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HomeMy WebLinkAbout04.07.21 Staff ReportNOTICE AND CALL OF A SPECIAL VIRTUAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, April 7, 2021 at 5:00 PM. virtually. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Dated: April 1, 2021. Etmm'J. Estrada mm Mayor AFFIDAVIT OF POSTING 1, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of April 7, 2021. ,qA A&./ Marlen Garc' A,Z City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL VIRTUAL MEETING April 7, 2021 5:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https.11www.youtube.comlchannellUCFLZO dQF F Ifeatured?view as=subscriber .Rjy59rhiDZ13__q_ ht(p.-Abaldwinpark. granicus. comlViewPublisherpha ?view id=10 Audio Streaming Simultaneously in Spanish will be available at- https.11www. youtube.comlchannellUC3bPFBIHcoPIksIXgetmGcA L U SA��,6'' 'B I L ANX3 Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tern Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al p6blico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda. agenda. In accordance with Chapter 39 of the De acuerdo con e/ capitulo 39 del C6digo Municipal Baldwin Park Municipal Code, Speakers must de la Ciudad de Baldwin Park, los comentaros deben address the Council as a whole and refrain se dirigidos al Concilio como una sola entidad, y no from making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of the interrumpir la paz de la reuni6n. meeting. L� I CITY COUNCIL SPECIAL VIRTUAL MEETING – 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tern Alejandra Avila, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on April 7, 2021 to commentsp_baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 3:00 PM on April 7, 2021. If you are a non-English Speaker and require translation services in another lanauaae other than Spanish, or sign, please indicate your request in your communication 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. OPEN SESSIONISTUDY SESSION • Safe Parking Presentation Presented by Recreation & Community Services Department Program Coordinator, Armando Nava, Volunteers of America of Los Angeles Senior Program Manager, Craig Henry and Safe Parking Manager, John Ruffin. • Prism Insurance Presentation Presented by Human Resources and Risk Manager Laura Thompson RECESS TO CLOSED SESSION 1. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: John Doe 1 v. John Doe S.V Case No. 20STCV37963 Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400 Case Name: Michael Hemmingway et al. v. City of Baldwin Park Case No. 21STCV07382 Case Name: Jason Adams et al. v. City of Baldwin Park Case No. 21 STCV07429 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon, Shannon Yauchzee, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Service Employee International Union (SEIU) 3. 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): Five (5) 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 14030 Live Oak Avenue Negotiating Parties: City of Baldwin Park and Tony Kim and Shaun Szameit, Baldwin Park Distribution and Devise Distribution LLC B. Property: 14521 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Valley County Water District 5. Real Property Negotiations Pursuant to Government Code §54956-8: C. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. D. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. E. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan Jenome Research F. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park G. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP H. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. 1. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group J. Property: 4802 Littlejohn Street, Suite B (CAN 17-29) Negotiating Parties: City of Baldwin Park and Yichang Bai W&F International Corp. K. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. L. Property: 15440,15442 and 15444 Arrow Highway (CAN 18-01) Negotiating Parties: City of Baldwin Park and Tim McCarty Ala Karte, LLC M. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. N. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. 0. Property: Negotiating Parties: P. Property: Negotiating Parties Q. Property: Negotiating Parties: 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 5018 Lante Street City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. R. Property: Torch Street & Marlinda Avenue Negotiating Parties: City of Baldwin Park and TTJ Investments, LLC Avenue (APNs: 8550-020-079, 080, 081, 084, 085, 086 and 087) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of April 7, 2021. 04tMar City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext 466 or e- mail Imorales(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) BALDWIN PARK CITY COUNCIL REGULAR VIRTUAL MEETING 07OU1919H IFFIT11ME THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https.-Ilwww.youtube.comlchannellUCFLZO dDER Falfeatured?view as=subscriber jy59rhiQZ13_L_ http.-Abaldwinl2ark. granicus. comlViewPublisher. php ?view id=10 Audio Streaming Simultaneously in Spanish will be available at: ht�ps:llwww.voutube.com/�hannel/UC3bPFBIHcoPIks]X qetmGcA H U 0 F 'T H . . . . . . ... . . ... ..... .. . . 4 J Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tern Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al pOblico a dirigirse al Concilio o cualquier 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 para hablar sobre cualquier asunto publicado en la or on any other matter within its jurisdiction. agenda o cualquier tema que est6 bajo su In accordance with Chapter 39 of the jurisdicci6n. De acuerdo con e/ capitulo 39 del Baldwin Park Municipal Code, Speakers C6digo Municipal de la Ciudad de Baldwin Park, los must address the Council as a whole and comentaros deben se dirigidos al Concilio como refrain from making impertinent, slanderous, una sola entidad, y no ser impertinentes, or profane remarks or disrupt the peace of difamatorios, o profanos, o interrumpir la paz de la the meeting. reuni6n. CITY COUNCIL REGULAR VIRTUAL MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tern Alejandra Avila, and Mayor Emmanuel J. Estrada REPORT FROM CLOSED SESSION ANNOUNCEMENTS Council are also members of the Board of Directors of the Housing Authority, which is 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. