurred in this escrow may be taken from any monies on deposit with Escrow Holder, the parties assume responsibility for determining liability for payment between themselves. F. Attorney`s Fees. If any legal action, arbitration or other proceeding is brought relating to these instructions or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of the transactions involved in these instructions, the successful or prevailing party shall be entitled to recover ressonable costs incurred, including reasonable attorney's fees. In any collection of monies due hereunder without litigation, the collecting party shall be entitled to its costs, including reasonable attorney's fees. G. Closing; Cancellation; Payment of Fees and Costs. Escrow Holder shall close as soon as possible unless Escrow Holder receives a written notice of cancellation. On receipt at any time of a notice of cancellation, Escrow Holder shall mail a copy to all other parties at the addresses on these instructions. In the event of cancellation, Escrow Holder may take from any monies on deposit with Escrow Holder any sums necessary to pay all fees and costs incurred in this escrow. It is further understood that all notices, demands and instructions must be in writing and executed by all parites H_ Corrections. In the event monies are disbursed incorrectly by Escrow Holder for any reason, each party agrees to cooperate with Escrow Holder and to promptly return to Escrow Holder any monies disbursed incorrectly to himr'herjit immediately upon notice from Escrow Holder. If any legal action, arbitration or other proceeding is brought to collect monies incorrectly disbursed, the successful or prevailing party shall be entitled to recover costs incurred, including reasonable attorney's fees. Escrow Holder is further instructed and authorized to make any corrections necessary regarding perfecting any and all premise addressess, corrections of any and all names and any and all other necessary documents that need to be re- recorded to reflect any changes, without further instruction from either parties. L Forms. The parties understand the forms used by Escrow Holder are generally in use in the industry, and assume the responsibility of making certain those forms and the completion of thetas by Escrow Holder accurately describes the intended transaction. J. Venue for Litieation. All rights and duties of the parties hereunder shall be governed by the laws of the State of California, and any litigation, arbitration or other proceeding brought regarding this- escrow; - shall be brought in a court or tribunal of appropriate jurisdiction closest to San Joaquin County, California K Time is of the Essence. The parties shall cooperate with Escrow Holder in carrying out the escrow instructions they deposit with Escrow Holder and completing this escrow. The parties shall deposit into escrow, upon request; any additional funds, instruments, documents, the Department of Alcoholic Beverage Control required documents, instructions, authorizations, or other items that are necessary to enable Escrow Holder to Seller's initials Buyer's,Iriiftals comply with demands made to Escrow Holder by third parties, or to otherwise carry out the terms of their instructions and close this escrow. Both parties further understand that "time is of the essence" and will facilitate any ... needed documents in a timely manner. Notwitl? standing anything to the contrary and in-addition-to any other contigency or condition, Buyer's/Transferee's obligation to purchase the Iicense(s) shall be subject to the ABC approving the transfer to Buyer's/-[ T ransferee's and Seller's. Transferor's performance. L. Destruction of Escrow File. Escrow Holder may destroy and dispose of all documents in this escrow after seven (7) years of closing or cancellation of the escrow without liability or further notice to the parties.`" In the event of any dispute or litigation the escrow file will remain available and intact until such time as the matter has been resolved. Buyer and Seller acknowledge that they have read, understand, accept, approve and hereby create, execute, and enter into the foregoing escrow and instructions, each party acknowledges receipt of a copy hereof. BUYER: SELLER: CHEVRON STATIONS, INC. FRESH & EASY NEIGHBORHOOD MARKET INC A DELAWARE CORPORATION A DELAWARE CORPORATION By: _ JERRY A 1IA, VPiSECY MARY KASPEF, VPISECY r t Seller`s Initials _r uver's Initials ♦ J CITY OF BALDWIN PARK - CHAPTER 153: ZONING CODE Administrative Procedures 153.210 § 153.210.480 - Determination The Planning Commission may impose conditions and /Or require guarantees for the conditional use permit to ensure compliance and to prevent adverse or detrimental impacts to the surrounding neighborhood. Conditional use permits shall be granted when the Planning Commission determines that the proposed use or activity complies with all of the following findings: A. Conditionally permitted. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this chapter. B. Zone integrity and character. The use will not impair the integrity and character of the zone in which it is to be located. C. Site suitability. The subject site is physically suitable for the type of land use being proposed. D. Existing compatibility. The use is compatible with any land uses presently on the subject property. E. Future compatibility. The use will. be compatible with existing and future land uses within tiee zone and the general area in which the proposed use is to be located. F. Utilities and services. Adequate provisions for water, sewer and public utilities and services are available to ensure that the use will not be detrimental to public health and safety. G. Public access. Adequate provisions for public access are available to serve the use. H. General Plan consistency. The use is consistent with the General Plan. I. Safety and welfare. The use will not be detrimental to the public interest, health, safety, convenience or welfare. '§ �3.21�0.,4490 - Limited Time Approval The Pla;m. g C ssion may approve a condition specifying a term fo 1 e conditional use permit is valid. The app ay be contingent upon en acceptance and continued observance of specified conditions, inc a ted to, any of the following: A. Substan Substantial conformity to app and drawings. 153210 Administrative Procedures 153.210 -22 � � �- �, � � ' � � � � � � � r a� � � / � ' i � � rage t or 4 What: Steps to Sundown and Robbery Deterrence Note: This operating procedure, Steps to Sundown and Robbery Deterrence, under 1 Safety and Security > 1.05 Security, is a required procedure at Chevron's company - awned, company - operated service station locations. ExtraMile franchise locations are not required to comply with this 7rocedure. This procedure information is offered to ExtraMile franchise operators to use in their iiscretion. Objective: To create a safe operating environment in starting night duties, in order to minimize the possibility of an attempted robbery Safety Tips: hen walking around the site, be sure to wear a safety vest. Frequency: Daily Time: JUL 0� ; r 30 minutes How: The Steps to Sundown are: 1. All lights (i.e. canopy lights, perimeter lights, and inside lights) are on. 2. Empty outside /forecourt trash cans into a site dumpster (if available). 3. All staff members are in approved uniform. 4. Supplies are fully stocked. 5. Windows are free from obstructions. 6. Office, storeroom, and tube bays are locked. 7. Remote door lock on main entrance is operational (where applicable). 8. CCTV system is working. 9. All keys are accounted for and stored. 10. Check if alarm is operational (where applicable). 11. Remote panic buttons are issued to staff (where applicable). 12. Walk the site and note any unfamiliar items or people. 13. Staff members are aware of unaccounted cars in the parking lot. 14. incoming cashier is aware of maintenance issues. 15. All cash are secured in the register or time delay cash controller. The cash controller is operational and change is available. 16. SM or ASM to verify all dispenser security seals are in place on the dispensers and the UST Monitoring console (TLM) Note: At tier 3 sites, which have remote door locking systems, it is Chevron's practice to change the front entrance from automatic to manual opening from 8:30 pm until daylight. The standard procedure https:llbusinesspoint. chevron .comIGlobalCommonIGlobal_S opIGlobai_Safety_and_Securi... 6/25/2014 Page 2 of 4 is for doors to be opened only after a customer approaches the door and has been identified. In the above situation, it is important.to ensure having the correct, size transaction drawer is in place in order to serve customers through the transaction drawer. More Information on how to minimize the chances of being robbed: General Guidelines on Cash Control: • Minimize the amount of cash in the cash drawer. • Have your staff work with a smaller float in the late evenings and early mornings. • Do frequent safe drops. • Never keep hidden cash to break large bills. • Never keep hidden coin rolls. Use the time delay safe to dispense extra coins. • Do not prepare the next shift's float "ahead of time ". This float should be prepared during shift overlap between cashiers. • Each cashier should verify and sign off on closing /opening counts of lottery, pre -paid phone vouchers, etc. • When the cash drawer is open, never turn your back or let yourself be distracted. • If you have a 2nd cash register and it is not in use, prop the empty cash drawer up to show that it is empty. • Never leave the safe door open. • If possible, engage your magnetic door locks while emptying the safe. • Do not count cash and complete paperwork at the front counter during shift change; instead, use the backroom. You never know who might be observing you. • Spot check on takings in the cash register. This should be done from time to time to check takings and float accuracy. Merchandise Control • Treat lotto scratch tickets, gift certificates, product coupons, and all other vouchers, especially prepaid phone vouchers, as cash. • Record the serial numbers of the cards that are issued to staff in order to cancel them if stolen. • Lotto scratch tickets, gift certificates, product coupons, and all other vouchers are often targeted by robbers because they can quickly be turned into cash. • Like cash, all vouchers should be stored in the time delay safe, not in an office drawer. • Ensure that a control mechanism is in place to record the issue and the sales of prepaid phone vouchers. • Treat cigarettes like cash. • Minimize the amount of cigarette inventory out front to what you expect to sell on a shift. • The rest of your cigarette stock should be secured and locked in the back storeroom. • Ensure to take particular care of cigarette stockholding between sundown and sunset, as these items are high risk items, which are prone to be stolen. • Stock take spat - checks should be done from time to time on high value items to check for any problem areas. Good Lighting and Visibility • Ensure that all inside and outside lights are operational (as required). Burnt out lights should be replaced or reported ASAP. • Remember, it is just as important to be able to see in as it is to be able to see out. https: /fbusinesspoint. chevron .corn/GlobalCommon /Global_ Sop /GlobaI_Safety_and_Securi... 6/25/2014 rage -1 or � Ensure that sun blinds are only used as and when required and are placed in the up position as soon as possible. Ensure that point of sale signs, banners, and displays or counter displays do not block your view outside or your view within the store/kiosk. Keep them higher than 2 Meters (7 feet) or lower than I Meter (3 feet). Secure Facility • Doors to back rooms and back offices must be closed and locked at all times. They must never be propped open. • When you or your designate are processing cash receipts, ensure that the office door is locked. Do not allow interruptions or distractions. You should only open the door once the safe is locked. • When processing is finished and the deposit is prepared, use the intercom (where available) to ask the cashier to start the opening count down on the time delay safe. When the safe is ready to be opened, bring the deposit out to the front. After the safe has been opened, place the deposit inside. Secure immediately. • Ensure that your magnetic door locks are used appropriately and as required. • When doors are locked, the transaction drawer should be used to pass through merchandise, etc. • Ensure the following: the CCTV recording system is properly used, tapes are reviewed, and the staff is aware of this practice, • Ensure that all safety & security decals are displayed. • Ensure that you have an up-to-date Emergency Contact Sheet posted at the front cashier area, as well as at the back office. Check monthly to ensure correctness of the contact numbers, • Ensure that any unauthorized vehicle has been taken note of. Customer Awareness • Greet every customer as they come in through the front door. • Make eye contact. Be aware of who are in the store and how long they have been there. If there are some people loitering in the store, ask if you can help them find something. • Stay active in the store. Clean, stock shelves, and move around. • Be aware of who are in the lot and what they are doing. If necessary, call the police. • Always lcf--ep safety at the top of your mind. Encourage Police Involvement • Get to know your local police. It is recommended to invite them to come in for coffee. • During investigations with the police, use your back room to complete paperwork. Park on the lot in the evening, during the night, in between calls. • Call the police in instances of: • there are people loitering in the lot and looking suspicious; • it appears that someone is observing the site and/or your movements; • a fight starts between customers; • you feel threatened and/or a customer is being abusive. • It is your responsibility to alert the police for any potential problems. Person Responsible: https:llbusincsspc)int.chcvron.comIGIc)ba]CommonIGIc)bal—SopIGIc)bal—Saft-,ty_and_SecuH,.. 6/25/2014 Page 4 of 4 Value Drivers:-- Operational Excellence Measure Standard: Steps to sundown are completed daily. Resources: Rev 09/19/2012 https.ilbL,sincsspoint.chevrc)n.comICilobaICc)rnmoalCilobal—SoplOic)bal—Safet,v—and—S--Curi... 6125/2014 O ro O m 3 -2- (D F— (D w CL 0 M Ln 3 —0 1, co I c" I z:, w �j o a) in Cn > C) 0 3 CD EO CD < CD CD CD =r F = 0 CD CD -0 > ID cn :3 rn n CD w: :03- 0 0 m o CD HT Cn CD C) 0 0 CD 0 0- -0 CD an) CD 0 . 0 CL CD 0- =r 0 m =3 ID — w M W :O :r W-- M IT CD tt 3 D C) CD 3 —.5. w E0 w C 0 CD M C) a) =3 E7 A CD CD 0 C- Z3 w O CD 0- FD CD 9 m CD 3 3 ID -0 0- ET to a -. -- 0 W CD 0 ::3 ��, F c - @ CL ci, CD CD -0 F In 0 C', 0 Z3 0- * 0 0 :T E a = ;� ED ID :!� CD 0 - -, - �,Q 2 C. !� 3 2� 0 0 CD W 0 CD CD x 0 CD 0 0 w 0 ism 77 0 CD CD 0 CD a) - ;0, 0 CD 0 @ ) 0 3 CL E 07 m w g CD w i M- ::� 0 3 w 0 a' 0 ��- E: 0 w 0 7� A, CD CL 0 :E ;zW. -0 w — 0 cD 0 El < CD m - '0 w a 7, 3 ED < w (D I:L CD CD CD, w ::t C 3 Z o W. CD M < 11: W, CD 3 -1 > CD a CD 3 O 0 En rf. CD CD 0 U) 0 CD U) w sv il CD 0 -0 CD sn CD < — 0 0 3 FF CD cn CD CD I 0 0 3 —0 CD CD cn CD C) O 0 En rf. CD CD 0 U) 0 CD U) w sv il CD 0 -0 CD sn CD < — 0 0 3 FF CD cn CD CD A 0 m C) 0 a_ n� CD rn r CD v 0_ m a. m m i ATTACHMENT .i APPEAL FROM STANTEC February 5, 2015 File: 2007001057 Alejandra Avila, City Clerk City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91,706 FEB;-.; 9 201 CITY OF BALDWIN PARK Stantec Architecture Inc. CITY CLERKS DEPARTMENT 1383 North McDowell Boulevard Suite 250, Petaluma CA 94954 -7118 Reference: CP -818; 3160 Baldwin Park Boulevard (Chevron) Via Overnight Mail On January 28, 2015, the Planning Commission adopted a resolution of denial of Chevron's application to sell beer & wine for off -site consumption from its existing convenience store located at 3160 Baldwin Park Blvd. In keeping with Municipal Code section 153.210.150, please consider this a request on behalf of Chevron for appeal of the Planning Commission decision to the City Council. Our appeal is based on the following on the following grounds: I . . At the public hearing conducted can December 10, 2014, the Planning Commission failed . . to consider City of Baldwin Park Administrative Policy #028 regarding development standards for alcoholic beverage sales, We believe that had the Commission adequately considered that policy, they would have found that Chevron's proposal complies with all the stated development standards and that Chevron has demonstrated a commitment to the stated "Typical Conditions of Approval for CUP ". In the spirit of the policy #028 adopted by the City Council, Chevron has acquired an existing license for off -sales from another business within the City of Baldwin Park to relocate this license to this Chevron location thus the approval of this application would not increase the number of licenses within the City of Baldwin Park. 2. At the public hearing conducted on January 10, 2014, the Planning Commission was advised by Staff that, in absence of "internal policing ", a customer would be able to buy alcohol from the Chevron convenience store and take it into the McDonald's for consumption, when, in fact, at every Chevron /McDonald's Co- branded location where alcohol is sold, onsite consumption is strictly prohibited (per the ABC licensing) and this prohibition is vigorously enforced. 3. During the Staff presentation at the aforementioned public hearing, Staff repeatedly misrepresented the ABC findings necessary for approval as ones of "public convenience and necessity ", when the ABC findings requirement are, in fact, ones of "public convenience or necessity". This inadvertent misrepresentation was then cited by °a Commissioner in making his final comments to fellow Commissioners, stating "...that is the ABC rule. You have to find for a necessity because if is over - concentrated." Design wlih cornrmnlly In mind Doing business as: Stantec Architecture and Engineering (NY) Stantec Architecture P.C. (DC, MS, MO, NE) For list of our registeredarchilects, please visit Nm wstantec .corn /registeredarchitects February 5, 2015 Alejandra Avila, City Clerk Page 2 of 2 Reference: CP -818; 3160 Baldwin Park Boulevard (Chevron) 4. In the draft of Resolution PC] 4-21 presented to the Planning Commission on January 28, 2015, the misrepresentation of the ABC standard of "public convenience or necessity" is repeated in Section 2, Finding "(i)" as: "There is no 'public convenience and necessity',.." [emphasis added]. We respectfully request that this item be placed on the hearing agenda for the next available City Council meeting. Should you need any further information in order to schedule fhis item for Council consideration, please do not hesitate to call. Regards, STAN C ARCHITECTURE INC. Bob Abbott Assistant Project Manager Phone: (707) 658 -4714 Fax: (707) 765 -9908 Bob.Abbott @stantec.com c. Ms. Asuncion Lauron - CBRE /Chevron (via email pdf) Ms. Amy Harbin - City of Baldwin Park, Planning (via email pdf) Mr. Larry Tidball - Stantec (via email pdf) Design with cornmunity In mind - ----- ----- to BALDWIN p, A, R, K February 9, 2015 Stantec Consulting Services, Inc Attention: Mr. Bob Abbott 1383 N. Mc Dowell Boulevard, Suite #250 Petaluma, CA 94954. RE, Receipts for Payment of Fees Dear Mr. Abbott: Please find enclosed your copy of the receipt for fees paid in the appeal of the Planning Commission's decision to the City Council on CP-818 at 3160 Baldwin Park Boulevard. If you have any questions, please contact meat (626) 960-4011, extension 475, or by email at AHarbin@baldwinpark.com. Sincerely, COMMUNITY DEVELOPMENT & HOUSING DEPARTMENT AmoY_ Irbin, AIC en y L arbin, AICP City Plan Planning Division Enc. CITY OF BALDWIN PARK, 14403 EAST PACJFIC AVENUE BALDWIN PARK, CA - 91706 (626) 960-4011 FAX (626) 962-2625 CITY OF 13ALDWIN PARK 14403 E. Pacific Avenue Baldwin parl<, CA 91706 %. 026) 960-4011 RECEIPT M DATE_ FEE (5,':�T-j RECEIVED FROM (z c n n� c Ily 2,5 PURPOSE 18SUED BY THIS FiECEIt BECOMES HEN VALIDATED OF THE CIT FTHERECORDS BALDWIN PARK am s ] go v [IIINDTO I 's RESOLUTION NO. 2015 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW THE OFF - SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE PURSUANT TO SECTION 153.120.050.A.1 OF THE CITY'S MUNICIPAL CODE. (LOCATION: 3160 BALDWIN PARK BLVD., APPLICANT: BOB ABBOTT WITH STANTEC ARCHITECTURE REPRESENTING CHEVRON CORPORATION; CASE NUMBER: CP -818). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) An application ( "Application ") for a conditional use permit was submitted on behalf of the owner of certain real property, located at 3160 Baldwin Park Blvd. in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) The Application was sought to approve a conditional use permit for the off -Osite sales of beer and wine in conjunction with a convenience store with gasoline station (Chevron) and fast food restaurant (McDonald's) within the F -C, (SV), Freeway Commercial Sierra Vista Overlay Zone pursuant to Table 153.050.020 in the City's Municipal Code; and (c) A duly noticed public hearing was held on said Application by the Planning Commission December 10, 2014. At said meeting the Planning Commission voted to deny the request and directed Planning Division staff to return to the next scheduled Planning Commission meeting, a resolution of denial; and (d) On January 25, 2015, a resolution of denial, denying a request for a conditional use permit for the off -site sales of beer and wine in conjunction with a convenience store was presented to the Planning Commission. The Planning Commission voted 5 -0 to adopt the resolution of denial, and (e) On February 9, 2015, Robert Abbott with Stantec Architecture submitted a complete and timely appeal of the Planning Commission's decision to the City Clerk of the City of Baldwin Park; and (f) A duly noticed public hearing was held on said Application by the City Council of March 18, 2015. The City Council, after reviewing the Staff Report, Administrative Record, and considering oral evidence during said public hearing, found that there are not the requisite findings to grant the conditional use permit; and Resolution No. 2015 -063 March 18, 2015 Page 2 (g) Each fact set forth in the staff report dated March 18, 2015 from Marc Castagnola, AICP, Community Development Director and Amy L. Harbin, AICP to the Mayor and City Council ( "Staff Report ") is true and correct. SECTION 2. The City Council does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) Conditionally permitted. The use of off -site sales of beer and wine is conditionally permitted within the subject FC(SV) Freeway Commercial Sierra Vista Overlay Zone and complies with the intent of all applicable provisions of this chapter (subchapters 153.210.450 through 153.210.495 of the City's Municipal Code); and (b) Zone integrity and character. The use may impair the integrity and character of the zone in which it is to be located in that the proposed location of off -site sales of beer and wine is within a Census Tract that is currently over concentrated with five (5) off -site sales outlets as determined by the California Department of Alcoholic Beverage Control. Furthermore, the Department of Alcoholic Beverage Control permits a maximum of two (2) off -site sales outlets before Census Tract 4047.02 would be deemed over concentrated. Additionally, the proposed location is within approximately 500 feet of four (4) existing off -site sales outlets within said Census Tract 4047.02; and (c) Site suitability. The subject site is not physically suitable for the type of land use (off -site sales of beer and wine in conjunction with a convenience store) being proposed. The existing Chevron convenience store shares the same building, primary entrances, and direct access with an existing McDonald's fast food restaurant. Patrons of the McDonald's Fast Food Restaurant are required to walk from the parking area through the Chevron convenience market to the McDonald's Fast Food Restaurant counter and exit the same way, through the Chevron convenience store. Additionally, the proposed location (3160 Baldwin Park Boulevard— Chevron convenience store) for the off -site sales of beer and wine is within approximately 500 feet of four (4) existing off -site sales outlets (reference Table #3 in the CP -818 City Council staff report dated March 18, 2015) and proposes to increase the overconcentration of alcoholic beverages by one (1) license within Census Tract 4047.02 as determined by the California Department of Alcoholic Beverage Control; and (d) Existing compatibility. The sale of alcohol is not compatible with the McDonald's land use presently on the subject property. Specifically, the Chevron convenience store shares direct access with a McDonald's Fast Food restaurant which is `family friendly' and child oriented. The close proximity and shared entrance to this family themed restaurant makes the Resolution No. 2015 -063 March 18, 2015 Page 3 sale of alcohol particularly incompatible with the presence of children congregating in and about the site; and (e) Future compatibility. The additional sales of alcohol is not be compatible with existing and future land uses within the zone and the general area in which the, proposed use is to be located, should- the-.- over concentration of the census tract with off -site alcoholic beverage sales and the four (4) existing off -site sales outlets remain in the future; and (f) Utilities and services. Since no improvements are proposed to the building and the building is currently existing, there are adequate provisions for water, sewer, public utilities, and services which would not cause a detriment to public health and safety; and (g) Public access. Adequate provisions for public access are available to serve the proposed use; and (h) General Plan consistency. The proposed off -site sales of beer and wine in conjunction with the convenience store is not consistent with the General Plan in that the off -site sales of beer and wine at this location does not provide a balanced mix and distribution of land uses throughout Baldwin Park (Goal 1.0 of the Land Use Element). The proposed addition of the off- site sales outlet does not provide a `public convenience or necessity', but rather contributes to the over- concentration/saturation of off -site sales outlets within the Census Tract and general area; and (i) Safety and welfare. The use could be detrimental to the public interest, health, safety, convenience or welfare in that the existing Census Tract, 4047.02 is currently over - concentrated according to the California Department of Alcoholic Beverage Control by three (3) existing off -site licenses. An additional off -site sales license would render the census tract even more over - concentrated and require a finding of public convenience or necessity. There is no `public convenience or necessity' with the addition of a new off -site sales outlet within the Census Tract. The `Necessity' does not meet the finding in that a purchaser can go elsewhere, to one of four existing off -site sales outlets within 500 feet (walking distance) of the proposed off -site sales location. Furthermore, there is no `public convenience' in that the existing convenience market, where the proposed off -site sales are to be located, shares a building, entrances, and I provides customer, access to a family- friendly, child oriented McDonald's Fast Food Restaurant. Additionally, a finding of `public convenience' could not be found because there are four (4) other off -site sales outlets within walking distance of approximately 500 feet in the same Census Tract. Resolution No. 2015 -063 March 18, 2015 Page 4 SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Applicant. PASSED, APPROVED AND ADOPTED this 18th day of March, 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015 -063 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 18, 2015 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK ITEM NO. 19 STAFF REPORT CIWOF�', TO: The Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Directo�pf Community Develo A ' L L Suzie Ruelas, Housing Manage LLEY" DATE: March 18, 2015 SUBJECT: Public Hearing Regarding Five Year Consolidated Plan, Fiscal Year 2015-2016 Annual Action Plan, Citizen Participation Plan And Analysis Of Impediments To Fair Housing Choice/Fair Housing Plan For the City Council to hold the first of two required public hearings to receive public input regarding the: 1) Five Year Consolidated Plan; 2) FY 2015-2020 Annual Action Plan; 3) Citizen Plan; Participation p 5 4) Analysis Of Impediments To Fair Housing Choice/Fair Housing; and, 5) To Consider The Funding Allocations For The FY 2015-2016 CDBG Public Service. FISCAL IMPACT The impact to the general funds is unknown at this time. However, once the actual amounts are determined it will be reflected in the FY 2015-2016 City budget presented to the City Council for approval. It is important to note that the continuous reductions in City's annual CDBG and HOME allocations from HUD in addition to the recurring annual CDBG expenditure, of about $506,000, earmarked through 2021 for the repayment of the Section 108 Loan will have a tremendous impact on the CDBG funded projects. Hence, the approval of proportional funding to all CDBG projects for the next six years will determine the extent of the impact to the general funds. Further details regarding the impact is discussed throughout the staff report. Financial Revie14, This year's CDBG Funding is down $22,023 from the previous year since in FY 2014/15 the City received $974,659 compared to FY 2015/16 allocation of $952,636. There is also a reduction of $22,332 in HOME Investment Partnership (HOME) entitlement Funds from the previous year from $252,641 to $230,309. There will be impacts to the General Fund in several areas in order to maintain the same level of service because of increased personnel costs or program reductions. CDBG /HOME Public Hearing March. 18, 2015 Paqe 2 Because of the reductions in next year's CDBG allocation, staff reviewed various program impacts and possible options. After reviewing the available new funding and carry over amounts, it was determined that not all programs could be funded at the same level as last year. With these limitations it is recommended that funding for Code Enforcement from last year's CDBG allocation be reduced from $121,713 to $1 00,000. Staff is in the processing of reviewing other revenue options and sources before the presentation of next year's overall budget to maintain Code Enforcement at its current staffing levels." 1 m [C1]0iu V li7_ ITS § Staff recommends that the City Council conduct the public hearing and following the public hearing approve the allocations for the FY 2014 -2015 CDBG public service programs by selecting one of the following options: OPTION 1: Approve the Joint Commission's recommendations for funding as revised by staff; or OPTION 2 Revise allocations as the City Council deems appropriate BACKGROUND Pursuant to Housing and Urban Development (HUD) regulations, the City is preparing its five - year strategy designed to address the housing needs of extremely low, low and moderate- income households within the community. The current Five Year Consolidated Plan covers years 2010- 2015. The new Five Year Plan will cover years 2015 -2020. Along with the Five Year Plan, the City must also prepare and submit its Annual Action Plan, Analysis of impediments to Fair Housing Choice and Citizen Participation Plan. All Plans are due to HUD by May 15, 2015. Included in the process of preparing its annual Plans, HUD requires the City to encourage citizen participation by holding community meetings and two public hearings. To ensure citizen participation from Baldwin Park residents, the City designated the Housing Commission and Recreation and Community Service Commission to jointly form the CDBG Advisory Committee. The CDBG Advisory committee reviews and considers proposed projects and reviews applications for public service programs. Two committee meetings were held before the CDBG Advisory Committee and funding recommendations were approved on February 5, 2015. This first public hearing is to provide the City Council the opportunity to receive public comments regarding all Plans. It also provides public service applicants the opportunity to make presentations the regarding their applications including services and the benefits to our residents. HUD recently announced the City's FY 2015 -2016 Federal allocations. The City can expect to receive $952,636 in Community Development Block Grant (CDBG) funds and $230,309 in HOME Investment Partnerships (HOME) entitlement funds. The City is also estimating about $20,000 in HOME projected program income. Of the CDBG amount, up to 15% may be allocated to public service programs, which equates to $142,895. Public service program is not a requirement of CDBG, however, it provides funding or other types of assistance to low- income youth, elderly, disabled, homeless and other special needs individuals. CDBG /HOME Public Hearing March. 18, 2015 Paae 3 Program Income HUD allows Cities to include the estimated CDBG annual program income when calculating the amount available for public service programs. However, if the amount estimated at the beginning of the year is not received, this can place the City at risk of non - compliance. Therefore, with program income received decreasing annually, the City opts to exclude program income from its maximum calculations for public services. The total CDBG and HOME funding available for FY 2015 -2016 is as follows: FUNDING RECOMMENDATIONS Although the main focus for this public hearing is to consider funding for pubic service programs, in order to fairly and accurately consider public service allocations for FY 2015 -2016, and in preparation for the Five Year Plan, the City must begin to consider funding for all CDBG programs at this time. Economic Development Programs - Section 108 Loan Repayment The Section 108 Loan has the greatest CDBG funding allocation for the next six years. During the 2005 -06 Program Year, the City utilized a $3 million Section 108 program to support an economic development project that included a Super WalMart Department store and other commercial businesses. The Section 108 project is considered an economic development project that created employment opportunities to over 320 low -and moderate - income individuals. This Section 108 loan was provided to the City under an agreement it be repaid with future CDBG funds. The amortization schedule reflects the City's loan to be paid in full by August 1, 2021 with an average annual payment of $506,000. Fiscal Year CDBG HOME', Total FY 2015 -2016 Entitlement $ 952,636 $ 230,309 $1,182,945 Estimated 2015 -2016 Program Income $ 0 $ 20,000 $ 20,000 T TnPxtnt -nriPd Prinr Year Funds $ 762,850 $1 6550 -7116 $2,413,596 Estimated Total Funds Available $1,715,486 $1,901,055 $3,616,541 FUNDING RECOMMENDATIONS Although the main focus for this public hearing is to consider funding for pubic service programs, in order to fairly and accurately consider public service allocations for FY 2015 -2016, and in preparation for the Five Year Plan, the City must begin to consider funding for all CDBG programs at this time. Economic Development Programs - Section 108 Loan Repayment The Section 108 Loan has the greatest CDBG funding allocation for the next six years. During the 2005 -06 Program Year, the City utilized a $3 million Section 108 program to support an economic development project that included a Super WalMart Department store and other commercial businesses. The Section 108 project is considered an economic development project that created employment opportunities to over 320 low -and moderate - income individuals. This Section 108 loan was provided to the City under an agreement it be repaid with future CDBG funds. The amortization schedule reflects the City's loan to be paid in full by August 1, 2021 with an average annual payment of $506,000. Fiscal Year J Annual Pa meat FY 2013 -2014 $ 505,917 FY 2014 -2015 $ 506,813 FY 2015 -2016 $ 507,560 FY 2016 -2017 $ 507,509 FY 2017 -2018 $ 508,308 FT 2018 -2019 $ 506,230 FY 2019 -2020 $ 505,542 FY 2020 -2021 $ 503,841 CDBG /HOME Public Hearing March. 18, 2015 Paqe 4 Admittedly and proudly, the Section 108 Loan resulted in a successful project with a positive impact to Baldwin Park residents. However, this project, as well as a probable continued reduction to the City's HUD CDBG funding, also results in the need to consider and anticipate a tremendous impact on the City's CDBG programs in preparing the Consolidated Plan. To remain in compliance with its Loan agreement, the City cannot reduce the amount allocated to the Section 108 repayment. Therefore, it would be prudent for the City to begin reducing the expectations and allocations to other CDBG programs, at least through 2021, when the Section 108 Loan will be paid in full. Public Service Programs As a reminder, the City may allocate a maximum of 15% of its annual allocation to public service programs. Although the Commission made their recommendation up to the 15% maximum, there is no regulation to prohibit the City from allocating less than 15 %. If not considered this fiscal year, a reduction in public service program may be considered next year. Commission /Committee FY 2015 -2016 Recommendations The City held two community meetings regarding the CDBG funding process. At the meeting held on February 5th, organizations that submitted applications for public service funding presented their requests before the Joint Commission/CDBG Advisory Committee. Because HUD had not yet announced the actual funding prior to the meeting, the CDBG Advisory Committee considered last year's funding when making their recommendations. Understanding the lack of sufficient funding available, the Committee expressed their desire to avoid reductions in services and funding to public service programs. Therefore, after mach discussion, they agreed that their intent was to maintain the level of public service allocations as close to last year's as possible. Now that HUD has announced the actual allocations, which once again resulted in a reduction in CDBG funding, the Committee's recommendation for funding is no longer possible to approve. Taking into consideration the intent and desire of the Committee, staff adjusted their recommendations to remain exactly as last year's allocations to public service programs. The revised recommendations are as follows: Church of the Redeemer Food Bank $ 8,000 $ 15,000 $ 8,000 Domestic Violence Advocate * $ 15,000 $ 25,000 $ 15,000 ESGV Coalition for the Homeless $ 10,000 $ 10,000 $ 10,000 Family Service Center * $ 28,500 $ 30,000 $ 28,500 Graffiti Removal * $ 30,000 $ 50,000 $ 30,000 Pride Program (BPPD) * $ 19,000 $ 43,970 $ 19,000 Recreation /Sports Scholarship * $ 12,300 $ 15,000 $ 12,300 Santa Anita Family Services $ 3,300 $ 5,000 $ 3,300 St. Johns Church Social Services $ 2,150 $ 2,200 $ 2,150 Youth Employment * $ 14,449 $ 15,000 $ 14,449 TOTALS $142,699 $280,462 $142,699 * Indicates City of Baldwin Park Services CDBG /HOME Public Hearing March. 18, 2015 Paae 5 It should be noted that two public service organizations declined their approved funding in FY 2014 -2015. Project Sister and Cory's Kitchen both expressed their appreciation for the proposed funding but noted that the small amount approved was not sufficient to justify the amount of staffing and time spent needed to meet the federal requirements. Neither of those agencies applied for funding this year, FY 2015 -2016. Program description of each public service application is also attached for your review. (Please see Attachment) Administration Each year, the City may allocate a maximum of 20% of the annual CDBG entitlement allocation towards administration and planning. This includes staff costs and operating expense for the overall administration of the CDBG program and a portion for the required Fair Housing Services. This year's maximum equates to $190,527 that may be used for administration. Fair Housing $ 2,500 Admin — Program Delivery $ 188,027 Total Planning and Administration $ 190,527 Staff understands that $2,500 is not a feasible amount to expect the Housing Rights Center to provide the HUD required fair housing services to our residents. However, the CDBG funds available for administration services limit the City's ability to provide sufficient funding using CDBG only funds. Therefore, the Baldwin Park Housing Authority, which regularly partners with the Housing Rights Center, also provides funding to meet the fair housing needs of our residents. Capital Improvement Projects Although there are CDBG Capital Improvement projects needed, due reduction of funding, there really are no funds available that would sufficiently support a Capital Improvement project. There is one Capital Improvement Project that previously approved by the City Council in FY 2012 -2013, the Storm Drain Project proposed on residential streets near Earl Avenue and Corak Street. The amount reflected in the table below is the estimated balance of funds for the project underway that will be included in FY 2015 -2016 budget. Corak Street Storm Drain $ 690,000 Dousing Programs The City continues to maintain its housing programs as in previous years. Pursuant to CDBG regulations, housing programs are required to create or maintain decent affordable housing for low- income areas and residents. The City's Housing programs include homeowner rehabilitation grants offered to the extremely -low to low- income households with a preference to the elderly and disabled. It also includes the lead testing program which HUD requires for all CDBG and HOME rehabilitation projects. The Rehabilitation Administration program provides for the CDBG /HOME Public Hearing March. 18, 2015 Page 6 inspections, loan underwriting and all other operating cost of rehabilitation projects, including the ROEM development project. The Code Enforcement Department provides for code activities in CDBG designated low- income areas with the city. ti TA V9 M � y HOME funds are much more restrictive than CDBG funds. The projects are limited to affordable housing projects. Proposed FY 2015 -2016 HOME fund projects are as follows: 1) Administration - 10% maximum allowed for planning and administration; 2) Community Housing and Development Organization (CHDO) Program — Staff continues to seek a qualified CHDO to allocate the HUD required 15% of the annual allocation to implement an eligible CHDO activity; 3) ROEM Affordable Housing Development — Previously approved to develop affordable housing units. FY 2015 -2016 is estimated unexpended balance of initial allocation of 1.9M; 4) Residential Rehabilitation Loan Program — Project provides low- income property owners of owner - occupied properties loans to rehabilitate their properties and ensure compliance with all local, state and federal building and safety codes; and, 5) Lead Abatement Grant Program — Project requirement to meet HUD's regulation for properties participating in rehabilitation programs. y. AAV'cy\�., tiyA.. z AG.. Arv`y A \... .\AeA �`n \\,.. "`\. ;\�V A• \, s ;.. :�A -.yA. HOME Administration $ 23,055 ROEM Multi - Family Rental Development $1,300,000 CHDO restricted funds (includes FY 2013 -2014) $ 310,000 Residential Rehabilitation Loan Program $ 243,000 Lead Abatement Grant Program $ 25,000 Total HOME $1,901,055 As a reminder, HOME funds must be committed to a project in 2 years from the date of funding to the City and expended in five years. If a partnership is not entered with a CHDO funds will be at risk of recapture. Because of the limitations of funding, loss in Housing Set -aside funds and the many HUD restrictions associated with CHDO HOME Funds, it is difficult to implement a CHDO project. Staff will make every effort to avoid recapture, however the recapture regulation is statutory and cannot be waived. Extensions for this deadline are also not available. Public Review Pursuant to the City's Citizen Participation Plan, the City is required to hold two public hearings CDBG /HOME Public Hearing March. 18, 2015 Paqe 7 during the preparation of the subject plans. This public hearing allows the City Council to approve a draft plan to make available for the required 30 -day comment period. The draft Plans will be available for public review at City Hall, 3rd floor and the Esther Snyder Community Center beginning April 6, 2015 and concluding at the second public hearing schedule for May 6, 2015. LEGAL REVIEW: No Legal Review is necessary at this time Alternative to Public Heaving In order to meet HUD requirements to obtain CDBG and HOME funds, the City must hold two public hearings. In order to prepare a draft plan and meet the public review /comment period, proposed allocations must be approved at this time. Therefore, time restraints do not allow for an alternative to holding this first public hearing. A second public hearing before the City Council will be held on May 6, 2015. After reviewing and considering all public comments received, if any, the City Council may make revisions to their funding allocations at that time. Alternative Funding Options There are alternatives in the funding allocations that the City Council may consider. As previously mentioned, HUD only establishes a maximum 15% of the City's annual allocation to public service programs. The City may opt to provide less funding to and or eliminate funding to certain public services for this fiscal year. This would make funding available for other programs such as Code Enforcement or Capital Improvement Projects. After 2021, when the Section 108 Loan is paid in full, the City should once again have funding available to implement new programs or reinstate cancelled programs. Attachments: • Public Service Applications 1 i .► , � i Church of the Redeemer Food t .; APPLICATION CHECKLIST ORGANIZATION Church of the Redeemer/ Redeemer Food Program Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo or Suzie Ruelas at (626) 960-4011 ext 354/496.. 1 APPLICATION FORM 2. X BUDGET PROPOSAL (ATTACHMENT A) 3. X BOARD OF DIRECTORS AFFIDAVIT 4. X ORGANIZATION TION B 7LAWS , IZA Application packages are due by 5 p.m., on December 11, 2014. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 Fill I I il i 1� 11 1 11 0 a Eel RA 1 -,,1- a 10 A-1 1 1 DEC 11 2014 L tHOjJ7� 3 1-14 id" FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2014 -2015 PLEASE TYPE OR PRINT L AGENCY INFORMATION Agency Name: Church of the Redeemer/ Redeemer Food Program Agency Address: 3739 Address Monterey Avenue Baldwin Park 91706 Street City Zip Code Administrator:- nr Paid A- Fiore.-, ... Title: qpnlnr Pqqtnr Administrator Telephone: 626- 960 -9585 Fax: Administrator Email: PFlores @cotrbp.org Project Site Ad- dress: 3739 Number Project Manager: 626 -960 -9587 Monterey Baldwin Park 91706 Street Cecelia Bernal City Zip Code Title: Community Project Director Project Manager's Telephone: 626- 960 -9585 Fax: 626- 960 -9587 Project Manager's Email: CeceliaB @uvp.com Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional sheet). The Redeemer Food Bank began over 23 years. aqo and was _the _ only food bank in the city. We have maintained a great repor with the clients and make the application process as easy and comfortable as possible. Providing food baskets on a weekly /monthly basis, the food program serves more than 300 individuals each month. We continue to delivery food as needed to the families. Has the Agency previously received funding from the City of Baldwin Park? X 8 Yes (if yes, number of years ) No -4- U ..8. , , • Grant Amount Requested $_15,000.00. Scope of Services — Please briefly describe your proposed Project/Program and the objectives. The Redeemer Food Program provides food assistance to Individuals and families in the community that are described as: - Low Income, Miqrant Workers - Seniors living on fixed - income - Homeless - Physically and developmentally disabled children and adults - victims of personal tragedy (fire, loss of job) -Food baskets are given daily and /or on an emergency basis . In addition to the last Saturday of the month. For those unable to reach our facility, our volunteers will deliver the food to their home, Our goal is to expand and increase our services and the amount of baskets given, to not have to turn away individuals /families each week as we run out of food. In addition to food we offer clothing, used shoes and toiletries. We also offer Counseling to assist those who are suffering emotionally due to their hardship. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The Droaram identifies those individuals and families in the communitv of Baldwin Park with low income. The majority are single women with children, elderly. disabled. and Homeless. Describe any special characteristics of your client population. We have seen a larger amount of the Asian Senior Population and even a few teenagers come thru the program. Increase in Funding Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase i I ny °cclien s��iave exbpresse8g8Vheed for food due to their unemployment benefits running out and we are seeing a lot more families coming to the Food Bank In addition to more clients we are also adding more items to the food boxes such as Diary Products, vegetables and meat. -s- The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 8 regarding Presumed Benefits. Does your agency obtain this information? X Yes W If yes, does your intake sheet and supporting documentation obtain the following: 1 . Name Yes X No 2. Address Yes X No 3. City in which client last resided. Yes X No 4. Number of family members. Yes X No 5. Total family (household) income. Yes X No. 6. Ethnicity Yes X No, 7. Female head of household Yeses_ No. Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: I M, Senior Pastor Title of Officer 12- . I 1. 4- Date ra-419161 Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: ILI I PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: Individuals Youths Households Please provide the actual ' number of your agency's total clients assisted to date and the projected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year Actual Projected 07/1/14 TO Current 07/01/15 TO 06/30/16 BALDWIN PARK RESIDENTS 1,2118' J 2,060 NON-BALDWIN PARK RESIDENTS 248 550 Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: • Abused children • Battered spouses • Elderly persons • Illiterate persons • Persons with acquired Immune Deficiency Syndrome (AIDS). • Adults meeting Bureau of Census definition of severally disable persons • Homeless persons Migrant farm workers Which further describes the activity you are proposing A) The project will benefit a presumed benefit* clientele as defined by HUD. B) X The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible - income persons. c � In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. W �m cc m- W uj 0 co P09 � CL 0i CC CL T bh 0 \V r r I 1 • • r • i • � t 1 � At r s s � r 1 1 • 1 �■ • s 1 r I • H r • _ .. s f I 1 • • 1 • i • 1 I � , I • 1 1 1 • 1 • • i • • • • ■ m U, C k W C W L O Le N O 0 00 00 a) O O 00 c 0 0 0 O O O o 6 0 0 o 0 o o o 0 0 O O O O O 0 O O O O 6 O O O 0 0 0 6 p 0 q r M M F- LL O 0 .- N O t f) 0 00 0 Ln O O O O ti O L t- N N O 13 O O m L 4) O to 'O O O O 0 O 0 O 0 CL 0 o O O o O O O O O O .0 �- 0 O 0 0 o LO O O O O 0 0 0 0 O O O 0 O m O m 0 m a' 0 0 O O r m t- m N o d' o LO O O m "t m It O N CO (0 I 1 � � � � cm �'. 0 0 O 0 I M� 00 oo °o 00 00 ci 0 0 Q o 0 o N OO 0 0 0 0 O N ` N U V O O N N O T- r ,- °r O O o o O O O O O O O O O O O O O O 0 0 m , O O O O O m O 0 0 0 O 0 0 O O o o N O O F- IL O O T- N to CO LO O O Il- � O T- •- �- O U CL L ® ® to � O O O O O O O O O= O o O o o o O O O O i ,= O O O O O LO O O O O O O O O 0 O O O m O O O DO 0 m m O O LO LO N Cfl Cfl O O O *- 1- N d Lo O O d' d O LO O N p. O O O O O O m m O O O N 0 O O O O O 0 0 C� M r LO 0 N U O O O 't 0 O O N N O M T T V N C y — X a-+ i U) Q Q 43 V J co J W CL •Q M x UJ LL r�^ N L m I O O N U) E CL 0 G� Q. C15 (1) ® L 4) C: = _� v 0 C: C (1) U) 0. J 0 m= 2 o m 2 0 0 —- F— o= ® r- N C'') d Ln CO tom- 00 07 r n r W I- CL 0 Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. Name Title Term Expires 1. Dr. Paul A Flores President /Senior Pastor Indefinite 2. Sandra Chavez Vice President February 2015 3. Gladys Garcia Secretary February 2015 4. Cecelia Bernal Treasurer February 2015 5. Jerry Mora Church Administrator Indefinite 6. 7. 8. Name of Executive Director Dr. Paul A Flores CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start -up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. - 11 - As the Executive Director, or duly authorized representative of Redeemer Food Program (Agency), I certify that the applicant is fully capable of fulfilling its obligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this application is true and correct. Paul A Flores Print Name Signature 626-960-9585 Phone Number PFlores @ cotrbr). Email Address - 12- President/Senior Pastor Title of Officer Date- j a h., Mated with CONSTITUTION AND BY-LAWS CHURCH OF THE REDEEMER, AFFILIATED WITH THE GENERAL COUNCIL OF THE ASSEMBLIES OF GO% LATIN AMERICAN DISTRICT COUNCIL WHEREAS, it is the express purpose of God to call a saved people who shall constitute the Body or Church of our Lord Jesus Christ, established upon the foundation of the Apostles and Prophets, Jesus Christ Himself being the Chief Cornerstone-, and, God has ordained that His Universal Church should find expression in and through local churches, to assemble together for worship, fellowship, counsel and instruction, in the Word of God, to do the works of ministry, and exercise spiritual gifts and offices as provided in the New Testament-, THEREFORE, this corporation is formed to propagate the Gospel of Jesus Christ, according _ES OF to the Holy Bible, in fC11l00VV7Sh:',,vith THE, GET0RAL COUNCIL OF THE ASSEMBLI_ GOD, a Missouri Nonprofit Corporation, as a local church under the headship of the Lord Jesus Christ, with customs and traditions of Evangelical Pentecostal Christianity; and, in these premises, the following Constitution and By-Laws are adopted: CONSTITUTION The name of tl-ds corporation is CHURCH OF THE REDEEMER hereinafter referred to simply as "church" or "corporation", though this corporation may by special resolution of the Church Board adopt other and fictitious names for the purpose of doing business through its various departments and programs, as deemed necessary, convenient or expedient, and in such manner as to be in compliance with law. ARTICLE TWO - FOUNDATIONAL CONSIDERATIONS, PRINCIPLES, PURPOSES, TENETS OF FAITH Section One: Supreme Authority of the Holy Bible This church holds the Bible, the Holy Word of God, to be supreme in all matters governing this e Christ; and, that every church, the ultimate authority for rules of order, in keeping with the Spirit of C st born -again Christian should endeavor to keep the unity of the Spirit in the Bond of Peace... "till we all come in the unity of the faith, and of the knowledge of the Son of God, unto a perfect man, unto the measure of the stature of the fullness of Christ" (Ephesians 4:13). Section Two: Purposes- Worship, Evangelism and Fellowship The purposes for which this corporation is formed are to establish and maintain a place of worship of Almighty God, our Father, and the Lord Jesus Christ, His only begotten son, through the Holy Spirit, and promotion of Christian fellowship and edification, to conduct business as a church, under guidance of the Holy Scriptures, and to do the work of evangelism in home and foreign fields, obedient to the Great Commission of the Lord Jesus Christ. Section Three: Tenets of Faith As Tenets of Faith, this church accepts the Holy Bible as the inspired and revealed Will of God, the all-sufficient rule of faith and practice, and for th e purpose of maintaining general unity, adopts the STATEMENT OFF A NTAL TRUTHS OF THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, as same is now and from time to time may be revised, and as recited in the true copy thereof which follows as an addendum to this code of Constitution and By-Laws, by this reference here incorporated as though set forth in full. ARTICLE THREE - STANDARDS, PREROGATIVES AND POWERS Section One: Standards and Church Government Prerogatives It shall be a standard and responsibility of this church to preserve scriptural order in all matters affecting its life and ministry, reserving the right of self-government, the prerogatives to choose its own Pastor, and, by action of its membership or Church Board to elect its officers and directors, to ,e to acn ire and hold title to property, establish and maintain ofmem ber LUF and t L o transact - ansalc all other business pertaining to its life and conduct as a local church, according to Holy Scriptures and as hereinafter in this Code of Constitution and By-Laws provided. Section Two: General Powers This corporation shall have and is empowered to exercise all rights, powers and privileges generally accorded to corporations of this kind, including the power to contract, to acquire, hold, buy, sell, lease, mortgage, hypothecate, or otherwise encumber, and to dispose of in any way, real and personal property of all kinds and descriptions, and to conduct all business which is lawful, necessary or expedient, in promoting the purposes of the corporation, including the power to issue, purchase, redeem, receive, take or otherwise acquire, own sell, lend, exchange, transfer or otherwise dispose of, pledge, use or otherwise deal in property of any kind, including its own bonds, debentulnes, -notes and debt securities. Section One: Affiliation While recognizing inherent right to sovereignty in the conduct of its own business affairs, this church voluntarily enters into full cooperative fellowship with and as a member of THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, a Missouri Nonprofit Corporation, Springfield, Missouri, and likewise in fellowship with and as a member of the SOUTHERN PACIFIC LATIN AMERICAN DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California Corporation, and subject to their superior authority in matters of doctrine and conduct, which corporations are hereinafter referred to as "General Council" and "District Council", respectively, or collectively referred to simply as "Assemblies of God". Section Two: Privileges, Responsibilities, Representation This church shall share in privileges and assume responsibilities enjoined by affiliations mentioned above, in accordance with the Constitution & By-Laws of each the General Council and the District Council, as such regulations are now and may from time to time be amended, including representation at both the General Council and the District Council business sessions, through its delegates who have been selected by the membership of this church or its Church Board. Section Three: Dedication and Dissolution 2 This corporation is formed and operated exclusively for religious purposes within the meaning 01, §501(c)(3) of the United States Internal Revenue Code. The property of this corporation s iffe evocably dedicated to religious purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Title to all personal property and real property now owned or held in trust for of hereafter acquired by this church shall be perpetually dedicated to and held in trust for the purpose of maintaining a place of divine worship and operating church facilities and programs in full cooperative fellowship and affiliation with the General Council and District Council. Upon the dissolution or winding up of this corporation, after paying or otherwise adequately . uately securing or providing for the debts and obligations of this corporation, the remaining assets shall be distributed to SOUTHERN PACIFIC LATIN AMERICAN DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California Nonprofit Corporation, which corporation is formed and operated exclusively for religious purposes, if it is then in existence and exempt from taxation under provisions of §501(c)(3) of the United States Internal Revenue Code, or, if not then so existing and exempt, then to THE GTEP,4TRAL COUNCIL OF THE vqSFMB1,TES OF GOD, a Missouri Nonprofit Corporation, which corporation is formed and operated exclusively for religious purposes, if it is then in existence and exempt from taxation under provisions of §501(c)(3) of the United States Internal Revenue Code, or if they then are both not in existence and exempt, then to a non-profit fund, foundation or corporation which is formed and operated exclusively for religious purposes, in harmony with the purposes of this corporation, and which has established its tax exempt status under §501(c)(3) of the United States Internal Revenue Code. Section Four: Organizational Assistance If at any time this church encounters any internal or external problems, which cannot be reasonably and expeditiously resolved by action of the membership or the Church Board, the church shall seek the services and assistance of District Council or General Council, upon request of the Pastor or a majority of the Church Board, or upon petition of the membership. Such petition of the membership shall be in written form, and shall require the signatures of at least twenty percent (20%) , of the current active membership of the church, and shall be addressed to District Council and presented to the District Superintendent of District Council. Such petition shall specifically but briefly recite the details of the matter for which assistance is requested, and particularly describe features of dispute or administrative frustrations. Upon such presentation to the District Council, it shall be deemed to be a petition on behalf of the church, as an initiative of the membership, whereupon the District Council, District Superintendent or Presbytery, should take appropriate action or undertake to provide necessary services as are available. In event the membership of this church should become divided over doctrinal or other issues, in which individuals or factions might propose that this church should withdraw or disaffiliate from the Assemblies of God, such disputes shall not be put to a confirming vote, but shall be resolved according to provisions of these By-Laws, Article Eleven, Resolution of Disputes, at Section Two. Section Five: District Council Assistance in Church Administration If at any time the business of this church cannot be adequately undertaken and performed by its administrators through the Church Board, or when a proper Church Board is not available or functioning, the church may, by request of its Church Board or at least 51% of its then current active membership, petition the Presbytery of District Council to serve as the Church Board, to so serve until such time as the Presbytery and the membership of this church agree that the membership should resume full responsibility for its affairs. Neither District Council nor the Presbytery of District Council shall be deemed to assume any personal responsibility or liability for debt or other obligations of the 3 t church in taking such action as may be necessary in these premises, unless affirmatively so stated Section Six: Minimum Number for Viable Membership If the active membership of this church falls below twenty (20) persons in number, the church shall seek the assistance of the District Council for help in maintaining the minimal requirement for General Council affiliation. If after one year thereafter the minimal number of 20 active members is not attained, this church shall automatically revert to the status of a District Council Affiliated Church. The church shall remain in a District Council affiliated status until it again meets the standard for a General Council affiliated church, having demonstrated its ability to assume full responsibility for restoration to that status as a viable sovereign church. Unless otherwise arranged, there shall be no financial liability or other affirmative obligation assumed by District Council in these premises. Section One: The Board of Directors- iNarne. Number, AuLXKM. The Board of Directors of this church shall be known as the Church Board or the Board of Deacons, and shall consist of TEN (10) natural persons, including the Pastor and officers elected to and serving for the terms and having powers and authority as hereinafter in the By -Laws provided. All official and business powers, activities and affairs, of this corporation shall be exercised and conducted under authority and ultimate direction of the Church Board. Section Two: The Church Council There shalt be a Church Council composed of the Church Board together with Pastoral Staff and Departmental Officers, which shall serve as supervisory and advisory in nature, and shall not usurp the authority or function of the Church Board, and as hereinafter in the By -Laws provided. i • �. Amendments to this Constitution may be made only by vote of the active voting members at a regular Annual Business Meeting, or at a Special Business Meeting of the membership of this church specially called for that purpose, provided that such Business Meeting has been duly called and noticed at least two Sundays prior to such meeting, and as hereinafter in the By -Laws provided. The proposed amendment text shall be publicly posted in a conspicuous place within view of attendees at the church sanctuary, and sent by mail to each active member at his or her address of record, at least ten days prior to such Business Meeting at which the amendment is to be considered. Amendments to this Constitution shall require a three- fourths affirmative vote of those active voting members present and voting at such Business Meeting, after a quorum is established. BY-LAWS AR'T'ICLE ONE - PARLIAMENTARY LAS' In order to expedite the work of this church and to avoid confusion in its deliberations; all meetings of the Church Board, all Annual Business Meetings and all Special Business Meetings of the membership of this church, shall be conducted under established rules of order, or otherwise 4 governed by the parliamentary authority of the current edition of Robert's Rules of Order newly I.D revised, in keeping with the spirit of Christian love and fellowship, under the guidance of the Holy Spirit of God. ARTICLE TWO - MEM -BERSHIT Section One: Members There shall be but one class of regular active membership of this church, the qualifications and acceptance of same being subject to approval of the Church Board, as hereinafter in these By-Laws provided. Section Two: Standard of Active Membership The Standard for regular active membership in this church shall be: T--,.- r'l,-•,+ (John 3:3-7, 1:12, 13, T A,- Evidence of a born-again experience in Jesus Uluist Peter 1 :18 -25). B.- Water Baptism by immersion (Matt. 28:19; Col. 2:12) C.- Evidence of a consistent Christian life (Rom. 6:4, 13:13; Eph. 4:17-31, 5:2, 15; 1 John 1:6 -7). D.- Personal subscription to the Tenets of Faith as set forth in the Constitution of this church. E.- Personal willingness to contribute regularly to the support of the church with tithe and offerings according to his or her ability. F.- A voting member must be at least 18 years of age. G.- Agreement to be governed by the Constitution & By-Laws of this church, and the Constitution &-By-Laws of the General Council and District Council, as they are now and may be from time to time amended, Section Three: Application for Regular Active Membership, Church Board Review Applicants for regular active membership shall make their desire known to the Pastor, who shall examine the applicant in accordance with the standard of membership, and upon his recommendation the Church Board shall consider their written applications on forms approved by the Church Board, and the names of those approved for such membership shall be added to the roster of active membership of the church, and they shall be recognized publicly as members at the earliest convenient meeting of the congregation. No applicant for membership shall be accepted as a member within 30 days before an annual membership meeting or within 10 days before a special business meeting of membership. Section Four: Ex Officio Membership of Pastor, Pastoral Staff, and Spouses The Pastor of this church and respective spouse shall by virtue of election and acceptance into its ministries be deemed to become and be active voting members of this church. The Pastoral Staff and their respective spouses, by virtue of their appointments by the Church Board, shall be deemed to become and be active voting members of this church. Such Ex Officio Church Membership terminates with termination from the respective office. Section Five: Voluntary Termination of Membership by Member Active members in good standing may sever their relationship with this church by voluntary termination, or be transferred to some other congregation. A transferring member may apply to the Secretary of this church for a Certificate of Good Standing or Letter of Transfer, which shall be granted on approval of the Pastor and the Church board, and shall be signed by both the Pastor and 5 the Secretary. If a member tenders resignation -while under charges that could otherwise bring about discipline from the Church Board, such resignation shall not deprive the Church Board from hearing ec, and making disciplinary determinations of the charges, as deemed necessary or proper by the Church Board, for the record. Section Six: Inactive Membership, Church Board Review, Notification The Church Board is empowered to periodically review the Church Membership Roster and therefrom to place on the inactive list those who have become disqualified from membership, including those who shall without good cause absent themselves from services and programs of this church for a period of three consecutive months or more, or who cease to contribute to its support, or who shall be under charges for misconduct or under condemnation for sinful or worldly practices. When the Church Board places the name of a member on the inactive membership list, that member shall be notified in writing of such action, and the reasons therefor, by the Secretary of the church. Such notice shall be given to such inactive member by regular mail sent to that person's address of A � +I,- files of church. If such member qn notified does not in writing formally request record in. the Wes ot 1— restoration to active status within 30 0 days from the date of mailing of notice of inactive status, he or she shall be automatically terminated from membership of the church, without further notice required. For good cause shown, the Church Board may restore a member to active status at any time prior to actual termination of membership. Section Seven: Termination of Membership by Action of the Board The Church Board is empowered to remove from the membership rosters the names of those who are deceased, those who no longer meet the standard of membership, those who may have voluntarily withdrawn from the fellowship, those who may have been granted severance and Certificate of Good Standing or Letter of Transfer, and those whose names have been on the inactive membership list for at least 30 days without requesting restoration to active status, and those dismissed for disciplinary reasons. Section Eight: Honorary and Special Memberships The Church Board, by its special resolution, is empowered to and may provide for honorary or special memberships, having no rights of membership notwithstanding such designation as members, for youth and superannuated persons, handicapped persons, individuals that are absent from the area and unable to take part in the programs of the church, and others deemed by the Church Board to be deserving of such consideration, on such criteria as the Church Board deems reasonable. Such honorary or special memberships shall have only those particular rights and benefits as shall be affirmatively bestowed by such special resolution of the Church Board. Rights and benefits of honorary or special memberships need not be uniform over the entire class. It is intended that honorary and special memberships shall not be members within the meaning of any law granting rights to members. Honorary and special memberships shall have no right to notice of or participation or vote in any meeting of the membership of this church, nor to participate in any way in amending the bylaws of this church or in vote to dissolve or merge. Honorary and special members shall have no vested rights in their respective memberships, and the Church Board, by further special resolution, may with or without notice terminate or revise terms or conditions of honorary and special memberships, at any time and for any reason, for cause or without cause, and may likewise dissolve the entire class or classification. Section Nine: Unauthorized Activities No member of this church shall promote personal crusades or support private campaigns, programs, enterprises or activities to involve this church or the membership of this church, on the 5 church campus or elsewhere, unless such have been approved in advance by the Pastor. If additional s first services or programs are desired beyond those provided, such services and programs must have the approval of the Pastor, and be under his general authority and supervision, and his approval may be withdrawn at any time without notice, for any reason. In event the church is temporarily without a Pastor, such activities must first have the approval of the Church Board. Violation of the provisions of this section shall constitute good cause to have the violator expelled from church campus and facilities, and shall be grounds for discipline of a member by the Church Board. Section One: Disciplinary Authority of the Church Board All discipline of regular members shall be prayerfully administered according to the Scriptures, under authority of the Church Board (Matt. 18:15 -17; 1 Cor. 5:9-13; U Thess. 3:11-15; Rom. 16:17). The Pastor shall be under the exclusive ecclesiastical authority of District Council and General Council, sciptine c)vc-.r credentialed ministers. k-ouncil, which have s-.!-. powers of di Section Two: Suspension and Restoration With exception of term and authority of the Pastor, the Church Board is empowered to suspend from active voting membership and place on inactive status those regular members who shall be under charges for misconduct, or who have fallen under condemnation through sinful or worldly practices. The Church Board is likewise empowered to restore to active membership those whom it finds are not guilty as charged, and those who through repentance and adjustment have again attained to the standard for active membership. Section Three: Requests for Restoration, Hearings- and - Appeals A.- If a member has been removed from active membership because of charges of misconduct or condemnation through sinful or worldly practices, he or she may request restoration to active membership and demand a hearing before the Pastor and a majority of the Church Board, to be held within 90 days of receipt of such request and demand, which shall be in writing and particularly specifying all defenses to each charge so made; which written request and demand must be received by the Pastor or the Secretary within the 30 days after date of mailing notice of removal from active membership. The Church Board shall encourage a proper attitude on the part of those in question, and proceed carefully to press for final decision in each case. When the Church Board has rendered its final decision, the member shall be notified of the decision and of his or her fight of appeal of an adverse decision, and he or she may appeal from that decision directly to the membership of the church as hereinafter in this section provided. B.- In event such disciplined suspended person desires to further appeal the suspension beyond the determination of the Church Board, such appeal shall be in writing specifying each contention and defense felt pertinent to the matter, and received by the Pastor or Secretary of the church within 30 days after date of mailing notice of adverse decision of the Church Board, further demanding a Special Meeting of the membership to be called for hearing of the cause, which Special Meeting should then be scheduled to be held within 90 days thereafter. Action taken by the membership on such appeal shall require a 60% affirmative vote to overrule the underlying action of the Church Board, and that decision of the membership shall be final for all purposes, from which there shall be no further appeal. 7 ARTICLE FOUR - QUALIFICATIONS, DUTIES AND POWERS OF OFFICERS, EMPLOYEES AND VOLUNTEERS Section (one: Qualifications A.- The Pastor - Because the church recognizes the leadership of the Pastor under the Lord Jesus Christ, and because he is a representative of this church, he shall be a person of good report, and shall manage his personal affairs, financial and otherwise, so that no discredit shall come to the cause of Christ through his actions. His life and conduct shall conform to the following Scriptures: I Timothy 31:2-7; Titus 1:6-9; 1 Peter 5:2-3. The Pastor must have and maintain current ministerial credentials with the Assemblies of God. B.- The Pastoral Staff - The Church Board may by special resolution provide for a Pastoral Staff to serve in administration of the programs of this church, and they shall serve on the Church Council. The Candidates for service on the Pastoral Staff shall be selected by the Pastor, subject to confirmation by the Church Board, and shall serve as assistants to the Pastor and under his direct supervision. They shall not be eligible to serve on the Church Board. All individuals serving in a ministerial capacity on the Pastoral Staff must have and maintain current ministerial credentials issued or recognized by the Assemblies of God, as a condition of continued association with this church, or provide proof that he or she has a current application for such credentials pending with the District Council. In event an individual serving on the Pastoral Staff is in a non-ministerial role, he or she should alternatively qualify themselves by a showing of training and experience in the particular field for which they have been so engaged. (Grand )'ather clause Lor present pastors) C.- Church Board, Trustees and Other Officers - All members of the Church Board, Trustees, and other officers of the church, shall be mature persons full of the Holy Spirit, whose faithfulness shall have been in evidence and whose lives and conduct shall conform to the following Scriptures: Acts 6-3; 1 Timothy 3i8 -12. Members of the Church Board must be active members of the church, in good standing, and shall consist of such persons as are appointed or elected to serve, and of their successors subsequently selected from time to time, who shall so serve until selection of their successors. D.- Employees and Volunteers - All employees and volunteers in service to this church, in any of its departments, programs and ministries, must be mature persons, committed to the religious mission of the church, with a personal born-again experience in Jesus Christ, evidence of a consistent Christian life, and personally subscribing to the Tenets of Faith of this church. All employees and volunteers accepted for employment or service within this corporation are part of the religious mission of this church, including custodians and groundskeepers, department and program leaders, teachers, receptionists, Pastoral Staff, and Senior Pastor, and every other person that is authorized to take part in the various departments, programs and ministries of this church, and each is expected and required to comport themselves in their personal lives, on and off the job, on and off the church campus, in such a way as to compliment the image and religious mission of this church. Any behavior that is viewed as immoral, sinful, disloyal or antagonistic to or adversely reflecting on the church, will not be tolerated, and will be grounds for dismissal. E.- No officer, director, employee or volunteer in any department, program or ministry of this church shall have any sort of vested proprietary right or economic interest in the employment or service in this church, nor any legal rights to continue in employment or service, nor any sort of legal 8 rights for money damages or equitable relief upon termination of respective employment or service. Any disputes in this regard shall be resolved pursuant to arbitration provisions of these By-Laws, Article Eleven, Section Two. Such employment and volunteer service are subject to these continuing conditions. Section Two: Duties A.- The Pastor - The Pastor shall have general supervision of all activities of this church. He shall serve as President of the corporation and be Chairman of all meetings of the membership and the Church Board, and, with the Secretary of the church shall sign all official documents for the church. He shall be an ex-officio member and overseer of all committees, departments and programs of the church. He shall provide for all the services of the church and arrange for all special meetings, giving due regard to the needs of the congregation. No person shall be invited to speak or preach before the congregation of this church without his approval. The Pastor shall perform such other functions as are customary to the office of President, and as necessary to the proper discharge of his duties. B.- The Pastoral Staff - All members of the Pastoral Staff are directly responsible to the Pastor for respective assignments or portfolios. They shall be amenable to the Pastor in all matters of faith and conduct, and shall perform such duties and carry such responsibilities as may be assigned by the Pastor. C.- The Vice-President - When there is a vacancy in the office of Pastor (President), the Vice-President is authorized to act as interim President and to exercise the official powers of the President, until the vacancy is filled. He shall also serve as Vice-Chairman of the Church Board, there acting Ing as presiding officer in absence of the Chairman. The Vice-President shall perform such other functions as directed by the Church Board, and as customary to the office of Vice-President, and as necessary to the proper discharge of his duties. D.- The Secretary - The Secretary shall preserve proper records of the membership of the church, of all communications and proceedings of the church, including the minutes of all membership Business Meetings, and the records of proceedings of the Church Board and all authorized church committees, departments and programs, The Secretary is the custodian of all legal documents and the official seal of the church. The Secretary shall together with the Pastor sign church documents and affix the official seal, and shall perform such other functions as are customary to the office of Secretary and as may be directed by the Church Board, and any other clerical work necessary to the proper discharge of assigned duties. E.- The Treasurer - The Treasurer is the Chief Financial Officer of the church, and is entrusted with all the finances of the church as may be committed to him. He shall deposit all church funds in a federally insured financial institution, in the official name of the church, and shall disburse same as authorized by the Church Board. He shall preserve proper itemized accounts of A receipts and disbursements of the church, and make a financial report of same to the Church Board upon demand and at the Annual Business Meeting of the membership. The Treasurer shall perform such other functions as are customary to the office of Treasurer and as may be directed by the Church Board, and any other clerical work necessary to the proper discharge of assigned duties, F. The Church Clerk. The Church Clerk is an employee of the Church, hired by the Church Board, The Clerk shall perform the duties as designated by the Pastor, the Secretary, the Treasurer, 9 and the Church Board. G.- The Church Board (1) The Church Board shall act in an advisory capacity with the Pastor in all matters pertaining to the spiritual life of the church, and in ministry of its ordinances. They shall serve as an Examining Committee in review of applications for membership, and as a principal forum for administration of discipline among the membership of the church. In event of vacancy in offices of both the Pastor (President) and Vice-President, they shall be empowered to provide for their own temporary Chairman from among their own number in order to transact interim church business. (2) Duties and powers of the Church Board shall be subject to limitations of the foundational articles of this corporation, the provisions of this code of Constitution and By-Laws as it now consists or may be from time to time amended, and the law of the State of California and other places and jurisdictin- i s IXTIIPrf' local laws might govern or restrict such powers; and, (3) Without limiting the general powers of the Church Board, they shall have the following specific powers: (a) With exception of the Pastor and Pastoral Staff, to select and remove all other officers, agents and employees of the church, prescribe such powers and duties, regulations and policies, for them as are not set by these By-Laws, consistent with law, the foundational articles of this corporation, and good business practices, and, as necessary, to require from them appropriate security for faithful service, and to fix compensation of all Pastors, Pastoral Staff, officers, agents and employees of the church; and, (b) To receive and authorize disbursement of funds; to borrow money and incur indebtedness in the course of business of this church, and for that purpose to cause to be executed and delivered in the name of this corporation, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, or other evidences of indebtedness or securities, subject to pertinent law and regulations, further subject to the provisions of this code of Constitution and By-Laws of this church, (c) To take and hold as custodians for the use and benefit of the church all of its property, being responsible for the maintenance and cleanliness of same for the comfort of the congregation; and to designate from its own members, as need appears, individuals to serve on the Committee of Trustees, to hold property for the use and benefit of this corporation, as necessary and as hereinafter in these By-Laws provided. H.- The Church Council - The Church Council, composed of the Church Board, Pastoral Staff, and duly elected or appointed department heads, shall meet at a properly called quarterly or special meeting for the purpose of counselling together for the planning and implementation of the total program of the church. The Pastor or Church Board may call such meeting, at any reasonable time, and quorum is not required. I.- Employees and Volunteers - Employees and volunteers shall assume and perform duties as are assigned to them, according to respective job description and in compliance with department or program regulations and policies, under direct supervision and authority of their respective 10 department or program supervisor, at all times subject to the superior authority of the Pastor and Church Board. ARTICLE FYVE - ELECTIONS AND VACANCIES Section One: The Pastor and Pastoral Staff A.- In event of vacancy in the office of Pastor, the Church Board shall act as a pulpit comrruttee, and after prayerfully seeking to know the mind of God and carefully choosing the best counsel available, shall select a scripturally qualified minister credentialed with the Assemblies of God as a nominee to the office of Pastor, and present his name for the vote of the membership of this church. Any active member of this church may suggest to the committee the name of an Assemblies of God minister in this regard. The Board should seek the advice and counsel of the local Presbyter, Pnri qunp.rinfemdent of District Council in these premises. — k1______________ - B.- Election and re-election of the Pastor shall be by vote of the membership, and such elections shall require a two-thirds majority affirmative vote by secret ballot of the membership present and voting at the meeting where such election is to be entertained, after a quorum has been established. The Pastor's initial term shall be for three years, and unless there be a restrictive ballot stating otherwise, the succeeding term of office for the Pastor shall be for an indefinite period. C.- The Pastoral Staff shall not be elected by the membership of the church. They shall be engaged by a majority vote of the Church Board upon recommendation of the Pastor. In event of resignation or other departure of the Pastor, the members of the Pastoral Staff are expected to submit their respective resignations to the Church Board for the review of the incoming Pastor, in order to allow the incoming Pastor the privilege of selecting his own Pastoral Staff. The services of any member of the Pastoral Staff may be terminated by the Pastor, for cause or without cause, on giving .30 days written 3 wri notice. Any such person may be suspended by the Pastor i mmediately without notice. There shall be no right of appeal from such termination or suspension. Section Two: The Church Board A.- Nominating Committee - In ordinary course, candidates for membership on the Church Board shall be nominated by a nominating committee. The nominating committee shall be appointed by the Pastor in consultation with the Church Board, and shall consist of at least five persons, who shall be the Pastor and four church members, not more than two of which shall be members of the Church Board. Any active voting member of this church may submit names to the nominating committee for their consideration up to two weeks prior to the meeting where such elections are to In be considered. The names of those serving on the nonuinating committee shall be properly announced and posted on the church bulletin board at least 30 days prior to such meeting. The names of the nominees shall also be properly announced and posted at least ten days prior to the meeting where such elections are to be considered. Additional nominations may not be submitted from the floor. B.- Members of the Church Board shall be elected by the membership, initially for staggered terms of one year, two years and three years, and upon expiration of these initial terms, their successors shall be elected to serve for three year terms. All such elections shall be by simple maj oritY, by secret ballot. With the exception of the Pastor, no member of the Church Board may succeed 11 himself in such office, unless there are no other qualified members in the church willing to so serve. C.- Alternate Officers, Alternate officers shall consist of the two remaining nominees in an election of officers with the highest number of votes. D.- Vacancies on the Church Board shall be illled automatically by the alternate o fficer next in line. The successors shall serve for the unexpired term of their predecessors. Should the number of members of the Church Board fall below one -half of that number required by the Constitution and By -Laws, the remaining Church Board members shall call a Special Meeting of the membership for the purpose of filling these vacancies by the membership electoral process, as defined herein. Section Three: Vice - President The Vice - President shall be elected by the Church Board from among its own members, at the first meetincy of the Church Board following the Annual Business Meeting, by a simple majority, on secret ballot. The term of office of the Vice - President shall be one year, and he may succeed himself in such office for the duration of his service as a member of the Church Board. Section Four: Secretary and Treasurer The Secretary and the Treasurer shall be elected by the Church Board from among its own members, at the first meeting of the Church Board following the Annual Business Meeting, by a simple majority, on secret ballot, for terms of office of one year, and they may succeed themselves in such offices for the duration of respective service on the Church Board. These offices may be held by separate individuals, or one person may be elected to hold both offices of Secretary and Treasurer at the same time. Section Five: Vacancies A.- The Pastor (1) If the Pastor has been called for a definite term, the tenure of his office shall end at the expiration of such term, or it may be terminated in manner provided in the paragraph following. Re- election of the Pastor shall be in accordance with provisions found elsewhere in these By -Laws. (2) If a Pastor ceases to qualify as provided by either the Constitution or By -Laws of this church, or when his ministry ceases to be effective, or if good and sufficient cause exists to render his ministry unacceptable, or if other serious charges are preferred against him, power is vested in the Church Board at any time to ask for his resignation. If such request for his resignation is by him refused or ignored, the office of Pastor shall not be considered vacant until the action of the Church Board has been confirmed by vote of the membership. In order to terminate a Pastor before the end of his term, it shall require a majority vote of the active membership of the church present and voting at a Special Business Meeting of the membership duly called for that purpose, after a quorum is established, by secret ballot, the effect of which is to terminate the Pastor and create a vacancy in such office. Such a meeting called concerning status or termination of the Pastor should be presided over by an official representative of the District Council. In event the Pastor is so removed from office, a written report of such action shall be signed by at least two officers of the church and sent to the office of the Superintendent of District Council. The Pastor must have and maintain current ministerial credentials with the Assemblies of God, and in event such ministerial credentials are 12 withdrawn by District Council or General Council, the Pastor's term is then immediately terminated. In event such ministerial credentials are restricted or suspended by action of District Council, District Superintendent or Presbytery, the Pastor's authority and duties within this local church shall be deemed likewise restricted or suspended, accordingly. (3) in event of vacancy in the office of Pastor of this church, the Church Board shall arrange for others to minister to the congregation for the duration of such vacancy. B.- Other Officers and Directors (1) Any other office of service in the church may be declared vacant by an act of simple majority of the active membership or action of the Church Board at any of its regular or special meetings, (2) A Member of the Church Board or any other officer of this church may be removed from office before the end of his term, for cause or without cause, by a majority vote of the membership or the Church Board. Any removal by the Church Board must be ratified by a majority vote of the membership of the church at an Annual Business Meeting or Special Business Meeting of the membership to be held within three months of such removal, if the individual so removed requests in writing such special vote on the issue of his removal. Such written request must be received by the Pastor or Secretary of the church, registered mail, within 30 days of the time of the removal, with copies thereof mailed to each of the other members of the Church Board by certified mail, return receipt requested, citing the reasons for such request and giving recitals in support of reinstatement or against the action taken by the Church Board in causing such removal. Grounds for cause in declaring vacancy in such office may be any of the following: (a) Unscriptural conduct; (b) Departure from the Tenets ofFaitn'; (c) Incompetence in office; (d) Any other good and sufficient cause. Section One: Meetings of the Church Board A.- Place of Regular and Special Meetings (1) Regular Meetings of the Church Board may be held at any place within or outside the State of California that has been designated from time to time by resolution of the Church Board or written consent of all the members of the Board. In the absence of such designated place being so set, regular meetings of the Church Board shall be held at the principal office of this church. (2) Special Meetings of the Church Board may be held at the principal office of this church, or at any other reasonable place designated by Resolution or consensus of the Church Board. B.- Frequency of Regular Meetings of the Church Board The Church Board should meet monthly or more frequently as need may require. The frequency of Church Board meetings may be fixed by resolution of the Church Board, or be as called by the Pastor or a majority of members of the Church Board, C.- Call, Time and Notice of Special Meetings of the Church Board 13 (1) Special Meetings of the Church Board, for any purpose, may be called by the Pastor or a majority of the members of the Church Board, on reasonable notice as the Church Board provides by its own resolution, Every member of the Church Board should be notified in advance of such Special Meeting, to allow reasonable opportunity to attend and participate. (2) In emergency situations, Church Board meetings via telephone conference call shall be permitted, and record of any action taken entered into the minutes of the next meeting of the Church Board. D.- Quorum for any meeting of the Church Board shall consist of at least a simple majority of the then current membership of the Church Board. Section Two: Business Meetings of the Membership A.- Annual Business Meetings of the membership of shall be held on the first Sunday of February of each year, unless changed by a Church Board resolution, at VVIlichl 'Lime reports shall! be given and the -election of officers and directors shall take place, and as hereinafter in these By-Laws provided. B.- Special Business Meetings of the membership of this church may be held as need arises, to conduct or implement the business of the church, and for other reasons mentioned elsewhere in this code of Constitution and By-Laws provisions, to be called by the Pastor or a majority of the Church Board, or by initiative of the membership, or by call of the District Superintendent of District Council, duly noticed and held as hereinafter in these By-Laws provided. C.