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Recognition of the 2021 Women of the Year Award Christina Lucero, Baldwin Park School Board President 0 Donate Life Month Proclamation Presented to Jolene Vargas from Onelegacy Denouncing Asian Hate Crime Proclamation Presented to Rosalinda Sally Ong SB 1383 Organics Recycling Presentation Presented by Cal Recycle PUBLIC COMMUNICATIONS If you wish to comment, please email your name, City of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on April 7, 2021 to comments&baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 5:00 PM on April 7, 2021. If you are a non-English Speaker and require translation services in another language, or sign, please indicate your request in your communication 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. 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. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special City Council Meeting of March 17, 2021. Regular City Council Meeting of March 17, 2021. Special City Council Meeting of March 23, 2021. Special City Council Meeting of March 24, 2021. Special City Council Meeting of March 31, 2021. 3. Deny an Industrial Disability Retirement (IDR) Claim for Raymond Findley Staff recommends that the City Council deny the IDR. 4. Accept Completed Improvements and Authorize the Filing of a Notice of Completion (NOC) for City Project No. 2018-0241 (CIP 19-20) — Compressed Natural Gas (CNG) Facility Located at Badillo Street and Ramona Boulevard Staff recommends that the City Council: 1. Accept the construction improvements by AMTEK Construction and authorize the recordation of a Notice of Completion for City Project No. 2018-0241 (CIP 19-20); and 2. Authorize the release of retention funds in the amount of $36,754.65 to AMTEK Construction upon the expiration of 35 -day notice period. 5. Approve Final Tract Map No. 78214 to Subdivide One (1) lot into Ten (10) Lots to Facilitate the Construction of Ten (10) Attached Condominium Townhome Units and One (1) Common Lot It is recommended that the City Council accept the Final Tract Map No. 78214 and authorize the City Clerk and staff to sign the Final Tract Map. 6. Authorization to Publish a Request for Proposals (RFP) for Citywide Tree Trimming Services It is Staff's recommendation that the City Council to authorize Staff to publish an RFP for Citywide Tree Trimming Services. City Council Agenda Page 3 7. Approve Request for Service (RFS) Proposal for Construction Services from On - Call Consultant, Infrastructure Engineers, Inc. (IE) for Construction Management and Inspection Services for City Project Nos. CIP 20-24, 20-128, and 20-160, Collectively Known as the Baldwin Park Downtown Beautification Project Including First Mile Last Mile Connections to the Baldwin Park Transit Center Project It is Staff's recommendation that the City Council authorize the Director of Public Works to approve the RFS proposal from Infrastructure Engineers (IE) in the amount of $81,161 for the Construction Management and Inspection Services for the City Project Nos. CIP 20-24, 20-128, and 20-160, Collectively Known as the Baldwin Park Downtown Beautification Project Including First Mile Last Mile Connections to the Baldwin Park Transit Center project. 8. The Comprehensive Annual Financial Report for Fiscal Year 2019-20 It is recommended that the City Council receive and file the City of Baldwin Park's CAFR for fiscal year ended June 30, 2020. 9. A Request to the City Council from the Planning Commission to Approve Development Agreement 20-02 to Allow the Conversion of a Double -Sided Static Billboard into a Double -Sided LED Digital, Billboard (Location; 12921 Garvey Avenue; Applicant: Outfront Media, LLC; Case Number: DA 20-02) It is recommended that the City Council receive and file the City of Baldwin Park's CAFR for fiscal year ended June 30, 2020. 10. Ratify and Adopt a Resolution to Update the City of Baldwin Park Comprehensive Pay Schedule in Accordance with Cal PERS Established Guidelines and Approve the Employment Agreement with Lucy Garcia for the Position of Chief Executive Officer Staff recommends that the City Council: 1. Approve, Ratify and Adopt Resolution No. 2021-014 approving the Comprehensive Pay Schedule reflecting the salary range of the Chief Executive Officer; and 2. Authorize the Human Resources Manager to execute an agreement for Lucy Garcia in the capacity of Chief Executive Officer approved as to form by the City Attorney. PUBLIC HEARING 11. FY 2021-22 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing Staff recommends that the Mayor and City Council: 1. Conduct a public hearing to consider the city's housing and non -housing community development needs for the preparation of the FY 2021-22 Annual Action Plan. 2. Following the public hearing, receive and file this report, any comments made by the Mayor, City Council, and/or residents during the public hearing, for inclusion in the Fiscal Year 2021-22 Annual Action Plan. City Council Agenda Page 4 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Mayor Estrada: 0 Mayor Estrada requests City Council Discussion and Direction to Staff to Reinstate Funding for a Virtual State of the City Address event. Mayor Estrada requests City Council Discussion and Consideration to Staff to create a policy nominating a Resident of the Year annually. ADJOURNMENT CERTIFICATION 1, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 1st day of April, 2021. OnNh#'1A&Z Marlen Garcia City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at lmorales@baidwinpark.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 11) City Council Agenda Page 5 ITEM NO. 1 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance 0 - , � - 111, 1_11� -I - - 1 0 DATE: April 7, 2021 SUBJECT: City of Baldwin Park's Warrants and Demands A11MMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $944,874.80 and the attached General Warrants Register was $1,862,802.31 for a total amount of $2,807,677.11. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 201052 to 201068 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 25961 to 26365 for the period February 21, 2021 through March 20, 2021, inclusive; these are presented and hereby ratified in the amount of $944,874.80. 