- Right of Initiative Reserved to Active Members: Special Business Meetings of the membership may also be demanded by petition of not less than twenty percent of the active voting membership of the church. Such initiative petition shall be in writing and duly signed by those members requesting such meeting, and received by the Pastor or the Secretary of the church, whereupon the Church Board shall call and fix a date for such Special Business Meeting to be held within 60 days thereafter, with due notice thereof being given as hereinafter in these By-Laws provided. Any initiative petitions relating to status of the Pastor shall be directed to the District Superintendent of District Council, who shall arrange for a Special Business Meeting of the Membership to entertain that issue. There shall be not more than two Special Business Meetings of the membership called upon initiative of the membership in any one calendar year. D.- Notice of such Business Meetings of the membership shall be given by stating, the time, place and purpose of the meeting in a public announcement at the church sanctuary on two Sundays prior to the meeting and by written announcement to the active members of the church, via ordinary mail sent to their address of record on file with the church, at least ten days prior to the time set for such meeting, which written notice shall be the responsibility of and so sent by the Secretary or Acting Secretary. E.- Voting Constituency at any Annual Business Meeting or Special Business Meeting of the membership shall consist of all current active members of the church, who are in attendance at such meeting. F.- Quorum for any Annual Business Meeting or Special Business Meeting of the 14 membership of this church is established by the presence of at least 25% of the active voting membership of this church. - business at any G.- Proxy voting and absentee balloting shall not be allowed in conduct of busin- meeting of the membership, nor any sort of representation of absentees for purpose of establishing a quorum. H.- Order of Business for the Annual Business Meeting of the membership of this church shall be as follows: I.- Devotional 2.- Reading of Minutes 3.- Election of Officers 4.- Pastor's Report 5.- Treasurer's Report 6.- Secretary's Report T- Committee Reports 8.- Unfinished Business 9.- New Business 10.- Adjournment Section Three: Public Worship and Pro-rams on Church Camnvvq gind FaCilities f5 Jr__ ____ - A.- Regular meetings for public worship and evangelism shall be held on the church campus each Sunday as the Lord's Day and as determined by the Pastor in consultation with the Church Board. B.- Special meetings for public worship, evangelism, and other purposes, may be called by the Pastor. C,- Ordinarily, all persons willing to peacefully assemble for purposes of worship or attendance at or participation in church programs on the church campus shall be welcome to attend, subject to such reasonable restrictions or regulations as shall be made by the Pastor or fixed e by the Church C Board. Section One: Committees A.- Standing Committees The Church Board may appoint Standing Committees for the conduct of particular business of the church, by special resolution entered into the minutes of their meetings, fixing responsibilities and powers of such committees, their duration, composition and regulation; and, the Pastor shall serve ex-officio on all such committees. The Chairman of each such committee shall be designated by the Church Board, and such Chairman shall set the time and place of meetings of his or her particular committee and the agenda for business to be then and there conducted. Persons so appointed shall be selected from among the active membership. B.- Special Committees The Pastor may appoint Special Committees, subject to approval of the Church Board, for inquiry and counsel as is necessary, convenient or expedient for the mission and purposes of the church, serving at pleasure and direction of the Church Board, under supervision of the Pastor. C.- Committee of Trustees 15 By special resolution of the Church Board, a Committee of Trustees may be designated for purposes and having powers as identified and established in such special resolution, for holding property or legal title to real property or personal property for the use and benefit of this corporation. There shall be no presiding Trustee, but the Committee of Trustees shall at all times be subject to instruction from and under continuing authority of the Church Board. Individual Trustees shall be selected by the Church Board, from among its own members, by simple majority on a secret ballot. The number of persons serving on the Committee of Trustees, and the duration of respective terms, shall be as established in such special resolution. If not otherwise so established, the duration of term of a Trustee may be abbreviated or terminated by further resolution of the Church Board, and shall expire in any event upon termination of respective term as a member of the Church Board, or upon dissolving of the committee. A retiring Trustee shall surrender to the successor Trustee or the Church Board any property or interests held in that capacity, and the successor Trustee shall assume the responsibilities of the retiring predecessor Trustee, with or without formal assignment or transfer of powers or interests. Section Two: Departments and Program There may be departments and programs created by the Church Board to function as distinct ministries of the church, under regulations set or approved by the Church Board, all of which shall be under the direct supervision of the Pastor, which departments and programs shall have names, functions and responsibilities as set by the Church Board. Among the departments and programs to be established and functioning within the church shall be the following: n A.- Sunday School: The church shall have a Sunday School Department, for teaching and training of groups identified by age or special interest. The Church Board may by its special resolution determine that the Sunday School Department shall be under direction of a Sunday School Superintendent, selected and appointed by, and responsible to, the Church Board. However, the Sunday School Department and the Sunday School Superintendent shall at all times be under the authority and direct supervision of the Pastor. B.- Auxiliary Departments and Programs: The church may establish other and auxiliary departments and programs as the Church Board deems necessary or convenient, to conduct or promote the business and purposes of the church, created by special resolution of the Church Board, all of which shall be under the supervision of the Pastor. Priority should be given to establishment of departments and programs as are common to churches of the Assemblies of God, including education, Youth Ministries, Men's Ministries, Women's Ministries, Ministry of Music, Royal Rangers, Missionettes, etc. Educational departments may be established within this corporation, by special resolution of and under direct administration or supervision of the Church Board, having name or names assigned to such departments, and officers and subordinate administrators for the conduct of their respective business, as the Church Board shall authorize by such special resolutions, for the operation of pre-school, grammar school and high school or other educational programs; and, there shall be a policy of nondiscrimination within these departments, admitting students of any race, color, national and ethnic origin to all the rights, privileges, programs and activities generally accorded or made available to students at the schools. This corporation shall not discriminate on the basis of race, color, national or ethnic origin in administration of its educational policies, admissions policies, scholarship 16 or loan programs, or athletic and other school-administered programs. ARTICLE NlNE - REAL PROPERTY, CHURCH CAMPUS AND FACILITI-ES Section One: Title to Real Property Title to all real property belonging to this church shall be deeded to the church in its official corporate name, or held in trust by District Council, subject to provisions of this code of Constitution and By-Laws. Section Two: Restrictions on Acquisition and Alienation No real property of this church shall be purchased, taken or otherwise acquired, sold, transferred, mortgaged, leased, assigned, conveyed or otherwise alienated, without the same shall have been first authorized by a two-thirds vote of the active members present and voting at an Annual Business Meeting or Special Business Meeting of the membership called for that purpose, at which is a quorum is first established. Section Three: Unauthorized Activities on Church Property There shall be no personal crusades or private campaigns, programs, enterprises or activities conducted on the church campus, nor any subtle or open display or distribution of signs, literature or advertisements, unless such shall have been in advance approved by the Pastor. If additional services, campaigns or programs are desired beyond those provided, or should any part of the church campus be desired for use, such services, campaigns, programs or use must first have the approval of the Pastor, and be under his general authority and supervision, and his approval may be withdrawn at any time without notice, for any reason. In event the church is temporarily without a Pastor, such activities must first have the approval. of the Church Board. Section Four: Regulations and Policies Restricting Access to Church Campus and Facilities The Pastor and Church Board are authorized to establish and maintain rules, regulations and policies regarding activities taking place on the church campus and facilities, including restrictions upon or exclusions of individuals or groups. The church campus and facilities are private and considered to be Holy Ground, and this church reserves the right to restrict the movements of any person on the church campus and facilities, or to exclude or expel any person or group from same, at any time, for any reason. Section One: Financial Resources This church shall be financed according to Scriptural methods, through gifts, donations, tithes and offerings of the members and friends of the church (Mal. 3:10; Matt. 23:23; Heb. 7:4-9), and income and revenue from all other lawful sources. Section Two: Budget and Disbursements, Annual Review The Church Board shall have general authority and supervision in all financial matters in every department and program within the church, and shall establish an annual operating budget for the church, and shall determine and authorize payment of all debts of the church, including salaries for employees, and to make adjustments they deem necessary or expedient. The Church Board shall 17 arrange for annual review to be conducted on all church accounts under control of the Treasurer. Section Three: Compensation of Pastor and Staff The Church Board, in consultation with the Pastor, shall review the Pastor's salary annually in order to provide an adequate income to meet changes in cost of living, and he Shan be given regular and adequate financial support from the funds of the church, including housing allowance, retirement programs and reimbursements, to be paid in amounts and at such intervals as may be fixed by the Church Board, in accordance with law and ability of the church. The Pastor should be given at least two weeks vacation with pay after his first year of service to the church. Employees and Pastoral Staff should be reasonably compensated and given paid vacations after their first year of service to the church. Section Four: Reimbursements The Church Board should provide reimbursement for all authorized expenses incurred by the Pastor and other employees, volunteers and representatives of the church, including delegates to District Council and General Council conventions, in the course of their duties and services for the church. Section Five: Compensation of Church Board Unless otherwise employed by the church, the members of the Church Board shall not receive compensation for their services or their time involved in meetings of the Church Board. There shall, however, be reimbursement for expenses incurred on behalf of the church or in the course of the church business, including extraordinary expenses incurred on account of attendance at meetings of the membership or the Church Board. Accounts for expenses shall be submitted to and paid by the Treasurer of the church, and paid out of church funds without further approval or resolution, prima facie bona fide. Section Six: Restrictions on Expenditures Any single transaction or project that contemplates an expenditure or debt in excess of a sum equal to ten percent (10%) of the annual general fund budget must first have approval of the membership. Approval of the membership in this regard shall require a two-thirds affirmative vote to authorize such expenditure. Section Seven: Stewardship and Miscellaneous Special Offerings The church shall solicit and receive from the congregation and membership a regular monthly World Missions offering, the receipts of which should be then forthwith sent to the appropriate department of the Assemblies of God. This church shall cooperate with and support, according to its ability, the current plans of Stewardship of the Assemblies of God, and other departments, ministries and programs of the District Council and General Council. It is the policy and standard of this church to avoid conflicts involving hostile confrontations and judicial proceedings in secular courts, and to resolve disputes in the way provided by the Scriptures, and in manner following: Section One: Disputes between Individuam 18 A.- Grievances or disputes between individual members of this church, or involving a member of this church, shall be first negotiated between the disputants in good faith and Christian deportment. For failure of satisfactory negotiation between them, the matter should be then submitted to the Pastor for mediation or decision. If the Pastor is unable to resolve the matter between the par-Lies, at request of either or any of them the matter shall be heard before the Church Board, or a panel of spiritually qualified people chosen by the Church Board (hereinafter referred to as the Panel) with both parties being given equal opportunity to present their respective positions to the panel. B. -In event the matter is taken beyond mediation with the Pastor, the Church Board shall fix such reasonable rules and procedural guidelines as they deem just and proper for the parties to present their respective positions before the Panel, so that good manners, propriety and prudence be preserved, Each party should be allowed to have the assistance of a layperson from the membership to assist in presentation of respective positions. In matters resolved by the Church B ' oard without further action, same shall be treated as privileged., and any record of such proceedings shall be sealed and not available to any third party or otherwise except upon written mutual consent of the disputants. These proceedings are binding arbitration, and there shall be no other remedy between the T+ ' '_+ s , ended that thesee n—visions will resolve par ties beyond those hierem provided 1L I 11L " F. v ­- misunderstandings and help p to quiet personal grievances, so to promote peace and harmony within the church. Domestic Relations matters or disputes between immediate family members should not be entertained beyond mediation through the Pastor. It is not contemplated that these procedures apply to legitimate claims for physical injuries, or in lieu of civil remedies arising out of accidents. Section Two: Disputes between Individuals or Factions and the Church or Church Board A.-Disputes involving individuals or factions within or outside the church against the Church i g Board or the entire membershi p of the c ch -1rch, or the church corporation, shall be resolved by binding I arbitration. B. -The forum for arbitration of disputes concerned in this Section is the District Council; and, the arbitration panel shall be comprised of three disinterested persons, which three persons shall be appointed by the District Superintendent, preferably from among the District Council Executive Officers and/or the Presbytery. C.- The arbitration panel shall set a time and place for hearing of the dispute between the parties, with proper notice and opportunity for each to be heard and present their respective positions, and shall fix reasonable procedural guidelines for presentation thereof by the parties, as the panel deems just, proper and fair. The determination and award, or other disposition made by the panel of arbitrators, shall be final and conclusive, and binding upon the parties, from which there shall be no appeal. Section Three: Disputes between factions and the District Council Disputes and grievances by this church or any minister, member or faction within this church against the District Council or otherwise adversely affecting the District Council shall be resolved by binding arbitration, by submitting same to the General Secretary of The General Council of the Assemblies of God, Springfield, Missouri, for resolution according to such rules and regulations as he may set, and in accordance with the By-Laws of the General Council, as such By-Laws are now or from time to time may be amended. The determination made by the General Secretary or his designees shall be final and binding between the parties, from which there shall be no appeal. 19 Section Four: Alternative Resolution In event the District Superintendent or General Secretary cannot resolve the disagreements, or is unwilling or unable to appoint a panel to hear and determine the matters in dispute, as indicated in Section Two and Section Three above, the matter shall be heard before an arbitration panel selected a s follows: Ilows: each disputant faction shall select a single arbitrator, and the arbitrators together shall then select a single separate and wholly neutral arbitrator to serve on the arbitration panel. In event such arbitrators are unable to agree upon the neutral arbitrator, then such third arbitrator shall be determined under procedures provided in the Uniform Arbitration Act. All persons serving on such arbitration panel must be practicing boric -again Christians, The arbitration panel shall set a time and place for hearing of the dispute between the parties, with proper notice and opportunity for each to be heard and present their respective positions, and shall fix reasonable procedural guidelines for presentation thereof by the parties, as the panel deems just, proper and fair. A final determination and award may be made by decision of any two of such arbitrators. ARTICLE TWELVE - AMENDMENTS Amendments to these By-Laws may be made only by vote of the active voting members at a regular Annual Business Meeting, or at a Special Business Meeting of the membership of this church specially called for that purpose, provided that such Business Meeting has been duly called and noticed at least two Sundays prior to such meeting, and as provided elsewhere in these By-Laws. The proposed amendment text shall be publicly posted in a conspicuous place within view of attendees at the church sanctuary, and sent by mail to each active member at his or her address of record, at least ten days prior to such Business Meeting at which the amendment is to be considered. Amendments to these By-Laws shall require a two-thirds affirmative vote of those active voting members present and voting at such Business Meeting, after a quorum is established. C) 9 20 That I am the duly elected, qualified and serving Secretary of CHURCH OF THE REDEEMER and that the above and foregoing code of Constitution & By-Laws was submitted to the Membership and was ratified and adopted as the Constitution and By-Laws of the corporation by the required vote of Membership entitled to exercise the voting power of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal this date: A BYLAW S-DOC9-24-99DOC 21 OS ANLELES C�OUNTY �W my Cumm. Eypfrps Nov. 22 2002 %LIF State County On before me, DATE personally appeared ❑ personally known to me - OR - NAME , TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" NAMES` I F SIGNER(S) 70 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Y-6, subscribed to the within instrument and ac- knowledged to me that_Wshe/th45_V executed the same in bv /her/tb,� authorized -1 capacity(ies), and that Dyys/ner/t W GkALLENI I signature(s) on the instrument the person(s), K Comm . # 12021574 M p4ow,,Ay PUPLIC - CALIFOWaA r 'n or the entity upon behalf of which the LOS M4GELES OOUNTY person (s) acted, executed the instrument. kk, Cmni. Dops W4,22, WIN THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my/fian/d and offi No, 5193 n== OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. n INDIVIDUAL _RCIORPORATE OFFICER(S) TITLE(S) PARTNER(S) f__j LIMITED F] GENERAL 171 ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OFN07FARY OPTION L SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Z SIGNER(S) OTHER THAN NAMED ABOVE — , A�R 6, @1992 NATIONAL NOTARY ASSOCIATION .8236 Rcnrn O. E�� M ajiRR:F�k, CA�1309-7184 P CALIFORNM CERTIFICATE OF AMENDMENT Of ARTICLES OF INCORPORATION AUTRELIANO FLORES and JOSEPIHNE CASTILLO certify that- 1,- They are the president and secretary, respectively, Of IGLESIAS CRISTIANAS DEL REDENTOR, INC. A California Nonprofit Corporation 2,- The Article of Incorporation of the corporation are amended in their entirely, to read as follows: The name of this corporation is- 111111111111 11111111111�p�iiiigj 11111 11 111 1 A.- This corporation is a religious- corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Religious Corporation Law exclusively for religious purposes. B.- The specific purpose of this corporation is to propagate the Gospel of Jesus Christ, according to the Holy Bible, in customs and traditions of Pentocostal Evangelical Christianity,, as a church , in fellowship with The General Council of the Assemblies of God, a Missouri Nonprofit Corporation. C.- This corporation elects to be governed by all the provisions of the Nonprofit Corporation Law of 1980 not otherwise applicable to it under Part 5 thereof. C.- Notwithstanding any other provisions of these Articles, this corporation shall not carry on any other activities not permitted to be c arried on (a) by a corporation exempt from federal income tax under 501(c)(3) of the Internal Revenue Code, or (b) by a corporation contributions to which are deductible under �170(c)(2) of the Internal Revenue Code, or the corresponding provisions of any future United States Internal Revenue Law. n.*x The property of this corporation present and prospective is irrevocably dedicated to religious purposes and held in trust for the purposes of worship, evangelism and fellowship with and according to the customs and traditions of THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, and no part of the net Income or assets of the corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Title to all personal property and real property now owned or held in trust for or hereafter acquired by this church shall be perpetually dedicated to and held in trust for the purpose of maintaining a place of divine worship and operating church facilities and programs in full cooperative fellowship and affiliation with the General Council and District Council. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation, shall be distributed to SOUTHERN PA LATIN AMERICAN DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD'a California Nonprofit Corporation, which organization is formed and operated exclusively for religious purposes, if it is then in existence and exempt from taxation pursuant to pro-visions of Internal Revenue Code f 501( c, ) (3), or, if it is not then so existing and exempt, then to THE GENERAL COUNCIL OF THE ASEEMBLIES, OF GOD a Missouri Nonprofit Corporation, which organization is formed and operated exclusively for religious purposes, if it is then existing and exempt from taxation pursuant to provisions of Internal Revenue Code T 501 (c)(3), or, if they are both not then so existing and exempt, then to a nonprofit fund, foundation or corporation which is organized and operated exclusively for religious purposes in harmony with-the purposes of this corporation and which has established its tax exempt status under 4501 ( c) (3) of the Internal Revenue Code." The foregoing Amendment of Articles of Incorporation has been duly approved by the Church Board (Board of Directors). 4. The foregoing Amendment of Articles of Incorporation has been duly approved by the required vote of members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true of our own knowledge. DATED: January 10, 2000 Aureliano Flores ipi§epli me Castillo Incorporated on: August 7, 1962 California Corporate Number: 0437263 U. S. TREASURY [DEPARTMENT Z INTERNAL REVENUE SERVICE WASHINGTON 25, D. C. IN RET"LY FtEr-ER TO T: TL: EO: 5 Jj"' AUG 3 11964 General Council of the Assemblies of God IJ45 Boonville Avenue Springfield, iassouri 65802 Gentlemen: We have considered your request for a group 1-al-ing holdi_nJ your subordinate units exempt from Federal income tax as organ- izations described in section 501(c)(3) of the Internal Revenue Code of 1954• Our records disclose that you were held exempt. from Federal income tax under section 23 1(6) of the Revenue Act of 1921 on April 15, 1922• On September ]J+, 1935 you were held exempt under section 101(6) of the Revenue Act of 1934, which ruling was af- firmed under the. Revenue Act of 1936 on April 27, 1935- On September 20, 1955 the District Director held that since sec- tion 501(c) (3) of the -1954 Internal Revenue Code contains the same provisions as section 101(6) of the prior Revenue Acts, previous rulings are held to be applicable under the 1954 Code. Eased upon the information presented, it is held that your subordinate departments, district council-s., churches, institu- tions, organizations, schools and colleges, whose names appear in your Directory, revised to January 1, 1964, are exempt from Federal income tax as organizations described in section 501 (c)(3) of the Internal Revenue Code of 1954 as it is shown that they are organized and operated exclusively for religious pur- poses. You and your subordinate units are not required to file rederal income tax returns so long as a tax exempt status is maintained. It will not be necessary for you-and your subordinate units to file the annual information return, Form 990-A, generally re- quired of organizations exempt under section 501(c)(3) of the Code,, as the specific exceptions contained in section 6033(a) of the Code are applicable. FRECEIVED SEP ' 31964 GENERAL SECRETARY'S OFFICE -2- ieneral Council of t}ie Assemblies of God Contributions made to you and your subordinate units are deductible by the donors as provided by section 170 of the Code. Pequests, legacies, devises, transfers, or gifts to or for the use of you and your subordinate units are deductible for Federal estate and gift tax purposes as provided by sections 2055, 2106 and 2522 of the Code. You and your subordinate units are not liable for the taxes imposed under the Federal Insurance Contributions Act (social security taxes) unless waiver of exemption certificates are, or have been, filed as provided in that Act. Inquiries about, the waiver of exemption certificates should be addressed to the District Director concerned. You and your subordinate units are not liable for the taxes imposed under the Federal Unemploy- ment Tax Act. For nerc year, and for each succeeding year thereafter, please send us the following information not later than forty - five days after the close of your annual accounting period: 1. Lists showing the names and maildng addresses of your new subordinate units and the names and addresses of any units which have ceased to exist or have changed their names or addresses. the names should be ar- ranged in alphabetical or numerical order. in lieu of the lists referred to above you may furnish us with a copy of your published directory. Please send us one copy of the list or directory for this office and one copy for each district in which your sub - ordinate units are located. 2. A statement signed by one of your prin- cipal officers stating whether or not the information upon which your original group ruling was based is applicable in all respect to the new subordinate units. 3. A statement if, at the close of the year, there were no changes in your roster. -3- General Council of the Assemblies of God 4. A statement of any changes in the character, purposes or method of operation of your organi- zation or those of your subordinate units. 5. Duplicate copies of amendments to charters or bylaws of your organization or those of your subordinate units. You should advise each of your exempt subordinate units of the exemption and the pertinent provisions of this ruling in- cluding the liability, if any, for filing information or other returns. The District Directors concerned are being advised of this action. Very truly yours, Chief, EXP-nt!nrganisations Branch 0 February 27, 2000 INWRNAL REVENUE SERVICE DESK • ' 2 from: ALLEN JAN subiect: IGLESIAS CRIS'TIANAS DEL REIDEZTOR,'NC' V FEID# 995 -611- Vgu a local church program of the Assemblies of God: Church of the Redeemer Baldwin Park, CA Statement of Financial Position For the Month Ending December 31, 2013 ASSETS 12/31/2013 12/31/2012 Current assets: Cash and cash equivalent 17,482 5,798 Investments 155,643 129,342 Total current assets 173,125 135,140 Noncurrent assets: Property and equipment, net of accumlated depreciation 4,852,883 4,852,883 Total assets 5,026,008 4,988,023 Current liabilities: Credit Cards 25,000 25,219 Accounts payable 6,724 4,471 Total current liabilities 31,724 29,690 Long -term debt, less current maturity 1,146,190 1,159,071 Total liabilities 1,177,914 1,188,761 Net assets: Unrestricted 3,848,094 3,799,261 Temporarily restricted - - Total net assets 3,848,093.63 3,799,261 Total liabilities and net assets 5,026,008 4,988,023 Church of the Redeemer Baldwin Park, CA Statement of Activities For the Month Ending December 31, 2013 12/3112013 12/31/2012 Reveues, Gains, and Other Support General Contributions 411,532 403,249 Group Fund Contributions 75,496 83,613 Investment Income 9,501 4,817 Total revenues, gains, and other support 496,528 491,679 Expenses Prnrnrnm Saniicpc Ministry programs 106,112 119,381 Total program services 106,112 119,381 Support Services: Debt service 83,315 86,110 General and administrative 266,782 249,549 Total support services 350,097 335,659 Total expenses 456,209 455,040 Change in net assets 40,319.18 36,639 Net assets, beginning of year 3,807,774 3,771,135 Net assets, end of year 3,848,094 3,807,774 # i • FY 2015-2016 Community Development • Funds Public Request • Contact Person: David Reynoso Phone Number /Ext. 626 813.5227 (Previous Year Allocation):$15,000 CDBG Amount Requested: $25,000 other Funds: $ (Please attach a copy of your proposed budget) Total: $25,000 Project Description: A Domestic Violence (DV) and Victim Advocate works hand in hand with the domestic violence (DV) / sexual assault detectives to provide emergency assistance to victims, guide victims as their cases go through the criminal justice system, serve as the coordinator � of police, health a- sh elver sVl V�1cea UvU11"Ul . The LV L ldvo(i Ute would be respollsl b le for conducting Ongoing community outreach and education, and provide ongoing training to patrol officers and detectives. Can a day to day basis, the DV Advocate would receive a copy of every DV report and make contact with each victim. The Advocate would coordinate with the detectives on what services will be needed by each victim. The following services would be provided: Counseling, Support, Court appointed group DV classes, Accompany DV victim(s) to court, Assist in obtaining restraining orders. Referral services to Project Sister, Choices, House of Ruth, Spirit Family Center, and Baldwin Park Adult School, and Coordinate with District Attorney Victims' Advocate, Legal Resources, Medical Assistance, Shelter Information, Restitution Information, and Relocation information. This program brings together the DV Detectives, the Advocate, local social service providers and administration staff from the Department forming a specialized unit. This will result in the centralization of the handling of DV cases as they move completely through the criminal justice system. Staff believes that victims be well served by the formation of this specialized unit. The advocate is also available to assist all other victims of crime. The funds requested will allow for an advocate position to be staffed 30 hours a week. Accomplishment Data The goal of the program is to assist 200 households on a yearly basis by providing the services described above. The DV advocate deals not only with the individual victim in these cases, but with the entire family by offering a variety of services that can impact and assist the family. Comments: Reviewed By: Approved.-- �_ S o M e . www.esgvchomeless.org Email: esgvch@aol.com December 11, 2014 RE: CDBG 2015 -2016 Application Dear Ms. Bravo, Office Location: St. Martin de Porres Center at St. John Vianney Catholic Church 1345 Turnbull Canyon Road Hacienda Heights, California 91745 Phone: 626- 333 -7204 Fax: 626- 333 -7260 Mailing Address: P. 0. Box 93256 City of Industry, California 91715 -3256 Thank you so much for the opportunity to apply for the City Baldwin Park's CDBG 2015 -2016 funding. Please see enclosed all of the required documents for the application. If there is anything else that you need please contact me via email at ESGVCH @aol.com or via phone: (626) 333 -7204. Thank you. Respectfully, C40) ` n Marta Lue, Program Manager East San Gabriel Valley Coalition for the Homeless, a 501c3 non - profit charitable organization, dedicated to bringing hope and restoring dignity to people experiencing homelessness. CITY OF BALDWIN PARK COMMUNITY •' MENT BLOCK GRANT D: APPLICATION PACKAGE I f • • ELIGIBILITY REQUIREMENTS............................................... ..............................1 APPLICATION CHECKLIST...................................................... .............................11 FUNDING APPLI CATION................................................... ..............................1 PROJECT PROPOSAL D DESCRIPTION CLIENT INTAKE INFORMATION .................................................. ..............................3 PROPOSED BUDGET.......................................................... ..............................4 PROPOSED BUDGET......................................................... ..............................5 BOARD OF DIRECTORS..................................................... ..............................6 PAST AND PRESENT ACCOMPLISHMENTS .......................................... ..............................7 CERTIFICATION ................................................ ..............................8 Application packages are due by 5 p.m., on Thursday, December 11th° 2014 Applications must be submitted to: Baldwin Park Housing Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 ELIGIBILITY REQUIREMENTS To be eligible for consideration, all applicants must meet the following criteria: 1) The organization must be incorporated as a non - profit organization 501(c) (3) or chartered as a local unit and be tax exempt. 2) All Agencies must have the following: ➢ By -laws that clearly define the Agency's purpose(s), organization and duties of its officers. ➢ An elected or appointed governing board that is responsible for the governance of the Agency. ➢ Adequate administration of the program to ensure delivery of services. ➢ Assurance that it will conduct its business in compliance with the NOW DISCRIMINATION requirements of City, State and Federal governments. ➢ An Annual Financial Audit. 3) Funding for public service programs comes from the Community Development Block Grant (CDBG) program received through the Department of Housing and Urban Development (HUD). CDBG funds are for the specific purpose of benefiting low to moderate income households. In order to be eligible to receive these funds, an organization must provide a service to the residents of the City of Baldwin Park and be abie to document that at least 51 percent of the clientele served by the project/program earn less than the following income limits. Household Size Annual Income Limit 1 $46,400 2 $53,000 3 $59,650 4 $66,250 5 $71,550 6 $76,850 7 $82,150 8 $86,100 4) Agencies must be willing and able to provide required supporting documentation verifying client information (including but not limited to proof of Baldwin Park residency, pay stubs, income tax forms, W2 forms, etc...) 5) Applications must be completed and submitted on or before 5 p.m., December 11, 2014. In order for your application to be considered complete, all items listed in the "Application Checklist" must be included. Faxed or e- mailed applications will not be accepted. Incomplete applications will not be considered. MIZ APPLICATION CHECKLIST ORGANIZATION East San Gabriel Valley Coalition for the Homeless Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo or Suzie Ruelas at (626) 960-4011 ext 354/496. 1. X APPLICATION FORM 2. X BUDGET PROPOSAL (ATTACHMENT A) 3. X BOARD OF DIRECTORS AFFIDAVIT 4. X ORGANIZATION BY-LAWS 5. X CHARTER OF ARTICLES OF INCORPORATION 6. X IRS TAX EXEMPT STATEMENT 7. X MOST RECENT AUDITED FINANCIAL STATEMENT 8. X PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on December 11, 2014. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 §WA'JJ:IrAJ:JQ g 10 N laug BE a ao] ky, I k &-youTti 161 FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2015 -2016 PLEASE TYPE OR PRINT Agency Name: East San Gabriel Valley Coalition for Homeless Agency Address: P.O. BOX 93256 Address City of Industry, CA 91715 3256 Street City Zip Code Administrator: Constance Brehm Title: President of Board of Directors Administrator Telephone: (626) 333 -7204 Fax: (626) 333 -7260 Administrator Email: ESGVCH(cb-aol.com Project Site Address: 1345 Number Turnbull Canyon Rd. Hacienda Heights 91745 Street City Zip Code Project Manager: Marta Lue Title: Emergency Assistance Center Manager Project Manager's Telephone: (626) 333 -7204 Fax: (626) 333 -7260 Project Manager's Email: esqvch .aol.com Describe Agency's overall function or purpose. Include history and experience in providing this service. (if more room is needed, please attach an additional sheet). The East San Gabriel Vallev Coalition for the Homeless (ESGVCH) is a non- profit 501c3 charitable organization, incorporated since 1994, and operates under a voluntary Board of Directors to directly aid people experiencing homelessness. It is our mission to bring hope and restore dignity to those in need by providing shelter, alleviating hunger, assisting with basic daily needs, assisting to regain housing, raising community awareness, and by working collaboratively with others to end hunger and homelessness. MA! Has the Agency previously received funding from the City of Baldwin Park? X Yes (if yes, number of years 12 ) No Amount Grant Requested '. 1 111 !t Scope of Services — Please briefly describe your proposed Project/Program and the objectives. ESGVCH operates four programs: 1) The Emergency Assistance Center (EAC); 2) The Winter Shelter Program (WSP); 3)The Transitional Housing Program (THP); 4) And the Encore Program which is a Drug and Alcohol program for clients who have drugs and alcohol addictions. The EAC services were established at the time of incorporation. Our center is located in Hacienda Heights and it is open daily to provide hot meals, lunches- to -go, showers, hygiene kits, clothing, transportation services (bus pass /tokens), emergency shelter (motel vouchers for families), and referral services for those in need. The funds of this grant application are requested to support the services and staff of the Emergencv Assistance Center located in Hacienda Heiahts. Objectives of CDBG Grant: Support our Emergency Assistance Center staff to administer the following and to help pay for motel vouchers: 1. Provide motel vouchers on an emergency basis to families with children under the age of 18 and ill /elderly adults. 2. Alleviate hunger on an everyday basis among those who are homeless. 3. Provide for the hygiene needs of those who are homeless (showers and hygiene products). 4. Assist homeless clients with transportation needs by providing bus tokens, FootHill Transit passes, and gasoline vouchers. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The East San Gabriel Valley Coalition for the Homeless serves people who are poor, hungry, and those experiencing homelessness. Our target population includes families and /or individuals who are ill, disabled, elderly, chronically homeless, veterans, and transitional aged youth (14 -24 years of age). Among the families are infants, children, and young adults. Describe any special characteristics of your client population. The clients that ESGVCH serves are unique in the sense that they are all homeless or are in danger of becoming homeless. -s- Increase in Funding Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). East San Gabriel Valley Coalition for the Homeless is requesting the same amount as last year: $10,000.00. CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 8 regarding Presumed Benefits. Does your agency obtain this information? X Yes No If yes, does your intake sheet and supporting documentation obtain the following: 1. Name Yes X No 2. Address Yes X No 3. City in which client last resided. Yes X No 4. Number of family members. Yes X No, 5. Total family (household) income. Yes X No. 6. Ethnicity Yes X No. 7. Female head of household Yes X No. flUMUKM UW) 507M requirernen eur -ftenzY the above information from its clientele, please do not submit an application for funding. Howlaver, if your agency is willing to accept the responsibility, obtain this informatiott and retain supporting documentation for the required five years, the Executive Director must certify; to that effect below- Constance Brehm President Board of Uirectors Print Name Title of Officer 04A�_ December 1' 1 1 2014 Signature Date Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: Individuals Youths Households Please provide the actual number of your agency's total clients assisted to date and the projected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year Actual 07/1/14 TO Current BALDWIN PARK Duplicated Unduplicated Total Motel Vouchers RESIDENT July 88 54 142 397 S August 79 24 103 177 Sept 68 21 89 459 Oct 61 24 85 392 Nov 39 17 56 555 Total Baldwin Park client visits (duplicated +unduplicated) = 475 (Note: December 2014 not yet completed) NOW Other residents have other funding (not Baldwin Park Funding) BALDWIN PARK RESIDENT — S Projected 07/01/15 TO 06/30/16 Duplicated: 300 Unduplicated: 200 Total: 500 Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: • Abused children • Battered spouses • Elderly persons • Illiterate persons • Persons with acquired Immune Deficiency Syndrome (AIDS). • Adults meeting Bureau of Census definition of severally disable persons • Homeless persons • Migrant farm workers Which further describes the activity you are proposing? A) X The project will benefit a presumed benefit* clientele as defined by HUD. B) X The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) X The projects limits services to only CDBG eligible - income persons. 1 *11 e 4 In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. 10 co M cc ro U) • • • • 11 s ME, VS, Ilion I MEN o. a I t- W pu D i � e W s N i 0 CL W c � G s n F N O O O O O O O O O O O O O Lt) O O r O O tit T- 0 lie M r CD N_ N a) O O h CD ® N M 00 r N r r O tf3 CU � O m L. O 0 0 0 0 O �. a ® O O O O a co O N me M P to N N Cif O O 1,- O O L. N M C�0 e- N N V- CD Ln to N cD i 4- �O'S r- CV d O O O mC� Cl CD 0 � O O o T- ® Ln ui O a N U U D 0 u tU a � s O O O O O O o 0 0 a L cm 'O O O Lt) O O r O D r 'a e CO) M r N N O O r- O M co +-' N M C70 r N O LA F- Li N c7 ti 5 ;a, L O V ® O O O Co O p Cl r Cl O CD Cl O O Co N d M r N N a) O (D (0 Q Cl F, = N M C10 T- N t CD Ln Ln N CD r O O 0 r Q .., N a a O a I m a) a O O T- �:+ m Lt) Ln O p .—C C" N UU z� c c U N to cn — CL U) a) X C Q CL J ca O W CD Q, > N C > _a Q U) L W Q a) 0- �,=/^ v/ C: U LO. 0 cc M W a) v J (D i LM tQ (ll ® Q% V V ) C: 'a) -C a � O N J ® r/ > O y �L = ® CD r- N cli O �- N M 6 C.6 f`� 06 07 r r e- r- W I- Q. N Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. Name Title Term Expires (SEE ATTACHED BOARD OF DIRECTORS SHEET) Name of Executive Director Position Vacant President: Constance Brehm PH. D CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start -up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. -12- AGENCY CERTICATION I certify and declare under penalty of perjury that the informati on provided in this application is true and correct. 626-333-7204 Phone Number Email Address President, Board of Directors Tifie of Offi cer Date A President Constance Brehm, PhD Vice President Randy Kirby Secretary Patricia Esslin Treasurer Position Vacant Executive Director Position Vacant Committee Chair, Emergency Assistance Center Program Gloria Mojarro-Mangiani Committee Chair, Winter Shelter Program Robert McKennon Committee Chair, Transitional Housing Program Donna Mckennon Members of the Board of Direttors- Bateman, Dixie Brehm, PhD, Constance Kirby, Randy Liegler, Donald McKennon, Donna McKennon, Robert Mojarro-Mangliani, Gloria Rice, Thomas Patricia Esslin I Accountant I Patrick Medlock, CPA I Bookkeeper Lynda Evans Office Manager Marta Garcia-Lue, BSHS Office Assistant Maria Castanon I Office Assistant I Veronica Munoz I The name of this corpora+,iotj is: EAST SAN GAARIEL VALLEY COAL This corporation is a nol",Profit publi is not Organized for the private in ,organized tinder the Nonprofit public Ben, public and charitable purposes, The publii of the Corporation are to provide for the the San Gabrie! Valley and to educate the needy,. (if) 11 C E F I L [SfP 7 1994 I C NY &, L corporatiq ) FOR THE HOMELESS )enef -it corporation and V . any Person. it is �t Corporation Law for .nd charitable PQ-Poses eds of the homeless in Bbl ic concerning those a , This corporation, is, organized exclusively for charitabie, religious� and educational purposes i Wthin the meaning of section 7 501:(C) (3) of *the Internal. Revenue Code of 19'86 or the corresponding provision of any future United States internal revenue law. N6twithstanding any other provision. of these Articles, this not, except to an insubstantial degree, engage in any activities or exercise any powers that art not in furtherance of the PurPOses Of this cor- por a tion, and the corporation shall riot carry on all other activities not per—mitted to b,e carried on (a) by a corporation exempt fron't federal income tax under section 501(c) (3) Of the Internal Revenue Code of 1986 or the corresponding prov.is 'On of any future United. States interrial revenue law or (b) by a corporation, c*bntr i -but ions, to which are deductible- under Section 17 Q (c) (2 ' ) Of the Internal 'Revenue Code of i�986 or the correspond in g rOvi �� -1 revenue law. P viii Of any future United. States internal III iv (a) No subs t ant i a,), part of the activIties of this corporation shall consist of lobbyling or pro pay ailda, or otherwise, attempting -0 influence, legislation, except as providei in Section 501(h) of t n he Interal Revenue Code Of 1986 and this corpo I ration shall lot participate in or intervene in (including publiI sj�ing or distri.1-ut- ing statementsl any political campa-agn on behalf of or in opposi- tion tu> any candidate for public oofljc,,e (b) All corporate Property is irrevocabl y:. dedicated to tile pUqpo,ses set forth in Artie"141 2 above, No part of the net earnings of this corporation shall' inure to the benefit,, enefit of a- ny of it5 d1rectors, trustees, officers, Private shareholders or members, or to individuals, (c) On the winding up and dissolution o,f this corporation, af"ter paying or ade(,V:iataly providing for the I debts, obligatiotis and liabilities Of the corporati- On, the remaining assets of t�his corporation shal1j, be distributed to such organiZations organized and operated exclusively for charitable purl ses which have i established ther tax-exempt status under Section 501(c) (3) of the Internal Revenue Code of 1986, or the corresponding Provision of any future United states internal rev-e.nue iaw and Which have established their tai - exerpt status under Sectibn 23701d of the "al ifarnia, Revenue and Taxation code, or the corr6s di Eon I;gig Section any future, California revenue and tax 0114ALED) JE. SAEP-S, S-corpoFa-tor� ,2 1NTERNAL REVENUE SERVICE BOX 2503 t,MC.ENNATI, "H 4:520 c?_;q,, EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS 20 BOX 93256 Dear Applicant : DEPART,MENT OF THE T�EASURY 95-4506436 D LN Contact Pers= Contact Tie hoae b .gyp -erx (877) 629-5500 i4�S Our setter'. dated April .,. 995,.;. stated ,Sot"s:. 'would be ,.,x%-s:Kz f; 'r "r, Eede,ral income °ir32,.:. under section _901 ) 3_1 of the internal Revenue � +:3�z:s' :"a m' yet§..