2. General Warrants, with the bank drafts in the amount of $618,364.14 and checks from 231969 to 232135 in the amount of $1,244,438.17 for the period of March 8, 2021 to March 25, 2021, inclusive; in the total amount of $1,862,802.31 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register 6 z V- z WOO 0 c P P rl P P N N N N N N cl� rq cq C, oo'n P� P� 04 04 m t4 0� m m m m m g N N �4 - ,,� q 0 0 0 0 0 0 0 0 0 0 0 0 0 C4 C)'MMMMMM M MMMM46"� ��! 8 8 C4 r� W U 94 P Z IAO—�0 In u "s'dufflmwen w 7- z - " " ,, I- n 0 V - 0000wp� NZ >� mM O�HMUUHM- '100 m C) n a 0 000 0000ow w CA 0 C4 < R 3 O�� �O� 0 W C) 0 p D "' 2 - In U 6 o o o 0 0 0 u U �l m m ri 00 no -OHHMflh� W-Effilffiffiffl MM �w AN ... 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A A 9 � 8 ;� q 't 't g g 't �3 " 9 1� - N - � t� :� �� � - 11 � � - - � :� � ;� . \C� I , . cli Cl! W w - t- - :� U-� � , 'i , 6 6 6 In In 9 S, 9 9 c? 1� 1�1 In E- In In — C-4 'I A In ij I� C� qi C� C;4 C� C� I� 9 1� c? c� c? c? c? c� li I:? 4� C? �5 c? C? I? I? I? li, I? I� 9 9 1 1 1 . . . c? c� U "6 En z z �P, C) 0 0 0 u �OOOOMH 0 C) 0 0 Cl PA V) t) CA C6 w w V) HIM �,AMMHH" 0 u V) V) M M In In 11 In In Z�', 4—� —m —,n q m In m In 2.- 2 In q m in In I m V In CA In In ou g 't g "P g g g g CI - — - - - - - - - - - - - - - - - - — — - . . . . . . E E E E E E E E E E oor)nnnnn nopmpnnnn 0 If4r3p,11 " V-- VV o , 11 , "/.N, V\ ' - TO: Honorable Mayor and Members of the City Council OF�" Val FROM: Lourdes Morales, Chief Deputy City Clerk SA�64�R:IEL DATE: April 7, 2021 SUBJECT: Meeting Minutes rZO JANO (ki�) ANIO) SUMMARY The City Council held Special and Regular City Council Meetings on the dates listed below. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special City Council Meeting of March 17, 2021. Regular City Council Meeting of March 17, 2021. Special City Council Meeting of March 23, 2021. Special City Council Meeting of March 24, 2021. Special City Council Meeting of March 31, 2021. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Meeting minutes will be made available at the City Council Meeting. 3 L TO: Honorable Mayor and Members of the City Council U�OF FROM: Shannon Yauchzee, Chief Executive Office SAN, , G 'ABRIEL Laura J. Thomas, Human Resources/Risk Manager L L E Y 4V DATE: April 7, 2021 SUBJECT: Deny an Industrial Disability Retirement (IDR) claim for Raymond Findley Q1 IUUADV This report requests City Council's consideration and direction on the Determination of Disability for Raymond Findley as he has filed for an Industrial Disability Retirement (IDR). RECOMMENDATION Staff recommends that the City Council deny the IDR. BACKGROUND Mr. Findley retired from his employment effective August 6, 2020, and subsequently submitted a request for an IDR with CaIPERS. Mr. Findley was a Police Sergeant who had been employed by the City of Baldwin Park since October 22, 1995. During his career, he filed one workers compensation claim in 2011. The claim was resolved by Stipulations which included future medical care. According to Adminsure, the City's workers' compensation third party administrator (TPA), prior to Mr. Findley's retirement, there were no active workers compensation claims on file. Moreover, the City's TPA confirmed that Mr. Findley has no permanent disability. They further confirmed that Mr. Findley is only entitled to future medical care for the injury that occurred in 2011, and there was nothing in the record prohibiting Mr. Findley from performing the full range of duties as a Police Sergeant. Therefore, Mr. Findley's request for an IDR does not meet the appropriate criteria. In light of these facts, staff is requesting that City Council deny Mr. Findley's request at this time. LEGAL REVIEW Legal Review is not required for this item. ALTERNATIVES Alternative is to not take any action on this item pending further discussion ATTACHMENTS None ITEM NO. 4 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: April 7, 2021 5�AN 0 _V SUBJECT: Accept Completed Improvements and Authorize the Filing of a -0241 — _4 Notice of Completion (NOC) for City Project No. 2018 Compressed Natural Gas (CNG) Facility Located at Badillo Street and Ramona Boulevard SUMMARY This report seeks City Council consideration for acceptance of project improvements for City Project No. 2018-0241— Compressed Natural Gas (CNG) Facility at Badillo Street and Ramona Boulevard. The item will also authorize the filing of a Notice of Completion (NOC) with the LA County Recorder's Office. This project is the first CNG station to be operated by the City which will benefit the public, City vehicles including the City's Transit fleet and the Los Angeles County Public works CNG fleet through slow fill stations on their property. The project included installing and setting up new infrastructure for natural gas and electrical demand for the newly installed Galileo Microbox System. As part of the work, a concrete pad for the unit and equipment was installed and a 10 -ft perimeter decorative block wall was constructed to conceal the station and to provide visual mitigations and protection. Fueling equipment (dispensers) were installed on both City and County specified areas. RECOMMENDATION Staff recommends that the City Council: 1. Accept the construction improvements by AMTEK Construction and authorize the recordation of a Notice of Completion for City Project No. 2018-0241; and 2. Authorize the release of retention funds in the amount of $36,754.65 to AMTEK Construction upon the expiration of 35 -day notice period. FISCAL IMPACT There is no impact to the General Fund. The following table summarizes the total approved funds and construction expenditures for the project: Approved Bud et Amount $684,237 Proposition C— Fund #245-50-520-58110-15507 $414,505 FY2019-20 FY2020-21 Los Angeles County AB2766 Contribution — Fund #280-50-520- 58110-15507 $241,459 CIP 2018-0241 Measure R- Fund #254-50-520-58110-15507 $35,300 Measure M- Fund #255-50-520-58110-15507 $111,397 Total Budget $802,661 Construction Costs Amount Construction Contract Amount (AMTEK) $684,237 Construction Contract Change Orders (AMTEK) $50,856 12" water main relocation (valley County Water District) $35,130 Total Construction Costs $770,223 BACKGROUND In 2013, the California Environmental Protection Agency identified the City of Baldwin Park as one of the cities with the highest polluted air in the State. In an effort to improve air quality in the region, the SCAQMD has established a grant program to fund solutions to reducing air pollution from motor vehicles through its MSRC grant funding program. Both the City and County agree with SCAQMD that the establishment of a CNG refueling station within this regional will help to improve the environmental, economic and social well-being of its surrounding and adjacent communities while maximizing and leveraging resources. On February 14, 2014, the City was awarded a grant of $400,000 from SCAQMD's Mobile Source Air Pollution Reduction Review Committee (MSRC) under its Local Government Match Program to construct a CNG refueling station on the City -owned property near the intersection of Ramona Boulevard and Badillo Street, adjacent to the County of Los Angeles Public Works Maintenance Facility. On October 15, 2014, the City Council approved a cost sharing agreement with the County to contribute an equal share or $400,000 toward the construction of a refueling station and to supply the County with compressed natural gas for its maintenance vehicles. On February 7, 2017, the County approved the contribution of $400,000 toward the construction on a new CNG refueling station with the expectation to share in the uses of compressed natural gas for its maintenance vehicles. The CNG refueling station include two fast -fill dispensers for both City and County vehicles as well as a 'for fee' pricing for the general public. The County has four slow -fill dispensers for overnight fueling of maintenance vehicles. On March 1, 2017 the City Council authorized the purchase of Galileo Technologies Micro Box Refueling Station Compressed Natural Gas (CNG) System Unit and Storage System for $594,868. The authorization allowed for inclusion of a heavy-duty dispenser and fast -fill unit for larger trucks and transit vehicles. On December 19, 2018, a construction contract was awarded to AMTEK Construction in the amount of $684,237 plus contingency amount of $68,425 in a total amount of $752,662. On March 6, 2019, City Council approved the appropriation of additional funds for the relocation of the 12" waterline and contract administration. DISCUSSION This project consisted of installation of the Galileo Microbox system with related utility services, dispensers, construction of a 10" high decorative wall with decorative gates, ADA compliant driveways, including sidewalks, full depth pavement reconstruction (including County slow -fill area), slurry of parking lot and restriping. Additionally, the project included the construction of parking lot lighting, grading and compaction. The total construction cost of the project is $770,223 which includes several changes addressing unforeseen and additional work items to complete the project. Change orders were executed for the relocation of a 12" water main, additional electrical work, installation of a blower unit and grouting of the unit base. Other changes included increased setback requirements by the Gas Co and a much larger compressor supplied by Galileo. LEGAL REVIEW None Required. ATTACHEMENTS 1. Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK When Recorded Return To: Name: CITY OF BALDWIN PARK Address: 14403 East Pacific Avenue Baldwin Park, CA 91706 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: City Project No. CIP 2018- 0241, Compressed Natural Gas (CNG) Facility located at Badillo Street and Ramona Boulevard for the City of Baldwin Park and was ACCEPTED by the City Council on: March 3, 2021. 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 4. A work of improvement on the property hereinafter described was COMPLETED on February 25, 2021 5. The work of improvement completed is described as follows Compressed Natural Gas (CNG) FacilitV, Project No. CIP 2018-0241 6. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is AMTEK Construction 7. The street address or location of said property is 14747 Yz Ramona Boulevard in the City of Baldwin Park The undersigned, being duly sworn, is the Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. A* - A* - David Lopez, Associate Engineer John Beshay, Engineering Manager Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date City of Baldwin Park, City Hall Place of Execution Signature Sam Gutierrez, Director of Public Works TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: April 7, 2021 SUBJECT: Approve Final Tract Map No. 78214 to Subdivide One (1) lot into Ten (110) Lots to Facilitate the Construction of Ten (110) Attached Condominium Townhome Units and One (1) Common Lot SUMMARY This report seeks Council consideration for the approval of Final Tract Map No. 78214 pursuant to the State Subdivision Map Act and Section 152.12 and table 153.040.140B of the City of Baldwin Park's Municipal Code and Section 153.040 Part 3 (conditional permit) pursuant to California Government Code(§65915). RECOMMENDATION It is recommended that the City Council accept the Final Tract Map No. 78214 and authorize the City Clerk and staff to sign the Final Tract Map. FISCAL IMPACT There is no impact to the City's General Fund. BACKGROUND The subject Tract is located at 3234 Frazier Street, located between Frazier Street and Finchley Street. The Property will have access through Dart Street. The property is 24,428 square feet in area. On July 27, 2018, Planning Commission approved Tentative Tract Map No. 78214 (Resolution PC 18- 16), CP -867 and PR 17-41 to subdivide one (1) lot into ten (10) lots to facilitate the construction of ten (10) attached townhome units and one (1) common open space lot and guest parking within the R-3, High Density Residential zone, pursuant to table 152.12 of the City's Municipal Code. This development has one (1) affordable dwelling unit. Staff has reviewed the Final Tract Map and finds that it substantially conforms to the Tentative Tract Map conditions of approval. Upon approval and submittal of the improvement bonds, the map will be released for recordation at the Los Angeles County Recorder's