£ W{. , Id be treated as a p>1'nl c`".. �'°t2�. _ t�s rat1her that,, as a private our'.dation3 r ut-i nq : - an advance rul ing period,, Based on tie int arnat on you suldnitted, You are r b.as, .3 fie as a public ctlari ty ender the Core: section, listed the head ng of this letter. since, your exeT t status was not under c i',, si er.a..,i011* you c;��°ntii7.:ue to be ..�..ra: ,c n o'"'€Y,ar..z , ion exempt from Federal, : cm-ate_ maw under section 501{c), ` of f: Code € : Public a ,.,rat: 557;. 1,dx. Exerjpt S _s for v::tr,a.r anizza o information about. your ° ., xhts and. respons j __j to a... as are You may rd,est as copy by a q the o1, rep nutrc3e or 329 -367 &. imformarion. is also available if you have, general queatj,�,�r;s aboldt exalt*Pt organizations, toll-free -lumber shown in he hen ng. Please keep this letter in your perr.qaueut rerrords, Sincerely ly you s'r: Robert Cho Director, EX.Mt Ru f `n a ^"«Tats rrs reE site at our Letter 1050 r , F uamwamm i MOM JUNE 30, 2013 AND 2012 CONTENTS Independent Auditors' Report Financial Statements �Pages Statement ofFinancial Position 2 Statement ofActivities 3~4 Statement of Functional Expenses 5-6 Statement of Cash Flows 7 Notes to Financial Statements 8-11 uchan _. ssociates 3286 E. Guasti Road, Suite 130, Ontario, CA 91761 Phone: (909) 781- 6443 Fax: (909) 476- 7390 www.Suchancpa.coni An Accountancy Corporation To the Board of Directors East San Gabriel Valley Coalition for the Homeless We have audited the accompanying financial statements of East San Gabriel Valley Coalition for the Homeless, a nonprofit organization, which comprise the statement of financial position as of June 30, 2013 and 2012, and the related statements of activities, functional expenses and cash flows for the years then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with the auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide as basis for our audit opinion. If-T-1 11 M61 In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of East San Gabriel Valley Coalition for the Homeless as of June 30, 2013 and 2012 and the changes in its net assets and cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. j t / ,.lam- J ✓ iri% 1 . �, _.:= r.r,' Suchan & Associates Ontario, California February 4, 2014 EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF FINANCIAL POSITION JUNE 30, 2013 AND 2012 ASSETS CURRENT ASSETS Cash Grants receivable (Note 2) Prepaid expenses TOTAL CURRENT ASSETS $ 08.718 17.839 6,989 121,344 � 120,529 10,884 G'3S8 137~G11 FIXED ASSETS, net (Notes 2 and 3\ 4901 8,686 TOTAL ASSETS $ 126,245 $ 146497 LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accrued Expenses NET ASSETS Unrestricted Temporarily restricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS $ 126,245 $ 146,497 The accompanying NotaotoFinanoha Statements are an integral part of this statement -2- 117.018 131.895 5,000 7,500 122016 139,395 $ 126,245 $ 146,497 The accompanying NotaotoFinanoha Statements are an integral part of this statement -2- EAST SAN GABFUELVALLEY COALITION FOR THE HOMELESS STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 3O.2O13 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED JUNE 3U.2D12\ REVENUES Public contributions Government contracts and grants Program income Contributed Supplies Contributed services Interest income Subtotal Net assets released from restrictions Restrictions satisfied bytime TOTAL REVENUES EXPENSES Program services CHANGE KN NET ASSETS NET ASSETS, BEGINNING OF YEAR NET ASSETS, END QFYEAR Temporarily Unrestricted restricted 2013 Total $ 70'281 $ 5,000 $ 81.281 341'172 - 341,172 - 101.081 - - ' 101'081 21.327 - 21.327 50 - 56 539.317 5.000 544.917 7,500 - 547'417 C2.500\ 544.917 Total $ 92,806 411.318 0@ 215.073 33.761 113 562,296 - 562,296 748,409 (14,879) (2.500) M7,379\ 5,260 131,895 7500 139,395 134,135 $ 117,016 $ 5000 $ 122016 $ 139395 The accompanying NotaatoFinancja}Statennents are an integral part of this statement -3- STATEMENT OF ACTIVITIES YEAR ENDED JUNE 3l2O12 REVENUES Public contributions Government contracts and grants Pmgnsm|ncome Contributed supplies Contributed services Interest income Subtotal Net assets released from restrictions Restrictions satisfied bvuse Restrictions satisfied bvtime TOTAL REVENUES EXPENSES Program services CHANGE IN NET ASSETS NET ASSETS, BEGINNING OF YEAR NET ASSETS, END OF YEAR Temporarily Unrestricted restricted $ 77'808 411.316 600 215.073 33,781 113 $ 15'000 - - - - - 15'OOD $ 92,806 411.310 600 215.073 33,761 34/422 (34/422) - 7,500 - 780$591 (26922) 753,668 748,409 - 748409 32'182 (26.922) 5,260 99,713 34,422 134,135 $ 131,895 $ 7,500 $ 139,395 The accompanying NotoatoFinanoka Statements are an integral pod of this statement -4- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2013 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED JUNE 30, 2012) Equipment Rental Insurance Licenses and Permits Maintenance and Repairs Motel Vouchers Office Outside Services Payroll Taxes Postage Professional Fees Rent Security Staff Expenses Storage Supplies Telephone Transportation Utilities Wages Subtotal Depreciation TOTAL FUNCTIONAL EXPENSES Total Program Total Program Emergency Transitional Winter Services Services Assistance Housing Shelter 2013 2012 $ - $ - $ 11,464 $ 11,464 $ 12,892 4,930 201 15,931 21,062 18,364 312 - - 312 397 2,777 - 9,932 12,709 13,446 18,597 - - 18,597 28,177 2,931 - 1,537 4,468 4,212 1,894 354 1,592 3,840 3,856 4,844 488 14,032 19,364 20,099 119 - 178 297 363 18,057 4,134 16,936 39,127 50,312 2,200 22,200 - 24,400 24,000 - - 21,828 21,828 25,160 - - 520 520 1,606 - - 2,783 2,783 2,530 101,186 745 1,789 103,720 227,130 2,537 - 602 3,139 4,413 3,375 - 107,567 4,0,9t4 128,086 - 1,549 - 1,549 1,343 49,271 5,864 103,255 158,390 178,239 213,030 35,535 309,946 558,511 744,625 1,288 - 2,497 3,785 3,784 $ 214,318 $ 35,535 $ 312,443 $ 562,296 $ 748,409 The accompanying Notes to Financial Statements are an integral part of this statement EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS Equipment Rental Insurance Licenses and Permits Maintenance and Repairs Motel Vouchers Office Outside Services Payroll Taxes Postage Professional Fees Rent Security Staff Expenses Storage Supplies Telephone Transportation Utilities Wages Subtotal Depreciation STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2012 Total Emergency Transitional Winter Program Assistance Housing Shelter Services if�E {7 2,496 3,784 TOTAL FUNCTIONAL EXPENSES $ 346,122 $ 40,259 $ 362,028 $ 748,409 The accompanying Notes to Financial Statements are an integral part of this statement I Me $ 12,892 $ 12,892 4,502 267 13,595 18,364 397 - - 397 1,698 - 11,748 13,446 28,177 - - 28,177 2,826 35 1,351 4,212 2,019 234 1,603 3,856 4,825 902 14,372 20,099 278 - 85 363 22,639 3,254 24,419 50,312 2,400 21,600 - 24,000 - - 25,160 25,160 784 - 822 1,606 - - 2,530 2,530 215,333 4,083 7,714 227,130 3,499 - 914 4,413 2,928 - 125,158 128,086 - 1,343 - 1,343 52,529 8,541 117,169 178,239 344,834 40,259 359,532 744,625 if�E {7 2,496 3,784 TOTAL FUNCTIONAL EXPENSES $ 346,122 $ 40,259 $ 362,028 $ 748,409 The accompanying Notes to Financial Statements are an integral part of this statement I Me EAST SAN GABR1EL VALLEY COALITION FOR THE HOMELESS STATEMENT OF CASH FLOWS FOR THE YEARS ENDED JUNE 3O.2O13 AND 2D12 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets Adjustments to reconcile change in net assets tonet cash provided (used)by operating activities: Depreciation Unuraaoe\ decrease inassets: {3rantsneceivabie Prepaid expenses Increase /deoreaae>inliabilities: Accrued expenses 2013 CASH PROVIDED (USED) FOR OPERATING ACTIVITIES 2012 $ /17.379> $ 5,200 3.785 3.784 '6.755> 44.426 (591) (910 (23,813) 47,477 CASH AT BEGINNING C}FYEAR 120,529 73,052 CASH ATEND OF YEAR $ 96,716 $ SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for.- Income taxes Interest $ The accompanying NotoatoFlnanoiaU8totenlonba are an integral part of this statement Eric - � - - � - EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2013 and 2012 1. Organization and Nature of Activities East San Gabriel Valley Coalition for the Homeless (ESGV Coalition for the Homeless) is a non - profit, tax - exempt organization based in the San Gabriel Valley area of California. The primary purpose of the Organization is to serve the needs and expand the opportunities of the homeless and needy in the San Gabriel Valley area. ESGV Coalition for the Homeless was incorporated as a nonprofit organization under the laws of the state of California on September 7, 1994. The Organization provides the following program services: Emergency Assistance Transitional Housing Winter Shelter The Organization is supported primarily through grants and contributions. The Winter Shelter is operated between December and March and receives funding from the Los Angeles Homeless Services Authority and federal funding from the Emergency Food and Shelter Program. The Emergency Assistance Center is operated year -round and provides food, clothing, and hygiene products, among other services to at -risk and homeless persons. The transitional housing program assists families in transitioning to permanent homes through life skill education, intense case management, and financial counseling. 2. Summary of Significant Accounting Policies The significant accounting policies followed by the Organization are summarized below. Basis of Accounting - The financial statements have been prepared on the accrual basis of accounting. Cash and Cash Equivalents - For the purposes of statement of cash flow, the Organization considers all highly liquid debt instruments with an initial maturity of three months or less to be cash equivalent. Grants Receivable - The Organization considers its grants receivable to be fully collectible; accordingly, no allowance for doubtful accounts is required. If amounts become uncollectible, they will be charged to operations when that determination is made. Fixed Assets - Fixed assets are recorded at cost or donated fair market value. Depreciation is provided on a straight -line basis in amounts sufficient to amortize the cost of the assets over their estimated useful lives of five to seven years. The Organization capitalizes all expenditures for property, furniture and equipment in excess of $500. EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2013 and 2012 2. Summary of Significant Accounting Policies (continued) Net Assets — The net assets of the Organization and changes therein are classified and reported as follows: Unrestricted net assets — Net assets that are not subject to donor - imposed stipulations and that may be expendable for any purpose in performing the primary objectives of the Organization. Temporarily restricted net assets — Net assets subject to donor - imposed stipulations that may or will be met either by actions of the Organization and /or the passage of time. As the restrictions are satisfied, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the accompanying financial statements as net assets released from restrictions. Support and Revenue - The Organization receives its grants and contracts from various Federal and State Agencies. Support received from these grants and contracts are recognized in the period earned. The Organization also receives donations from public and private foundations, fundraising events and other sources and recognizes these revenues when earned. Contributions — Non - reciprocal contributions received are recorded as unrestricted, temporarily restricted or permanently restricted support depending on the existence and /or nature of any donor restrictions. When restrictions are satisfied in the same accounting period as the receipt of the contribution, the Organization reports both the revenue and the related expense in the unrestricted net asset class. Contributed materials are recorded at their fair market value where an objective basis is available to measure their value. Such items are capitalized or charged to operations as appropriate. At year end there is an indeterminable amount of donated goods on hand for distribution. Contributed Services - During the years ended June 30, 2013 and 2012, the value of contributed services meeting the requirements for recognition in the financial statements was $21,327 and $33,761, respectively for contributed accounting services. Income Taxes - The Organization is exempt from federal and state income taxes under Section 501(c) (3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code, respectively. Accordingly, no provision for income taxes is included in the financial statements. In addition, the Organization has been determined by the Internal Revenue Service not to be a private foundation within the meaning of Section 509(a) of the Code. There are no unrecognized tax benefits identified or recorded as liabilities for the year ended June 30, 2013. The Organization files form 990 in the U.S. federal jurisdiction and form 199 in the State of California. The Organization's federal and state returns are subject to possible examination by the taxing authorities until the expiration of the related statutes of limitations on those tax years. In general, the federal returns have a three year statute of limitations, and the state returns have a four year statute of limitations. EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2013 and 2012 2. Summary of Significant Accounting Policies (continued) Use of Estimates - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the reporting date and revenues and expenses during the reporting period. Actual results could differ from those estimates. Functional Allocation of Expenses - The costs of providing the various programs and other a• •a' activities has been summarized On a functional basis in the statement of activities. Accordingly, certain costs have been allocated to the programs and supporting services benefited. 3. Fixed Assets Fixed assets consist of the following: Furniture and office equipment, purchased Furniture and office equipment, donated Vehicles Total Furniture and office equipment Accumulated depreciation Net Fixed Assets 2013 2012 $ 4,943 $ 4,943 1,830 1,830 16,745 16,745 23,518 23,518 18,617 14,832 Depreciation expense for the years ended June 30, 2013 and 2012 was $3,785 and $3,784, respectively. Normal repair and maintenance costs are expensed as incurred. The depreciation policies followed by the Organization are described in Note 2. 4. Restricted Deposits Included in cash are temporarily restricted contributions which consist of the following restrictions: Time restrictions 2013 $ 5,000 2012 $ 7,500 EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2013 and 2012 5. Commitments and Contingencies The Organization leases its office facilities under month -to -month operating leases. Total rent expense related to these leases for the years ended June 30, 2013 and 2012 was $2,200 and $2,400, respectively. The Organization leases two apartments for the transitional housing program. The rent expense related to these leases for the years ended June 30, 2013 and 2012 was $22,200 and $21,600, respectively. 6 Subsequent Event, The Organization has evaluated events and transactions occurring subsequent to the statement of financial position date of June 30, 2013, for items that should potentially be recognized or disclosed in these financial statements. The evaluation was conducted through February 4, 2014, the date these financial statements were available to be issued. No such material events or transactions were noted to have occurred. ITIT HPWO�li- � �Wqmm FY 2015 -2016 Community Development Block Grant Funds Public Service Request for Funds Contact Person: Manuel Carrillo, Jr (Previous Year Allocation):_28,500 Phone Number /Ext. —Ext. 314 CDBG Amount Requested: $_30,000_Other Funds: $_57,500_ Total: $_87,500, (Please attach a copy of your proposed budget) Project Description: The Family Service Center offers a variety of social service assistance to the residents of Baldwin Park. The FSC is centrally located and is easily accessible to all the residents. The sen niin ^cam ^ff ^r ^r) n4 the CCr` include h u+ r not Iimi + ^r1 + ^• m ^r:i^^1 ---e-- referrals, od h nL e le ed a< <� e F , %u vGL are � �,I«u � � ��u��a� a�.,e�� , . food ban L, referrals, emergency shelter vouchers, emergency food vouchers, employment counseling, homeless prevention referrals, mental health referrals, emergency transportation, case management referrals, tutoring, and educational services assistance. Over 200 clients are assisted monthly at the center. Many of clients face severe economic hurdles. Staff is committed to assisting those clients in need by identifying local resources and services. The target service area is low to moderate low income residents. Staff is requesting the amount of $30,000.00 to offset the costs of full time staffing for the facility. As noted above, the general fund contributes to the operation of the Family Service Center by covering "expenses for utilities, materials and supplies, building maintenance, outside printing .and: part: time staffing. (Please attach additional sheet to provide additional Information if needed) Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: Individuals or _500 Households For CDBG Department Use Only: Recommendation: Approved F-1 Deny= $ I DEC 1 1 2014 HOUSING National Objective / Eligible Criteria. Comments: Reviewed By: Approved-. r • � 11111111 FY 2015-2016 Community Development Block Grant Funds Public Service Request for Funds Contact Person: Victoria Valverde Phone Number/Ext. 513 (Previous Year Allocation): $31,566 CDBG Amount Requested: $50,000.00 Other Funds: $ 0 Total: $50,000.00 (Please attach a copy of your proposed budget) Project Description: This request will provide the GAP the funding for graffiti abatement services at public facilities within the City of Baldwin Park including: City Civic Center, ARC Center, Morgan Park, Shyre Park, Hilda Solis Park (Teen Center /Skate Park), Barnes Park, and Walnut Creek Nature Park. The GAP will provide service to remove approximately 300,000 square feet per year throughout the community. The GAP currently provides free service for the removal of graffiti; in actuality, the responsibility is on the property owner. However, oftentimes the graffiti is not removed in a timely manner, necessitating the GAP to intervene for removal. The subsidy will assist by removing graffiti throughout the community in the timely manner and more importantly the aesthetics of the community is maintained on a daily basis. The Public Works Department/GAP desires to continue the current program of assisting wherever graffiti exist on the public facilities. Therefore the department is requesting the funding of $50,000 to be reinstated for FY 201512016. Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: Individuals or Households For CDBG Department Use Only: Recommendation: ApprovedF-1 Deny $ DEC 11 2014 National Objective/ Eligible Criteria Comments. Reviewed By: Approved.-. m'"MR121 FY 2015 -2016 Community Development Block Grant Funds Public Service Request for Funds Contact Person: David Reynoso Phone Number /Ext. 626 813.5227 (Previous Year Allocation):$21,985 CDBG Amount Requested: $43,970 other Funds: $ (Please attach a copy of your proposed budget) Total: $43,970 Project Description: The PRIDE program is specifically designed to deal with at risk youth. It utilizes proactive and innovative techniques for positive redirection. Overseen by Baldwin Park Police personnel, the 8 -week program offers treatment, prevention and disciplinary components to alter negative behavior. The PRIDE program is a collaborative effort between law enforcement and community -based organizations, with law enforcement being the facilitator. The objective of the program is to identify problems within the family that have surfaced through juvenile delinquency. Juveniles with antisocial behavior such as truancy, incorrigibility, minor law offenses, etc., may be considered for the program. The components of the program are: Intake night, Counseling and Family Action, Community Service, Physical Training, Behavior Modification, Career Guidance and Classroom Curriculum. The requested funding will allow the Police Department to host two PRIDE programs. The requested amount will fund two programs . consisting of 40 youths each. Accomplishment Data Complete two 40 youth boot camp programs with a 100% graduation rate. Households Projected Number of Beneficiaries Served: 80 Households For CDBG Department Use Only: Recommendation: Approved 0 Den National Objective/ Eligible Criteria Comments: Reviewed By: DECA 9 2014 $ _ HOUSING Approved.: FY 2015 -2016 Community Development Block Grant Funds Public Service Request for Funds Contact Person: Manuel Carrillo, Jr. Phone Number /Ext. —Ext. 314 _ (Previous Year Allocation): 12,300 CDBG Amount Requested: $_15,000 Other Funds: $_10, 000 _Total: $_25, 000 (Please attach a copy of your proposed budget) Project Description: This program provides children of low- moderate and to very low income families in the community with a subsidy that will allow them to participate in organized youth sports programs and recreation masses Currently, the City offers 70% of a child's registration fees in an amount not to exceed $125.00 per child regardless of family size Staff requires that all participants provide proof of address and income verification. The Recreation and Sports Subsidy program has been instrumental in providing children with an opportunity to receive positive recreational experiences regardless of their ability to pay. The entire amount of $15 000 will go directly to participating families. The department absorbs the remaining costs and /or expenses for utilities, materials and supplies, building maintenance outside printing expenses, and part time staffing. This year the department is asking for a slight increase so that more children may participate and can be afforded the opportunity to enroll in recreation programs at an affordable rate. (Please attach additional sheet to provide additional Information if needed) Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: _120 Individuals or Households For CDBG Department Use Only: Recommendation: F-1 ffC � z 204 Approved Den $ ____3 HOUSM National Objective/ Eligible Criteria Comments: Reviewed By: Approved-. lilliq illilliq lipiliqp1liq CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDB APPLICATION PACKAGE I ELIGIBILITY REQUIREMENTS..................... I ........................................................ I APPLICATION CHECKLIST................................................................................... 11 FUNDING APPLICATION ................................................................................. I OJECT PROPOSAL AND AESCRIPTION..................................................................... ............ CLIENT INTAKE INFORMATION................................................................................ 3 ,PROPOSED BUDGET.......................................................................................... 4 PROPOSED BUDGET....................................................................................... 5. BOARD OF DIRECTORS...................................... ............................................. 6 PAST AND PRESENT ACCOMPLISHMENTS ....................................................... * .................. 7 CERTIFICATION............................................................................... 8 Application packages are due by 5 p.m,, on Thursday, December 11th 2014 Applications must be submitted to: Baldwin Park Housing Department E)Nloo n 0-H, 14403 E. Pacific Avenue Baldwin Park, CA 91706 ow-l"111:F-11 all DI-1111 [*ffil, &XVVY1 14 4 - 0 I N M fill IRTA In WAIRTSUR FAIR Eel 0 1 11VA :1; 111174►41:41kI To be eligible for consideration, all applicants must meet the following criteria: 1) The organization must be incorporated as a non - profit organization 501(c) (3) or chartered as a local unit and be tax exempt. 2) All Agencies must have the following: ➢ By -laws that clearly define the Agency's purpose(s), organization and duties of its officers. ➢ An elected or appointed governing board that is responsible for the governance of the Agency. ➢ Adequate administration of the program to ensure delivery of services. ➢ Assurance that it will conduct its business in compliance with the NON - DISCRIMINATION requirements of City, State and Federal governments. A An Annual Financial Audit. 3) Funding for public service programs comes from the Community Development Block Grant (CDBG) program received through the Department of Housing and Urban Development (HUD). CDBG funds are for the specific purpose of benefiting low to moderate income households. In order to be eligible to receive these funds, an organization must provide a service to the residents of the City of Baldwin Park and be able to document that at least 51 percent of the clientele served by the project/program earn less than the following income limits. Household Size Annual Income Limit 1 $46,400 2 $53,000 3 $59,650 4 $66,250 5 $71,550 6 $76,850 7 $82,150 8 $86,100 4) Agencies must be willing and able to provide required supporting documentation verifying client information (including but not limited to proof of Baldwin Park residency, pay stubs, income tax forms, W2 forms, etc...) 5) Applications must be completed and submitted on or before 5 p.m., December 11, 2014. In order for your application to be considered complete, all items listed in the "Application Checklist" must be included. Faxed or e- mailed applications will not be accepted. Incomplete applications will not be considered. APPLICATION CHECKLIST ORGANIZATION Santa Anita Family Service Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo or Suzie Ruelas at (626) 960-4011 ext 354/496.. 1. x APPLICATION FORM 3. x BOARD OF DIRECTORS AFFIDAVIT 4. x ORGANIZATION BY-LAWS 5. x CHARTER OF ARTICLES OF INCORPORATION 6. x IRS TAX EXEMPT STATEMENT 7. x MOST RECENT AUDITED FINANCIAL STATEMENT 8. x PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on December 11, 2014. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 17, 69-To M 121 FT1 11113*1 • M PAN 11,13 11 Will X-Mel o 1595 1 -My3sol RECEIVED DEC 10 2014 BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2015-2016 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: Santa Anita Family Service Agency Address: 605 Address S. Myrtle Ave., Monrovia 91016 Street City Zip Code Administrator:- Fred Loya, Ph.D Title: Executive Director Administrator Telephone: (626) 359-9358 — Fax: (626) 358-7647 Administrator Email: fredloya a@santaanitafamilyservice.org Project Site Address: 41001 Number Baldwin Park Blvd Baldwin Park 91706 Street City Zip Code Project Manager: Amy Graley, MSW Title: Senior Services Program Director Project Manager's Telephone: (626) 359-9358 ext. 5814Fax: (626) 358-7647 Project Manager's Email: amvq(d-)santaanitafamilyservice.org Describe Agency's overall function or purpose. Include history and experience in providing this service. (if more room is needed, please attach an additional sheet). Santa Anita Familv Service seeks to foster the well beina of San Gabriel Vallev residents by creating healthier families and communities through professional leadership and the provision of quality education, mental health and social service programs. Santa Anita Family Service has provided these services since 1951 and senior services since 1975. Has the Agency previously received funding from the City of Baldwin Park? x Yes (if yes, number of years 15) No Grant Amount Requested $ 5,000 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. See Attachment. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) Our taraet population is low income, minoritv elders. However, we serve an older adult, and disabled /dependent adults age 18 +. The senior and disabled /dependent adult care management program offers services that enable our clients to remain safely in their homes and within their community. In addition. our services foster indeaendence and autonomv . Describe any special characteristics of your client population. In addition to the characteristics mentioned above, our clients may be frail, homebound, have chronic physical or mental illness and /or linguistic needs associated with being non - English speaking. Increase in Funding Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). Requesting that funding be restored to previous service levels as funding has been cut for 4 consecutive years with an impact of over 34% of funding lost . The reduced funding has made service provision very difficult to all seniors in need, resulting in approximately 70 seniors unable to obtain services as needed and provided in previous year. Goal is to restore funding to $5,000 for fiscal year 2015 -2016. The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 7 regarding Presumed Benefits. Does your agency obtain this information? Yes 2M If yes, does your intake sheet and supporting documentation obtain the following: 1. Name Yes x No 2. Address Yes x No 3. City in which client last resided. Yes x No 4. Number of family members. Yes x No 5. Total family (household) income. Yes x No 6. Ethnicity Yes x No 7. Female head of household Yes x No Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: Fred Loya, PhD Executive Director Printed Name Title of Officer Signature Date ACCOMPLISHMENT DATA Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths). To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our. agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: jIndividuals Youths Households Please provide the actual number of your agency's total clients assisted to date and the projected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year Actual Projected, 07/1/14 TO Current .07/01/15 TO 06/30/16 BALDWIN PARK RESIDENTS 68 200 NON-BALDWIN PARK RESIDENTS 1900 3500 Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: ® Abused children ■ Battered spouses ■ Elderly persons ■ Illiterate persons ■ Persons with acquired Immune Deficiency Syndrome (AIDS). ■ Adults meeting Bureau of Census definition of severally disable persons • Homeless persons • Migrant farm workers Which further describes the activity you are proposing? A) x The project will benefit a presumed benefit* clientele as defined by HUD. B) The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible-income persons. In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. 0 ch o c m CO `_ co CD to CD CD LL M 00 m 44 0 M Lo 00 Lo CN a. UL co CL tm CL Cu 4-0 u • • r r a� U) c a� a x W c� CL Lo, N C6 a¢¢ a¢¢ a¢¢ a a a a z z z z z z z z z z z z z O O H LL 41 � O m L (1) o a a¢ a a a a a <1 a a Q o �� z z z z z z z z z l< z z z z CL a- 0o T- o ^ C4 a- IM a a¢ a¢ a a a a¢ a a a LO z z z z z z z z z z z z z r® N U U a a a a a¢ a a a a¢ a Q mz z z z z z z z z z z z z o = I-- LL c +r O Q. L v y Q Q Q Q C Q Q Q Q Q C l< t O L'a z z z z z z z z z z z z z + o� O to 4- L L U C)^ 0. ¢ < l< ¢ l< a l< a l< ¢ a <1 a <1 a <1 ¢ <1 l< a l< a l< a a N CO z z z z z z z z z z z z z r N U U VJ Q VJ Q cm � N Q f� C U C U U _ �=+ O C O N CO E m C C N C G c c O W 7 U U ® N c'7 cf tS) cfl I`- 00 6 T- � � cM- C) Q 00 Z r; 0 0 QLO o0 Z C1j co I Q o Z LO 0 QU) o0 Z r: oo 0 Q L' Z d: 00 QCD Cl) Z U) v a) CD U c J X w m 2 E C. L w Lu ® o a� o LU r a. Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. Name Title Term Expires Barbara Cavalier President 2015 Timothy K. Scanlan 1St Vice President 2015 Micheal Thompson 2 nd Vir_Q Pracirjanf — I ­­- 2015 Barbara Veenstra Past President 2015 Jay Coleman Treasurer 2015 Bob Proctor Secretary 2015 Gloria Crudgington Director 2015 Mario De La Torre Director 2015 Pamela Fitzpatrick Director 2015 Cierina Marks Director 2015 Cheryl Rose Director 2015 Joann Sanderson Director 2015 Name of Executive Director Fred LoVa, Ph.D (Attachment also provided.) CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start-up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally, shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. As the Executive Director, or duly authorized representative of _Santa Anita Family Service I certify that the applicant is fully capable of fulfilling its obligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as ,required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this application is true and correct. Amy Graley, MSW Senior Services Program Director PriAt Name,, _ Title of Officer to (626) 359 -9358 ext. 5814 Phone Number amyg�a santaanitafamilyservice.org Email Address Santa Anita Family Service Senior Center Program Description Santa Anita Family Service Senior Center is primarily a resource, referral, and care management agency. The premise of the senior services program is to enable frail seniors and functionally impaired adults obtain services in order to promote and maintain the optimal level of functioning and to remain living independently in their homes, therefore, increasing the quality of their lives. hi addition, student interns for the Care Management program assist care managers on intake screening, home visits and assessments, care plans, care monitoring, and information and referrals. Likewise, clinical interns provided mental health services. There are three main components to our Senior Services program: 1. Care Management 2. Home Based Care 3. Care Giver Support SERVICE DESCRIPTIONS ELIGIBILITY FOR CARE MANAGEMENT SERVICES: Care Management services are available for adults age 60 +, for disabled adults age 18 +, and for the families and caregivers of either of these groups residing in the greater San Gabriel Valley and other regions as contractually funded. COMPREHENSIVE ASSESSMENT SCREEN: Assists clients with short-term problems and assesses whether the individual should be referred to care management for further assistance. Examples of short-term issues would be assistance with completing entitlement forms, applying for Medicare or Social Security, property tax postponements, translation of documents and mail, etc. CARE MANAGEMENT: Provides advocacy and assistance to clients who are unable to manage a situation or problem due to physical and /or mental difficulties. The process starts with a comprehensive in -home assessment by a care manager and if appropriate, may include the client's family, caregivers, or support network. A written care plan is later developed with the cooperation and collaboration of the client. Implementation of the plan will involve referrals, service arrangements, case conferences with agencies and individuals involved, and monitoring of services arranged to ensure that the client's needs are being met. The goal of care management is to empower clients to remain as autonomous and independent as possible and to assist them only when needed. If a client's needs change and more services are required there will be a shorter reassessment to determine a new care plan. ELIGIBILITY FOR HOME -BASED CARE SERVICES: Home -Based Care services are available for adults age 60+ and for the families and caregivers of either of these groups residing in the greater San Gabriel Valley and other regions as contractually funded. HOME -BASED CARE SERVICES: Light housekeeping, Personal Care and our Registry worker referral service are the three core components of the Home -Based Care program. Light Housekeeping and Personal Care provide a client with a worker every other week (3 -4 hours per visit) for a maximum of 12 weeks of service. A staff person conducts a comprehensive in -home assessment to determine what program service will best meet the needs of the client. Clients will be assigned a worker based upon a waiting list and availability of workers. Our staff may also assist the client to apply for In -Home Supportive Services if needed or possibly refer them to our Care Management program. The Registry is a referral service available to our clients who either have In -Home Supportive Service hours or who have the ability to pay a worker to assist them in their homes. The range of services provided by these workers includes but is not limited to the following: housekeeping, personal care, transportation, shopping and errands, respite care, etc. There are also a limited number of workers who are able to live -in the client's home if necessary. When a client calls to request Registry assistance a thorough phone assessment is initially performed by a staff person. The assessment will focus on the client's current needs, but will also focus on their strengths and abilities. Our staff will help identify a worker that has the qualifications and the work schedule availability that best meets the clients' needs. The Santa Anita Family Service Registry is a referral service and the client is the worker's employer. The client and the worker determine the number of hours to be worked and negotiate the rate of pay. (1HSS hours and pay scale are determined by the social workers of the California Dept. of In -borne Supportive Services) Our staff is able to provide assistance with interviews, legal and employment obligations, and a list of other workers should the need arise. All Home -Based Care workers have undergone a Dept. of Justice fingerprint background check, they have provided proof of their ability to work legally, two previous job references have been verified, and they have completed an interview with an experienced staff person. ELIGIBILITY FOR CARE GIVER SUPPORT SERVICES: Care Giver support services are available for any caregiver of an older adult age 60+ residing in the greater San Gabriel Valley and other regions as contractually funded. CARE GIVER SUPPORT SERVICES: Community Education, Caregiver Training, Support Groups, and respite are the main components of the Care Giver Support services. Community Education provides educational presentations to groups of caregivers (and potential caregivers, family and friends of caregivers) about available services. Includes presentation scheduling initiated by the agency for the purpose of identifying potential caregivers and encouraging their use of the existing services and benefits. Excepted outcomes should include generating a feeling of trust and comfort, willingness to seek additional information on the services offered to caregivers by the Area Agency on Aging provider network and encouraging caregivers to seek information and services. Caregiver Training offers workshops and conferences that provide family caregivers with the tools to increase their self -care and their ability and confidence to handle difficult situations, emotions and decisions. These are conducted off -site retreats providing opportunities for caregivers for both temporary relief from their care giving responsibilities as well as providing training, sharing and mutual support in a group setting. Support Groups of three to twelve caregivers led by a competent facilitator, having the purpose of providing the caregivers with a forum to exchange "histories ", information, encouragement, hope, and support. Respite provides assistance in obtaining respite care, to permit family caregivers to attend training or support group meetings network. ADDITIONAL SERVICES TELEPHONE REASSURANCE: Volunteers make daily phone calls to clients who are either home bound, isolated, or who have limited social support. The goal is to provide socialization and reassurance and to have a safety net in case of emergency. TAXI VOUCHERS: Taxi vouchers and bus tokens are available the first Thursday of every month. The vouchers, tokens, and passes provide local transportation for low - income seniors to and from doctor's appointments, grocery store, etc. TAX FILING ASSISTANCE: Once a year AARP provides volunteers to be stationed at the senior center for the, purpose of assisting seniors file taxes. LOCATIONS Santa Anita Family Service Senior Center 603 S. Myrtle Ave. Monrovia, CA 91016 (626) 358 -1185 Azusa Senior Center 740 Dalton Ave. Azusa, CA 91702 (626) 812 -5179 San Gabriel Senior Center 324 S. Mission Dr. San Gabriel, CA 91775 (626) 308 -2822 Baldwin Park Community Center 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 (626) 966 -1755 All Santa Anita Family Service staff strives to provide services that improve the quality of life for clients while maintaining their dignity and worth. Our mission is to help ensure that client's remain safely in their homes and communities with appropriate assistance to prevent premature or unnecessary placement. SANTA ANITA FAMILY SERVICE Board of Directors Roster 2014 -15 C�7 161MM PRESIDENT 1sT VICE PRESIDENT 2ND VICE PRESIDENT TREASURER SECRETARY IMMEDIATE PAST PRESIDENT EXECUTIVE DIRECTOR ASSISTANT SECRETARY BARBARA CAVALIER TIMOTHY K. SCA'NLA'N MICHAEL THOMPSON JAY COLEMAN ROBERT PROCTOR BARBARA VEENSTRA FRED LOYA, PH.D. MARGIE HUGHES Name & Title Year Address & Phone Number Barbara Cavalier 2009 Cavalier & Associates President 518 Ranchito Road Monrovia, CA 91016 Hm: (626) 359 -6893 Cell: (626)- 327 -0934 Email: bcavaliergearthlink.net Timothy K. Scanlan 1988 1245 Carmel Court I" Vice President Duarte, Ca. 91010 Bus. & Hm: (626) 256- 0102 Cell: (626) -536 -6670 Email: tkscanlanga,earthlink.net Michael Thompson 2011 RESIDENCE: 2nd Vice President 511 Cluster Lane Redondo Beach, CA 90278 (Retired) Hm: (310) 376 -7046 Cell: (310) 989 -6150 Email: banknuts a roadrunner.com Jay Coleman 2009 RESIDENCE: Treasurer 380 West Longden Avenue Arcadia, CA 91007 (Retired) Hm: (626) 446 -1528 Cell: (951) 312 -9613 Email: icolel23gaol.com Bob Proctor 2003 1986 Midwick Drive Secretary Altadena, CA 91001 Hm: (626) 794 -8223 (Retired) Cell: (626) 252 -7022 Email: bobproc2gatt.net SAFS Board Roster 2 Barbara Veenstra 2008 Citizens Business Bank Immediate Past President 100 E. Huntington Drive Monrovia, CA 91016 B: (626) 303 -4661 Cell: (626) 840 -7177 Email: biveenstragcbbank.coin Daniel Aguilera 2014 RESIDENCE: Director 1613 Chelsea Road San Marino. CA 91108 2B Mobile Cell: (626) 660 -4313 Email: Danielg2b- mobile.org Gloria Crudgington, MFT 2011 RESIDENCE: Director 222 N. Myrtle Ave. Monrovia, CA 91016 (Retired) Hm: (626) 357 -2421 Cell (626) 357 -2413 Email: goria erudg.com Mario De La Torre 2014 RESIDENCE Director 233 Country Club Drive San Gabriel, CA 91775 Cousins Realty, Inc. Hm: (626) 287 -6315 Bus: (213) 709 -3735 Email: mjdelatorregyahoo.com Pamela Fitzpatrick 2015 The Dollmakers' Kattywompus Director 412 S. Myrtle Avenue Monrovia, CA 91016 Bus: (626) 357 -1091 Cell: (626) 862 -4297 Email: pamfitzlgverizon.net Cierina Marks 2015 RESIDENCE: Director 803 Eastford Ave. Duarte, CA 91010 California Institute of Technology Cell: (909) 641 -9706 Bus: (626) 395 -6310 Email: cierina.marksggmail.com Cheryl Rose 2014 RESIDENCE: Director 121 May Avenue Monrovia, CA 91016 (Retired) Cell: (661) 917 -2654 Email: cheryl 12530�msn.com SAFS Board Roster 3 Joann Sanderson, CPA 2014 Montgomery Niemeyer & Co., LLP Director 1037 Park View Drive Covina, CA 91724 (626) 932 -0100 Emeritus Members Peter Hoffman Sierra Cars 1450 S. Shamrock Monrovia, CA 91016 626- 359 -8291 phoffman @sierracars.com Patricia Myers RESIDENCE: (Retired) Sierra Pointe 5161 Foothills Blvd. Roseville, CA.95747 (916) 772 -0552 pat.m, ers o,asm.ca.gov Linda Proctor RESIDENCE: (Retired) 201 N. Sunset Monrovia, CA 91016 626-358-8954 1proctor@ci.monrovia.ca.us Richard Singer RESIDENCE: (Retired) 510 W. Foothill Blvd. City of Monrovia Monrovia, CA 91016 626-359-4444 studium@interdesigns.net Ex- Officio Members Fred Loya, Ph.D. Executive Director George Nalbach, Ph.D. Assoc. Executive Director Staff: Margie Hughes Director of Development David Plumb Accounting Manager (626) 359 -9358 ext. 5782 email: drfredloya@gmail.com (626) 359 -9358 ext. 5780 email: georgen @santaanitafamilyservice.org (626) 359 -9358 ext. 5514 email: margieh @santaanitafamilyservice.org (626) 359 -9358 ext. 5770 email: davidp @santaanitafamilyservice.org BYLAWS for the regulation, except as otherwise provided by statute or. its Articles of Incorporation, of SANTA A14ITA FAMILY SERVICE a California Nonprofit Public Benefit Corporation ARTICLE I. offices Section 1. PRINCIPAL OFFICE. The corporation's principal office shall be fixed and located at- such place as the Board of Directors (hereinafter the "Board") shall determine. The Board is granted full power and authority to change said principal office from one location to another. ARTICLE II - ' 11,1embership Section 1. MEMBERS. The corporation shall have no members. ARTICLE III. Directors Section 1. POWERS.' Subject to the limitations of the Articles and these Eylaws, the activities and affairs of the corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board. The Board may delegate the management of the activities of the corporation to any person or persons, a management company or committees however composed, provided that the activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board. Without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the Board shall have the following powers in addition to the other powers enumerated in these Bylaws: a) To select and remove all of the other officers, agents and employees of the corporation, prescribe powers and duties for them as may not be inconsistent with law, the Articles or these Bylaws, fix their compensation and require from them security for faithful service. b) To conduct, manage and control the affairs and activities of the corporation and to make such rules and regulations therefor not inconsistent with law, the Articles or these Bylaws, as they may deem best. I mas r� c) To adopt, make and use a corporate seal and to alter the form of such seal from time to time as they may deem best. d) To morrow money and incur indebtedness for the purposes of the corporation, and to cause to be executed and delivered therefore, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledger, hypothecations or other evidences of debt and securities therefore. e) To carry on a business at a profit and apply any profit that results from the business activity to any activity in which the corporation may lawfully engage. Section 2. COMPOSITION. The management of this Corporation shall be vested in a Board of Directors of a minimum of ten and a maximum of twenty - five members. The Board shall take final action after consultation with the staff on all major questions of policy and general plans. Section 3. annual meeting of the annual meeting of the qualified. Directors six consecutive years term may be elected t TERM OF OFFICE. Directors shall be elected at each Board. Each Director shall serve until the next Board and until a successor has been elected and may be reelected but no Director may serve more than Persons serving less than six months of an unexpired a six consecutive one year terms. Section 4. VACANCIES. Subject to the provisions of Section 5226 of the California Nonprofit Public Benefit Corporation Law any director may resign effective upon giving written notice to the Chairman of the Board, the President, the Secretary or the Board, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be selected before such time to take office when the resignation becomes effective. Vacancies in the Board shall be filled in the same manner as the director(s) whose office is vacant was selected, provided that vacancies to be filled by election by the directors may be filled by a majority of the remaining directors, although less than a quorum, or by a sole remaining director. Each director so selected shall hold office until the expiration of the term of the replaced director and until a successor has been selected and qualified. A vacancy or vacancies in the Board shall be deemed to exist in case of the death„ resignation or removal of any director, or if the author- ized number of directors should be increased. The Boar-d may declare vacant the office of a director who has been declared of unsound wind by a final order of court, or convicted of a felony, or been found by a final order or judgment of any court to have breached any duty arising under Article 3 of the California Nonprofit Public Benefit Cor- poration Lair. No reduction of the authorized number of directors shall have the effect of removing any director prior to the expiration of the director's term of office. 