Office. ALTERNATIVES A Final Tract Map that is in substantial compliance with the previously approved tentative map cannot be denied approval (Government Code §66474.1). Further, if the Final Tract Map is not approved at the first meeting or at the subsequent meeting from when the Final Tract Map was presented for approval and the map is in conformance with the requirements of the Subdivision Map Act, the map will be deemed approved without any further action by the City Council (Government Code §66458). Since the Final Tract Map is both in substantial compliance with the previously approved tentative map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative but to approve. LEGAL REVIEW None. ATTACHMENTS 1. Los Angeles County Assessor's Map 2. Final Tract Map No. 78214 3. Resolution PC 18-16 --------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ P� A, TRA REVISED 20040209 SEARCH NO OFFICE OF THE ASSESSOR 8556 20 8551-17 2087 2004012704001001-06 26oC�L)1;002-X�00�-06 COUNTY OF LOS ANGELES SHEET 2004012704001002-06 COPYRIGHT 0 2002 � .� :s " k AZ MAPPING AND GIS SERVICES SCALE I`= 100' & ol G PG Rm2 16 S927C cb &o. p &1?, 17 k, -U, '? 2 2 L96 -b 0 4 2 POR 610 4o� 1,7 4, 1.46:LAC do -96> 29 27C 31 co /--\ � 7, 1100. 7,.� &31 Lcrr L 6 TT G R) 10 LOTNUP18R) 24,433: SQ. FT. TRACT NO. 7,8214 'IN THE CITY OF THE BALDWIN PARK COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOT 42 OF TRACT NO. 718, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, RECORDS OF LOS ANGELES COUNTY. FOR RESIDENTIAL PLANNED DEVELOPMENT 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 WITHIN THE DISTINCTIVE E30RDER LINES, AND WE CONSENT 10 THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. WE HEREBY RESERVE LOT "A", AS "COMMON INTEREST", "OPEN SPACE", "PUBLIC ACCESS", "FIRE ACCESS", "LANDSCAPING'. . " DRAINAGE", " SEWER", AND "PUBLIC UTILITY" TO OURSELVES, OUR SUCCESSORS, OUR ASSIGNEES AND FUTURE OWNERS WITHIN THIS FINAL MAP. BALDWIN PARK HOMES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (OWNER) Z DAVID-TCOOK (MANAGING MEMBER) A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ON 7`20 -?-e'X0 BEFORE ME Tl�-$%rro &0�te_') PERSONALLY APPEARED DAVID COOK WHO PROVED TO ME ON THE BASIS OF SATISFAClu'RY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE�WITHJN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY AND THAT BY HIS SIGNATURE ON THE INSTRUMENT, THE PERSON, OR THE ENTITY UPON.BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. i I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE 'Xl"'_..Ae_,, MY COMMISSION NO. fir Al� � 1. 1, PRINTED NAME: Tr_4rr,� 44C�4VAA',f b4t;"?, MY COMMISSION EXPIRES: MdY 12 a,022, MY PRINCIPAL PLACE OF BUSINESS IS IN 0 Al,�I- Et COUNTY. MY TELEPHONE NO. 6914 �90 M,0 BENEFICIARY: PARTNERS CAPITAL SOLUTIONS FUND, LP, A DELAWARE LIMITED PARTNERSHIP, BENEFICIARY. UNDER THE DEED OF TRUST RECORDED MARCH 29, 2019, AS DOCUMENT NO. 201902768,32, OF OFFICIAL RECORDS, RECORDS OF THE COUNTY OF LOS ANGELES. PRINT NAME 7��u Y PRINT NAME TITLi\ F-�- TITLE A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ON N%At&i� 6, 7-07-0 BEFORE ME- PERSONALLY APPEARED L 0 rk WHO PROVED.TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR 51GNATURE(S) ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH Tk,,_'7.'�m-;;ERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE MY COMMISSION ',l PRINTED NAME: MY COMMISSION EXPIRES:' 0<17 kX.,Z-0-L7_ MY PRINCIPAL PLACE OF BUSINESS IS IN L03 IN14C,5_1_�Zt COUNTY. . 0 SHEET I OF 2 SHEETS SURVEYOR'S STATEMENT: I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA; THAT THIS FINAL MAP, CONSISTING OF 2 SHEETS, IS A TRUE AND COMPLETE SURVEY AS SHOWN, AND WAS MADE BY ME OR UNDER MY DIREC11ON IN OCTOBER, 2019; THAT THE MONUMENTS OF THE CHARACTER AND LOCATIONS SHOWN HEREON ARE IN PLACE OR WILL BE IN PLACE WITHIN TWENTY-FOUR MONTHS FROM THE FILING DATE OF THIS MAP; THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED AND THAT TIE NOTES TO ALL CENTERLINE MONUMENTS SHOWN AS "TO BE SET" WILL BE ON FILE IN THE OFFICE OF THE CITY ENGINEER WITHIN TWENTY-FOUR MONTHS FROM THE FILING DATE SHOWN HEREON. LAND JACK C. LEE, LS 8407 DATE JACK C. LEE Ln NO. 8407 or CA\� BASIS OF BEARING NOTES: THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING N39'06'30"E OF THE CENTERLINE OF FRAZIER STREET AS SHOWN ON MAP OF, TRACT NO. 41303 FILED IN BOOK 985, PAGES 54 AND 55, OF MAPS, RECORDS OF LOS ANGELES COUNTY. CITY ENGINEER'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 78214 CONSISTING OF 2 SHEETS; THAT THE SUBDIMSION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF -ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE TRACT MAP HAVE BEEN COMPLIED WITH. DATED THIS - DAY OF . 20 DATE MARIA A. CONTRERAS, CITY TREASURER MY. TELEPHONE NO. (VIF) �Y��- l7i'Q CITY OF BALDWIN PARK LOS ANGELES COUNTY TAX STATEMENT: CITY CLERK'S CERTIFICATE: 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 DATE DEPUTY I HEREBY CERTIFY THAT SECURITY IN ;THE AMOUNT OF HAS BEEN FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISO,-S OF THE COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF TAXES AND, SPECIAL ASSESSMEN i"'zi COLLECTED AS TAXES ON THE LAND SHOW ON MAP OF TRACT N.O.-78214 A'�­REQUIRED BY LAW. EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BY DATE DEPUTY (CITY OF BALDWIN PARK (COUNTY OF LOS ANGELES SS (STATE OF CALIFORNIA I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AT A REGULAR MEETING THEREOF HELD ON THE - DAY OF - AND THAT THEREUPON. SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP. DATED THIS DAY OF 20 ALEJANDRA AVILA CITY CLERK THE CITY OF BALDWIN PARK RESIDENTIAL PLANNING DEVELOPMENT NOTE: THIS TRACT IS APPROVED AS A RESIDENTIAL PLANNED DEVELOPMENT PROJECT FOR 10 LOTS, WHEREBY THE COMMON AREA WILL BE HELD IN FEE BY AN ASSOCIATION MADE UP OF OWNERS OF THE INDIVIDUAL LOTS. LOT A IS A COMMON LOT TO BE HELD IN FEE BY 'AN ASSOCIATION MADE UP OF OWNERS. OF LOTS 1 THROUGH 10, INC;-USIVE, FOR "COMMON INTEREST", "OPEN. SPACE", "PUBLIC ACCESS", "FIRE ACCESS", "LANDSCAPING", "bRAINAGE", "SEWER", -AND "PUBLIC UTILITY". = I NO. 33538� DATE: NICK SERVIN, P.E. Exp. 6/30/ CITY ENGINEER RCE 33538 EXPIRES 6/30/202,Z or CITY SURVEYOR'S STATEMENT - I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 