2. Do IM 3 Section 5. PLACE OF 11EETING. Meetings of the Board shall be held at any place within or without the State of California which has been designated from time to time by the Board. I.n the absence of such designation, regular meetings shall be held at the principal office of the corporation. Section 6. ANNUAL MEETINGS. The Board shall hold an annual meeting for the pi.t.rpose of organization, selection of directors and officers, and the transaction of other business. Annual meetings of the Board shall be held in the moti.th of March and the Board shall set the date of said annual meeting. The presence of five (5) directors at such meeting shall constitute a quorum. Section 7. REGULAR MEETINGS. The Board of Directors shall have at least ten montb.ly meetings annually at such time and place as it shall ,Qe .ett_iiine . Five directors shall constitute a quorum. The President Shall_ by virtue of his office be chairman of the meetings of the Board of Directors, and in his absence, the next ranking officer present shall preside. Section 8. SPECIAL TEETINGS. Special meetings of the Board for any purpose or purposes may be called at any time upon written request to the President by I -our directors. Special meetings of the Board shall be held upon (15) days notice by first class mail or forth eight (48) hours notice given personally or by telephone, telegraph, telex or other similar means of communication. Any such notice shall be addressed or delivered to each director at such director's address as it is shown upon the records of the corporation or as may have been given to the corporation by the director for purposes of notice or, if such address is not shown on such records or is not ascertainable, at the place where the meetings of the directors are regularly held. Notice by mail shall be deemed to have been given at the time written notice is deposited in the United States mail with postage fully prepaid there- on. Any other written notice shall be deemed to have been given at the time it is personally delivered to the recipient or is delivered to a common carrier for transmission, or actually transmitted by the person giving the notice by electronic means, to the recipient. Oral notice shall be deemed to have been given at the time it is communicated, in person or by telephone or wireless, to the recipient or to a person at the office of the recipient who the person giving the notice has reason to believe will promptly communicate it to the receiver. Section 4. QUORUM. Five directors shall constitute a quorum of the Board for the transaction of business, except to adjourn as provided in Section 12 of this Article III. Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board, unless a greater number be required by law or by the Articles, except as provided in the next sentence. A meeting at which a quorum is initially present may continue to transact busi- ness notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for such meeting. 3. V ?Z a Section 10. PARTICIPATION IN MEETINGS BY CONFERENCE TELEPHONE. Members of the Bor:3.rd may participate in a meeting through use of conference telephone or similar communication equipment, providing that all members participating in such meeting can hear one another. Section 11. WAIVER OF NOTICE. Notice of a meeting need not be given to any director who signs a waiver of notice or written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting prior thereto or at its commencement the lack of notice to such director. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings, Section 12, ADJOURNAfENT. A majority of the directors present, whether or not a quorum is present, may adjourn any directors` meeting to another time and place. Notice of thew time and place of holding an adjourned meeting need not be given to absent directors if the time and place be fixed at the meeting adj W, g) The expenditure of corporate funds to support a nominee for director after there are more people nominated for director than can be elected; or h) The approval of any self - dealing transaction, as such trans- actions are defined in Section 5233 (a) or the California Nonprofit Public Benefit Corporation Law. Any such committee must be created, and the members thereof appointed, by resolution adopted by a majority of the authorized number of directors then in office, provided a quorum is present, and any such committee way be designated an Executive Committee or by such other name as the Board shall. specify. The Board may appoint in the same manner alternate members of any connnittee who may replace any absent member at any meeting of the committee. The Board shall have the power to prescribe the manner in which proceedings of any such committee shall be conducted. In the absence of and such prescription, such committee shall have the power to prescribe: die manner in which its proceedings shall be conducted. Unless the Board or such Committee shall otherwise provide the regular and special meetings and other actions of any such committee shall be governed by the provisions of this Article III applicable to meetings and actions of the Board. Each committee shall report at least annually to the Board of Directors. Each committee shall keep, at the office of the corpora- tion, minutes of each of its meetings which minutes shall be retained for five years. Except as specifically provided by these Bylaws, each committee shall act only in accordance with the instructions of the Board of Directors. Each committee, tae Executive Director, and members of the Staff, shall work in full cooperation and in the event of any failure to so cooperate the per- son aggrieved may bring such failure to the attention of the Board of Directors. A. EiU':CUTIVE C01111ITTEE 1. The Executive Committee shall consist of the President, First Vice - President, Second Vice - President, Treasurer, Secretary, and may include two other members of the Board of Directors as the President may appoint. 2. The President shall be Chairman of the Executive Committee, 3. The Executive Committee shall have full power to act between Board meetings on matters of policy and administration. 4. The Executive Committee shall report their action to the Board of Directors, and the Board of Directors shall have the right to rescind action taken by the Executive Committee. B. OTHER C011 1ITTEE S 1. The President shall have power to appoint additional committees from time to time and to set forth their duties. 5. 1%� M Section 16. FEES AI4D COMPENSATION. Directors and members of committees may receive such compensation, if any, for their services, and such rei<<ibursement for expenses as may be fixed or determined by the Board. ARTICLE IV. Officers Section 1. OFFICERS. The officers of the corporation shall be a President, a First Vice - President, a Second Vice- President, a Treasurer, and a Secretary. The corporation may also have, at the discretion of the Board of Directors, one or more assistan "t treasurers and one or more , assistant secretaries, who shall have such authority and perform such duties as the Board of Directors may from time to time determine and such other :officers as may be elected or appointed in accordance with the provisions of Section 3 of ti:lis Article IV. Section 2. ELECTION. The officers of the corporation except such officers as may be elected or appointed in accordance with the pro - visions of Section 3 or Section 5 of this 'Article IV, shall be chosen annually by-, and shall serve at the pleasure of, the Board and shall hold their respective Offices until their resignation, removal, or other dis- qualification fro.n service, or until their respective successors shall be elected. Section 3. SUBORDI14ATE OFFICERS. The Board may elect and empower the President to appoint, such other officers as the business of the corpor- ation may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided in these Bylaws or as the Board may from time to time determine. Section 4. REMOVAL AND RESIGNATION. Any officer may be removed, either with or without cause, by the Board at any time or, except in the case of an officer chosen by the Board, by any officer upon whom such .power or removal may be conferred by the Board. Any such removal shall be without prejudice to the eights, if any, of the officer under any contract of employ- ment of the office.r. Any officer may resign at any time by giving written notice to the corporation, but without prejudice to the rights, if any, of the corporation under any contract to which the officer is a party. Any such resignation shall take effect at the date of the receipt of such notice or at any later time specified tluirein and, unless otherwise specified therein, the acceptance of such resignation shall not be'necessary to make it effective. Section 5. VACANCIES. A vacancy in any office because of death, resignation, removal., disqualification or any other cause shall be filled in the manner prescribed in these Bylaws for regular election or appointment to such office, provided that such vacancies shall be filled as they occur.and not on an annual basis. Section 6. PRESIDENT-. The President, in addition to the duties prescribed by there Bylaws, shall have the usual duties incident to his office, and shall be an ex- officio member of all committees.' 9 Section 7. VICE PRESIDENT. In the event of the absence or illness of the President, the First Vice- President shall perform the duties of the President, and in the event of the absence or illness of both the President and, the First Vice- President, the Second Vice- President shall perform the duties of the President. The Vice - President shall, so far as possible, cooperate with and assist the President. Section 8. TREASURER. The Treasurer, in addition to the other duties prescribed by these Bylaws, shall review the accounting of all funds expected by the corporation and have the usual power incident to his office. Section 9. SECRETARY. The Secretary shall keep the minutes of the meetings of the Board of Directors and of the committees as set forth in Article III, Section 15. The Secretary shall, so far as possible, take charge of such correspondence as the President may refer to him. ARTICLE V. Staff. Section 1. The Board of Directors shall select an Executive Director to serve at the pleasure of the Board of Directors and at such compensation as the Board of Directors shall fix. Section 2. The Executive Director shall have general responsi- bility for all activities of the corporation, and may attend all meetings of all committees, but shall have no vote thereon. Section 3. The Executive Director may present to the Board of Directors or any of its committees, any matter affecting the policies or activities of the corporation. ARTICLE VI. Other Provisions Section 1. CONSTRUCTION AND DEFINITIONS. Unless the context otherwise requires, the general provisions, rules of construction and definitions contained in the General Provisions of the California Nonprofit Corporation Law and in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Section 2. AIiEND14ENTS. These Bylaws may be amended or repealed by the approval of a majority of a quorum of the Board. ARTICLE VII. Corporate Seal The Board of Directors shall adopt a suitable corporate seal containing the name of the corporation, the date of its incorporation, and the word "California". ARTICLE VIII. Fiscal Year The fiscal year of this corporation shall begin on the first day of July in each year. Revised March 28, 1980 7. 1 K k" L�a�j1.(E (Pgj�0 (To 0 ��U UNTM I OFFICE OF THE SECRETARY OF STATE ccrtific 1, MARCH FONG EU, Secretary of State of the State of Calif omia, hereby certify: That the e anncxed transcript was prepared by and in this office fror�z the record on file, of which it purports to be a 11 true and correct. copy, al-id Hiat it is ful', IN WITNESS WHEREOF, I cxecute this certificate and affix the Great Seal of the State of California this 17— 'OCT 2 2 1979 Secretary of State FV L E D Op WY ig- 52 LA FMIT LY SERVICE op V.OnRV,V: Z' f DY EOF ENTS le: p.1,L f.T, ,,,I BY T.�-F PRE do horoby That VO,." g a non- . . " ! I,I ns e of f CrMin. rr I fo 1pfck, 01-1-rFlelves to ge the r as �oc� on nder the Ge j�j Non-- rof it 'Corpora, tion X43 r p i he of Lau' of : ,, Ci , - : '. , I_. 'WE DO CERT.Ln FA M the,(COrporati.on. is The _JE Th ric Lme of 117vTo brad -PrAmm r7. purp oses for which the (a) The. BPOcific , ration ire formed are Corpor ttie ev6lopment of th e :offering of family life, P rticalarY by Work 80rvice case tOrO'c"` t 0, dependence and', a no=—n (2) To re 5 and individuals by life) trained., coun salra.-4 advice . and by theM . problems ",tbeir, diffiCLl,i;i ©s and problems boar an :b� ^ea or the h 50 all of ' .0 ncial. aid .to idisadvantaged de r render tempo distr-eOz f ami lies and individuals.,:in.-, �ra 3-'f Urnj31-jed by, any 'o the r uhon such aid ,':C­ann0t'. a n Y, g o7 e rnl�l or otherwise Ge t Mmunity cO take :_pa Is progrim r,t -j,in..., he 'ad­! to seek, counsel with for be tMTi society P5 P3 a n 'abus a in s6 oth or aZenqi0SJV'.!t0�' the veil ' which are -ca ' the :,L-t�mily being of T jjL1 J4 1 sk .i;lc�,t 'rYy ..:r �r r .� "''yt +}.s s,:.r�B sxi:., '.,wrt�.a--- '- -•-- -- {' `� ..r �t ; '' i. r �`f .� ..•Y t.r ! 1 i; }r j .J Fi- K r i tt,. r. •, ti I t 2 At ' , 1 t 14 a1 t� ,.r'} r ,+.I.J {Mr( }• y �' t{ rat +r 'S} a , 3 rt u I -t � Y ' H[X - I`4- l .� -.•.tl �t _ _ ,t i �J.lt•1,�4`Z�tr.ox � {t! ����� 7'ye ` .. t .t s.:4 ,' llv 3T tt Fx• �f �tist ',, � � I t .�,"' -• - 1�.' °�, Vl r ' -�i`�9'•A°i^`��� 01 1 Y thq 2}S 'met fdT��l til 6t1i n3v��i✓tl �. � c.• 4't far=a arc t WAR: a�� dYe F9, t4'-""• � t2:g4flllSX'yts,. �j j2`.r _ ' fl?1 f�y`gs '.�.`,y,g• ;<.y 1.,Fn or a Ts "a� fans af-. t� IOWA or son CA IM � � .. •, .. S .g', tfl��g�S t;,' was t ��z•. a d to do1iso or.1yogt�9t 9 � } t J t ` rCeasar� a= pro r,� VS 1. T t' too il f I(1 PUT- Ail 'Ti3 i fl 'c t 1r7$Sd ^ ®f `t�. `J�tfl `OL C?j to ��� 7, k3oR- PzoZ�CE�unflia -- '��R ^ • -. r rF�l4 i� i { r:} t1'Y' ^r �. .. '; 'r r � .9kY - ��, , «� �Of Ceti tox`ni�. t O 4., 1. v. .. �h ttL'%�t� Of, i�,`+i,".',i. - 4 L •` �f -,� ci'�Z oficz�'fa ° I 4 :�,,:, ., it ti }. CELt ��`jot3}° azi Goy.?° YF.. >z to b'31 az� t IdrsaseaF oi`= hrnon rho s t this aOrtion until the � ra Ifi1 l ,({.. ��!ryry'•'j� i3 'd,a fr•tSi�. : : ?t;11,3 dirtCi Vt3+� ®ffi L t j f ..•�� kyy.} i. L ® pointW GI q� ,...y{ 1 •ST' , "t N' t P i t }, it r, V.+•� •$a if f0 a ali � � F � r r x; y t ' ; s � `�+ •/: 7,1 - ' t -S• " dt +! -tia t 3. 7. !"j. 1011'd in()TI, E, -73•, . {• -,+ � ,7 -Jvo 1�Zys Ef p ®'�E2l r°Sz7 ; IIl't7Zi1. tF is Y Ellie dry t i f n i z. Gib' ®� tt_'rii. Q'7r�1j5j 'Y. •� }y 1:N S� r J {. a ,�, Ts 357 tTflZro%/s9 fi x 7 ? Ad . i Q! +- fie• y *' rrttag I b no= Tli' C3 Q r f n �a.t ni.n t (]• �ttr��wj.t �4t, ' - '�p.t yf <yy ('! �GZ ,.y�.'�„ ♦`-` {_��'. �i/�1Q •�s j� }'� X,.;� oil �. i'-.�^ 4t b ii) S • `�{�L1J4 V QJ..++". 11 -i.cy All Rion nor �E Bann()N } 'i'; C i i Y J,��L�• #5 ��/ �..L r r t r ',, ,._ •+ i4 �- tt P',., w•r4 t '? a,a'- y 'i �K ✓ t -� r • lC I , t r r. 7 "c � � I • r �% t }' iA �j.s1 't •` +1'?'r� ,.0 #1•,x ur7lZe t � �F-. ,��r r k _*it - ! 1 - . r1• a vy .� ,r�r�Jd a' _ +3( -�.'I �� tMV a.i kt, l;.d .at4'- Ci.:L -.S �*.y+— �%..+j- r ` -+-t•' a L _ _ �..r�Si r. ✓ .cl-hs Yi , t4 i y, t = i 1 .r. z -RS ' ''' - 1?61 i3rondl.arn? AVO.� .Eleanor D =tzdY 110r.ald 1)Uarto California s 239 stedimun f taco, P;elsap. T e B .'2'! _. Dior ton T. ie calif - , Monroe. ( 1i is {; 9�E6 N. Colorado 131vd., .. ✓r <a Ruth Ru-.Y h , California ..i' Kvlse nrovia C y -4' Diu nliforr _ } :r 339 pro3pect Ave., Ruth R < Krame r ° ^ ' { �Sonxovia, California f i 3 )7 t fns 'Cora ,E. Moca�nt x. ry r.'. ;Monrovia, Calif Califor c ' .232; West `Lemon Age , Y.'.' P i I . �' . 1�SCKt3jT 'Clifford A Monrovia, Calif arriar, n! R i 1 _ rr v a �7 t a s �7 ° t • t }Y;. i• if t I� =c {�,� tt 1w� �T °,1017 �Eas t, Lo mon Ave -, x r, : F Monro a, C 1lfornie Y Jane t' `Munro i `t+ ,,. vi t' �rf �t L(' .' 46. F,aist -Limo Ave., ' s i Melvin A. P ©�rulJ ; Monrovia,, California r; 136 North 5th Ave ., r� Grant Petersen _: `ii! Rfontoyia, California ,I '.• C + Aver••, 'P•:.LTF14t T iron , ¢i - Almara, A RomnEy. a r via California ' Munro -. 328 Heather HeightsaCt., tiliisr I;. Shal ', Monrovia, Celifcrni _ 126 N Altfi Vista, J. `simondB :, Monrovia, California" rY t f yI:JI re33s, ' 429 East CYP ;'._. A. Bertha Smith; Monrovia, California i = k � _ 226'''Grardi Ave . P i t Clifford E spaer z.i Monrovia, Cali orna , K4;• {* . ;. John. '1�. H, sturgeon' .� Monrovia, California h h 7. t 4 t ' a? 4 85r RavaZ Oaks Drive, {x <Faul' E. °i'homas `` Monrovia, California :.., it l n corporation ra F of dircctors of thi SIX: Tha number y t thQ' membors of this cor- s La iado ted by u duly, F t; G� be change d by a BY- pora.tion. mb thou gl:aliFicytions ex s SEVEPdfiii s The = mQ and �I �i' any, d the pror�..rty, i F !. the different' classes of�m8b<srshlp� gay < - ti tF r :•. t S%M tlt(WL& sl, I' 4, Vi A if, -jr C Poor m,60 on;- CALIFORNIA Y" , ; -STA Yl TE�'OF, A661��S*;-":, , Y"". I �Coullry, Ll 1952 �'b 0 f 0 I'D, Helena V . ... this.': 14th.:daYi'-I -yi,of, Losi'Arlgel0s, thO �Count in' . I v 0 tp_]� Y �49 r i, duly 6 f Lding thorcin,.!,d, nim. State C-alif or 4.4 • .. v th S. BYb--. najjy4 appeaj�cd ­k scorn , per s a 'i�� , I , '. :Z " vloanor in 't[Ran'716Y, -uraPex 'cost 0 11cr' , Ka Y� na r R, I I f" Ora uamexyc T Wilina L Brady ,l vLdy' llono.ld' Morton,' A ;jr t %petel,3on Almore. cli�f Ord A'.' 'ay speer, and C if f_Ord th'' 13 P persons vho3e rlamcs ownA0 _Ln Stu _rgopn, j&i jo i th in" ent'l afa�'Who , acknowledg . e d- the �, i'" rum a o sub3cribed to: that th,3 Y;� me, t hand, �Lnd t6, so MY'. Whib re o�,;,ii ness - I i,� -t It n, WJ t 3rtificat I '; r. I f its t ab ova the da y. apd . ye -off i cial. seal*� m Sa X'y _-� '42, ?�o r a s c. n.and U -county aril Pires.Aug. 2�' �1953 JBSion Tj ki it it S C }V (.ftT.t�?` A. lLf101 f i11 t1Y x I V , Pdosyrio, �T 4 � x d. Lbs /tri{#�1ts� Bt�bf 'Clifo-r�it 'totary Fubin itx.rat.J fob tho Coiintr .`' �s aaion�c' ar�1; worn,;:' rsot lly appaared'Ittith rea -Ldir�, trot Sfi3, duly oaf . _ knat�n'to raw to bo tno ��qsa - "y Aalr:o th rit P t11 g Thc�q, r ar f .rho r.; ctcn�i.edg$d to r,�' :Lt +s t ? F= re Gublori 'r.d to, V13 ui�:hin ins tYtsmont, Ci2 tht�y t?� ted fha, t:ny j i ae,121el�eunto'':e ©t'my t tad; rsr4 Official tt ,f 4t ' In �r,itn�3r"hore�of . X h ,' • . ca 4 f irffit gbavc� xrrit ten. ' ,. ' 4 z:.' seal the clay and A,ynar: in'thin certifi t t t I\ 9 i J -t r u� ox• a_a_ : nary . • ,. `rya iio n :Expires Aug .2,195a� 5 M9 CQ x i r ' STATE or Ctj,=01"f2i!A, � A iaG fs °s , RYA t *'+ Tye LOS, 1L2 ?u'.-LE S, :A ril are me, He lone G ?orris., , }" On this 18th fle g: of P > , I " :'_ 7 t Fr; unt ,off Loa Angeles, Stale`of'Califarnla, Hotarg '.Public In arA for • the Co g . ' ` r S I 8 eared MeI V in io e and aWOrn residinr;; the rEin,' ciuZ� 0 onmi5s n ,,. - / q '} +ts 'j�TTll Tl .r^�� ty�r� ��++,. s }� b �Q w� •, u r be � to th } C A • :�'3�t -'='73 �., i.1w�Mn t\/ LlYV to "` e •. ; :S �:�, Ir.: + IxC' A)t' ,1 -with-In in�tru�zant, and -who acknowledged . to' me'.tha�tf`Ih© eXedutec� -the s - set my hand' and officir�Z ` aurzto" ;:.. :.:x.. In 141tna0 a - 9horeol'} Z ha.ve'` he ab��vc� ,Written: r� _ this cbrtifica.to *irs.. �+ Beal the day a�� ycar iir j' (j J c 4 ' pA ry�"ub7�o in a nr said County; a. nd. State' hi C o tmrti F N salon •.Expires Aug .2, 1953 •a • t I � T _w i -L . fl , ^t 7 - , t:. �.. +�Y C.,: STATE o7 CALIFOrunIA, . COUf[,,,y UP 'LUS 1U1GEi,ES, e: 2 before rya, �elen Un this 2Zs t day' of April; 15 ., { a 4 F elegy cl t-e of California, L , 110 tar7 Public in and far the' County of Los Ang ' fig , ' nail appeared c snionezd and sworn Peso 9 , reaid ?r� she, 01n� dulyti ' x f ! ubsaribA3 to the within k • • tO . Vhoae i to t� pernan Munro, na m the .' � nhe executed � tho ee r! Rim. � g in tru�en L, �•' ' uf�o vlec! d �,s e bihflr� of �" Z havo here unto,$et harl and oPSlaial p✓ F, ?' in Wi 6,n. f , , irat above vritton t' B ©r_1 ti o day and o ry u c n. or sa f r County,., BTds�'tStatf3 ✓ '. }, ' tr [ if R 1.. rY �y,VVtG�'ii -,+e�. ii J. �}F: �F✓3.�"r�S A�aG j,+7��s: ., .. � t µ . .I}i wr . " „ t r, i ) -per I M fi.. "4 e"T"'• saran n(-- - tii?n r r C "IT IFICATE OF ArE11DnrTT OF, ARTICL3S OF IN CORPORATICH OF FAMILY SERVICS OF g031ROVZA .• 1 ` The undersigned, Joht)` C.:- aldat� £and Sheitla ThQpvon, t'3 cit �T do h�reb�1 certify then: they are, resp�etivicely, arsd -tve tcn at '_:.... "dY�l,f c,lactAd'r'and:�acting prosident all tJr.,es herein ntian�u,: ,,Y,® - +' - ; :• , : ralifornia' cor� ai;d. n�cret°ry of .F1LY`SR:ttd1C8 QF',"�A'Fi4�.�,,., poratlon;..and further that ' One: f: the .board. of directors At a rQg-ular.m6eti.ng of said corporation , duly held,'at.iti.,principal officc for the O o'clock trann- actibn of business at Ecnroni ®,'California, at 3 =3 _A on 6ho 26th day of June,'!1961, at ' which meeting there as 3 u' - , times Present and acting a quorums of the .xcembers of said t a- dopted:' ' board, that 0110, sing z�eaolutions were duly i .�lKEREAS, it is deemed'by'the board of directors ore2st its I thin corpaz•rction tombersoth.at its "articleatofe incorporation interoots or tta r bo aconded by adding theresto,' ;Articles EIGHTH to read As fol ore: "EIGHTH: Ho parr.,`a�' 'the earnings of the oti a ll inure``to the'benefit'OJ any P bor thsraof, or to:4ny- ot2zar `individtaal. - In..the Qtront of dianolution the ass the corporation will b .- Lian or corporation transferred to a .fund, •'fdrsda . organized and op�+rata exclusively far'chah$tdibtributQo ;p ®eon, and in the evoht, of 'distribution; ahnll 64 (5". exempt .frosa:.Rad i l incocz�r taz `2tabilit�® RESOLVED FURMEFi that ,thc bdard',of directors of this cor :approves saidandn� nL `'of its poration hereby adopts ;and ` articicra of incorpo Pati, REyOLt'1iD FUjjTiC�,:i •tha.t`.'tha' president' ' and the accrctyrg . of this corporation .be and "they hereby are aut!_orized and dirccttd to p °o�urer adoption`.and' approval= of :tt foregoing am ndr.:aat by the vote and''thertisaftQr 'to' ®igzioand ,verify by �bar� of;thia corrnratiou, thou oaths std to .rile2aof? horCalifornsia. Corpo ationn Coda,',. .� rsquired by .Section 367 ''...r and in ge neral to do any and.,;a11 things'. tygcenaary' to} effect ,'.. . saisi amand=j,.nt in'•.accordancet With acid Section. X67.2.• At' 'a. npeial tae�s ing ofl.t.�z z�emb -era of said car - h held at'gaid prriaclpai;�diticd far the transaction`; ors Lion 'duly Et' p t��r ~���„�,•,,�'.t'`� 't..�'�i �k. ` i. isc.x�`RSr�.i.w..s�."P""'°�°'�' r� ._ A� —h (( r :tf�``^�k <�'ii't4' �. '4 -. `!.^ -i r s �tY _t`, { ' t 1.n. ' r.' M':. y1 1 - ? ' r -. 1 i-+�• { ' p { i ;. r � '. r •. o£ .Augt.rst,; 1961, tra.. of busin�ds,, at 7t3d "P• on the 7th day i' adopteds, �o1lo� ring ranoluti6n wan dulp P 3 then board of directors of thlo co'Pora'tion June at a regular meeting duly held on the -.2 §th day of. sincipal" o.ffiC+ Qf `thi -_ corpo:atio= reBalutlon rµr 1961, at tna- P adopted end apprmved'; y 1. at Nonrovi ; �alifornla, � of. "amid, board amen of 'the-.- articles bg, adding �tr ©r to E` r t R eoroordtion f1ma rding 63 ` . v '" BI(} }€ar€ to rand tsg itaiioaa Article r r X- „ {. this ±nest esrr!ir :gs of the Cor- "EIfI'd2 €t 2Ic pt3rt; UL g' p €,arn��uc> shall. inura tv th�thareindi idu31. `In�tha.: • r ^amber' thereof,' or'.,a y.,a. r., event �f diasolutiod �the''nasots' of thy, on or atic Jra- C, ra111 bc� transfesrred ,'.to: a'` fund,'. foundation or !r Ition erg n.ized and opgratead exclusively f purponen, and in the event, t frromtFederal' income tax axes ' tributee b call ;be.`c�na," P. liability." C€tL, EE Z` RESOLVED " that the foregoin3 IIOtd;.. TF?ER -P a of inca�`Fb2"'tion of this corporation be O f runt of the article is ad�ipted' and approve3d by thrs sddinc aPd the sztr hereby thin corporation and ttia%..,sait# 4rtlCle±a . bcs e.�ended by .;Y the re:tb Articles EZ(3HTH to .read Tel herein teat: forth. R a�yd eft was adopted and rspprovL i'hroe° TYe fc regoin G 1 et said crcmbcra' ".'rLcetia.g`by then total;.vot,c of'73 members.. o � -.said corporation ; Pour. The` total: ssu?�bcsr;, of #itAembarm tr led to veto on or conaerit tQ the. adoption of. such. amwndn�ent e ntitl a ^, r of rrhicia ten par. cent, ror 22 me�tbera cori�t` tuts A quorum. la 210, :. c Y °'thb undsrs16ned have- .cxecuted this s IIi WI°T2i &33 �Fr this $thj'daY of August," 1961. Certificate of aracndment t.rr, f Service o BdeQi s+ rionrovia { cr$ $rj{ :.Ol !`Sfftii3' `�OrLTCB -af` rionrovia :2.# 1, - r s r It 4 y� T (J, tkA.I'v P 1, tt' t 4 `4 r �';'I STNTS F C fLjjT a q; "J �(DUVTY -"! rj�st' P qP)!fI being Thor, I ilm M-� She 'John and and i.b.ay is 1. r self", 6 r JIL axor cach f ..j jj;.tj_MeE5,'rn and ,:Was Tha 0 Ylujr�, r �'j jdcnt� Of thei �i pri �Aiatndrl . PI., .... , . f I , , - , - . I ;foregoing c r PC "',a n'!'the roil", UL 0 orat ,p trey lirornift-ct O, P f tjonro r t all of ry Icm C — 'r � 11 , , - : , .11 - ' .' ' ' . -said Fam bon I,1m;'5 311c jja - ©d cetd d ach.: hn1::`rc!a r I ation tim" s , tv ! 15 0 c r tita ry ., a, true - therein. rad 0 said cor t j f i c a t tj a n d t:, ', .. ure purporting , i the: 5 igna t e. thA t- dSe tin - knovt le ::, of f, his/her c tary there.to d': secre Ident a D of the 13 ignn turets-� salo:'�Pr,cs, , ;,:,. . I . .111", . ­1 _ - Y. to. be �w 1�1:1; , 1. ''1' .0�1 �S_I.t u1ne signaturepA en I try at-e Nr apactively. 7 re t;i 4 iiY t 2 f Y and f3worn, toi-befOl ubacribed, gust, 1961 this day of Au t d a me _Y ly. 0 r n nn 110 a ejeff, S thtf r Ans I . Y.� county 0 Lit. n of' Califcr it It j, 44, '_. ". 4�ri V 4 4 It I I j j . . I.. a t J,"�j o;;;l I J'j�, 10 !r)j [4 in-1 A I A N v Q �,. WY !F 0 (""t. j ')Ij "1, `3 �t It k�T Ill .1 i .. j �.:j" j It PI 1 ^1 j , ri o01 0 7, r ce'i 'lot, t3 L tin 10 & j r:njI.gn0(j nobnr k 'i ,i lj�jjth an 0: tj X .ca kify. tilt, h Ing r - do hr" ailly.: CIO -tot 13 tcn !o " r E o� iry. L f pron1111ttf, "I. T - I A, idont;.and J ' I 'j, th, !-Y -mlifornim carp' ?.. , fit of board Of�167 r.ac;.. ragu for onot the. VLI '.Off ice .,. I � � +-�:.I,,, pr 43uly,, hall .,a . , it -t` - .. 1, 0 nn id corporation' . .. .. 1-i "., -�% . '­1. Z t, if -7j3 artjj� : at el 3 . L t 'mnnting� lotion f btA s I n 19 6 13 7 a hi tran ch U ly _j >n the. clo 0 quorum Of p dt acting n . VaG M ware '.duly „It ;t 3 t, 8.11' t im 0 13 i p r 0 a,n I , , ” .". i. , I .� ­- t I-,' p ; v adopteal 3r 0 utions, f 7*6 93 a bo m Y bers 0 f directorn e �cl -by! its best'i6toroot and be 'to, that tion !jnembor a r po r a F3 f th bagt' It' "ro 9 ndod - by, ndding., to :. h -to, te tibn ,bc MO tides of 'I EncorpO Ar rl f dllc t,ih.q. ;-Article E f the corpbrat rtY (a jg joIjs . and n E., set" Pro P ly (3acjjc!jtOd�_ta ro tnl� purp-3 aca 1' irrinvo Mb )T t c Of the: char itftblO,' with ,)r.jpj intic 0 lif ornin n noven,10. and. Taxation' Co`( o road t follow. Sis in .SANrA L. 4, oftho cOr n lint the Dn3 11LY, s F, Rv ICE - J dircc,cr'3 Of rj*-! th� th'i 1 T'U P-TaL itdopts and F - harp -Incorporat MtJon her F. . f. ; i ��, - -,, : � ,, . i - 4 4 thin" corpor. 4 �itsArticllls :0 t `n6 the h6 t thq, �11! t ,hereby,, 'an 00LIVED RF apticn. %t cif E -vorntion be rc)tr.ry I I nre ithor L2. of net r: p ?iAl JA I j If , , 1 1 . �. I , 1� " 17 .!, "I : Z • ,: < fit hl!al W lt V; A;04 'f' A�r .1 PJI Ik H J, M nign: and voti voto, 0 art?!, on, o - I n cl�-"rpl)rn 'CrArtLfi ki C -hrl anc, to es�tion, 3,67 n, -J 6 f�� . 0:� r 0 1. �': - w­: the flIC 0 pac ia . anti 0 I w h ho laid: p i, 2 9 t1l, clay, J ju rat 7 , to sT llo-Ang, re tile f o of S C 9 orpqrvt lEor the of 71 �G,: tho' bO on I it im' cc r7 i VIC tLott m rf the pri�clPaltoff en' 0 'ridopted t'. ii t liforn. m 0' july,:..� 196R, 1, 1 1 0 0� :)r'n 11onroYibt, 'board.-nn mmend ted at rt�rntion located - Snid, rod by rooblutio i lF. th' 13 car— r nratit r. 1" P): 0'. 3' of:' in�!6rporrlltiOn Of t d Drt[cle en b�!a ing th 0 ra n116 ing V 0 r d 13 1, P J_a n: nm jtt­;t I f 0 icm in JI11'. tile 1"A Bala Fir E IGI .; . "', 'I oration • 'bf, the"corp and P- -religious p The n F3 0 Vu. vacmblY Acdi,�Zktel jloj3pL-tnbl r mra,irro Sc ientif ic, rLncl* 'chL -A -Section of xitmbln I i t h in j::CrOpLill frith I.Code bf Calitfornia,,.* pancr3 InIle and Taxation �- It jrnn I nd ecl t.b, read as -bet ticJ.oJ, r follown I A t of That [3E-RV,1C 3-iforegoing 0 j p,11 ITA FP1 'that a t' SOLV D th4 E ; _T� RE orati n bE this'; 11011, _TIE p) rlg BT3 I of-T_ncokP and % of thn'ArticIcs,- amntidm-nnt JioroOT'As 'm'1OP1--oc1 that oration and bo and the s 8ralD � . . : corpoy: c f 'this embern. the , tilcretc) ovCd L-y Im I g 11. nppr Vjnd. byl;ftdcl it ,6et,f6rt lf.ns bet Rm?l 'herein I,,. , .� , , 1. tia 4 (1 r ittol rqimd� as and Articles T a; approved ted'.an going., w a.., 3. rjjlo;i f a r e by t0trL V b to:: 0 i f n tl t i ng rjsrnbcrr3 m a a d corporation. C of szlid to 1a null amen T T110 he ,adoption{{ to t nsont_ Or CO �17 t 0 ! 0 n n fq 1�E3 of which: t, quorou 1-4 11P. jl" i4- ,J� I p'. ��jd vI ifl, L It, f(h, "I).[[, 11!3 N� r r 691 11—l— a 7 ) 1 7. I N 4 of r �,'t s IS ".1 .7 STnTP 0R CAL 1rOW;1fk T4 I' ETEa :T, 1-;,l , cc um Ty'. 0 F LOS: Atm rtn ai� "risk, inn 17 mrorn,,l all fo r im Ito G.; Lri6ll{ in tile forego Ing qnrtifiaatal!,o 'IN Family Servig 1 Of V3 rpo ra tion IT 1;;l iRt of said mcnitiorlad" ;1_-, the secretory 'of n;n id c6 rj:�o read ndl tlii�t �'Lll madn'i rtrO fiF-ruc,!. tnid c(_-i1Jficatn-n of tin r mTt g a ai nc�'il th the s lgnn t. -ura.q :o ii 'If J if -.1 _i v 0 ly f I gentiine; niqnakLir6tj o pr�Aideii1t: an(V.:mccretury, re i . - I 1 11 � 1;, 1 �, . - . P*• ;, 1,q —mr TM, - —(J�. 7 F. fill If. iv Ic fl—vt F� I orS 11bj cr 3,13 c sllifo rn y o Au v n L 13 A it t' r /J�`tf - �') }� /s Vl, ri li l'i TO t i yp ;i,(;StftI �� J,� 1" • c d ifo ri-1 a 1,:; it co! 4 14. of tici,Nii, !,X A 'b };. N Ill Q it I: ,I- O'N' 1 -.4 T77. Ik 0:1, n ;ij t I AC "R"* CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD,YYYY) 11/13/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ;ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUIRER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 626 332 -2258 Fax: 626 339 -9921 LILLIAN ROMERO GOMEZ BAKER ROMERO & ASSOCIATES INSURANCE BROKERS INC. BROKERS, 750 TERRADO PLAZA SUITE 238 CONTACT NAME: Baker Romero &Associates Insurance Brokers, Inc. 1",No Ext: (6261332-2258 we No : (626) 339 -9921 E-MAIL WWw.bakerromero.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# COVINA CA 91723 (NSURERA : Great American Insurance Companies 16691 Agency Uc#: OG22790 INSURED SANTA AANTA FAMILY SERVICES INSURER B INSURER C 605 S. MYRTLE AVE MONROVIA CA 91016 INSURER D: INSURER E $ 100,000 MED. EXP (Any one person) INSURER F I I X PROFESSIONAL LIABILITY COVERAGES CERTIFICATE NUMBER: 9921 RFVLRInN MIIMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD'L INSR SUBR WVD POLICY NUMBER OLICY P EFF MM /DD POLICY EXP MM /DDfYYYY LIMITS A GENERAL LIABILITY PAC7575140 11/10/12 11/10113 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IK OCCUR DAMAGE TO RENT PREMISES (Ea occurenceED ) $ 100,000 MED. EXP (Any one person) $ 5,000 X PROFESSIONAL LIABILITY PERSONAL & ADV INJURY $ 1,000,000 X ABUSE /MOLESTATION GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,000 I POLICY P C LOC $ AUTOMOBILE LIABILITY CAP7575141 11/10/12 11110/13 COMBINED SINGLE LIMIT (Eaacddenl) $ 1000,000 IX ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) __ _ $ PROPERTY DAMAGE (per accident) $ A UMBRELLA LIAR X OCCUR UMB8049268 11/10/12 11/10/13 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAR CLAIMS -MADE DED I X RETENTION $ 10,000,000 ABUSE $ INCLUDED WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory ) ( ry in NH N/A WC STATU- OTH TORY LIMITS ER $ E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT - $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) SEE SUPPLEMENTAL CERTIFICATE INFORMATION GER I iFiGA 1 E HOLDER CANCELLATION COUNTY OF LOS ANGELES COMMUNITY AND SENIOR SERVICES 3175 W 6TH ST., ROOM 205 .OS ANGELES, CA 90020 Attention SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. JTHORIZED REPRESENTATIVE ,� i. " u Lillian Romero Gomez AGUKD Z5 (2010/05) - U 19BB -2010 AGORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF LIABILITY INS # 9921 DATE NOV 13 2012 DESCRIPTION OF OPERATIONS, LOCATIONS, VEHICLES CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED - FUNDING SOURCE - CONTRACT - ICM -AB 764 - 40133; SUPPORATIVE SERVICES 1014 -20; FCSP- 0913 -010; FCSP -GP- 0913 -010; DV CALWORKS; DV GR FIDELITY BOND - POLICY #CCP0026390 POLICY TERM 2 -8 -12 TO 2 -8 -13 EMPLOYEE THEFT - $500,000 FORGERY OR ALTERATION - $500,000 INSIDE ROBBERY, BURGLARY, THEFT, DISAPPEARANCE OR DESTRUCTION - $500,000 COMPUTER FRAUD - $500,000 TOTAL ABUSE LIMITS $2M /$2M Certificate # 9921 -DD • rte., c``� 0 0 U. S. TREASURY Dr— IDAR-t-MENT C:I :(>; j iNTERNAL REVEIME SERVICE 1 " r, ( " CO[111 1tl,,fJ,[[Uf[;, f.��:[',a�: ill,► DISTRICT T MITECTOR h, 0. nOx 233 DATE t_QS MIGEI_ES n3, C•nt_IFOANIA Soptember 8) 1961 �1 t' CoLlc S 14 t DOR 61 -21+ 5 Family Ssrvico of Monrovia 13g Fiat Lima Avenuo }ionroYia, California C e ntle;ztse n t . g. Your :rphlic'ation ftIr c':c<•rti{rtictn (roil i- rclt:ral inc:ontc• tax ttlttlur thcrltt'uv{rttntis of scc- tit +n St)l(a) c7f t[tc httrt'nn! It<:vt nnc (:t)cic of {954, ;t:; :ut ot'I;anlzntion tie t;CrihCI'dI'll-•t;ec- t {titr5( {I(c') ( 3. ) Wf the tasolc:, itas hcc:rt r.nnritictrccl. It {,; (lit: t{c•tc rill irtatitm of Otis office, h:t:;ctl crhort the eviclt;ncc presented. that yWtt rtrc rzt•,rtl,t rrtstrt I't t{c:t'a{ inc t,nu: tax a:; on crrltani :catiwt cic:;t:rilictl in :c:Ctic,n `r( }I (c)( ) of th itrrrtcil ll< vt nuc t:c iii iif fit) ; -(, ct 'it is :a{icswn that YMI Zit's tirl::utir.ct! atitl c" "ratc'tt L st'lu:;ivc:fy for charitable purpoaots. c t AL-t.- r'clinl;Iy, ycrtr art' tu,t rrclnirctl tW fitt: itu:ctritt• tax rctttCn:; tfnit•:ctt YOU 0hatil;C the c n;trac_tc:r of ynut' c,rlt:nti :cation, tilt• liurltn:;e:; frir whit:hlyou u•Ctt'c orltanlr.t ci, Or your ttu'Ihnti Wf nlic:rat inn" -Ally :;uc:lr rlt ;utl;t :. ::hnult{ hc: rc•lictric.c{ httniciliately to the above C)i:.ir'ic:t C)irt:c'tnt- if 1111c•t11:11 14•vt•nut., in mdcr tint' Iht:it' (41"L 't uliritt your cxempt :;tall:: rtray he ciuirr'ttiinc•t{. Yntr ;Iru rc (it t{recf. Iiowt:vt•r, tW filt::itI Infotttt:ttiWn t't:ttIrti. Dorm 990 n, annctnlly, with t {u: l�irttr,ira l)irt_c'tor of lnjuviml itt vi nti(, jai loill, 'Is this cxtzrnlitioli rrrit;Illis Ill effect. { h{:; forni bray hc' (,ht ;tiIWd front tltt: 1)i::tr'ict I)irt:c:tor nnct It; rc'dtilrett to ht: flied csrt (W hc_Fnrc: the fiflcentit clay of the fifth n mill {t foliuwing the clo.c of your nrcomitiIll! lierintl. , C'aiCttrc it) fill: tit: rt•tinirud itrim,i :ttitm tt•tuttt or to c,ttit'rwit:t: t•tucilily with il,c Itrts- vi:;inu:; WF t:t•ctit,n 0033(a) of tht. Cndt-'.tut tc I;ttCaticut:::tl,iTlic'ah1C ilot'retti tnay rer =1111 Ill the tr.:rtttirt:itiurt r,f ynttr t truci,t r;tatu:: nn the grotmt{:c t{tat you [I;iVL- ttt•it et:tnfili::lteti that you ;u•c nhxc:t'vittlt the t`tsrrtlititm.: Ir(pcit't•cl for the cnnthtuaticitt of alt c:xentpt t;t:tttrs. ( :rsritrihtttinn:; uinclt: in yntt ;tit: cic.`t{nc•tihlc• by Ihc• tltmctrit In c•oinl,utht(, Iliciir tnxahle net �.. �.� _._. ._. T -. _ _ _ incnrric tit lCtt 11t:istiiu.Y cult{ tt, the: t xtc nt tir'nviilt•cl to t;c't•tltin )�(�(J�tl1C ititt'Ctt;if- RCVCtttic (:Writ. of 1'154. r _... }ic clue t;t:t, h:i;ac:)c:: ;, cts:virt :t L+r ir:,n::fL r: :• tcs nr Uir )`t,ut' u:a:.1ru tttttut'tllt €t: III t:om- Ctutlnl; tilt.: vn{uc: of Ihc• rtrt c`rt:ttt csf a th•t•t•clt•cit for t:tx I,urlus::c::: ht tttt tu:nutrr ;tntC In thu uxicnt +1irWvitlt•ri by rtt'tiunrt Z( {'i i and 2100 ttf thr Imurttal Revenuc onto ttf 19.94. t . kCt: n�vCstsri 7 9 m IL L L L f 224 _Y0 tir 0 ria Ge,ntlF_me,n._ Ll 1952 FORM 25 �'xcmPtiOn From Franchise Tax RE L it the opinion of this c, _f f i c that you are exempt from e, based upon the evidence p:t se _e State -f.1-an chi Se -4,1X under the provisions 0 Section 23701dof tiac Revenue and- Taxation Code, f are organized and operated exclusively as as it is shown that -V EL 0-"'Iaritable orgamjznt Accordingly, you will not be required to file franchise t.-ax S unless You charge the character of y returns our Organization, the purposes for uh1ch you vicre organized, Or Your Mothod of operation. iAny such changes Should be reported immediately to this L� s office in order that their may be dete effect- Upon your exempt status Contributions made to -3 You arc deductible by th C donor at thcit taxablo net - s in arriving, income in the manner and to the extent Sections 17315, -1732L`6 pr 0 Vi d c, d by .17317, and 2�12lk of the Revenue and-Maxation. ode If the organization is not yet incorporated to do business in Cali or has not Yet qua-li this-approval wi fe expire within thirty unless incorporation or qual uglification Is completed 7-'ithin .such period. Very truly your$ FRANCHISE TAX BOARD John J. Campbell Executive Officer rMi By t uOt MAH.aeb Associate Tax C ounsel cc - Secretary Of Stite CC - Paul Russell D* STATE OF CALIFORNIA FRANCHISE TAX BOARD SACRAMENTO, CALIFORNIA 95867 November 20, 1985 In reply refer to 342:RTF:EO:BAF:xjs SANTA ANITA FAMILY SERVICE 143 E Foothill Blvd. Monrovia, CA 91016 Purpose Social Welfare Code SectiOrl 23701f Form of Organization Corporation Accounting Period Ending: June 30 Organization Number : 0263201 This letter confirms your previous exemption'from state franchise and income tax under the provisions of the Revenue and Taxation Code section indicated above. In confirming your exempt status, we have made no examination of your current activities. If the organization has changed its operation, character, or purpose since exemption was originally granted, that change must be reported immediately to this :Ef ice. You are still required to file Form 199 (Exempt Organization Annual Information Return) or Form 199B (Exempt Organization Annual Information Statement) on or before -Ehe 15th day of the 5th month (4 IZ2 months) after the close of your accounting period. See annual instructions with forms for requirements. You are not required to file state franchise or income tax returns unless you have income subject to the unrelated business income tax under Section 23731 of the Code. In this event, you are required to file Form 109 (Exempt Organization Business Income Tax Return) by the 15th day of the 5th month (4 1/2 months) alter the close of your annual accounting period. Exempt Organization Unit Telephone (916) 355-0392 -TB 4205-ATS (REV. 10-81/5-85) State of California Secretary of State CERTIFICATE OF STATUS ENTITY NAME: SANTA ANITA FAMILY SERVICE FILE NUMBER: 00263201 FORMATION DATE: 05/15/1952 TYPE: DOMESTIC NONPROFIT CORPORATION JURISDICTION: CALIFORNIA STATUS: ACTIVE (GOOD STANDING) I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: The records of this office indicate the entity is authorized to exercise all of its powers, rights and privileges in the State of California. No information is available from this office regarding the financial condition, business activities or practices of the entity. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of May 07, 2012. I Irk DEBRA BOWEN Secretary of State RKS NP-25 (REV 112007) "£'j. Mate of California N E -50088 �``--� Secretary of State FILED In the office of the Secretary of Statement of Information . State of the State of California (Domestic Nonprofit, Credit Union and Consumer Cooperative Corporations) Apr _ 10 2012 Filing Fee $20.00. If amendment, see instructions. This Space For Filing Use only IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM 1. CORPORATE NAME CO263201 SANTA ANITA FAMILY SERVICE DEBORAH MARTINEZ 605 S. MYRTLE AVENUE MONROVIA CA 91016 Due Date: iComplete Principal Office Address (Do not abbreviate the name of the city. item 2 cannot be a P.O. Box.) 2. STREET ADDRESS OF PRINCIPAL OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 605 S. MYRTLE AVENUE MONROVIA CA 91016 3. MAILING ADDRESS OF THE CORPORATION, IF REQUIRED CITY STATE ZIP CODE DEBORAH MARTINEZ 605 S. MYRTLE AVENUE MONROVIA CA 91016 Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added; however, the preprinted titles on this form must not be altered.) 4. CHEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE FRED LOYA 605 S. MYRTLE AVENUE MONROVIA; CA 91016 5. SECRETARY ADDRESS CiTY STATE ZIP CODE !MOTHY SCANLAN 1245 CARMEL COURT DUARTE CA 91010 S. CHIEF FINANCIAL OFFICERI ADDRESS CITY STATE ZiP CODE BOB PROCTOR 1986 MIDWICK DRIVE ALTADENA CA 91001 Agent for Service of Process (If the agent is an individual, the agent must reside in California and Item 8 must be completed with a California street address (a P.O. Box address is not acceptable). If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and item 8 must be left blank.) 7. NAME OF AGENT FOR SERVICE OF PROCESS FRED LOYA 8. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 2675 BROKEN FEATHER LN DIAMOND BAR, CA 91765 Davis - Stiring Common Interest Development Act (California Civil Code section 1350, et seq.) 9- F Check here if the corporation is an association formed to manage common interest development under the Davis - Stirling Common interest Development Act and proceed to items 10, 11 and 12. NOTE: Corporations formed to manage a common interest development must also file a Statement by Common Interest Development Association (Form SI -CiD) as required by California Civil Code section 1363.6. Please see instructions on the reverse side of this form. 10. ADDRESS OF BUSINESS OR CORPORATE OFFICE OF THE ASSOCIATION, IF ANY CITY STATE ZIP CODE 11. FRONT STREET AND NEAREST CROSS STREET FOR THE PHYSICAL LOCATION OF THE COMMON INTEREST DEVELOPMENT 9 -DIGIT ZIP CODE (Complete if the business or corporate office is not on the site of the common interest development.) 12. NAME AND ADDRESS OF ASSOCIATION'S MANAGING AGENT, IF ANY CITY STATE ZIP CODE `HE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. U4/10/2012 DEBORAH L. MARTINEZ ADMINISTRATIVE MGR. DATE TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM TITLE SIGNATURE 53 -160 (REV 10(2010} APPROVED BY SECRETARY OF STATE M-M INDEPENDENT AUDITORS REPORT 1-2 Statement of Financial Posbon 3 Statement of AcWfies 4 Statement of Functimal Expenses 5 Statement of Cash Flows 6 Notes to Financial Statements 7-12 INDEPENDENT AUDITOR'S REPORT NUNN fflw�IM C)rganizatiorq, which comprise Ine statement M TuTUT-7717F pFUNIM statements of activities . functional expenses and cash flows for the year then ended, and the related notees to the financial statements. 1�=Iijj III III IIIIIIIIII!IIIII11TI1 gil III'! IIIIIIqmII1PII I!ii I I MM1101I MIMI WNW "I' IMAKAIM WMff&jtTgfq'A;j �-- � We believe that the it evidence we ham ottaeled is sufficierl and approariate to provide a baSis, for out audit opinim Z= a# mapects In n, our opinio the financial statements referred to above prese nt fatri ry, in terial res , the financial position of tne or ization as of June 30. 2013, and the changes in its net assets a-nd its gant cash flows for the year then ended in Conformity vinh US, generally accepted accounting grin es Other Matters Our audit was conducted for the purocise Of f0riI an opinion on the financial statements as a whofe. "T, Q 414 �4,Wj tMegrat pan uF7frTfuu17pLq PrUTY77777TURMAOM-Fl, Santa Anita Family Service. Inc.'s internal rot r financiat reporting and compliance. March 26. 2014 Pasadena, Caffornia SANTA ANITA FAMILY SERVICE, INC. STATEMENT OF FINANCIAL POSITION JUNE 30,2013 a mffl��W 111111111111111111111111111111!1111111111!11111 � I I !I i I I I I � I I 2�� 91 87,801 25,000 $ 1,091,427 TIM • -4- X r11: ffil Temporarily Unrestricted restricted Total_ SUPPORT AND REVENUE Senior centers $ 1,006,840 $ $ 1,006,840 Pathways 39,046 39,046 Parents and Children In Transition 128,372 128,372 Family Support 121,200 121 = Domestic Violence Ca ins 228,7766 228,766 Domestic Violence Calworks ® GROW 27,579 27,579 School districts 17,945 17,945 Fatuity Presentation 448,485 448,A85 CSB6 181,722 181,722 City contracts 19,867 19,867 Other contracts and grants 7,633 7,633 Program fees 50,560 50,560 Donations 96,457 25,000 121,457 Gft4n-kind income 147,175 - 147,175 Interest income 1,217 1,217 Rental income 4,118 4,118 Miscellaneous income 16,340 is, Total support and revenue 2,543,322 25,000 2,568,322 EXPENSES Program services 2,337,127 - 2,337,127 Management a nd general 373,977 373,977 Fundraising 33,990 -- 33,990 Total expenses 2,745,094 2,745,094 CHANGE IN NET ASSETS (201,772) 25,000 (176,772) NET ASSETS AT BEGINNING OF YEAR ­18985773 289,573 NET ASSETS AT END OF YEAR 87,801 $ 112,801 -4- X r11: ffil TOTAL EXPENSES 753,244 105,332 24,782 883,358 1wi 1,609 - 20,110 $ 2,337,127 $ 373,977 33 2,745�,�4# The accompanying notes are an integral part of this statemenl§ .5- Program management services and general, Fundraising Total PEI SONNELEXPENSES Salaries 1,454,809 $ 248,174 $ 8,558 $ 1,711,541 Payroll taxes and employee benefits 110,573 18,862 650 130,085 Total personnel expenses 1,565,382 267,036 9,208 1,841,626 OTHER EXPENSES Insurance 1MM 28,727 991 198,117 Profession&-[ services - 37,332 14,955 52,287 Rent and lease expense 38,607 5,810 173 44,590 Utilities and telephone 6D.537 10,327 356 71,220 Building repairs and maintenance 25,075 2,180 - 27,255 Auto, including reimbursements 22= 25 - 22,253 Supplies 35,756 5,674 688 42,118 Postage 3,303 11008 2,643 6,954 Printing and paper 2,423 621 3,168 6,212 Membership dues - 1,096 - 1,096 Staff training 4,141 900 1,166 6X7 Client support 24,746 - 24,746 Family Preservation - subcontractor 98,181 - 98,181 Family Support - subcontractor 5D,175 - 50,175 Domestic Violence • subcontractor 3,381 - 3,381 Gifts-In-kind expense 147,175 147,175 interest expense 6Z435 5,429 - 67,864 L%Rr!gd1ani;ou-q a se 602 6,203 642 138527 TOTAL EXPENSES 753,244 105,332 24,782 883,358 1wi 1,609 - 20,110 $ 2,337,127 $ 373,977 33 2,745�,�4# The accompanying notes are an integral part of this statemenl§ .5- 1 11 . ii CASH FLOWS FROM OPERATING ACTIVITIES CHANGE IN NET ASSETS S (1764772) Acqustrnents to reconcile change in net assets to net cash used for operating activities: Depreciation expense 20,110 Amortized interest expense 1,088 Chances in operating assets and liabilities: Contracts receivable 99198 , (25,0W) Madge receivable (1,164) Prepaid expenses 75,087 A=Kjnts payable Accnjecl expenses (2& CASH USED FOR OPERATING ACTIVITIES (7,653$ CASi-i USED FOR INVESTING ACTIVITIES 102,531 Proceeds from sale of irwestments Purct--se of fixed assets 21 7 7 3 I CASH PROVIDED BY INVESTING ACTIVITIES 70,758 CASH FLOWS FROM FINANCING ACTIVITIES Borrowing from fine of credit 50,000 Payments on capital lease (4,132) (1 39) Principal payments on line of credit (25,9 pal payrnen not es payable F nci nts o CASH POI DED BY FINANCING ACTIVITIES 19 NET INCREASE IN CASH 82,930 CASH AT BEGINNING OF YEAR 111,815 CASH AT END OF YEAR $ 94 .=M== 1 ,745 � 74-TONCOM INTEREST $ 66,347 *WV FAMWIN 1AF*VC-j-1I A&WPW%11VxqYI '0121 JUNE 30,2013 L�tm of the Organization is obtained through various fundraising efforts and governmental grants- muill"Oug, The financial statements of the Organization are prepared on the accrual basis of accounting in accordance with U.S. generally accepted accounting principles. A summary of significant accountinj policies is described below-. WON FAIR VALUE MEASUREMENTS U.S. generally accepted accounting principles require that items recorded at fair market value be valued as level one, two or three, based on various inputs and methodologies as described below: 1111111. " '-,III UL A - 11 Level 2 - significant observa unobservable inputs that are based on conWrable market data rfq IrIIIII III IIIIIII I IIIIII�IpI !1-1 111111 -7- JUNE 30,2013 61WkIHOTUIRIEZ94001 1411#11 INCOME AND SUPPORT RECOGNITION The financial statements of the Organization have been prepared on the accrual basis of accounting. Ali donations received are considered available for unrestricted use unless restricted • the donor. Restricted funds are recorded as revenue upon recelpt. Restricted donations received and expended during the year are recorded as unrestricted revenues. g*MMEH�- BASIS OF ACCOUNTING in accordanceAnth generally accepted accounting pnncipies. the orgainizabon is required to report information regarding its financial position and activities according to ouree classes of net assets: unrestricted net assets, yip'arily restricted net assets� and permanently restricted net assets ±:. `. #' lilt operations. purposes, or for use according to specific finletalb6s. Or WK ir-eirmanentilly 'FA X requiring that principal be invested in perpetuity and iritcome be expended for unrestricted t,iemting purposes. EST IMATES The preparation of financial statements in conformity vdft U.S. generally accepted accounting pirb-sciples requires that management make estimates and assumptions that affect certain reported smounts and disclosures. Accordingly, actual results could differ from those estimates. 7UNGTIONAL ALLOCATION OF EXPENSES The cost of providing the various program services and supporting activities of the Organization have been kuAWed in Me statement of functional expenses. Accordingly, certain costs, such as depreciation and payroll, have been allocated among program and supporting activities. FdQWUM-ffir&W Land Bulding Budding improvemen =. =— M M 314,0 551,54 31,77 34,2 Rrfffl]MiN 7 SM73 —'l — In aduGon to its own ImaTI, governmental entities, including furniture and fixtures, computers, and other equipment. These assets were included in expense in the applicable contract year. QAarrAL LEASE Current - Lona-term Martin Business Bank, secured by Office z,Vsprnwl monthly principal and interest payments, of $737;bearing interest at S-689/6 $ 31,844 F�-er annum; maturing 0clobw 2017 6,327 25,517 in� 2014 6,327 2015 6,899 2016, 7,522 2017 8,201 2018 2,895 0 qj, JUNE 30, 2013 oil of the Organization are pledged as collateral for the line of credit I n w-, e outstanding oatance as 2013 was $49,861. -10- Current Low-term Total Cifizens Business Bank, secured by Deed of Trust on property located at 603, 605 and 607 South Myrtle Avenue, Monrovia, California; monthly principal and interest payments of $3,470; balloon payment of $253,646 due at matur[W, bearing interest at a rate of 2.75% above the bank's prime rate of interest per annum; matixing September 2017 18,750 $ 323,318 $ 342,0W F 64� idUlfly Lenders, secured by Deed of Trust on property located at 716 N. Citrus Avenue, Covina. California and 603, 605 and 607 South Myrde, Avenue, Monrovia, California; monthly principal and interest payments of $4,061; bearing interest at a fixed rate of 10.75% per annurn; maturing February 2029 9,492. 359,143 3a,635 $ 28,242 682,461 $ 710,703 At June 30, 2013, future maturities are as follows-. 2014 $ 28,242 2015 30,773 2016 33,373 2017 36,207 2018 39,351 Thereafter 542,757 -10- W io JUNE 30,2013 2014 $ 28,092 2015 26,930 2016 26,100 2017 23,900 2018 11,400 116,422 The Organization has a Quit Claim Mneral Deed, giving them a decimal interest of .065% in the production and proceeds. During the fiscal year ended June 3D, 2013, the Organization received the Intares has nI been determined and is, therefore, carried on the books at no cost The Organization has been named as a defendant in a lawsuit Mt -nges Claim Mneral Deed interest. No loss contingency is expected; therefore, an accrual for a loss contingency has not been recorded. jazqn--i The Organization has established a tax-deterred annu4 plan for qualified participants. Contributions to :a are non-forfeitable. The plan is a non-matching, deferred compensation arrangement whereby only the employees contribute a portion of their sahuy to the plan. MAN Three governmental contracts accounted for 730% of the OrganizatiorYs contracts receivable at June 30,2013. This represents a concentration of credit risk. ouring,115 yeane—Fir �-Sav z1v Organization's total revenue. SANTA ANITA FAMILY SERVICE, INC. Gifts-In-kind consist of-professional services rendered related to governmental contracts and are recorded at the estimated fair ma*et values when the services are provided. Donated services revenue and related expenses for the year ended June I—An, -0013 were $27,76663. In accordance vAth U.S. generally accepted accounting principles, the donated services are a level 2 classification measured on a nonrecurring basis. CAPITAL LEASE During the year ended June 30,2013, the Organization entered into a capital lease for office equipmerd totaling $35,976. The total value; of ths asset and the total arnount of the capital lease CAPITAL payable is kxAjded in property and equipment, and capital lease, respectively (see member. Total purchases fromthe company during the year ended June 30,2013 were $10,319, and Included in accounts payable at year end is $2,016 due to the company� W Al `Y. + I # f! . it ea' �► `- Y as. v Y # .. #e : A 2014 which is the Y _ _:. 17-11 M141 M+a M - it W # I� - _ '- � tK � � ss # # _ • -12- m l r � I (tt t r s�9 caw to 0 T— A go co wa n o 1 ua �04r= cv_ (q =®sew as Cm V) 2 Lo 04 Chi ul Co cr z IL u� LLI f y C'J co C3, cc ir i •" 0 0 � O � cm '�[ � cm E9j A. a�l���iy �4/re� CD V'W j a'�/ to Z d. a'. 7� f}� t \ cfd 0 eta 4 x� g� 0- . l 2��y w co 2° rev T' 0 -q tr �jj 6L 0 U- < Z 't �a6��C� CO CO p v cig to ui iF a�R w W�1y� :n csga co sq+a) Y8 m Sags W 'LSL1y/ tVqW. �Wp. y4'yEq ip °�i pW'gJy '+ 6/ "qY yi X co co 'i88 iyi 'tlN9� Pu¢¢¢b'''+® W+B 6P< VC vJ8 6ZN J_{ g Q $w �p qYg � A�y Yd^ Y E 9lf 0 O •W gy ep MMWMr i�s pp� �T'q p(q� C O LT C M CL q of cc p '. y i ! nV Ytl �W�q `p ®ye 0p 2 V i^�Y' pry. ��'y iaMpB L: c g g &MF LL i6 /R W �p CR M CL &9) r 5 co ZZ 2t � M jo: o cc r a - �' 2.1 0== DY 9. W` Crncs.a M � �>e.�x iv 1 'V � �eery�sa� � � 0 C E 't amw �✓ W °i+ yr Z.° re � S t � � � ie >% M � E N8 +i�� F ¢ r- 3 C � � _V _� °� E 'c LU at va W =` m E E �y E E E �p V J= ai a3 [sF E sra a � o $� m 0 E S E U- 0 0 tS. td� tk. � G . (3 E C3 7 c43 Si} �. CL a:l g e✓ 0 ul I (tt t O u07w Lida v OD �- Lea t3 w �CL !St X LLd 6 z r G z LL W es3 ®9 r C CD z Li3 < to _ { r_ e LL@ D z z fA cis cc c E E Qp tt9 C is r a: E 0 ett co O fl U. C W C 00 0� 0 €ra'�_'" tJ Lt6 C9E #°3 {? E CC 0 � W QD CM m w i- --s - g = E E 2 ®g 2 J w ® r K. > 0 CL S�3Cz ui ". ~ �7 3 � u CD !®° W C :) � CL W CC z :r .�t; l:::ao•. co Cc LL �. Mitt i. it l SANTA ANITA FAMILY SERVICE, INC. d: »2f £. ±d ±f#? FOR THE YEAR ?2#»» JUNE «0 2i« Federal Amounts Provided Title »»■+ 2- 4 S 4rec!2! < f <� w « . y. T:N ; < » � :« ma«4� .� a= m Rim � \�� \ :««r WIMM" "VAR MzffjW*AMM=- "I'Mmr.= 11 accee in the Urdted State$, of terruv contr that mss ss A S��[ficairrt deficiency is a def iciency, or a COMbinatiGn Of deh-r*m tn in of ged w4t, by fitose severe than a matenal weakness, yet impol enOl 10 "lent atte n ctlax governance, Compliance and Other Matters As paq of obtairung reasonable assurance about whelher S-311ta his FamrIY -Service, Inc..'s firlancia( statements are free from material misstatement, performed tests of its compliance with certain provisions of laws, regutabons* contracts, an4 grant agreements, noiricornpliance with which could have a direct and material effect on, the dater mination of financial qaternent amounts, IFICIVIvever, providing an opinion on compliance with those ProviSionswas not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no Instarc-es of .16. accompanying noncompliance or other matters that are required to be reported under Government Auditing Santa Anita Family, Service, IM's resPOnse to tt* findings b*nfified in our audit is descrA)ed in the schedule of findings and questioned was not subjected t the audifing procedures and- accordingly. in # w :...: all is not suitable for any other - _. and w afch 26, 2014 pasadena. California -17- To the Governing and Santa Anita Family Service, Inc. Monrovia, California ME= 1!iilillillillillilill IN i �111�� Marlagernent 6 respoi for mrip1wre with ft ecltaternenit5CO 181. nag tilations, contracts, and graM applicable to its federal programs. is for our opinion an compliance for each major We believe ftt Our aui PrOvIdes a raaso i bas fm na nta rd P, n1dY federal program. However. our audit does not provide a kogaf dete i tie"Sa A' a-a Service. Inc,is compli 431; NOW00 In out opinion- Santa Anita Fam-AY Ssry ' lm. compjie � in all rnatenal respects, with 0- types 0' I ot 1, Compliance requirements refsr"--d to a"fe, that coule neve a direct and awatertaleffs- Or, 99Z , f ',ts major federal Programs for ft year ended June 30, 20 13. Management of Santa Anita Family Service, fric, fs responsible for establishing and maintaining effective internal control over compfiance with the types af'icompfiance requirements referred to cia, viiie considered Santa Aritta, Family aoove. in planning and performing our audit of comPlian - -18- The purpose of this report on k4errwaf cordrol Owt COmPfiance is Sol* to describe the scope of our Wts Of umt " based an the regakernenm Of m SANTA ANITA FAMILY SERVICE, INC. QI aw a i. The Independent Auditor's Report expresses an unqualified opinion on the financial statements of Santa Anita Family Service, Inc. (the Organization). X A material weakness relating to this audit of We financial statements is reported in Via Independent Auditor's Report on Internal Control over, Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordarwe with Government Audifing Standards. 3. No Instances off r"compliance m.ateri--' to ft financial statements of the Organiza-tiCZ were disclosed during the audit I 4. No material weaknesses relaft to the audit of the major federal award programs are reported in the Independent Audiloes Report on Compliance for Each Major Program and on internal Control over Compliance in Accordance with OMB Circular A-133. 5. The Auditor's Report on Compfiance for the Major Federal Award Programs for the Organization expresses an unqualified opinion. I Fill Fill I I I I I I I 1111111111111 4 i 11 2013-1: UnderstarviLng ot Financial ACCOUnUTT 3 Adfustrnents -20- SANTA ANITA FAMILY SERVICE, INC. SC2EILII..:lf-Fl"142 *8 FOR THE YEAR ENDED JUNE 30,2013 IIIIIIIIIIIIIIIIIIIIIIIII III iiiiiii iij 11111111111111111rill IIIIIIII ll!1!jFll!I 11�111 All In addition, we have begun this process and have identified a number of improvements that can be made. SAFS is in the process of reorganizing the Management has identified some areas for improvement to enhance the FOR THE YEAR ENDED JUNE 30T 2013 1�i I L M«a� »«. -22- ", W AJ" go-TV 11P ORGANIZATION St. John the Baptist Social Services Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "'N /A"" in the box. If you need assistance, or have questions, contact Michelle Bravo or Suzie Ruelas at (626) 960-4011 ext 354/496. APPLICATION FORIV 2. X BUDGET PROPOSAL (ATTACHMENT A) 3- X BOARD OF DIRECTORS AFFIDAVIT 4. X ORGANIZATION BY-LAWS 5. X CHARTER OF ARTICLES OF INCORPORATION 6. X IRS TAX EXEMPT STATEMENT 7. X MOST RECENT AUDITED FINANCIAL STATEMENT 8. X PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on December 11, 2014. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 -3- FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2015-2016 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: St. John the Baptist Social Services Agency Address: 3883 Address Park 91706 D Baldwin Park Blvd. Baidwil 1 1 Street city Zip Code Administrator: Fr. Michael Gutierrez Title: Pastor Administrator Telephone: (626) 960-2795 — Fax: (626) 960-5085 Administrator Email: sjbsocialservices ail.com Project Site Address: 3910 Number Stewart Ave., Baldwin Park 91706 Street City Zip Code Project Manager: Michael Ward Title: Director Project Manager's Telephone: (626)337-4223 Fax: (626) 960-5085 Project Manager's Email: , sibsocialservices(a--)qmaii-com Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional sheet). St. John the -Baptist C. urch Social Services has a long history serving the community. This is done through year-round programs such as food aid, homeless assistance, citizenship classes, aerobics, aid for utilities and rent bills, hosting a county worker for Medi-Cal and EFT needs, and counseling -services to special events such as immigration advice sessions, health and iob fairs, Thanksgiving and Christmas food and toy drives for clients regardless of faith Has the Agency previously received funding from the City of Baldwin Park? x _Yes (if yes, number of years 4 No -4- Grant Amount Requested $ 2,200 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. The parenting and violence . prevention class seeks to offer two tranches with 10 classes in each tranche to n;;nzDitS iin_Baldwin Park.. These classes will offer ways for ..parents to improve their situation at home with their children and teenagers and also promote more stable- peaceful homes free of violence. These classes have been approved by the Los Angeles County department of Probation to fulfill requirements In parents to attend courses when r child--- have been involved with the legal system. Objectives are to improve parenting skills, see better behavior among children inside and outside the home, and reduce domestic and external violence. Graduates of the classes have said it has made "si nificant impact in improving their homes and relationships with their children. Case management is also offered to see what other forms of assistance can be used to resolve problems Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The clientele who will benefit from the arenting and violence prevention classes L EM - Mg -D include -families,. teens �youth and single mothers. Describe any special characteristics of your client population. _ Many of these clients and/or family members are currently in contact with law enforcement. Increase in Fund ' ing Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). The extra funds would help cover growing costs of printing for class materials and follow-on casemanagement work. -5- • The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 8 regarding Presumed Benefits. Does your agency obtain this information? X Yes MS If yes, does your intake sheet and supporting documentation obtain the following: Name 2. Address 3. City in which client last resided. 4. Number of family members. Yes X No Yes X No Yes X No No Yes X No 5. Total family (household) income. Yes X No 6. Ethnicity Yes X No 7. Female head of household Yes X No Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: Michael Ward Print Name 1.Z Signature M Director Title of Officer ;> C— Date Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: • • • 0 Individuals Youths Households Please provide the actual number of your agency's total clients assisted to date and the proiected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year MR Actual Projected 07/1/14 TO Current 07/01/15 TO 06/30/16 BALDWIN PARK RESIDENTS 5 10 - NON-BALDWIN PARK RESIDENTS - MR 7a V� • � Iffil I income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: • Abused children • Battered spouses ■ Elderly persons • Illiterate persons • Persons with acquired Immune Deficiency Syndrome (AIDS). ■ Adults meeting Bureau of Census definition of severally disable persons ■ Homeless persons • Migrant farm workers the activity Which further describes t Lh y you are proposing? A) The project will benefit a presumed benefit* clientele as defined by HUD. B) X The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible-income persons. In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. I 0 4p PO C-n P w N) > 0 W 0 -� Cl) n 0 r4. =T, CD CL (D 0 0 (D a) @ x (D N rl. 0 CD CD =3 =3 0 0 -n cn 3 m -0 m SZ 0 03 0 0 CL CD CD -n i r+ CA CD CD 0 00 0 K K) CD CD 0ED -.1 1 ca 10 CD 0 h 0 CD 0 -(nQ h r r CL CD m La Cn rr C 0 cc CL 00 03 Q 03 00 to 0 (D = 0 r CL (D (D --h 0 X'O 0 oCL CL to CD Cl) -n --i c 0 CL CL 0 rn (D 00 --4 03 Fo CDI - 9) �n P�l , rl. --1 0 0 0 C: (D 0 0 > o o =p 0 '0 cn 0 0* CD (D 10 .. .. ID ' (D 0 ED W CD FD m w CD :3 3 C/) CD 0 0 Coo cn -a D CD @ I Z 0 C: CD. (C) to G) CO CD -0 w CD Co I=D 3 m CD x a p :� (n cr m F) < FD 0 M CD CD 70U) CD X 0- w cn CD 0- CD 3 ro cn r CD cn ri C) 04 CD cn cn 0 0 CD CD 0 0 r") Co CA 00 0 0 cCk) n Cn CA) Ol CD 0 (D CL cn "t hi 0 0 1 a -0 0 CD -0 CD cn N) cn a o 0 C) cn 0 0 0 = f--I- a M CL CL x S. (D (D N) m N) Ch cn cn 0 n hi CD 0 Cl C> CA C) cn (Yi CD 0 (51 00 cyl --h 0 a a -h (D 0 0 0 (D a CL 0 (D CL GQ (D N) N) -n -i r+ 0 0 0 T 0-0 CY) 0) co C) 0 0 C" • • I&I Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. Name Title Term Expires 1.Sylvia Rueff President 2015 2.David Gaither 2015 3.'\/eronica Moreno _P2E017E 2017 4.0felia Guzman Vice President 5.Rosie Gaither 2017 6.Victor Chavez Community Outreach 2016 7.1-lector Carrilo Youth Programs 2015 8.Sara Garcia Parental Liasion 2016 Name of Executive Director Fr. Michael Gutierrez CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start-up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. -11- As the Executive Director, or duly authorized representative of _St John the Baptist Social Services (Agency), I certify that the applicant is fully capable of fulfilling its obligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this application is true and correct. Michael Ward Print Name Signature- (626) 337-1013 Phone Number sibsocialservices(c-),qmail.com Email Address -12- Director Title of Officer Date St. John the Baptist Social Services Organization By-Laws St. John the Baptist Social Services is a part of the parish of St. John the Baptist. The parish operates under legal and administrative control of the Archdiocese of Los Angeles. There is no separate set of by-laws for Social Services. St John the Baptist Social Services Charter of Articles of Incorporation St. John the Baptist Social Services is a part of the parish of St. John the Baptist. The parish operates under legal and administrative control of the Archdiocese of Los Angeles. There is no separate charter for Social Services. MAR -14 -2006 12:17PM FROM-LA ARCHDIOCESE /FINANCE 213 637 -6143 T -449 P.001 /003 F -463 Archdiocese .of Los Angeles 3424 Wilshire Blvd. Los Angeles, CA 90010 PAX TRANSMITTAL SHEET ; To: 7osie Robles Tate: March 14, x.006 St. John the Baptist Church, Baldwin Park Tel #: (626) 960 -2795 From: Msyra Tamayo 213 -637 -7546 Fax: 213-6-37-6143 Fax #: (626) 960 -5085 # of Pages including cover: 3 Re: 501c Form This Article shows that-w- are a. non-profit organization. Thank you, Mayra CONFIDENTIAL NOTICE This transmission is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and confidential, If the render of tite message is not the intended recipient, you are hereby notified that any disclosure, distribution, or copying of this informaiien is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone, and return the original document to us at the above address via United States Postal Sorviee. MAR-14 f -20K INTOM FROM-LA ARCHDIOCESE/FINANCE Internal Revenue Service Vistrict Plite: July 1, 2006 Ms. Deirdre Des iigue Associate Generv, Counsel I Inited Sta ter> 1--fflerance NOW of Catolic Bishops 32114"' Street, N.E. V Iae in tort _hIX.9 20017-11 At 94 Dear Ms. Dessinoue. 213 SST-6143 T-449 P Departmenl t of the Treasury Fif 0. Box 2608 Cinaffini3fl,' ON -45201, Paman to Contaot; James Blair ID # 31-07578 Tillophone iNumber: 877--829-6500 FAX. Numb er.' 5113-263- 7�6 002/003 F-463 In a ruling dated March 25, 1946, we held that the agen6les end instrumentalities and all 6ducational, charitable and religious instituflon, s operated, supervised, or controlleci by or in connection with the Roman Catholic ChurctTin the United States, its territories or P05"sessloris appa4dng'in The Offc; "a[ Cathofic Di: votory 1 946, are entitled. tq axernptj on from federal incorns tax under the pMVisions of section 101,(6) of the Intern, al'Ravenue Code of 1939, which corresponds to section 501(c)(3) of the 1986 Code, This ruling has been updated annually to cover the activities added to or deleted from the Directory. The Offi-Cial Gathoric D rector} : for 2005 shows the,names and addresses of all agencies and instrumentalities and in Wucstjonar, charitable, and P011910US institutions operated by the Roman Catholic Church in the United Statea, its territories and possessions In e)dst$nqe at the time the Directory was published. it is undersitood that each of these Is a non-profit organization, that no part of the net earnings theraof inures to the benefit of any inoWidual. that no substantial part of their activities is for PFOMMOn of legislation, and that none are private foundations under section 509(a) of the Code. Based on all infbrmation submitted, we conclude that the 4190MIes and instrumentalities and educational, charitable, and religious institutions operated, supervised, or controlled by or In c-annedon WC the Roman Catholic Church in the United States, its territories or pos4aesions appearing in ne Official Catholic Directory fot 2005 are exempt from federal income tax under section 50'1(c)(3) of the Code. Donors may deduct contributions to-the agencies, instrumentalities and instigations referred to above, as provided by section 170 of the Code. Bequests, legacies, devises, transfers or gifts to them or for their use are deductible for federal estate and gift tax purposes under sections 2065, 2100, and 2522 of the Code, MAR -14 -2006 12:16PM FROM -LA ARCHDIOCESE /FINANCE 213 637 -6143 T -449 P.008/003 F-463 Me. Deirdre Dessingue Beginning January 1, 1984, unless specifically excepted, you and your suboirdinate►s must pay lax under the Federal Insurance Confdbutions Act ISocial Security taxes) for eaich employee who is paid $.100 or mora in a Qalendar year. You and your subordi. -M °s are not Ilpble v� tote tax ut;der �e F!edO- IIJrteiYtplpynlertt lax Fact (FUTA). By May 31, 2006, please send thirteen (1,3) copies of ne- t5fciat 0907olic Directory for ;2QO6 to IRS T FaGF, in Cincinnat% ciie copy to �e Processing i rnpus In Ogdeh; two copi�e ea( -,K-to the 90 Area Managers in Newark, arbaklyn, Chicago, S;t. Paul, Atlanta, 'Las Angeles, the IRS - National Headquarters and 'the Direeior„ �O Farr jnatipns; Deltas. The candifiions concerning the retention of your-group exemption as set forth in our prevfous -determination letter of August 17,19$-3, remain in full force and effect. Sincerely, for'Janna SkUfca, Director, TFIGE Customer Account Services 11:33 AM St John The Baptist Church - GENERAL 07/25/14 Balance Sheet Accrual Basis As of .tune 30, 2014 ASSETS Current Assets Checking /Savings 100108 - Checking - Main (B of The West) Total Checking /Savings Other Current Assets 100200 - Salary Advance 01 Sal Advance /MG a. Borrowings b. Payments Total 01 Sal Advance /MG 02 LOAN REC /M.G. b. Payments z. Prior Year Bai Total 02 LOAN REC /M.G. Total 100200 - Salary Advance 100300 • Bank Transfer 01 Festival 02 Gift Shop 03 Rel Ed 04 Social Services Total 100300 - Bank Transfer Total Other Current Assets Total Current Assets Other Assets 100650 - Inv Pool /Surplus 02 Withdrawal 03 Net Return 99 Prior Year Bal Total 100650 - Inv Pool /Surplus Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities 200410 - Campaign for Human Dev 01 Cmpgn Human Dev /Collection 02 Cmpgn Human Dev /Remittance Total 200410 • Campaign for Human Dev 200415 • Cardinal McIntyre 01 Cardinal McIntyre /Collection 02 Cardinal McIntyre /Remittance Total 200415 - Cardinal McIntyre 200425 • Universal Comb -Bshp Ovr /Ltn Amr 01 Universal- BshplLt Am /Collect 2330 -02 - 02 Universal - Bshp /Ltn Am /Remit Total 200425 • Universal Comb -Bshp Ovr /Ltn Amr 200448 • Holy Land 01 Holy Land /Collection 02 Holy Land /Remittance Total 200448 • Holy Land SJBCHU - 18 Jun 30, 14 3,781.37 3,781.37 9,618.75 -9,618.75 0.00 - 1,100.00 1,135.50 35.50 35.50 - 155,381.42 - 9,200.68 -16,000.00 - 42,757.25 - 223,339.35 -223,303.85 -219,522.48 - 11,000.00 222.58 25,173.74 14,396.32 14,396.32 - 205,126.16 500.00 - 500.00 0.00 1,431.00 - 1,431.00 0.00 100.00 - 100.00 0.00 100.00 - 100.00 W& Page 1 11:33 AM St John The Baptist Church - GENERAL 07/25/14 Balance Sheet Accrual Basis As of June 30, 2014 200468 • Religious Retirement 01 Re[ Retirement/Collection 02 Rel Retirement/Remittance Total 200468 - Religious Retirement 200470 - Mission Co -Op 01 Mission co -op /Collection 02 Mission co -op /Remittance Total 200470 • Mission Co -Op 200480 - Propagation of Faith 01 Prop of Faith /Collection 02 Prop of Faith /Remittance Total 200480 - Propagation of Faith 200499 • Other Archd Collection 01 Other Archd Coll /Collection 02 Other Archd Coll /Remittance Total 200499 - Other Archd Collection Total Other Current Liabilities Total Current Liabilities Total Liabilities Equity 300000 - Retained Earnings 307010 • Prior Year Fund Balance Net income Total Equity TOTAL LIABILITIES & EQUITY Jun 30, 14 500.00 - 500.00 0.00 1,000.00 -1,000.00 0.00 6,600.00 -6,600.00 0.00 13,745.00 - 13,745.00 0.00 0.00 0.00 0.00 -138,811.58 165,160.85 - 231,475.43 - 205,126.16 - 205,126.16 SJBCHU - 18 Page 2 W�W �M M�� WrOMOT&-wo n."o am r, FY 2015-2016 Community Development Block Grant Funds Public Service Request for Funds Contact Person: Manuel Carrillo, Jr (Previous Year Allocation):_1 2,300 Phone Number/Ext. –Ext. 314. CDBG Amount Requested: $_15,000_Other Funds: $ 15,000 Total: $30,000 (Please attach a copy of your proposed budget) Project Description: The program provides summer job opportunities for youth in the Baldwin Park community who need employment experience. The program provides job opportunities for low to low-moderate income youth aged between 16 to 21 years old. Each student will receive approximately 250 hours of work experience. The youth employment program complements the a1tV by acting as a feeder program for regular part-time positions. Every year, all funds are exhausted as a result of the valuable role youth employment contributes to the City. The allocated amount goes towards funding the program. The department will use other funds to absorb the administration costs of the program including, expenses for utilities, materials and supplies, uniforms, outside printing expenses, participant supervision and program management. (Please attach additional sheet to provide additional Information if needed) Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial I- J .1 — improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: —10—Individuals or Households For CDBG Department Use Only: Recommendation: DEC 11 20141 Approved 17 Deny= $ HOUSING National Objective/ Eligible Criteria Comments: Reviewed By.. Approved.; ITEM NO. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Servic DATE: March 18, 2015 AY SUBJECT: SELECTION OF PRINTING OPTIONS AND AWARD OF CONTRACT FOR PRINTING OF THE BALDWIN PARK NOW SUMMARY The purpose of this staff report is for the Citv Council to award a printing contract for the Baldwin Park NOW and provide direction for the printing options of the Baldwin Park NOW. FISCAL IMPACT The existing budget has an allocation of $40,000 for printing and postage. Below is a breakdown the various funding sources. Currently, the cost for postage is $14,250 and $25,750 for printing services. Fiscal impact will be based on selection of printing options and frequencies. Allocation Funding Description $15,000 General Fund $12,000 AB 1693 $4,000 Proposition C $4,000 Measure R Local Return $3,000 Proposition A $2,000 Gas Tax $40,000 Grand Total RECOMMENDATION Staff recommends that the City Council: 1) Award a contract for the printing of the Baldwin Park NOW to iColor Printing & Mailing for the duration of one year; and 2) Select a printing option job specifications; and 3) Select a printing frequency; and 4) Authorize the Mayor to execute the following agreement. LEGAL REVIEW The City Attorney approved the Agreement and approved it as to form. BACKGROUND At their February 4, 2015 City Council meeting, a Request for Proposals (RFP) was approved for the printing of the Baldwin Park NOW. The purpose of going out to bid was to obtain the best price for printing services. Opening the bidding process allows the Department to take advantage of any cost savings and ensure the City is receiving the highest quality of service at the best possible price. The RFP was rather complex since it included three options for paper weight and layout type along with printing frequency options within each option. The frequency options were quarterly, bi- monthly and monthly printing schedules. The RFP requested that bidders provide costs for the Baldwin Park NOW and the Summer Recreation Guide that is included as an insert in the Summer BP NOW publication. The RFP allowed staff to consider and evaluate costs to increase the number of issues of the Baldwin Park Now and include various paper weight options to determine if a cost savings could be achieved through the bidding process. A total of six (6) proposals arrived by the February 26, 2015 deadline. Approximately 100 RFP's were mailed out to local printing companies and it was advertised on the City's website. All of the submitted proposals were evaluated and rated by three (3) staff members. Staff selected iColor Printing and Mailing because they provided the lowest and most responsible bid for the project and have experience in working with other municipalities and public agencies. The selected vendor operates a full service printing facility headquartered in Los Angeles. The table below highlights a breakdown of options and frequency printing costs using the selected bidder. Option 1- Existing 60# Booklet style Printing Frequency Cost Postage Total Savings Cost 4 Times 15,680 14,250 29,930 10,070 6 Times 23,520 20,850 44,370 4,370 12 Times 47,040 40,650 87,690 47,690 Option 2 - Tabloid Style 709 Printing Frequency Cost Postage Total Savings Cost 4 Times 16,880 14,250 31,130 8,870 6 Times 25,320 20,850 46,170 6,170 12 Times 50,640 40,650 91,290 51,290 Option 3 - Tabloid Style 35# HiBrite Printing Frequency Cost Postage Total Savings Cost 4 Times 12,400 14,250 26,650 13,350 6 Times 18,600 20,850 39,450 550 12 Times 37,200 40,650 77,850 37,850 The table above does not reflect the cost to print the Summer Recreation Guide insert into the Baldwin Park NOW issue. Specifications for the Summer Recreation Guide do not change, however, based on the option selected, there may be a slight cost savings to the Recreation Guide. Since the City received a variety of proposals, the lowest responsible bid provides the City with an annual savings of approximately $10,070, should the Council continue with Option #1 which is the existing quarterly (4 times a year) schedule and the same paper weight. A savings of $13,350 could be achieved if the Council chooses to select Option #3, which is a tabloid style publication with a lower paper weight. Since a cost savings has been identified, the Council may choose to increase the printing frequency to 6 times a year with minimal impact to the budget. However, if the Council chooses to print 12 times a year, then the City's cost would significantly increase. ALTERNATIVES There are no viable alternatives not to approve this agreement. All alternatives are included in this staff report. ATTACHMENT 1) Agreement with iColor Printing & Mailing 2) Summary of Bids Received 1 � THIS AGREEMENT made and entered into this 18th day of March 2015, by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter "CITY ") and iColor Printing & Mailing, Inc. a California Corporation (hereinafter" CONTRACTOR "): WITNESSETH: The parties hereto do agree as follows: (1) RECITALS: This Agreement is made and entered into with respect to the following facts: (a) CITY has heretofore solicited sealed public bids for printing services as specified herein and accordance with the plans and specifications in said City; and (b) CONTRACTOR has submitted a proposal to accomplish said work; and (c) The City Council of CITY has heretofore determined, in accordance with all applicable laws, CONTRACTOR'S said proposal constitutes the most qualified bid and has heretofore awarded said proposal to CONTRACTOR; and (d) CONTRACTOR is fully qualified to perform the work as hereinafter described. (2) CONTRACTOR DOCUMENTS: The following documents, incorporated herein by this reference shall constitute the contract documents referred to in this Agreement. (a) Request for Proposals (RFP) (b) Bid Proposal (c) General Liability Insurance Certificate (d) Workers Compensation Certificate (e) Business Automobile Liability Insurance Certificate (3) NATURE OF WORK: CONTRACTOR agrees to furnish all materials, tools, equipment, transportation, labor and service necessary to perform and complete in a good and workmanlike manner the services in the manner designated in this Agreement and the contract documents. CONTRACTOR shall provide printing and professional services, which would entail the following: • Coordinate delivery of City supplied art files • Providing proofs for review • Making final blue line changes • Printing of 22,250 copies • Delivery to the United States Postal Service (USPS) for distribution • Deliver copies to Esther Snyder Community Center • Follow printing and frequency specifications as per Attachment A (4) COMPENSATION: For work satisfactorily performed by CONTRACTOR, CITY shall pay CONTRACTOR a total amount as per selection on Attachment A for all services rendered pursuant to this Agreement and based on a total not to exceed ten percent as per the amount on Attachment A for each issue of the NOW. Such compensation shall be paid in a per issue lump sum within thirty (30) days after CITY approves an invoice (i) submitted by CONTRACTOR after the satisfactory completion of the service required for each issue of the NOW and (ii) that describes satisfactory work performed to date and the lump sum to be paid, any and all amounts previously paid or invoiced and the remaining amount of the total not to exceed figure established by this Agreement. (5) TERM OF AGREEMENT: This Agreement shall commerce as of April 1, 2015 and shall be valid for a period of twelve (12) months thereafter, unless terminated earlier pursuant to this Agreement. CITY reserves the right to negotiate an extension to this Agreement for an additional period of two (2) years prior to expiration of this Agreement. (6) TERMINATION; ASSIGNMENT: This Agreement may be terminated without cause at anytime by a majority vote of the City Council and upon ten -days' (10- days') written notice to CONTRACTOR. This Agreement shall not be assignable or transferable by either party without the express written consent of the other party. (7) INDEMNIFICATION: CONTRACTOR shall defend, indemnify and hold harmless CITY and CITY's officers, agents and employees against all claims, demands, actions, damages, cost (including reasonable attorney's fees and court cost) and suits brought against any of them arising from CONTRACTOR'S performance under this Agreement. (8) GOVERNING LAW: This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. (9) ATTORNEY'S FEES: If litigation is reasonably required to enforce or interpret the provisions of this Agreement, then the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relief to which it may be entitle. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF BALDWIN PARK Mayor ATTEST: City Clerk Date Date Contractor: Signature Date Name Title Attachment A • r , , i i 1 r ❑ OPTION 1 Baldwin Park NOW Print specifications Description: 4 -page (book style; for total of 16 pages) Final Size: (WxH) Spread 17x10.875: page size = 8.375x10.875 Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Trim, fold, gather, saddlestitch along 10.875 direction Frequency: ❑ Quarterly (4 times a year: February, May, September, and December) at a cost of $3,920.00 (three thousand nine hundred twenty dollars) per issue ❑ Bi- monthly (6 times a year: February, April, June, August, October, and December) at a cost of $3,920.00 (three thousand nine hundred twenty dollars) per issue ❑ Monthly (12 times a year) at a cost of $3,920.00 (three thousand nine hundred twenty dollars) per issue And with the once a year insert of the Recreation Guide as per print specifications Description: 8 -page (book style; for a total of 32 pages) Final Size: (WxH) Spread 17x10.875: page size = 8.375x10.875 Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Stich, fold and gather Recreation Guide along 10.875 direction and come back to dust stich to center and extend up 1" from Baldwin Park NOW publication; Prepare for simplified mailing Frequency: ❑ Once a year (Summer /Fall: May) at a cost of $6,260 (six thousand two hundred eighty dollars) per issue ❑ OPTION 2 Baldwin Park NOW Print specifications Description: 4 - page tabloid (total 16 pages) Final Size: (WxH) Spread 22x17; page 11x17; final quarter fold to 81/2x11 Stock: 70# Uncoated Offset Recycled, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks Bindery: Trim and final fold to 81 /2x11, Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard). Frequency: ❑ Quarterly (4 times a year: February, May, September, and December) at a cost of $4,220.00 (four thousand two hundred twenty dollars) per issue ❑ Bi- monthly (6 times a year: February, April, June, August, October, and December) at a cost of $4,220.00 (four thousand two hundred twenty dollars) per issue ❑ Monthly (12 times a year) at a cost of $4,220.00 (four thousand two hundred twenty dollars) per issue Attachment A And with the once a year insert of the Recreation Guide as per print specifications Description: 8 -page (book style; for a total of 32 pages) Final Size: (WxH) Spread 17x10.875: page size = 8.375x10.875 Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Stich, fold and gather Recreation Guide along 10.875 direction and come back to dust stick to center and extend up 1" from Baldwin Park NOW publication; Prepare for simplified mailing Frequency: ❑ Once a year (Summer /Fall: May) at a cost of $6,420 (six thousand four hundred twenty dollars) per issue ❑ OPTION 3 Baldwin Park NOW Print Specifications Description: 4 -page tabloid (for a total of 16 pages) Final Size: (WxH) Spread 22x17; page 11x17; final quarter fold to 81/2x11 Stock: 35# Hi -Brite Newsprint Ink: 4/4 =4C Process (85 %) Soy -Based Inks Bindery: Press quarter fold to 81/2x11. Prepare for simplified mailing; deliver to LISPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: ❑ Quarterly (4 times a year: February, May, September, and December) at a cost of $3,100.00 (three thousand one hundred twenty dollars) per issue ❑ Bi- monthly (6 times a year: February, April, ,tune, August, October, and December) at a cost of $3,100.00 (four thousand two hundred twenty dollars) per issue ❑ Monthly (12 times a year) at a cost of $3,100.00 (four thousand two hundred twenty dollars) per issue And with the once a year insert of the Recreation Guide as per print specifications Description: 8 -page (book style; for a total of 32 pages) Final Size: (WxH) Spread 17x10.875: page size = 8.375x10.875 Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Stich, fold and gather Recreation Guide along 10.875 direction and come back to dust stich to center and extend up 1" from Baldwin Park NOW publication; Prepare for simplified mailing Frequency: ❑ Once a year (Summer /Fall: May) at a cost of $5,810 (five thousand eight hundred ten dollars) per issue !, a • in ro .0 r 41 SAN GkSRIEL ,` n NEDJAN LE VP�r-'`', Printing Services for the Baldwin • I r '• I= CITY OF BALDWIN PARK 4100 Baldwin Park Boulevard Baldwin i Due no later than 5pm on Thursday, February 26, 2015 s. INTRODUCTION The City of Baldwin Park is requesting proposals from qualified professionals to provide printing services for the Baldwin Park NOW and Recreation Guide publications. Currently the Baldwin Park NOW is printed quarterly (4 times a year) and the Recreation Guide is printed annual (once per year), which is inserted into the Baldwin Park NOW However, the City is possibly exploring the opportunity to expand the printing frequency of the Baldwin Park NOW. This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a proposer may be selected and the contractual terms by which the City of Baldwin Park intends to govern the relationship between the City and the selected vendor. Proposals can be submitted for any part of the three (3) options. 2. DEFINITION OF PARTIES Definition of Parties: The City of Baldwin Park will hereinafter to as the "City." Respondents to the RFP shall be referred to as "proposers." The proposer to whom the contract is awarded shall be referred to as the "Vendor." 3. BACKGROUND The Baldwin Park NOW is a quarterly publication that allows for consistent communication from the City to residents and business owners of Baldwin Park. The publication is a valuable tool that reaches over 21,000 households and businesses. City staff have continuously worked to improve the style and content of the publication in order to increase awareness and portray a positive image to the community. In an effort to streamline processes, a 32 -page Recreation Guide has been incorporated into the printing of the Baldwin Park NOW once per year (Summer /Fall). The City is dedicated to ensuring the printing services for both publications are completed as economically as feasible. An electronic sample of the Baldwin Park NOW and Recreation Guide can be found at the www.baldwinpark.com under City Publications. 4. SCOPE OF WORK — SPECIFICATIONS Provide printing services, which would entail the following: • Coordinate delivery of City supplied art files • Providing proofs for review • Making final blue line changes • Printing of 22,250 copies • Delivery to the United States Postal Service (LISPS) for distribution OPTION 1 Baldwin Park NOW Description: 4 -page (book style; for total of 16 pages) Final Size: (WxH) Spread 17x10.875: page size = 8.375x10.875 Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Trim, fold, gather, saddlestitch along 10.875 direction Prepare for simplified mailing, deliver to LISPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: A. Quarterly (4 times a year: February, May, September, and December) B. Bi- monthly (6 times a year: February, April, June, August, October, and December) C. Monthly (12 times a year) Recreation Guide Description: 8 -page (book style; for a total of 32 pages) Final Size: (WxH) Spread 17x10.875: page size = 8.375x10.875 Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Stich, fold and gather Recreation Guide along 10.875 direction and come back to dust stich to center and extend up 1" from Baldwin Park NOW publication; Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: Once a year (Summer /Fall: May) Baldwin Park NOW Description: 4 - page tabloid (total 16 pages) Final Size: (WxH) Spread 22x17; page 11x17; final quarter fold to 81/2x11 Stock: 70# Uncoated Offset Recycled, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks Bindery: Trim and final fold to 8 1/2x11. Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard). Frequency: A. Quarterly (4 times a year: February, May, September, and December) B. Bi- monthly (6 times a year: February, April, June, August, October, and December) C. Monthly (12 times a year) Recreation Guide Description: 8 -page (book style; for total of 32 pages) Final Size: (WxH) Spread 17x10.875: page size = 8.375x10.875 Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Stich, fold and gather Recreation Guide along 10.875 direction and come back to dust stich to center and extend up 1" from Baldwin Park NOW publication;. Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: Once a year (Summer /Fall: May /June) is Baldwin Park NOW Description: 4 -page tabloid (for a total of 16 pages) Final Size: (WxH) Spread 22x17; page 11x17; final quarter fold to 81/2x11 Stock: 35# Hi -Brice Newsprint Ink: 4/4 =4C Process (85 %) Soy -Based Inks Bindery: Press quarter fold to 81/2x11. Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: A. Quarterly (4 times a year: February, May, September, and December) B. Bi- monthly (6 times a year: February, April, June, August, October, and December) C. Monthly (12 times a year) Recreation Guide Description: 8 -page (book style: for a total of 32 pages) Final Size: (WxH) Spread 17x10.875: page size = 8.5x10.875 Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Stich, fold and gather Recreation Guide along 10.875 direction and come back to dust stich to center and extend up V from Baldwin Park NOW publication: Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: Once a year (Summer /Fall: May /June) PROPOSAL SUBMITTAL Interested and qualified firms shall deliver six (6) hardcopies of their proposal, prepared in accordance with the instructions in this RFP by 5:00 pm on Thursday, February 26, 2015. All proposals shall be addressed and delivered to the below: Manuel Carrillo Jr., Director of Recreation and Community Services City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Faxed or electronic proposals will not be accepted. The City will not entertain sales calls or presentations during the RFP process. Questions may be addressed to the contact below before February 13th: Maria Moreno, Program Supervisor City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Email: Mmoreno @baldwinpark.com Office: (626) 813 -5245, Ext. 316 All questions will be gathered and answered by February 18th 5pm. After proposals have been received and reviewed, the City may request a follow -up meeting with selected applicants to ensure vendor's quality and capability. 6. PROPOSAL CONTENT Vendors desiring to respond shall submit proposals in sufficient detail to allow a thorough evaluation and comparative analysis. The proposals should be as brief and concise as possible, without sacrificing clarity or the required information. The proposals shall include as a minimum the following information, presented in a readily understood and logical format. a. Statement of options understanding containing any suggestions regarding special concerns the City should be made aware of. The proposal should include any additional work tasks the proposer feels are necessary for the successful completion of the project. b. A list of similar printing projects the vendor has completed within the last five (5) years. Information on the completed projects shall include project name and description, agency client name along with contact information, year completed, contract fee, and final project cost. c. A schedule of the proposed timeline for printing of the publication quarterly (frequency option). The schedule shall include amount of time for each print job, indicating ability to perform the required services in a timely manner. d. Provide one (1) sample booklet of each option (if selected must supply seven (7) sample booklets of each option). e. A fee proposal and cost of postage per issue as per paper option. 7. CONTRACTOR SELECTION The City of Baldwin Park will evaluate all timely submitted proposals. The evaluation will be based on the chemical information and qualifications presented in the proposal, project fees, and reference checks. Qualified proposers will be invited for an interview. Proposals will be evaluated on criteria deemed to be in the City's best interests, including, but not limited to and in no order of importance: • Cost • Quality • Service • Timeliness • Ability to meet specifications • If applicable, use of recycled or environmentally friendly materials The City considers the services pursuant to this RFP to be professional in nature and is expressly not limited to selecting the lowest bidder, although cost is one of several criteria to be considered. 8. ESTABLISHMENT OF CONTRACT The City will select the Contractor based on qualifications, and then negotiate a contract price based on available funding. 9. INSURANCE REQUIREMENTS The following minimum insurance coverage is required of the Contractor and all sub - contractors. a. Commercial general liability insurance or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence; b. Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits not less than $1,000,000 per accident; c. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence; (insurance shall include coverage for owned, hired and non -owned automobiles.) All Certificates of Insurance shall be provided for all the above insurance requirements. In addition, the City and each of its officers, employees and agents shall be named as additional insured on the commercial general liability policy with respect to the performance by the Contractor and all sub- contractors. The City will accept only Additional Insured (Form B), CG2010, with an edition date prior to 1993, unless approved otherwise by the City Attorney or proof the policy automatically names the above as additional insured. 10. PROFESSIONAL SERVICES AGREEMENT A. No change in the scope of contract services will be permitted without mutual written approval by the City and Contractor. B. The successful proposer and any sub - contractors are required to obtain a business license from the City of Baldwin Park. 11. CITY RESPONSIBILITIES The City of Baldwin Park will be responsible for providing electronic files of both publications for printing. 12. ACCEPTANCE AND PAYMENT Vendor will receive payment for each project subsequent to successful delivery of all copies to the post office and administration. 13. RIGHT TO REJECT PROPOSALS A. The City of Baldwin Park reserves the right to reject any or all proposals submitted, and no representation is made herby that any written contract will be issued pursuant to this RFP or otherwise. B. The City also reserves the right to award a portion of work or combination, thereof. C. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a prior award of a written contract will be borne by the proposers. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by respondent. All proposals submitted to the City of Baldwin Park become property of the City and subject to public review in accordance with the California Public Records Act. OPTION 1: Baldwin Park NOW Description: 4 -page (book style; for total of 16 pages) Final Size: (WxH) Spread 17 X 10.875 ": page size = 8.375 X 10.875" Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Trim, fold, gather, saddlestitch along 10.875" direction Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: A. Quarterly (4 times a year: February, May, September, and December) Price: $3,920.00 Each Issue = Total 4 Issues $15,680.00 B. Bi- monthly (6 times a year: February, April, June, August, October, and December) Price: $3,920.00 Each Issue = Total 6 Issues $23,520.00 C. Monthly (12 times a year) Baldwin Park NOW Price: $3,920.00 Each Issue = Total 12 Issues $47,040.00 Recreation Guide Description: 8 -page (book style; for total of 32 pages) Final Size: (WxH) Spread 17 X 10.875 ": page size = 8.375 X 10.875" Stock: 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Stitch, fold and gather Recreation Guide along 10.875" direction and come back to dust stitch to center and extend up V from Baldwin Park NOW publication; Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: Once a year (Summer/Fall: May) Price: $6,280.00 Each Issue OPTION 2 Baldwin Park NOW Description: 4 -page (book style; for total of 16 pages) Final Size: (WxH) Spread 22 X 17 ": page 11 X 17"; final quarter fold to 8.5 X 11" Stock: 70# Uncoated Offset Recycled, 10% Post - Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks Bindery: Trim and final fold to 8.5 X 11" Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4 100 Baldwin Park Boulevard) Frequency: A. Quarterly ( 4 times a year: February, May, September, and December) Price: $4,220.00 Each Issue = Total 4 Issues $16,880.00 B. Bi- monthly ( 6 times a year: February, April, June, August, October and December) Price: $4,220.00 Each Issue = Total 6 Issues $25,320.00 C. Monthly (12 times a year) Price: $4,220.00 Each Issue = Total 12 Issues $50,640.00 Recreation Guide Description: 8 -page (book style; for total of 32 pages) Final Size: (WxH) Spread 17 X 10.875 ": page size = 8.37 X 1.0.875" Stock: 60# Recycled Gloss Book, 10% Post- Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Stitch, fold and gather Recreation Guide along 10.875 direction and come back to dust stitch to center and extend up V from Baldwin. Park NOW publication; Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: Once a year (Summer /Fall: May) Price: $6,420.00.00 Each Issue OPTION 3: W17 Description: 4 -page (book style; for total of 16 pages) Final Size: (WxH) Spread 17 X 10.875 ": page size = 8.375 X 10.875" Stock: 35# Hi -Brite Newsprint Ink: 4/4 =4C Process (85 %) Soy -Based Inks Bindery: Press quarter fold to 8.5 X 11 ". Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: A. Quarterly (4 times a year: February, May, September, and December) Price: $3,1.00.00 Each Issue = Total 4 Issues $12,400.00 B. Bi- monthly (6 times a year: February, April, June, August, October, and December) Price: $3,100.00 Each Issue = Total 6 Issues $1.8,600.00 C. Monthly (12 times a vearl Baldwin Park NO`J`✓ Price: $3,100.00 Each Issue = Total 12 Issues $37,200.00 Recreation Guide Description: 8 -page (book style; for total of 32 pages) Final Size: (WxH) Spread 17 X 10.875 ": page size = 8.375 X 10.875" Stock: 60# Recycled Gloss Book, 10% Post- Consumer Waste Ink: 4/4 =4C Process (85 %) Soy -Based Inks by heat set press only Bindery: Stitch, fold and gather Recreation Guide along 10.875" direction and come back to dust stitch to center and extend up V from Baldwin Park NOW publication; Prepare for simplified mailing, deliver to USPS and Esther Snyder Community Center (4100 Baldwin Park Boulevard) Frequency: Once a year (Summer /Fall: May) Price: $5,810.00 Each Issue CL Li- cr- LI) Lr) N 1--i -U C-4 ai lD D_ (3i ca 4- C) -0 0 a) cu U U ca a) of Q. z 0 0 Z-1 Z I 0 0 0 0 0 0 Ol E 0) 06 00 d rn -f 01 & r- ll� 0 rn 0 0 0 0 m 0 0 0 Ict 0 o "D ryi o6 o6 CO rn r,4 r1l cn 0 0 0 q 0 lz� C5 06 r1i I 4 Ln r14 r� co IH lzz� C� rl� r1i, rn It M zl* 0 c C? 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CL to CL Y o 4- CL (D (D 0 a- CL a) 0 U 0 cu c m & - CD- m 4- < C6 U) STAFF REPORT ' ` !N � HUB )F 0 UTHE SAN GABRIEL a ono VALLEY h' ITEM NO. al TO: Honorable Mayor and City Councilmembers FROM: Daniel Wall, P.E., Director of Public Works / City Engineer DATE: March 18, 2015 1"Y", SUBJECT: AWARD OF STREET SWEEPING CONTRACT TO ATHENS SERVICES SUMMARY On April 3, 2014, a Request For Proposals (RFP) was sent to four companies providing street sweeping to other cities in the region. All four companies are well qualified to perform this service for Baldwin Park. The low cost proposer responding to the RFP is Athens Services with an initial annual cost of $251,225.78 based on a cost of $19.78 per curb mile swept and 11,770 curb miles swept per year. FISCAL IMPACT This contract which takes effect on July 1, 2015, will restore the street sweeping to the previous service level of once a week. Based on the once per week service level, this contract will reduce the City's projected annual cost of street sweeping by an estimated $16,000, as well as avoid potential unknown future liabilities. RECOMMENDATION It is recommended that the City Council award a five -year contract for street sweeping to Athens Services, for an initial cost of $19.78 per lane mite. BACKGROUND The street sweeping program is set up to sweep every street in the city once a week. When fully staffed with two Sweeper Operators and properly equipped with two street sweepers, the cost of this program using city forces and equipment is $267,434 per year. In order to restore this program to its original level of service using City forces, Sweeper No. 91 (which frequently breaks down) needs to be replaced. This sweeper is over 12 years old and is well past the end of its useful economic life. Based on fleet best management practices, Sweeper No. 91 should have been replaced four years ago. The cost to replace this sweeper is $318,552.50. Table 1 provides a breakdown of the cost of the City's sweeping program based on using two street sweepers, with scheduled replacements every eight years, and operated by two City Sweeper Operators. Not included in this annual cost are the unquantifiable costs of potential future personnel injury claims, property damage claims, and worker compensation claims. Table 1 - Annual Street Sweeping Cost using City Forces Pro` ram Component Cost Annual Labor cost inclusive of all benefits $149,058 Average actual fuel and maintenance costs $ 35,876 Annual Replacement cost (8 year life) $ 82,500 Total Annual Cost $267,434 Due to the lack of a reliably functioning second street sweeper, the program is currently being operated at a reduced service level with streets being swept every other week by Maintenance Workers on a rotating basis. Award of Street Sweeping Contract to Athens Services March 18, 2015 Paee 2 If the City Council chooses to award a contract for street sweeping services the Maintenance Workers operating the sweeper will return to their original crews. Athens Services, CleanStreet, Nationwide Environmental Services, and Waste Management submitted proposals to provide weekly street sweeping through out Baldwin Park. These four firms are providing this service to other cities in the region, and are all well qualified to provide this service in Baldwin Park. The initial annual costs for each of the four firms are shown in the Table 2. Table 2 — Pronosed Initial Annual Street Sweenini! Costs* Company Initial Annual Cost* Cost er curb mile Athens Services $251,225.78 $19.78 C1eanStreet $298,016.40 $25.32 Waste Management $304,466.47 $25.87 Nationwide Environmental Services $338,976.00 $28.80 * based on an estimated 11,770 curb miles per year. This contract will reduce the City's projected annual cost of street sweeping by an estimated $16,000 in the first year, restore the program to its original service level and avoid potential unknown future liabilities resulting from future personnel injury claims, property damage claims, and worker compensation claims. LEGAL REVIEW None required. ALTERNATIVES The City Council could choose to not award the contract and continue with the present level of service, or conduct further negotiations with the service providers. ATTACHMENTS 1. Athens' Proposal U .! r Street Sweeping Services for the City of Baldwin Park ----14403 E. Pacific"''Avenue, Baldwin Park, CA 91706 Submitted by: Amens Services I �NJ S• • *I11I City of Industry, California 91716 -0009 (626) 336 -3636 www.AthensServices.com .. ...... ............... Section A Cover letter March 1. 1, 2015 Daniel Wall Deputy Director of Public Works City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Dear Mr. Wall: Athens Services is pleased to submit the enclosed response to the City of Baldwin Park's request for proposals for Street Sweeping Services. Athens Services is the main operating company for Arakelian Enterprises, Inc., which is the legal entity that will sign and guarantee all performance under the contract. Athens Services is a fourth generation, family owned, and locally operated solid waste collection, processing, and street sweeping company operating in the greater Los Angeles region that has been providing street sweeping services for Los Angeles County for over 27 years. Some of our local clients include the Cities of Irwindale, Azusa, Covina, Glendora, San Gabriel, and Monrovia. Our street sweeping operation is housed in Irwindale, less than 4 miles. from Baldwin Park City Hall. Additionally, 53 Athens Services employees and their families live in your City! Our proposal fully addresses all requirements of the request and provides an excellent rate package for consideration. Additionally, we would respectfully request that the agreement have a 5 year term, the first 3 years with a fixed price and years four and five to be adjusted for CPI. Beyond our very competitive pricing, we have been able to reduce sweeping costs even further by bundling other city services that we offer and customizing programs to meet the specific needs of our client cities. We would be pleased to discuss this opportunity with the City in the near future. We look forward to the City's review of our proposal and the opportunity to discuss our services and rate proposal in further detail. Thank you. Sincerely; Gary M. Clifford Executive Vice President GCliffordgAthens5ervices.com Athens Services, PO Box 60009, Industry, CA 91716 (626) 336 -3636 2 . .......... ...............- ._..._... _ .. ........... ...._.. ,Section B ..... ............................... ................... 11 ................ _....__.... -- .................... Separate Envelope ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section A .......... . . . . . . . ............ . .. . ........ . ................................ . ........... . . . . Section B ................ . . . . . . .... . ....... . ......................................................... .Section r ................ . ................................ . ..................... . ..................... Section D ........................ . .................... . _ . . _ . . . . . . . . . . . . . . . . . ....................... Section E ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................ . . . . . . . . . . Section F . . . . . . . . . . . . . . . . . . . . . ........................ .... . . . . . ............................ . . . . . . . . . Section G . . . . . ............. . . . . . . . . . . ........................................ . ......................... Section H ..................................... . ........... Section I ............ . ................ . . . . . . . . . _ _ . ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- . . . Section J ........ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... . ............................... Section K ........... _ ................. ......................._..... -- ------ Section L .................. ................. ._ ............. . .... ...:.................... ...... __ ....... _.. rr 1Table of Contents ......... .................. ... ........................ .............................. .... ............ ... .... ..................... ............. ...... Table of Contents .................. ................. ____ ..... _ ..................... _ .... _ .... _ ...... .................................. ............................... _ ... _._ ........................................... ....................... _ .... .......... .._ ............... _ . Cost Proposal ........................... _..................... _...................... .... . _ ........... .......................................................... .......... ....................... ................... ................................................................. ............................................. .... Cover letter ............ _ ........... ............................... _ ............................................................................. ............ ........... _ ............................................................................................................. .. .............. ............... _ ..... Table of Contents ........................ ............................... _ ...... . ................. ............................... .................. _ .... .. _..................................................................................................................................... ............................... Description of Firm ........................ --- ..................._.................... _...__ ..................................................................... _._ .................................. ............................................. ........... ............. ...................... ........... ........................... Introduction and Discussion of Contract Understanding .................... ............................... _ .............................. ................... ................ _ ..... ............ ............................................ .................................................................... ................... ......................................... Project Team Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................. . . . . . . . . ...................................... . ...................... . ............. . ..... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................. Approach to Contract .......................................... ......................... ........................................................................... ... .......... _.._... ................................ __........... ............................... ..................................... .................. ............... _.. Similar Contracts ......_ ............................................._...................._..................._..........._.........._.._..__....._....._............................_........._......_................_._....._..._...................................._.... .................._........._.. Staffing Plan .... _...... .. ..... ... ... .._....._ - _ „_- w.......... Classification and number of non- technical field staff proposed to perform the work .................................................... ........_ ............................................... _.............................__ ...... ......... .............................. _ .................. _ .......... _ ................. _ .... .................................. ... ............................... Use of Sub Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................. . . . . . . . ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of Equipment .................. _ .................................. _ ......... __ __ ........ _ ............... _ ... .... ................ _. .... __ ...................... _ ...................... _ .......... .......__................................ .._ ........... ................... _ ....... ......................... .......... References r.: ......._........................... ......:::_..._ .................. _......_:_.............. .... _..............................._.._ .....:........_...........___.. ........................ _.... _ r Section.._ .C._l .._Description of Firm ..........................................._ ............................... ....... _ ................. . ............................................................ ........................ ....._.........._...._ . Athens Services is a fourth generation, family owned business. Three generations are actively involved in all aspects of the company's business. This provides great continuity and commitment to customers' satisfaction, which sets Athens apart from its competitors. Arakelian Enterprises, Inc. is a California Corporation and the ownership is comprised of the following Arakelian family members: • Ron Arakelian, Jr. • Michael Arakelian • Ron Arakelian III The Executives to contact on this proposal are: • Gary M. Clifford, Executive Vice President (gliffordgathensservices.com) • Kevin Hanifzn, Chief Financial Officer (khanifin(a athensservices.com) • Will Wilson, General Manager (wwilsona athenssery ices. com ) Contact Information Address: P O Box 60009 City, State, Zip, Country: City of Industry, California, 91716 -0009, United States Telephone Number: (626) 336 -3636 Fax Number: (626) 594 -4417 Athens' corporate office is located at 14048 Valley Blvd., City of industry,_ CA 91748. There is an additional office located in the City of Industry at 15045 Salt Lake Avenue, as well as other sites in Santa Ana, Montebello, Sun Valley, Riverside, and Irwindale. We will be servicing Baldwin Park from our Irwindale facility, located at 5355 Vincent Ave. We have several other property sites in various stages of evaluation, purchase, construction, etc., throughout Southern California. Athens employees over 1,300 people in Southern California. The ownership, management, and employees of Athens Services are all very excited about partnering with the City of Baldwin Park on a long term basis. The City will find, as many other cities in Southern California have already found, that Athens Services is a compassionate negotiator when it comes to transitioning municipal services to private services. No other sweeping company in Southern California has more experience transitioning municipal services to contracted services than does Athens. The person responsible for the contract will be Gary M. Clifford, Executive Vice President. He can be reached at (626) 336 -3636, or on his cellular phone at (626) 705 -6919, or via email at GClifford .AthensServices.com. Athens is more than qualified to provide the services described in the RFP. Athens has been providing street sweeping services for over 27 years. Our experience in street sweeping began in 1987 in the City of Temple City, a contract that we still service today. Since that time, we have added more cities because we clearly understand how to deliver high quality street sweeping services. Athens provides sweeping services for the County of Los Angeles Sanitation Districts at many of their landfills, transfer stations, water treatment plants, and other facilities. Athens Services also provides street and parking lot sweeping, pressure washing services, and porter services to hundreds of commercial clients throughout Southern California. We service shopping centers, apartment buildings, homeowners associations, manufacturing plants, and other commercial and residential businesses,.._. Some of our more notable customers include the Westminster Mall, Ontario Mills Mall, UCLA, Ralphs Grocery Company, Wal -Mart, and McDonalds. 5 Section D Introduction and Discussion of Contract I Understanding With more than 56 years of business experience and more than 45 municipal contracts, Athens Services has an unmatched depth of municipal, contract understanding. We have thoroughly reviewed the City's RFP and the requirements therein and hereby state that we can meet and exceed those requirements. Described within this proposal are the many street sweeping contracts we currently service and we invite the City to contact any of our cities to learn more about how we operate to meet the specific needs of each municipality. ........... ... ................ ............ _ ...... .. .................... ..... _ ........ .... ... _...... _ .............. .. ..... .................... _ ...... ...._ ............._.: ..:........ _ ......_...............................__............................. ...._......................._.. ,Section E Project Team Or aniz ..... ..................... _ ...................................... _ ........................ _ ........................................ _ ............................................................... The following organizational chart lists the key personnel who will be assigned to both the transition and on -going management of the Baldwin Park contract on a full -time basis. Each individual listed is the most experienced Athens team member in his or her area of responsibility. Their resumes can be found in Section H. Kevin Hanifin Chief Financial Officer Gary M. Clifford Executive Vice President William Wilson General Manager i I Tommy Ouzoonian I I Director of Gov't Affairs The key personnel described on the pages that follow have all participated in the drafting of this proposal and understand the requirements. The following provides a brief description of the various teams responsible for ensuring exemplary service: Executive Team The executive team provides the vision, leadership and direction to ensure the transition is completed right the first time. The executive committee delegates responsibility to the most appropriate team members and sets appropriate benchmarks and deadlines. The committee oversees all aspects of the company including operations, customer service, human resources, finance and governmental affairs. Data Collection and Auditing Team Accurate information with respect to the geographical challenges, proper equipment, the appropriate number of personnel needed to provide excellent service and the'- identification of potential service or safety hazards are all fundamental in planning a smooth transition. Various audits will be performed to garner this information and disseminate it to the appropriate team members. Logistics Team The logistics and operations team coordinates for the start date by comparing the information received via the audits and comparing them to the transition plan. The data is examined against 7 early assumptions and necessary adjustments are made. Since each city has unique requirements, this team is responsible for apprising our experienced personnel with respect to the specific nuances of the contract. Operations Team The operations team is made up of our General Manager, Operations Manager, Area Supervisor, Routing Manager, Fleet Services Manager, Maintenance Manager and other employees directly involved in the providing of street sweeping services. This group manages the employees, such as drivers, directly involved with the routes, and manages the shop personnel that maintain the fleet. 8 ............................... .......................... ........_.............. ............_.................................... _...___...._....._............... ............................... ........... ....................... .............._..........._.... ..._... ... ................ . ....................................................... Section .._F.....�_Ap.proach..._to Contract...._ ................................ ......................... ..................... .. ........ ................ ............ .. ........ .... ._...................... Overview At a minimum, all work shall be performed in accordance with the highest maintenance standards. All sweeping activities shall be completed by 3:30 PM, Monday through Thursday unless prior approval is given by the City representative. Sweeping standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper to ensure curb -to -curb coverage of the street. Streets with raised medians shall have their curb -gutter perimeter swept, including turnouts. Street -grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent edge of pavement or curb. Swept clean means minimal debris residual or tailings. Any sweeper used must not blow debris onto private property nor drain water onto the street from the rear hopper. Sweeper shall travel with the direction of traffic at all times. We understand that City streets are posted no parking for street sweeping during designated hours on various days of the week and we will maintain a firm schedule for sweeping, and furthermore, we will coordinate sweeping operations with Parking Control Officers from the Baldwin Park Police Department. Athens understands that we are required to correct deficiencies within the time specified by the City. Re- sweeps of the deficient area will not be billed to the City. If noted that deficient work has not been completed, we understand that payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. Athens shall perform up to 10 curb miles of special event sweeps "free -of- charge" for each contract year at the request of the City. These sweeps are not re- sweeps of an area not done properly, but rather an additional sweep that is not part of the regular schedule. These may be used to clean before and after traffic hazards, parades, and similar events, or for any reason that the City chooses. 9 We will perform up to 25 curb miles of special event sweeps "free -of- charge" for each contract year at the request of the City. These sweeps are not re- sweeps of an area not done properly, but rather " an additional sweep that is not part of the regular schedule. These may be used to clean before and after traffic hazards, parades, and similar events, or for any reason that the City chooses. We will keep a monthly maintenance report. The report shall contain a description of any additional work, which deems to be beyond the scope of the contract. Extra work will not be compensated unless first approved by the City. We will maintain a written log of complaints and provide the City with a summary report of complaints received each month. This complaint report shall contain the date, time, the location of complaint as well as the name and contact information of the complainant and a brief description of the complaint and action taken, whether or not calls require a. request for service. A copy of the complaint log shall be mailed to the City by the tenth day of the following month. Athens will keep records in a format acceptable to the City for all materials collected by the sweeper(s) and provide this information to the City when requested to do so. City streets are posted no parking for street sweeping during designated hours on various days of the week. Athens will maintain a firm schedule for sweeping that is coordinated with the posted parking restrictions. If it is necessary to make periodic revisions to this maintenance schedule, a modified schedule will be submitted to the Public Works Director for approval at least five (15) days prior to the date the changes are to take effect. All work shall be completed on the day scheduled. During the periods of inclement weather hinders normal operations, we will adjust our work force ,n order to accoamAp�ish those acLav t�e� ts�a� are not a�fectec� �,y weather. vVe ��1 note 'the Deputy Director of Public Works when the work force has been removed from the job site due to inclement weather or any other reason. Athens will perform up to 25 curb miles of inclement weather sweeps "free of charge" for each contract year at the request of the City. These sweeps are not re- sweeps of an area not done properly, but rather an additional sweep that is not part of the regular schedule. We will be responsible for obtaining a water meter from the water district and use a water meter when filling equipment from fire hydrants in the City. We will be responsible for any deposits and all charges stemming from use of water. We will dispose of sweeping debris at the City Corporation Yard. Emergency Services We will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when our normal work force is not present in the City of Baldwin Park. These representatives shall respond to said emergency within thirty (30) minutes from receiving notification. Additionally, here is our standard emergency procedures: Request for Proposal —City of Baldwin Park -- Street Sweeping Services 1. Specific designated emergency response street sweeping vehicles in each local geography are fueled and ready at the end of every shift. 2. ` Ci %`officials are given an emergency response phone number where they leave a voice message. The voicemail is distributed via email to the management team assigned to this distribution list. 3. One or all members of the management team returns the phone call to the city official requesting the response to an emergency within 1.5 minutes. 4. The Area Supervisor dispatches the designated on -call driver to drive to the facility where he picks up the designated emergency response sweeper truck. On call drivers are available to respond to all calls and are required to be at the facility within 20 minutes of initial call. 5. To assure quality control, the driver reports to Area Supervisor his time of arrival to the facility, his time of departure from the facility, and his time of arrival to the emergency location. 6. The area supervisor keeps in constant contact with city official throughout the response process updating the official every 20 minutes as to the progress of the driver. ?. Upon arrival to the emergency scene the corresponding area supervisor notifies` the Athens Services management team via email that the driver has arrived on the scene. 8. At the completion of the assignment requested by the City, the driver notifies the Area Supervisor that the job is complete. 9. area supervisor contacts the City official to assure that the job is completed and that City expectations have been met. 10. Driver returns to the facility, fuels the emergency response truck, conducts post trip report, and advises Area Supervisor that the truck is parked and that he is departing from the city yard. 11. At the conclusion of all emergency responses, corresponding Area Supervisor notifies the management team via email that the assignment is complete. Transition We will propose a transition schedule for assumption of all sweeping services for the City of Baldwin Park. We will take the opportunity to ride along with the current route driver to learn route operations and the unique issues associated with the weekly route being contracted. We know that Cities are concerned about the "hand -off" from City service to private contractor. We understand this concern and we also know how to get it done effectively. The transition process requires excellent planning, great communication, and a contractor like Athens that has the resources, commitment, and knowledge to make a seamless transition. Request for Proposal —City of Baldwin Park -- --� Street Sweeping Services No other company has more experience in implementing different types of transition situations than does Athens Services. In just the past few years alone, Athens has transitioned two cities in waste collection and several more in street sweeping, ;_including transitions from municipal service to Athens. Listed below are just a few examples of our street sweeping transitions: From municipal street sweeper From private street sweeper w Agoura Hills w Monterey Park _ . .m. o s Cerrit Palos Verdes Estates Covina A Rosemead AL Hermosa Beach San Fernando L. A. County -Road District San Gabriel L.A. County - Rowland Heights San Marino Lake Forest Sierra Madre Manhattan Beach South El Monte Mission Viejo AL South Pasadena Monrovia ... Temple City Mom Swvkm Request for Proposal —City of Baldwin Park Street Sweeping Services Customer Service Athens is committed to providing customer service of the highest quality, since we recognize that at the end of the day it is our service that is.most important—Therefore, Athens strives to be responsive, competent, reliable, and professional in every aspect of its business. At Athens it's every employee's job to provide excellent customer service. Our customer service representatives (CSR) are an integral part of maintaining positive rapport with our customers; they are responsible in assisting with all types of inquiries including informing customers of current services, handling customer requests and resolving customer complaints. The larger emphasis, however, is ensuring that operations are conducted reliably, as agreed upon by the franchise agreement, and that our service standards are upheld. Our customer service team consists of specially trained CSRs who function under customer service supervisors and our Customer Service Manager, Evelyn Cornejo. We have three Senior Supervisors who provide daily guidance to the CSRs with on -going customer service etiquette training, computer tools training, reviewing and monitoring of calls, and rules and regulations training. We allocate one supervisor to monitor phone calls daily to ensure company policies are followed and to maintain superb customer satisfaction and quality customer service. Supervisors have the ability to train, coach and take over a phone call if needed by using our Vocalcom phone system. All supervisors have prior CSR experience and have been partnering with Athens for a minimum of 5 years. Supervisory training is composed of customer service phone experience and cross training of departments in order to meet qualifications. Our goal is to place supervisors in positions where their understanding of company operations is required in order for them to succeed. Our CSRs go through extensive required training prior to handling a live call, which includes system training, etiquette training and partner system live training. The normal training program for a new, entry -level CSR position takes between 4 -6 weeks. All CSRs have a common goal to educate all customers with options and choices in order to fulfill their needs according to the contract(s). The CSR's primary responsibility is to handle telephone calls, faxes, walk —ins, emails and voice -mail transactions that come into our call- center immediately upon receipt. Our friendly staff members are required to identify themselves by name on every call and e -mail correspondence to customers and are required to verify account information for customer protection. The CSR's job commitment is to provide excellent customer service and meet customer needs by means of placing orders, making changes to accounts per customers' requests, educating customers on city regulations, answering questions regarding recycling, following up on reported complaints (to ensure prompt customer satisfaction and resolution), and making changes to equipment orders as requested. • Athens does not use an automated attendant or automated answering trees. We may be reached by dialing our toll -free telephone number (888- 336 -6100) which rings at our local office and is answered directly by customer service representatives during normal business hours. • Athens will answer all inbound telephone calls on the first ring 95% of the time. • Athens will respond to customers in English and Spanish as the customer requests. Request for Proposal -City of Baldwin Park -- --- - Street Sweeping Services • Athens uses technology to monitor call volumes and excessive hold times. We can use other trained personnel (e.g. dispatch, and sales admin) to adjust - -abnarrmal high call volumes. We will add the City of Baldwin Park as a link to our home page. This link will contain a vast amount of information about the transition and contain the route maps for the residents. As it has been for over 55 years, Athens does not use an automated attendant or automated answering trees. We may be reached by dialing our toll free telephone number (888- 336 -6100) which rings at our local office and is answered directly by customer service representatives during normal business hours. Athens offers personal customer service between the hours of 7:00 am — 5:00 pm, Monday through Friday, and from 7:00 am to noon on Saturdays, exclusive of holidays. For those customers with access to the internet, our website www.athensservices.com offers the flexibility to email us any inquiries about services offered, equipment dimensions, billing questions about your account, quotes or to simply email a bulky request by using friendly and easy to use order forms. All voice mail and e -mail requests are handled during normal business hours and confirmed within one hour of receipt by our staff. Customers can also contact the customer service Department by faxing their requests to (626) 965 - 1365. All requests will receive an e -mail or phone call confirmation. We maintain a toll -free number and telephone directory listings in both the English/Spanish White and Yellow pages. Our customer service representatives are fluent in English and Spanish, and have the ability to conference in a 175- language translation service if needed. We have the capability of communicating via a TDD (Telecommunications Device for the Deaf) as needed. It is also understood and agreed we will provide our toll -free number and website on our collection vehicles. In addition, Athens Services will provide the City with a list of emergency contact numbers to use after hours or in the case of an emergency. Our Customer Service Department can accommodate requests from virtually anyone who calls us because of our 175 - language translator service as shown below! Request for Proposal —City of Baldwin Park - ° Street Sweeping Services We have a highly sophisticated VOIP phone system (Voice over Internet Protocol) that is capable of routing multi -media (voice, web, voice -mail and e -mail) based on call time, type of phone call and most important hold time. The system is flexible and can be expanded to meet new business needs as required. The system allows us to track every .live.call,. e7mail, and�.voice message transaction, from beginning to end. In addition, we are able to handle the volume of calls typically experienced on the busiest days. The phone system includes a telephone number recognition feature giving us the account information upon answering the call, thus shortening the length of phone call. All incoming / outgoing calls and email can be automatically documented by our data system upon accessing or setting up account information into the AS400 database. The AS400 system gives the customer the documentation assurance of transaction types, history, dates and times if ever required in the future. All activity for accounts is automatically tracked by the AS400 and can be accessed by operations, dispatch, and customer service staff in real time. For tracking and record keeping purposes, upon receipt, telephone calls, e -mail, and voicemail transactions are automatically assigned an ID number by our phone system. Our phone system tracks every ID number; all customer orders, payments, account history and complaints are updated and kept in the AS400 data system for future review when necessary. If additional information is required, our friendly staff will follow -up with a phone call and ask for all applicable details to complete your transaction immediately. s _T3 When our representatives receive the s F-h C-d- �� r � 4 P� subscription form, they can quickly Lkt. 6.. 8d L-t- R-Omn initiate new service by simply asking L—w ag. FA.n§ L �� : R.�, ,. U"qm. Ste" the customer a few to assess h questions L-9—do sh h the data immediately A"h� t e �SiY8s+i6 ?.�3�v+ G-0. $.,1F&L'f�0. L. '�`fSLVi'Ep their needs enter 7 .. ." M..Y into our AS400 data base system, and fkL�ffPSH#=.P3 $9�bJ' sigh. twffi}PflGBSH. Al2 @6F 'AiN M &L^e,°YO?A3Ht?.. MA ¥69..Y '.ssitlJhf give them an account number for future In friendly M*, ri use. one and 8.hdm= H kk. -C M­def" sp h- convenient transaction, customer H em M -d.R -Su"d— service can explain the customers' B. Halt ni"k S_hM , M h, dmh specific franchise pricing, collection e M.r h.Mt SYO-th Mi- day, and easy to follow guidelines. 8 -.2 M C.M.0 � t MF P,.; T.rk C-— �­4a-d w Mme- T. Ch.w. 6gb. Ma6dre5✓_ T."" f Upon the the Ch. —b—, tune Mikan.. Th. entering of customer's Chi h h M� Tata , inquiry, rn TrNxa service the system notifies the dispatch department for immediate C-A.., C ep Ja— K q tW N.PMa Nv.dan Fl g�, T.„W T.". .ft notification to the field supervisor. ak a K K—htlmh E wi h N.—g,- T uk -4- Our customer service, dispatch and too tce okb (C� -) ram 01 U d.. Usk field supervisors all share live data of k. Pehh yjna Pyng. V.. our system along with cellular radio EYdfldh4ap9.. Xlmh. f #.: �yia&Nf�kli vVet..h to -�,' dispatch for communication, accuracy, ra_s - Pal Yiddf h Faaia.H, ° ^ P Engl.h Y a and proper resolution. Fin" xh X'*hh p� h Y. > prompt FW h P ., Every request is entered into our Request for Proposal —City of Baldwin Park Street Sweeping Services system and printed to the proper department for prompt resolution. We have instant communication with field drivers and dispatch ensuring quick resolution. Reports are generated on a daily basis and reviewed by management to ensure proper solutions. We acknowledge and agree to all terms outlined in the franchise agreement relative to resolving a customer complaint. Field Supervisors are in constant contact with our dispatch staff, they can advise customer service of any collection delays, and provide our customers with up to the minute information on their inquiry. Inquiry reports are printed throughout the day for review by supervisors that ensure they are being resolved and updated. Daily and weekly call logs are printed and reviewed by Management to ensure all service standards are met promptly and effectively. Athens' customer database records all customer contacts. Request for Proposal —City of Baldwin Park - °-° Street Sweeping Services ........................... ....................._........_ ..................__......_..............................._............._ ............................... Section G Si>€ iiar Contracts .......................................... ............................... -......................... ............................... _. _. ............................... Athens Services has been providing street sweeping services for over 27 years. Our experience in street sweeping began in 1947 in the City'of Temple City, a contract that we still service today'. Since that time, we have added more cities because we clearly understand how to deliver high quality street sweeping services. And although every City is different, there is a similar thread that runs through all of them -they want their streets clean! Our wide variety of experience with Cities gives us the best advantage when it comes to making sure that your City's needs are met. Please see Section L for reference contact information on our Cities and feel free to ask them how they like our service! Palos Verdes Placentia Pomona Rosemead San Fernando San Gabriel San Marino Estates .c:�i ^`,. �'a.. •tries• �'�a�a���`� Santa Ana Sierra Madre South El Monte South. Pasadena Temple City Request for Proposal —City of Baldwin Park -Rao Street Sweeping Services ................. ......... . .................................. . ......... . ... . .. . ...... . . ................. . ... . .................. . ..... . .......................... . ............................................................... ... . ...... .......... ............................................... ..................... ......................................................... Section Wf­ Plan ................................................................ I ........... .................... ......... ..... . ...... ............................ __ ............. .......... ................. ................. . . .... _ ....... .. . ...... . . .. ... ..... . ..._ .... .. . ... ....... ..... . .. ........... ... ..... ..... .. . . ............. Described on the pages that follow are brief resumes of the key lead staff members directly involved in this ,contract.- We invite=-,the City-to meet with us in order to gain an even better insight into our dedication and experience in providing excellent service. Request for Proposal —City of Baldwin Park Street Sweeping Services GARY M CLIFFORD EXECUTIVE VICE PRESIDENT CURRENT RESPONSIBILITIES Gary is responsible for all of the municipal. franchise;; operating divisions, =,including collection, transfer, recycling, street sweeping, and disposal services. He oversees the company business strategies and development of new business opportunities along with compliance of all existing contracts and ventures and is responsible for numerous hauling and street sweeping operations. EXPERIENCE Gary has extensive senior management experience and leadership including researching, evaluating, capital project management, negotiating, and resolving complex managerial projects. His background includes many years spent with Warner Media, a division of AOL /Time Warner, and also as an Instructor at Azusa Pacific University, School of Business and Management. Additionally, he has over 16 years of experience working as a public employee and civic leader with state and local governments, including development of public policy and procedure. Gary has served as Mayor, Mayor Pro Tem, and City Councilmember in addition to holding other positions. EDUCATION M.A. Organizational Leadership, Azusa Pacific University B.S. Applied Management, Azusa Pacific University A.S. Police and Forensic Sciences KEVIN P. HANIFIN CPA CHIEF FINANCIAL OFFICER CURRENT RESPONSIBILITIES Responsible for all financial activities of Athens Services. Manages finance and accounting operations and oversees the management and administration of Athens' computer systems. Directs financial planning, forecasting and analysis, and ensures that information systems are designed to support management. As Chief Financial Officer, participates in significant transactions, including mergers, acquisitions, and real estate transactions, and directs the company's involvement in debt financing. Kevin has over 18 years of experience with the company. EXPERIENCE Comprehensive financial and data processing experience, in executive management roles. Emphasis on mergers and acquisitions, divestitures, capital markets, and investments. Prior to joining Athens Services in 1996, served as Executive Vice President and Chief Financial Officer of a regional commercial bank in Southern California. During tenure at the bank, managed the investment portfolio, approved credits, negotiated acquisitions and asset purchases, and funded growth through debt instruments and equity offerings. ED UCATION and ACCREDITATION B.B.A. Accounting University of Notre Dame C.P.A. California License No. 54789 Request for Proposal —City of Baldwin Park - -- ° Street Sweeping Services WILLIAM WILSON, GENERAL MANAGER William is a former resident of the City of Baldwin Park, having attended Margaret Heath Elementary, Holland Junior High, and Baldwin Park High school! CURRENT RESPONSIBILITIES As the General Manager, he has day to day operational responsibility for the division comprised of a fleet of over 150 vehicles and 250 employees. Duties include oversight of all services, safety, customer service, and facility management. He manages our Street Sweeping fleets in the San Gabriel Valley and Orange County. EXPERIENCE A seasoned transportation industry leader with over 18 years' experience who possesses excellent leadership, organizational, and project management skills. He has over 15 years of experience executing successful municipal contract transitions and has worked with both City governments and the Federal government. EDUCATION MBA - Pepperdine University BA- Political Science — University Of California Riverside TOMMY OUZOONIAN DIRECTOR OF GOVERNMENTAL AFFAIRS CURRENT RESPONSIBILITIES Responsible for developing new and enhancing existing relationships with local municipalities. In recent years his experience includes developing the company's successful responses to RFP's for the Cities of Newport Beach, Cerritos, Placentia, San Marino, Azusa, Covina, San Gabriel, Monterey Park, Rowland Heights, Pomona, San Fernando, and others. Additionally, he works closely with chambers of commerce, colleges and school districts, and various business and community leaders. Tommy assists the Executive Vice President with contract negotiations and he participates in acquisitions, business strategies, special projects, and media/customer outreach and education programs. EXPERIENCE Over 20 years with Athens Services. Experience includes management of the Sales Department and Planning Department and has worked on many vital special projects and developed the Athens Services website. He will create the Public Education materials for the City of Baldwin Park. INDUSTRY ACTIVITIES ➢ Frequent presenter at universities and community organizations throughout the Los Angeles County ➢ Guest lecturer at local colleges- and - school districts and large commercial customers e EDUCATION California State University at Fullerton Request for Proposal —City of Baldwin Park -- -� Street Sweeping Services Section 111 Classification and number of non- technical field staff roposed to perform the work On a day -to -day basis, the street sweeping will be performed by two street sweeping drivers with oversight by the Area Supervisor. There will also be available an additional driver for sick days, vacation, or additional labor needs. Every route operated by Athens is supervised by an experienced Area Supervisor that works in the field to ensure all services are completed, and any follow up issues are resolved in a timely manner. The area supervisor is in direct contact with the maintenance group in case of a mechanical breakdown. The Area Supervisor is in direct contact with our customer service group, so all service inquires receive personal attention. Our sweeping staffing includes over 50 drivers, foremen, area supervisors, as well as dozens of support personnel, including customer service representatives, mechanics, sales and marketing staff, financial staff, and all of their respective management teams. In total, Athens Services employs over 1,300 people in Southern California. Every Athens truck is inspected a minimum of twice per day, each driver performs a pre -trip and post -trip daily. The inspection is documented on a Driver Vehicle Inspection Report (DVIR); the 3- part form is distributed daily to the Fleet Maintenance Supervisor, the Area Supervisor, and the truck file. Any necessary repairs are completed that night, or the truck is replaced by a spare truck until the repairs are completed. The maintenance group maintains a regular preventative maintenance schedule for all trucks to ensure maximum operating time. Just in case, shop road crews are staffed during all operating hours to ensure that any mechanical problem or breakdown can be attended quickly. All employees have Nextel digital radios to maintain contact with operations. All road crew trucks are equipment with the tools and parts necessary to mitigate "down time ". Our drivers are well trained to begin with, of course, but we take training even further by maintaining a weekly schedule of ongoing training in the proper operation of the equipment, proper safety techniques, and keep them current with any new pertinent information affecting their work. Drivers are trained to make as many passes as is required to deliver high - quality results. They are all professionally uniformed, name - tag- identified, licensed, insured, and are skilled and experienced Request for Proposal —City of Baldwin Park °--� Street Sweeping Services and will report any extraordinary service situations including low hanging tree limbs or other obstructions that prevent normal sweeping operations. In order to ensure there is an ample pool of qualified employees to manage a large service area, ; driver trainees are hired and trained on the use of all vehicles and moved to a permanent driving position based upon completion of all training, comfort level in their position, qualifications, etc. By accepting mutual responsibility to operate safely, everyone contributes to the well -being of all personnel. Each employee is given a safety orientation by their supervisor or lead personnel prior to the start of work. The orientation covers a variety of items such as programs mandated by CAL - OSHA (Hazard communication, injury and illness prevention program, etc.), accident prevention, etc. Our street sweepers driving records are impeccable and there have been no significant claims or incidents. Athens Services has some of the happiest and fulfilled employees. in the municipal street sweeping business. Request for Proposal —City of Baldwin Park ^� Street Sweeping Services ........................ ............................... .................................................................................................................................................................................. ............................... _..... ............................... _................ .......................................... ............................................. .......... ................... ............................... Sectio J Use of Subcontractors .................... ................ ........................................................................................................................................................................................................_................................._ .................................................................. .................................. . ....... .......... ...._................................. __ .......... I...................... Athens will not be using any subcontractors for this contract. A AVWM Swvkas Request for Proposal —City of Baldwin Park Street Sweeping Services I --a-MENAMINNIMM F Section K I List of Equipment Year License Plate DMV Make/Model 2012 6KCH204 IFVACXDT3ADAP7357 Freight] iner-Tymeo 600 2010 6MSL753 IFVACXDTOADAU3263 Frei ghtfiner-Tymco 600 Request for Proposal —City of Baldwin Park Street Sweeping Services Section L 11 References Athens Services has been providing street sweeping services for over 27 years. Our experience in street sweeping began in 1987 in the City of Temple City, a contract that we still service today. Since that time, we have added more cities because we clearly understand how to deliver high quality street sweeping services. We currently provide street sweeping services for the following 26 municipalities: Athens provides sweeping services for the County of Los Angeles Sanitation Districts at many of their landfills, transfer stations, water treatment plants, and other facilities. Athens Services also provides street and parking lot sweeping, pressure washing services, and porter services to hundreds of commercial clients throughout Southern California. We service shopping centers, apartment buildings, manufacturing plants, and other commercial and residential businesses. homeowners associations,- The pages that follow include contact information for several of our cities as well as a few letters of reference. Request for Proposal —City of Baldwin Park - - - --- Street Sweeping Services IRWINDALE CITY CONTACT: Elizabeth Rodriguez TELEPHONE #: (626) 430 -2211 SCOPE OF SERVICE: Sweeping of all residential and commercial, streets and facilities. We also sweep special City events and provide commercial sweeping to businesses. COVINA CITY CONTACT: Daryl Parrish TELEPHONE #: (626) 858 -7212 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and City owned parking lots and facilities. We also sweep special City events and provide commercial sweeping to businesses. SAN GABRIEL CITY CONTACT: Steve Preston TELEPHONE #: (626) 308 -2800 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and City owned parking lots and facilities. We also sweep special City events and provide commercial sweeping to businesses. NEWPORT BEACH CITY CONTACT: TELEPHONE #: SCOPE OF SERVICE: MANHATTAN BEACH CITY CONTACT: TELEPHONE #: SCOPE OF SERVICE: Jim Auger (949) 644 -3311 Sweeping of all residential and commercial streets. We also sweep special City events and provide commercial sweeping to businesses. Juan Price (310) 802 -5310 Sweeping of all residential and commercial streets and City owned parking lots and facilities. We also sweep special City events, provide commercial sweeping to businesses, and provide pier cleaning and other services. A Aftwo Swvicft Request for Proposal -City of Baldwin Park 74-j-_ - Street Sweeping Services LIRWINDALF11 To Whom It May Concern; The City of Irwindale has recently retained Athens Services to perform its city-wide street sweeping. We have found their street sweeping services to be excellent and thorough. Additionally, their staff is professional and expeditious in addressing any and all emergency requests, questions or concerns the City has hail -with regard to street sweeping. The City of Irwindale is truly satisfied with the street sweeping services provided to us by Athens Services. ok Tam Director of Public Works 6�' 06 7"' 5050 NORTH IRWINDALE AVE_ IRWINDALE, CA PHONE� (626) 43022,00 FAcsimLE: (62 6) 962-4209 -A A#*= SMVIM Request for Proposal -City of Baldwin Park Street Sweeping Services CITY OF GLENDORACITY HALL (626) 914-82,01 116 Last Foodull, Blvd,, Glendora, California 91741 FAX (626) 914-81M OFFICE OF THE MY M&NAGER city managergci.giendoraxa,us ToWhorn It May Concern- The City of Glendora has contracted %ith Athens Services since December 1. 2006 for street sweeping services, They have oiler this service with the same high level of prote ssional and customer service standards that they are no for with their solid waste services. Our streets are cleaned on a regular schedule and we receive saksaially loss complaints now than when we, did the service with out own cxcws, -AdIditionally, the savings from. contracting with Athens has been remarkable for our fi nancial bottom line. Their management team is very responsive and they arc Drilling to work with us on any issues or suggestions that we may have. to give the stronge� consWmtion to Athens Services* pr000saL I am sure you will nor be disappointed in a decision to bring Athens Services art board. If you should have any que4ions, please fool fiec to rail we at (626) 9144201. PRIDE OF THE FOOTHILLS Request for Proposal —City of Baldwin Park -- - °� Street Sweeping Services November 8, 2011 City of Manhattan iB Phone: (310) 802 -5300 FAX (310) 802-5301 TDD: (310) 546 -3501 To Whom It May Concern, Athens Services has been providing street sweeping services to the City of Manhattan Beach since September 1, 2011. Although they have only been servicing the City= for a short time, 1 have been impressed with the smooth roll out and attention to customer service. Typically, the first few-- weeks of new contract implementation can be a chaotic and confusing affair. I was pleasantly= surprised by the amount of work put in ahead of time by Athens Services to ensure asmooth service transition. Our current contract has stipulations requiring that all debris be weighed at the time of diversion, including monthly reports and weight tickets. Additionally, there are stringent inspection and reporting requirements for any issues encountered on the streets or parking lots included within the scope of the current contract. Athens Services regularly reports low hanging branches from noncompliant trees, broken curbs, missing or damaged bumper Mops. qti graffiti within our parking facilities. ;These reports assist us in reducing our - liability°- exposure and help ensure we deliver quality services to our residents Anv customer issues that have arisen, real or perceived, have been dealt vv ith the same day, usually within the hour. The field supervisors assigned to our municipality will follow up face to face with our residents possible, with follow up phone calls to assure the issue has been resolved to the residents' expectations. Though their tenure with the City of Manhattan Beach has been limited, I have been very satisfied with the level of service and attention to detail they have provided to date. Please contact me directly if you wish to discuss any matters involving street sweeping in Manhattan Beach. R s e an ce Main enance Superintendent City, yard Address: 3621 Bell Avenue. Manhattan Beach, CA 90266 Visit the Citv° of Manhattan Beach web site at wiv%,.citvtnb.info A Athum Sovion, Request for Proposal —City of Baldwin Park Street Sweeping Services mill .................... MAYOR: GARY TAYLOR Mos.Aemcad MAYOR PROTEW STEVEN LY COUNCIL MEMBERS 8838 E. VALLEY BOULEVARD * P.O, BOX 399 SWX-tA ARWNTA ROSEMEAD, CALIFORNIA 91770 MARGARETCLARK TELEPHONE (626) 569-2100 Wily LOW FAX (626) 307-9218 To Whom It May Concern, Last year, the City of Rosemead approved a 5-year agreement with Athens Services to provide citywide street sweeping services. Since starting these services, the City has been very satisfied with the quality of these services as well as the professionalism demonstrated by Athens' team and approach to working in the community. As part of the agreement, Athens sweeps residential areas on a weekly basis and commercial areas twice weekly. Athens also utilizes clean fuel equipment in street sweeping services, helping to meet air quality requirements and also demonstrate the City commitment to environmental responsibility. During its tenure in Rosemead, Athens has also been a strong community partner, participating in the City's annual Public Works Week events, City special events, and local community affairs. It should be noted that Athens also provides extremely competitive rates for street sweeping services. These rates have resulted in significant savings in operations and maintenance costs for the City. The City looks forward to a long-lasting, productive working relationship with Athens Services. I would strongly recommend them for street sweeping services. Please feel free to contact me at (626) 569-2118, if I can be of further assistance. Sincerely, � CHRIS MARCARELLO Director of Public Works City of Rosemead Request for Proposal —City of Baldwin Park —°- Street Sweeping Services RE: Letter of Recommendation To Whom it May Concern. It is with pleasure i write this letter of recommendation for Athens Services. Athens Services has provided outstanding street sweeping services for the past 6 years. Furthermore, Athens was instrumental in a seamless transition from bi- weekly to weekly street sweeping, In order to execute this change, there were various proposals considered that required significant logistical analysis, so the changes in place would have minimal impact on our residents' parking convenience. We signed residential streets and created a partnership between our Polio Department and Athens' .to ensure consistency in this politically sensitive transition. Athens is responsive and provides timely resolutions to resident complaints and special request from the City. if you have any questions, feel free to contact me at 626-812-524& Thank you. "Tito Haes Public Works Director/Assistant City Manager Akyor 'JOSEPH V. AGUIRRE City Admintstrator TROY 4. allTZLAFF, ICM"M Request for Proposal —City of Baldwin Park Street Sweeping Services rasa poapfo ~ 610 coy 401 Z*sf CAapow. Aawo - PAmmsda, 4WO.M11 0297V To Whom It May Concern: Coundimembers: SCOTT W. NELSON CONSTANCE UNDERHILL GREG SOWARDS JEREMY S. YAMAGUCHI This letter is to provide reference information for Athens Services. The City of Placentia switched from an in-house street sweeping operation to contract street sweeping services provided by Athens Services in September of 2009. We have found Athens Services to consistently perform their duties with the utmost 3 m. smooth and - offective. of professionalk Every, step of the transition has been s � m From route planning to customer service we are overwhelmingly pleased with the performance of Athens staff and equipment, It is without reservation that I am able to say, "Athens Services has clearly exceeded our expectations in their performance of street sweeping Services for the City of Placentia," Sincerely, Steve Drinovsky Director of Public Works City of Placentia City of Plaoentia, Department of Public Works and Engin=ing (?14)993 -8132 Z,*l R.Y.Wd P.W A A#WM SmIeft. Request for Proposal -City of Baldwin Park Street Sweeping Services Mark Harmon, Director To Whom It May Concern: On April 27, 2010, the Newport Beach City Council approved a 10-year agreement with Arakelian Enterprises (dba Athens Services) to provide city- wide street sweeping services. Prior to this agreement, City staff and equipment provided street sweeping for our community. The contracting out of this service to Athens has resulted in a significant reduction in personnel and equipment costs. To provide for a smooth transition from City to contractor provided service, we decided on a, phased,, approach rather than a city-wide start, date. The City s sweeper routes were divided into five sections, with Athens to start a new section every three to four months depending on their performance in each area. The contract also allows Athens to park and fuel 'their CNN clean air powered sweepers at the City Corporation Yard. To date, we are ahead of schedule in phasing in the different sections of the City due to a smooth transition and the good work by the Athens sweeping crew. The change to a private contractor has gone relatively unnoticed by our residents. The routes have been completed in a professional, timely manner with new equipment that is kept clean and well maintained. We anticipate a continued positive working relationship as we move forward on transitioning the remaining sections of the City to Athens sweepers. 3300 Newport Boulevard , Post Office Box 1768 . Newport Beach, CaliforTiia 92658-8915 Telephone: (949) 644­3055 • Fxx: (949) 650-0747 - wwwxity.newport- heat h xa � Lis City of Baldwin Park "Proposal Fee Schedule - Street Sweeping Services" : -- u Services Year 1 Total Annual Cost per Total Annual Day Curb Miles Curb Mile Cost Monday 3,198 19.78 63,256.44 Tuesday 3,229 19.78 63,869.62 Wednesday 3,123 19.78 61,772.94 Thursday 3,151 19.78 62,326.78 Total Cost Year 1 251,225.78 Per curb mile cost for additional special sweeps outisde amounts in RFP: 19.78 Year 2 Total Annual Cost per Total Annual Day Curb Miles Curb Mile Cost Monday 3,198 19.78 63,256.44 Tuesday 3,229 19.78 63,869.62 Wednesday 3,123 19.78 61,772.94 Thursday 3,151 19.78 62,326.78 Total Cost Year 2 251,225.78 Per curb mile cost for additional special sweeps outisde amounts in RFP: 19.78 Year 3 Total Annual Cost per Total Annual Day Curb Miles Curb Mile Cost Monday 3,198 19.78 63,256.44 Tuesday 3,229 19.78 63,869.62 Wednesday 3,123 19.78 61,772.94 Thursday 3,151 19.78 62,326.78 Total Cost Year 3 251,225.78 Per curb mile cost for additional special sweeps outisde amounts in RFP: 19.78 Year $19.78 + CPI for Total Annual Curb Miles Years Year 4 ending curb mile rate + CPI for Total Annual Curb Miles ITEM NO. 5A I Sr TO: The Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park, Acting as the Housing Successor t FROM: Marc Castagnola, AICP, Director of Community Development DATE: March 18, 2015 All SUBjECT: Consideration of an Exclusive Negotiation Agreement with Montebello Housing Development Corporation for an Affordable Housing Mixed Use Development project between Badillo Street and Ramona Boulevard. - I LVA Fil • To consider an Exclusive Negotiation Agreement (ENA) for a total period of 180 days with Montebello Housing Development Corporation (MHDC) for a potential Affordable Housing Mixed-Use development project located at the intersection of and between Badillo Street to the south and Ramona Boulevard to the north. There is no fiscal impact related to the approval of the ENA. Staff is recommending the Successor Agency, acting as the Housing Successor (hereinafter "Successor Agency"), approve the proposed Exclusive Negotiation Agreement. The Montebello Housing Development Corporation (MHDC) desires to develop a mixed use affordable residential project on city property located immediately at the intersection of and between Badillo Street to the north and Ramona Boulevard to the south. The site is currently used as a Metrolink Park-N-Ride lot and also includes a fenced area with the former Red Car structure (APN 48437-013-905). The totality of the site is approximately 1.49 acres and fronts both Badillo St. and Ramona Blvd. The site is currently owned by the Successor Agency to the former Redevelopment Agency of the City of Baldwin Park. 1. The Proposed Project MHDC is proposing to construct four to six detached 3-story over garage structures with a MHDC — ENA March. 18, 2015 Page 2 of 4 total 24 affordable residential units of 2- and 3- bedroom of approximately 1,200 Sf. to 1,500 Sf. According to MHDC, the project would target low to moderate income homebuyer. Each unit would have a 2 -car parking garage or space with an additional 0.5 guest parking space per unit. The project would also include the renovation of the former Red Car structure. The Red Car building site would be parceled out from the residential project and would serve as either a community facility, retail or office use. MHDC would retain ownership of this parcel. As part of this proposal, MHDC will be requesting that the Successor Agency donate the land or sell the parcel at a discount rate for the project. 1%. The Proposed Exclusive Negotiation Agreement (ENA) Staff has developed the attached ENA for Board review and consideration. The major terms of the ENA are as follows: Note: During the ENA period, the Successor Agency will not be permitted to discuss possible development of the proposed project area with any other developer. • Period: This ENA will expire 180 days (6 months) following adoption. • Third Party Cost: MHDC is responsible for all third party costs incurred by the Successor Agency, including review by third party of the financial pro - forma. • Bi- Monthly Reports: Bi- Monthly progress reports are required on the I 01 of each month starting with the full month after execution of ENA. • Alternative Project Sites: Within 60 days, MHDC shall submit a report evaluating 3 alternate sites for the project. • Financial Feasibility Prospectus: To be delivered within 90 days after effective date of ENA. • Market Feasibility Study: To be delivered within 120 days after effective date of ENA. • Necessary Debt and Equity Financing: To be delivered within 150 days after effective date of ENA. • Conceptual Plans: To be delivered within 180 days after effective date of ENA. • Right to Additional Information: Successor Agency reserves the right to request reasonable additional information and data from developer for review and evaluation of the proposed development. • Hazardous Material: Developer is responsible for making site suitable for development. • California Environmental Quality Act (CEQA): Successor Agency, at Developer's expenses, is responsible for CEQA compliance for the proposed project. The ENA would allow staff to evaluate the project feasibility, the appropriateness of the Successor Agency's level of contribution and make recommendations as appropriate. At this time, Developer anticipates the Successor Agency's contribution of land. MHDC — ENA March. 18, 2015 Page 3 of 4 At the conclusion of the ENA, if the Successor Agency decides to proceed with the project, the developer and the Successor Agency will have the option negotiate and enter into a Disposition and Development Agreement (DDA). The only alternative to the recommendation would be to deny granting of this ENA. INLW. a-mmil The General Counsel has reviewed the ENA. Attachments: 0 ENA Exclusive Negotiation Agreement (ENA) EXCLUSIVE NEGOTIATION AGREEMENT THIS EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") is entered into by and between the SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK acting as the HOUSING SUCCESSOR, a public body, corporate and politic ("Housing Successor") and the MONTEBELLO HOUSING DEVELOPMENT CORPORATION, a California corporation ("Developer") under the terms and provisions set forth below. WHEREAS, in furtherance of the goals and objectives of the General Plan of the City of Baldwin Park ("City") and vision for the Baldwin Park downtown revitalization, Housing Successor - development and Developer desire to enter into negotiations concerning the development ofcertain land (defined below as the "Project Site"); and WHEREAS, the Project Site is designated as such on the Project Site Map ("Exhibit A"); and WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide Developer an opportunity to further develop, refine, and analyze their proposal and to negotiate the terms of a Disposition and Development Agreement ("DDA") or an Owner Participation Agreement ("OPA"), which will accomplish the objectives described in Paragraph I below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Housing Successor and Developer hereto mutually agree as follows: The purpose of this ENA is to provide for the negotiation by the parties of a development project providing for, among other things, the following: A. The acquisition by Developer of the Project Site. The development shall be a master planned, pedestrian-oriented mixed-use, affordable housing development with open spaces and public amenities (the "Proposed Development"). The development shall be subject to and consistent with the requirements of the California Environmental Quality Act and related State Guidelines ("CEQA"). The Project Site is proposed to consist of property generally located to the east of the intersection of and between Badillo Street to the south and Ramona Boulevard to the north. The site is approximately 1.49 acres and is currently used as a Metrolink Park- N-Ride lot. The site also includes a fenced area with the former red car structure. By entering into this ENA, the parties intend to implement City's vision and General Plan. Nothing herein shall obligate or be deemed to obligate Housing Successor to commence any action or actions, including, but not limited to, eminent domain M proceedings, for voluntary or involuntary acquisition of real or personal property, or any interest therein. The parties understand and agree Housing Successor cannot be obligated to commence any action to convey any interest in any portion of the Project Site to Developer, unless and until, among other legal requirements and as applicable, all necessary steps are met, including, but not limited to, good faith negotiations, due process conducted by Housing Successor and in Housing Successor's sole discretion, after duly noticed and conducted public meeting, a determination the public necessity and interest is best served by such conveyance. B The coordination of the planning, design and construction of Proposed Development on the Project Site and to maximize its compatibility with the abutting and adjacent uses and to minimize environmental, traffic and other impacts on the abutting and adjacent uses. C. Provisions related to Housing Successor potential assistance, if any, through disposition of property. D. Other provisions regarding the participation and responsibilities of the Developer and Housing Successor necessary to further the purpose of developing the Project Site, such as provisions for processing approvals and permits. 2. EXCLUSIVE RIGHT TO NEGOTIATE A. Housing Successor hereby grants to Developer, and Developer hereby accepts this ENA for a period of one hundred eighty (180) days, commencing on the date this ENA is signed on behalf of Housing Successor. B. Housing Successor and Developer agree, for the period set forth in this Paragraph 2, to negotiate diligently and in good faith to prepare a DDA or OPA to be entered into by Housing Successor and Developer with regard to the objectives described above. During the term of this ENA, Housing Successor agrees not to negotiate for the development of the Project Site, or portion thereof, with any party other than the Developer, or approve or conduct a public hearing for any other development of the Project Site, or portion thereof. During the term of this ENA, Developer agrees as partial consideration for this ENA not to negotiate with any other party at any other property outside the jurisdictional boundaries of City and within a 3-mile radius extending from the boundaries of the Project Site for uses similar to those contemplated for the Project Site. 3. TERMS Housing Successor and Developer hereby agree to the following terms: A. Developer to Pay All Housing Successor Third P_4 Costs. Developer is responsible to pay any and all Housing Successor third party costs directly or indirectly related to Page 2 this ENA and incurred in good faith by Housing Successor ( "Third Party Costs "). Housing Successor must submit cost estimates and Developer must approve the expense prior to the cost being incurred, with any cost incurred to be billed directly to the Developer. B. Bi- Monthly Status Reports. On or before the tenth (IOt ") day of every two months starting with the first full month after the effective date of this ENA, Developer shall provide bi- monthly status reports to the Executive Director in a format reasonably requested by the Executive Director. These reports, at a minimum, will include status reports regarding progress associated with the schedule of performance and information regarding Developer's efforts to work with current owners and tenants on the Project Site and Developer's efforts to acquire the land necessary for the project and secure quality commercial tenants for the Proposed Development. C. Alternative Project Sites. Within sixty (60) days after the effective date of this ENA, Developer may evaluate a minimum of three (3) alternate sites within the City boundaries where a similar project could be developed. Alternative sites must be identified and mutually agreed upon by Housing Successor and Developer. Developer must submit to Housing Successor a report documenting the location, size and characteristics of the alternates sites and an evaluation of the project feasibility on each site. However, this r--NA shall not be binding, or be interpreted to apply to, any alternative sites, or any site other than the Project Site. D. Financial Feasibility Prospectus. Within ninety (90) days after the effective date of this ENA, Developer shall submit to Housing Successor a pro forma showing the fiscal feasibility for its Proposed Development. E. Market Feasibility Study. Within one hundred and twenty (120) days after the effective date of this ENA, Developer shall submit to Housing Successor a market feasibility study for its Proposed Development, including a residential housing and neighborhood retail specific market study and residential housing and neighborhood retail marketing strategy. F. Necessary Debt and Equity Financing. Within one hundred and fifty (150) days after the effective date of this ENA, Developer shall submit reasonable satisfactory evidence to Housing Successor, including the financing structure and preliminary commitments and letters of intent from financial organization or other equity partners, demonstrating Developer can and will obtain the necessary debt and equity financing in an amount sufficient to pay for acquisition and development of the Project Site. G. Submittal and Review of Conceptual and Phasing Plans._ Within one hundred and eighty (18 0) days after the effective date of this ENA, Developer shall submit to Housing Successor conceptual and phasing plans for the development of the entire Site (the "Conceptual /Phasing Plans "). City staff shall review and comment on the Page 3 Conceptual and Phasing Plans. H. Housing Successor's Right to Additional Information. Housing Successor reserves the right, during the term of this ENA, to request reasonable additional information and data from Developer necessary for review and evaluation of the proposed development. Developer agrees to provide such additional information or data as reasonably requested in a timely manner. All information regarding the Developer's business practice which may be provided to Commission, shall remain confidential to the extent permissible by law. I. Hazardous Materials. Housing Successor shall not be responsible for conducting or financing any testing of the Project Site for hazardous materials pursuant to any applicable laws, statutes, rules and re2ulations. As Housing Successor and Developer, Developer shall also be responsible for making site conditions suitable for the Proposed Development, including, but not limited to, flood zones, Alquist-Priolo, and similar matters. For purposes of this ENA, "hazardous materials" shall mean asbestos; polychlorinated biphenyls (whether or not highly chlorinated); radon gas; radioactive materials; explosives; chemicals known to cause cancer or reproductive toxicity; hazardous waste, toxic substances or related materials; petroleum and petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance", as defined by section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., or as "Hazardous Waste" as defined by section 6903 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.; an "Extremely Hazardous Waste," a "Hazardous Waste" or a "Restricted Hazardous Waste," as defined by The Hazardous Waste Control Law under sections 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to section 25140 of the California Health and Safety Code; a "Hazardous Material", "Hazardous Substance," "Hazardous Waste" or "Toxic Air Contaminant' 'as defined by the California Hazardous Substance Account Act, laws pertaining to the underground storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act under sections 25316, 25281, 25501, 25501.1 or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous Substance" listed or identified pursuant to section 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22 of the California Code of Regulations sections 66261.1 - 66261.126; chemicals listed by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or reproductive toxicity pursuant to section 25249.8 of the California Health and Safety Code; a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, materially damages or threatens to materially damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or government agency requires in order for the property to be put to the purpose proposed by this Page 4 ENA; any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; any radioactive material including, without limitation, any "source material," "special nuclear material," "by- product material," "low -level wastes," "high -level radioactive waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code sections 25800 et seq.; hazardous substances regulated under the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., or the California Occupational Safety and Health Act, California Labor Code sections 6300 et seq.; or regulated under the Clean Air Act, 42 U.S.C. 7401 et seq. or pursuant to The California Clean Air Act, sections 3900 et seq. of the California Health and Safety Code. Any studies and reports generated by Developer's testing for hazardous materials shall be made available to the Agency upon Agency's request. J. No Obligation by Housing Successor. Notwithstanding any other provision of this agreement, nothing herein shall obligate or be deemed to obligate Housing Successor to approve or execute a DDA or OPA, or convey any interest it has, if any, in any portion of the Project Site to Developer. The parties understand and agree Housing Successor cannot be obligated to approve or execute a DDA or OPA, commence any action to convey any interest in any portion of the Project Site to Developer whatsoever, unless and until, among other legal requirements and as applicable, (i) CEQA requirements are met and (ii) a DDA or OPA satisfactory to Housing Successor is first negotiated, executed by Developer, approved by Housing Successor's Board, in each of their sole discretion, after duly noticed public hearing, and executed by Housing Successor. The parties each agree to negotiate in good faith to accomplish the objectives described in this ENA. K. DDA or OPA to Supersede this ENA. This ENA will be superseded by the DDA or OPA, if and when the proposed DDA or OPA is executed by Developer and approved by Housing Successor in the manner required by law, and executed by Housing Successor. L. Housing Successor Responsible for CEQA Compliance. Housing Successor, at Developer's costs, shall be responsible for complying with CEQA in connection with the Project Site and the development of the Project Site. M. Real Estate Commissions. Housing Successor shall not be liable for any real estate commissions or brokerage fees, which may arise herefrom. Housing Successor represents it has not engaged a broker, agent or finder in connection with this Page 5 transaction. Each party agrees to hold harmless the other parry from any claim by any broker, agent or finder retained, or claimed to have been retained, by that first party. N. Conflicts of Interest. For the term of this ENA, no member, officer or employee of Housing Successor, during the term of his or her service with Housing Successor, shall have any direct or indirect interest in this ENA or obtain any present or anticipated material benefit arising therefrom. O. Change in Ownership or Control of Developer. Developer understands Housing Successor is entering into this ENA based on the prior experience and qualifications of Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all of its rights under this ENA to any party not owned, in the majority, or controlled I y Developer, without the prior written approval of Housing Successor, at its sore discretion. P. Indemnily. Developer agrees to and hereby does defend, hold harmless and indemnify Housing Successor, City and each of their officers, agents and employees (the "Indemnified Parties ") from damages arising from Developer's acts or omissions; provided, that the obligation to defend does not apply to actions arising solely from the Indemnified Parties' acts or omissions; and provided, further, that the obligation to indemnify and hold harmless does not apply to the extent caused by the negligence or willful misconduct of any of the indemnified Parties. Q. Governing _Law. This ENA shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. R. No Third Party Beneficiaries. Housing Successor and Developer expressly acknowledge and agree they do not intend, by their execution of this ENA, to benefit any persons or entities not signatory to this ENA; provided, that the parties understand if a DDA or OPA is ultimately entered into, there may be involvement by, or commissions or fees paid to, any brokers representing Developer pursuant to the terms of a separate written agreement between Developer and such brokers. Developer hereby agrees to indemnify, defend and hold harmless the Indemnified Parties from any claim or action brought by or on behalf of any such broker related to their involvement with Developer or for Developer's failure to pay any commissions or fees. No person or entity not a signatory to this ENA shall have any rights or causes of action against either Housing Successor or Developer arising out of or due to Housing Successor's or Developer's entry into this ENA. Housing Successor and Developer shall meet regularly with each other in order to negotiate a proposed DDA or OPA to include, without limitation, the following provisions: Page 6 A. A single development plan comprised of one or more phases (scope of development) that is functional, aesthetic, and minimizes conflicts with, and is sensitive to, adjoining and adjacent properties. Architectural and site design issues to be resolved shall include, but not be limited to, acceptable architectural and landscape quality, initial size and maturity of plantings, access and circulation, determination of parcel boundaries, on-site and off-site improvements, Project Site-perimeter treatment, landscaped buffers, parking, signage, lighting, and easements, if applicable. B. The design and configuration of the site plan shall maximize, to the extent reasonably feasible, the potential to attract retail/.restaurant tenants. C. The acquisition procedures that may include the time schedule for conveyance, if any, Cl-',- V__ TT__* the A A, ofLportions of the Project OILU IIUIII FIVUI�!dng Successor, tMe, 1111-la-InIC-ing plan, anu We cost of the Project Site. D. The timing and conditions precedent for the conveyance, if any, of the Project Site or portions thereof. E. The performance guarantees, amount of liquidated damages, and good faith deposit to be required, if any. The proposed DDA or OPA shall require Developer to pay when due, on all those parcels owned by Developer, all taxes, assessments, and special taxes levied on the Project Site and all debt service on all bonds outstanding from time to time which have a lien or encumbrance on the Project Site. Any deposit under the DDA or OPA shall be returned to Developer upon the completion of the development as evidenced by a Certificate of Completion issued by Housing Successor. F. A schedule of performance encompassing appropriate and necessary legal, administrative, financial and construction benchmarks to be met by the appropriate party. G. The responsible party to prepare a subdivision tract map subdividing the Project Site into parcels as appropriate and necessary. H. The responsible party for all costs associated with the removal or remediation of any potentially hazardous materials from the Project Site and demolition of all improvements on the Project Site. I. Ownership of all plans, drawings and specifications prepared by Developer in the event of termination of the DDA or OPA. J. Appropriate controls to limit the use of the Proj ect Site, including, but not limited to, a requirement for the uses to meet the criteria set forth in Exhibit B, attached hereto. K. Operational and maintenance plans for the development, including the parking. Page 7 A financing plan, LIMITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE OF CLAIMS A. Neither party would have agreed to any part of this ENA if it were to be liable to the other party for any amount of monetary damages. Accordingly, both parties acknowledge and agree each party's exclusive right and remedy upon any breach or default of the other party to negotiate in good faith, as set forth in this ENA, is to terminate this ENA or seek specific performance regarding the exclusivity provisions in of this ENA, as applicable. The prevailing party , in ,my action brought pursuant to this subparagraph A. shall also be entitled to an award of reasonable attorneys' fees and costs. If this ENA is terminated, then the Good Faith Deposit being held by Housing Successor, if applicable, shall be returned to Developer by Housing Successor, in accordance with Paragraph 3.A. B. Each party acknowledges it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with the debtor. C, Civil Code Section 1542 notwithstanding, it is the parties' intention to be bound by the limitation on remedies set forth in this Section, and each party hereby releases any and all claims against the other party for monetary damages or other legal or equitable relief, whether or not such released claims were known or unknown to the releasing party as of its entry into this ENA. Each party hereby waives the benefits of Civil Code Section 1542 and all other statutes and judicial decis' s (whether state or federal) of similar effect. 7 Housing Successor Initials Initials Housing Successor shall have the right to terminate this ENA in the event Developer (a) proposes provisions in the proposed DDA or OPA, which (i) materially vary from those described in this ENA or (ii) describe a development that materially varies from the development generally described in Paragraph I of this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Developer's receipt of written notice thereof. 5M., 7. TERMINATION BY DEVELOPER Developer shall have the right to terminate this ENA in the event Housing Successor (a) proposes provisions in the proposed DDA or OPA, which materially vary from. those described in this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Commission's receipt of written notice thereof. A. Any notice, request, approval or other communication to be provided by either party shall be in writing and dispatched by first class mail, registered or certified mail, postage prepaid, return - receipt requested, or by electronic facsimile transmission followed by delivery of a "hard" copy, or by personal delivery (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), to the addresses of Housing Successor and Developer set forth below. Such written notices, requests, approvals or other communication may be sent in the same manner to such other addresses as either party may from time to time designate. B. Any notice that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt; and any notice that is sent by registered or certified mail, postage prepaid, return- receipt requested shall be deemed received on the date of receipt thereof. C. If to Housing Successor: City of Baldwin Park Attn: Shannon Yauchzee, Chief Executive Officer 14403 East Pacific Avenue Baldwin Park, California - 91706 Telephone: (626) 960.4011, ext. 482 Facsimile: (626) 337.2965 With a copy to: Tafoya & Garcia LLP Attn: Robert Tafoya 316 West 2nd Street, Suite 1000 Los Angeles, California - 90012 Telephone: (213) 617 -0600 Facsimile: (213) 617 -2226 D. If to Developer: Montebello Housing Development Corporation Attn: Robert Monzon, President 1619 Paramount Boulevard Montebello, California — 90640 Telephone: (323) 722-3955 Facsimile: (323) 722-6209 With additional copies to: Roquemore, Pringle & Moore, Inc. Attn: John Pringle 6055 E. Washington Blvd., Suite 500 Los Angeles, California - 90040 Telephone: (323) 724-3117 X304 Facsimile: (323) 724-5410 9. COUNTERPART ORIGINALS. This ENA may be executed in two (2) counterpart originals which, when taken together, shall constitute but one and the same instrument. 10. ENTIRE AGREEMENT This ENA represents the entire agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to development of the Project Site. This ENA may not be amended unless agreed as such in writing and certified by the signatures of the parties hereunder. Page 10 lllmmmmfflvxl@�; The effective date of this ENA shall be the date it is signed on behalf of Housing Successor, Dated: TAFOYA & GARCIA, LLP General Counsel Dated-, IIJOD Page 11 1.11=- all"im- 11"N"I BMwVTT'11'1 MIN"41111111 .. COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY BALDWIN PARK on Manuel Lozano, (-,',hair et California Corporation °r y Y Y PG Y g 12 02153 ✓r,, r5 N75 °4 1 CI^iy�Y HC,�i3�t6't01.1• V _.. 21B58g5E 1 •• R -%42 C-� pp R.tSW CF 2357.1 EXHIBIT A MM G M Ft01,E. 1 � t Pd Z X14, MY I lA9 43 NIYIiNEOR397z3-47 a BADILO r ST SK f 8554 r �. Page 12 IWAIIII Any, retail uses to be operated on the Project Site shall bolimited to neighborhood retail operatoonde majority o[the commercial component Project Site. Fast-food establishments, buainomoca of any kind, professional services such as nail salon and similar uses are not acceptable neighborhood retail businesses for this project. The Executive Director, in his sole discretion, may determine whether u proposed business operator not named above meets the intent of this criteria. Page 13 I' A, MARCH • f 11 ' • . BALDWIN Manuel Lozano Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio - Chair - Vice Chair - Board Member - Board Member - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Finance Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice Chair Cruz Baca and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSICON No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista alg(lna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT —JANUARY 2015 Staff recommends that Council receive and file the Treasurer's Report for the month of January 2015. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of March, 2015. r Alejandra Avila Secretary PLEASE NOTE: Copies of staff reports and sup 'porting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2" Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 or via e -mail at krussell(@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) SUMMARY Attached is the Treasurer's Report for the month of January 2015. The Treasurer's Report lists ail 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. WRARM \OM LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 1/31/2015 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.26% Varies Varies 25,109,025.83 25,109,025.83 25,109,025.83 25,109,025.83 Housing Authority 0.26% Varies Varies 23,050.50 23,050.50 23,050.50 23,050.50 25,132,076.33 25,132,076.33 25,132,076.33 25,132,076.33 Fiscal Agent Funds - City Varies Varies Varies 2,222,362.75 2,222,362.75 2,222,362.75 2,222,362.75 Fiscal Agent Funds - Successo Varies Varies Varies 2,937,943.60 2,937,943.60 2,937,943.60 2,937,943.60 $ 30,292,382.68 $ 30,292,382.68 5,160,306.35 $ 30,292,382.68 Total Investments $ 30,292,382.68 Cash City Checking 11,199,938.66 City Miscellaneous Cash 50,705.96 Comm. Develop. Comm. 0.00 Successor Agency 2,421,985.05 Housing Authority 145,525.15 Financing Authority 0.00 Total Cash 13,818,154.82 Total Cash and Investments $ 44,110,537.50 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of January 2015 and several deposits/withdrawals were made with 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 bye Craig 0 D A MARCH 18, 2015 7:00 PM . - z P ' ea. Manuel Lozano - Chair Cruz Baca - Vice Chair Monica Garcia - Board Member Ricardo Pacheco - Board Member Susan Rubio - Board Member PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al pGblico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo durante el perfodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. r. tsa }agenda #ten fordata ,. r; CE.£'i.�i✓, .,.. a.f r?w w. :,i f::d !� ,.�1_'p(.SiaF �� �k's;rawii€,1 . ...., �. .. i.:.. r`t3ia,r3 as iP✓ e,,, ii_. tr ._ir..�Cd. t�..1R �{ 3" ✓ �' r r" -` ',ry ,, -0r ry ,r Flo ,0,', t .k r�'t"°' r �..., r :.'>.t�nes�t > I'd ii 3> ,.mi,, �„ ✓. v, i; b ifta�«Lw �Ax a '4 �.> a �. v.iZ'.� A,,-- > nu e, J ,J �w ? ✓ HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice Chair Cruz Baca and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS TuE TIME SET ASIDE TO ADDRESS T'IIE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. (Codigo de Gobierno §54954.2) CONSENT CALENDAR 1. TREASURER'S REPORT —JANUARY 2015 Staff recommends that Council receive and file the Treasurer's Report for the month of January 2014. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Housing Authority hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of March, 2015. Alejandra Avila Secretary PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 or via e -mail at krussell(d7baldwinpark.com . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE Il) ITEM NO. ` STAFF REPORT d f TO: Honorable Mayor and City Councilmemrs H TH of 9� FROM: Craig A. Graves, Director of Finance SAN GABRIEL DATE: March 18, 2015 �co VALLEY .01 gA�Rq oP�` ry® SUBJECT: TREASURER'S REPORT — JANUARY 2015 JnraU SUMMARY Attached is the Treasurer's Report for the month of January 2015. 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. FISCAL IMPACT None. LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 1/31/2015 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.26% Varies Varies 25,109,025.83 25,109,025.83 25,109,025.83 25,109,025.83 Housing Authority 0.26% Varies Varies 23,050.50 23,050.50 23,050.50 23,050.50 25,132,076.33 25,132,076.33 25,132,076.33 25,132,076.33 Fiscal Agent Funds - City Varies Varies Varies 2,222,362.75 2,222,362.75 2,222,362.75 2,222,362.75 Fiscal Agent Funds - Successo Varies Varies Varies 2,937,943.60 2,937,943.60 2,937,943.60 2,937,943.60 $ 30,292,382.68 $ 30,292,382.68 5,160,306.35 $ 30,292,382.68 Total investments $ 30,292,382.68 Cash City Checking 11,199,938.66 City Miscellaneous Cash 50,705.96 Comm. Develop. Comm. 0.00 Successor Agency 2,421,985.05 Housing Authority 145,525.15 Financing Authority 0.00 Total Cash 13,818,154.82 Total Cash and Investments $ 44,110,537.50 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of January 2015 and several deposits /withdrawals were made with 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 bye„ Z Craig A.GrWres Fi nance0i rector