78214 CONSISTING OF 2 SHEETS AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTAT!VE MAP HAVE BEEN COMPLIED WITH. xwk A L ell s DATE NICK SERVIN, P.E. NO. 33538 CITY ENGINEER Exp. 6/30/1 RCE 33538 EXPIRES 6/30/2022, r 't 0 C A C A CITY PLANNER'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT ALL PROVISIONS OF APPLICABLE ZONING ORDINANCES OF THE CITY OF BALDWIN PARK HAVE BEEN COMPLIED WITH. DATE RON GARCIA CITY PLANNER CITY OF BALDWIN PARK SPECIAL ASSESSMENTS CERTIFIC ATE: I HEREBY CERTIFY THAT ALL SPECIAL ASS ESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF.BALDWIN PAR,K TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL. DATE MARIA A. CONTRERAS, CITY TREASURER MY. TELEPHONE NO. (VIF) �Y��- l7i'Q CITY OF BALDWIN PARK LOS ANGELES COUNTY TAX STATEMENT: CITY CLERK'S CERTIFICATE: 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 DATE DEPUTY I HEREBY CERTIFY THAT SECURITY IN ;THE AMOUNT OF HAS BEEN FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISO,-S OF THE COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF TAXES AND, SPECIAL ASSESSMEN i"'zi COLLECTED AS TAXES ON THE LAND SHOW ON MAP OF TRACT N.O.-78214 A'�­REQUIRED BY LAW. EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BY DATE DEPUTY (CITY OF BALDWIN PARK (COUNTY OF LOS ANGELES SS (STATE OF CALIFORNIA I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AT A REGULAR MEETING THEREOF HELD ON THE - DAY OF - AND THAT THEREUPON. SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP. DATED THIS DAY OF 20 ALEJANDRA AVILA CITY CLERK THE CITY OF BALDWIN PARK RESIDENTIAL PLANNING DEVELOPMENT NOTE: THIS TRACT IS APPROVED AS A RESIDENTIAL PLANNED DEVELOPMENT PROJECT FOR 10 LOTS, WHEREBY THE COMMON AREA WILL BE HELD IN FEE BY AN ASSOCIATION MADE UP OF OWNERS OF THE INDIVIDUAL LOTS. LOT A IS A COMMON LOT TO BE HELD IN FEE BY 'AN ASSOCIATION MADE UP OF OWNERS. OF LOTS 1 THROUGH 10, INC;-USIVE, FOR "COMMON INTEREST", "OPEN. SPACE", "PUBLIC ACCESS", "FIRE ACCESS", "LANDSCAPING", "bRAINAGE", "SEWER", -AND "PUBLIC UTILITY". = I SCALE: 1 30' TRACT NO., 78214 IN THE CITY OF BALDWIN PARK .COUNTY OF LOS ANGELES, STATE OF C'ALIFORNIAl FOR RESIDENTIAL PLANNED DEVELOPMENT PURPOSES SHEET 2 OF 2 SHEETS INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP. FD S&W, "LS 5411", NO R-EFERENCE, FITS POSITION OF FD S&W, "LS 5411", NO S&W "RCE 25491" PER PM REFERENCE, FITS POSITION OF NO. 1343, PMB.326-31-32 S&W "LS 3173" PER TRACT NO. 4130S, MB 985-54-55 (BASIS OF BEARINGS 367.00' M. FRAZIER STREET 455.02' M,i< > [455,0011 N39'06'30"E :88.02' [88.00'1 u- ZO A 15.01' 0 V 255.27' M 10 v o 0 v 184,74' ((184.76 'F�-' Ld 0 m c� z Ld -4- Ln lu Q 0 0 0 L0 LLI rr Ld Fn P 0 z , :2 ui 0 0 0 0—w N39"06'30"E 455.02' [454.98 < [if z Ld 0- 367.00- M. laoo'. �88.02' [87.98'] LLT m bi 2 N39*06',30"E -i mz Lr) V) _A 1/--' m �C4-j I fy INST. NO. 1886 LQ r) W / 1--- 0 Of REC. 01-23-1969 00 Lr) z 33.01' ui y- 0) ui Lr) I - UD -i a- 0 �-- N NW'LY LINE OF LOT 42 OF c' La z Lr) Lu Ld i�i:z TRACT NO. 718, MB 17-17, FD L&T, "LS 3171 ON cd LOT & CL ;F 0 ESTABLISHED 30.00' PARALLEL 1.03' OFFSET ON PL En co WITH CENTERLINE OF FRAZIER PROD. PER TRACT NO. LLZ< Ll c� cn 0 STREET PER TRACT NO. 41303, MB 985-54-55. 1 7 - - - - - - m (1) b c'd a- ci L' 41303, MB 985-5'�-55. 1 cl z < Ld (n v) a) C) 10 2 0� �-- c' V) LOT10 cn J�f 0 Q0 2,229 S.F. 17 6 0 111 0 1 (3) LL- a- a- < 15- 1 04 '0 L2 co CURVE DATA _0 NO RADIUS DELTA LENGTH NGENT (0 Ln 25.00' 90*00'13 39.27' 25.00' Cl C2 25.00' 14'2 6'31 6.3b' 3.17' C3 25.00' 75'33'42" 32.97P 19.38' V) 00 Lc) Lq LOT 9 cf) Z < 2,233 S.F.., 0 < 0 0 -,J r- C6 u') < Ld 0 LO 00 L2 m i a- 0 w < z C2 wl ui =) < bj Z 0) 'D 0 co w LINE DATA 0 CL 0 ') , I n LOT 8 00 NO I BEARING LENGTH - -0 >- Ld "; -b - z -to zjor- c.6 2,233 S.F. 0 c\l W LLJ :-j Ll N39'06'43"E 57.22' ui 3� Y- CO c6 Of 'LLJ r- > (n 0 w C5 L2 N39 -06'43"E --�&01 Z ED V) n of cf) w L3 N39*06'43"E 58.00' 0 < D4 C) bi < C) L3 bi Z < 2: < L�j 0 CD LL L5 lq-3-9'O '43"E 57.98 V) L- w N L6 N39*06'43"E 5 7.9 7' JL�a_c . 0 L' M C) ui 0 Ln 0 < 0 z: m �-- w C) C6 Ld 0 Ld U) < K) 90-1- z uj Z LOT7 c6 -i V) LL M a 2,233 S.F. -J 0 mi In w L6 < Lu 06 ZJ z < V) z (D bi zz— w -t LL� ry- bi 0 C-) < Z Ln 0 0 0 n L3 L 0 T A: 2,116 SQ. FT. FIRE ACCESS: 4,428 SQ. FT. LOT6 03 2,230 LD S.F. A A 0) (D NOT A PART OF 00 4 ll� L0 pl) r - L4 - ro v 0 THIS SUBDIVISION V I c� LOT _0 U-) L,4 00 Do LOT5 rq 2,2310 S.F. C6 O� L4 RECORD DATA TRACT NO. 718, M8 17-17 LOT 4 00 TRACT NO. 41303, MB 985-54-55 2,233 S.F. TRACT NO, 48 999, MB 11,59-12-13 2 cd < > TRACT NO. 61592, MB 1,511-53-54 ro I PARCEL MAP NO. 1343, PMB 326-31-32 L4 M: MEASURED DISTANCE 0 Lq co LOT3 ro MONUMENT NOTES: 2,232 S.F. Lq 00 CC) FOUND MOUNMENf AS NOTED ro L5 0 LEAD, TACK & TAG "LS 8407", FLUSH, ON 2.00' OFFSET ON PL PRO.D. TO BE SET z LEAD, TACK & TAG LS 8407, ON TOP OF WALL 0 TO BE SET Ln LOT2 'd 2,232 S.F, w LO > C6 -r_ 0 �E L5 0 0 u') 10' z LOT1 00 1 2,229 S.F. 00 0 L6 0 C5 c� LOT A Lj L0.001 3z c; Lo Z Ln 0 m ZZ I IL 5 7.9 7' 0 Ln r, :2 -1 cl . C-) Lo M 0� c) Lo 9 < I - N39*06'30"E 87,97' g .cf) 0 LO Ld ct w 00 SE'LY LINE OF THE LAND DESCRIBED IN DEED - x V) m m r RECORDED JUNE 2, 2017 AS DOCUMENT NO. 0 CD 0 bj to Z Z NOT A PART 0 F 20170612879, O.R., ESTABLISHED PER SAID mn Ld C4 0 DEED. ACCEPTED AS NW'LY LINE OF TRACT V 00 CIT 000) U) - 7z' 7- 0) uj u") NO, 61592, MB 1311 PGS 53-54. unmgv HO). (01ZS2 0 LO -i THIS SUBDIVISION ca >- Ln of 2 L� M 0 L� f -D LO N39*06'37"E 454.94' [454.58'] J454.97'i ROBINE I I E AVENUE A - It v LO ROBINETTE (E) FD S&W, STAMP ILLEGIBLE, FITS FD L&T TIES PER LA CO. AVENUE -777 PWFB 1329 A, ACCEPTED AS CENTERLINE INTERSECTION. I m " 0 El RESOLUTION PC 18-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK APPROVING: (1) A TENTATIVE TRACT MAP TO SUBDIVIDE ONE (1) LOT INTO TEN (10) LOTS TO FACILITATE ATTACHED CONDOMINIUM TOWNHOMES AND ONE (1) COMMON LOT PURSUANT TO TABLE 152.10 OF THE CITY'S MUNICIPAL CODE; (2) A CONDITIONAL USE PERMIT TO ALLOW THE DESIGNATION OF ONE AFFORDABLE UNIT ("MODERATE INCOME") PURSUANT TO SECTION 153.040.140.A OF THE CITY'S MUNICIPAL CODE AND TO REQUEST THREE CONCESSIONS PURSUANT TO SECTION 65915 OF THE CALIFORNIA GOVERNMENT CODE FOR INCREASED BUILDING LENGTH, REDUCED COMMON OPEN SPACE, AND GUEST PARKING; AND (3) A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF TEN (10) ATTACHED CONDOMINIUM TOWNHOME UNITS, WHICH INCLUDES ONE (1) AFFORDABLE DWELLING UNIT (UNIT 4) ON PROPERTY LOCATED WITHIN THE R-3, HIGH DENSITY RESIDENTIAL ZONE, PURSUANT TO SECTION 153.040.140.B OF THE CITY'S MUNICIPAL CODE; (LOCATION: 3234 FRAZIER STREET; APPLICANT: BALDWIN PARK HOMES, LLC; CASE NO.: TM -78214, CP - 867, AND PR 17-41). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: a) Applications ("Applications") for a Tentative Tract Map (TM - 78214), Conditional Use Permit (CP -867) and Development Plan (PR 17- 41) were submitted on behalf of the owner of certain real property, located at 3234 Frazier Street in the City of Baldwin Park, described more particularly in the Applications on file with the City Planner; and b) The Applications are sought to allow the approval of: (1) a tentative tract map to subdivide one (1) lot into ten (10) townhomes condominium units and one (1) common lot; (2) a conditional use permit for an affordable dwelling unit (Unit 4) for a moderate income household; (3) and a Development Plan to allow the construction of the ten (10) attached townhomes within the R-3, High Density Residential, Zone Resolution PC 18-16 June 27, 2018 Page 2 pursuant to Tables 152.10 and 153.040.140.A of the City's Municipal Code;and C) In accordance with the provisions of the California Environmental Quality Act (CEQA), the project is Categorically Exempt pursuant to Section 15332 (Class 32 -in -Fill Development) of the CEQA Guidelines. Therefore, no further analysis is required; and d) That a duly noticed public hearing was held on June 27, 2018 on said Applications 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 Park Municipal Code for the granting of the Applications are present and the Applications should be approved; and e) Each fact set forth in the staff report dated June 27, 2018, from Andre Dupret, Interim Community Development Director, to the Chair and Planning Commissioners ("Staff Report") is true and correct. SECTION 2. The Planning Commission does hereby adopt the following Findings of Fact applicable to Tentative Tract Maps: a) Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services. On May 17, 2018, requests for comments/conditions on the proposed tract map were sent to the outside entities as indicated in Table 4 in the staff report. The following entities responded: Los Angeles County Sanitation District and Los Angeles County Fire Department. Comments and conditions from the responding agencies have been addressed in the findings and are included, as applicable, as conditions of approval of the tentative tract map. Additionally, staff includes a general condition of approval that any and all conditions and requirements from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative tract m ' ap. Accordingly, the proposed project, with the recommended conditions of approval from the various utility companies, would have all necessary utilities. 2. An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. Resolution PC 18-16 June 27, 2018 Paae 3 As shown in the Table 4 in the staff report, the property is serviced by the San Gabriel Valley Water Company. Although they did not respond, it is a requirement by the Public Works Department that each of the parcels have adequate water service, provided by the area water purveyor. As a result, the proposed parcels would be serviced by an adequate domestic water distribution system approved by the Fire Department. As conditioned, the proposed parcels would be serviced by an adequate domestic water distribution system. 3. An adequate sewage system designed and constructed to serve each lot proposed to be created. The Public Works Department has indicated that the existing sewer system is adequate, provided that the Applicant provide a separate and independent connection to the main sewer line for each unit. Therefore, staff has included a condition of approval that the project comply with all conditions of approval of the Public Works Department, which includes a condition that there be separate sewage connections to the proposed parcels. 4. An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. Pursuant to the Public Works Department's comments (Attachment 3), the Applicant will be required to provide off-site improvements relating to storm water drainage dependent upon review and approval of a submitted grading plan for the properties. However, any proposed construction will be subject to the City's Development Impact Fee, Flood Control. Provided that the Applicant meets the conditions of approval and the grading plan is approved, there should be adequate storm water drainage for each lot. 5. An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created. The City's Engineering/Public Works Department has determined that there is an adequate public street system to serve the project and a private street to serve each lot. However, certain conditions of approval are required that relate to the public right-of-way and include construction of sidewalks and driveways that meet ADA requirements. Conditions of approval will also include requiring any ADA compliant wheel chair ramps, and replacement/ reconstruction of any damaged public right-of-way or street improvements during the construction process in accordance with the City's current Resolution PC 18-16 June 27, 2018 Paae 4 standards and pursuant to any requirements of existing street moratoriums. 6. An adequate traffic regulatory system, including necessary traffic signals, signs, pavement markings and stripings. The City's Public Works Department has concluded that the current conditions provide for an adequate traffic regulatory system. However, specific improvements are required to the public right-of- way including ADA compliant wheel chair ramp, new drive approach construction and replacement/reconstruction of any damaged existing improvements as a result of the new construction. 7. The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility Districts) of the Municipal Code. As part of a condition of approval from the Public Work's Department and pursuant to Chapter 97 of the City's Municipal Code all utilities shall be undergrounded to each of the 10 units. This requirement is also addressed as part of the overall plan check requirements for not only review of the final map, but also the proposed construction of any new units. 8. Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created. Staff is of the opinion that provided that the Applicant obtains approval by the Planning Commission on the Tentative Tract Map and meets and or exceeds the conditions of approval the lot(s) would have adequate service and could be subdivided consistent with the City's codes. 9. In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative tract map that need to be met. Pursuant to Section 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. The Planning Division has reviewed the proposed subdivision and has determined that the proposed units/lots each meet the Resolution PC 18-16 June 27, 2018 Paqe 5 minimum development standards contained within the Municipal (Zoning) Code including, minimum unit size, setbacks, and landscaping requirements provided that a conditional use permit is approved and includes the concessions requested by the Applicant in regards to common open space, guest parking, and building length. As a condition of approval, any existing structures located on the property shall be demolished prior to the tract map being finalized. Additionally the tentative tract map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states "accommodate new development that is compatible with and compliments existing conforming land uses". Any future development on the subject properties will be subject to the current density for the respective zoning designation, development standards, design guidelines, and processes at the time of submittal. The Public Works Department, as part of their comments, has included a requirement for the Applicant to submit plans relating to grading and erosion control for review and approval. SECTION 3. The Planning Commission does hereby adopt the following Findings of Fact applicable to all conditional use permits: a) Conditionally permitted. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of the City's Zoning Code as Section 153.040 Part 3 conditionally permits the granting of concessions pursuant to California Government Code § 65915 and an agreement is entered into with the City for the subject affordable dwelling unit. Pursuant to general requirements and development standards, a development plan has been submitted containing the location of the dwelling units within the project that will be sold and the unit intended for affordable housing. The affordable unit has been determined to be reasonably dispersed throughout the project and the average number of bedrooms is consistent with the average number of bedrooms per unit within the project. Furthermore, the affordable housing unit is designed harmoniously with the architectural style of the other market rate units in the project; and b) Zone integrity and character. The use will not impair the integrity and character of the zone in which it is to be located as the development is located within the R-3, High Density Residential, Zone and is complimentary and compatible to the surrounding residential setting and adjacent multi -family residential uses; and Resolution PC 18-16 June 27, 2018 Paae 6 c) Site suitability. The subject site is physically suitable for the type of land use being proposed as the site contains approximately 0.56 gross acres of land area and is being developed with individual driveways and private open space. Approval of the Conditional Use Permit will allow three concessions to waive common open space (per City's definition) and guest parking requirements and increase the allowable building length; and d) Existing compatibility. The development of ten (10) attached condominium townhomes is compatible with the existing land uses surrounding the subject properties as the project provides new residential units in a multiple -family residential area consisting of other high density apartments. e) Future compatibility. The use will be compatible with existing and future land uses within the zone and the general area in which the use is located in that the properties retain a Multiple -Family Residential land use designation as shown in the 2020 General Plan; and f) Utilities and services. To ensure that the development of the multi -family units will not be detrimental to the public health and safety, adequate provisions for water, sewer and public utilities and services are available to the subject property. To ensure adequate provisions, the Applicant shall be required to meet all conditions of approval as stated by all utilities for the project, including, but not limited to, San Gabriel Valley Water District, Southern California Edison, the Gas Company, Los Angeles County Sanitation District, and Waste Management; and g) Public access. Adequate provisions for public access will be available to serve the use as the site has direct access to Frazier Street and Dart Street, both of which are local streets, as designated by the City's General Plan. The site's access to sidewalks, streets and highways are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use provided they are constructed as stated by the City's Public Works Department; and h) General Plan consistency. The use is consistent with the General Plan of the City of Baldwin Park as the General Plan designation of the subject property is Multi -Family Residential, which is compatible and consistent with the proposed use of ten (10) attached condominium townhomes. i) Safety and welfare. The use will not be detrimental to the Resolution PC 18-16 June 27, 2018 Paae 7 public interest, health, safety, convenience or welfare as the residential use is compatible to the surrounding area. The use will operate in substantial conformance to all conditions of approval as identified in the resolution of approval. SECTION 4. The Application, as herein above described below, and the same is hereby approved subject to the following conditions: a) That the subject Property shall be developed and maintained in substantial compliance with Exhibit "A", dated June 27, 2018 except as modified by the following conditions. b) Covenants, conditions, & restrictions (CC&R's) and a Homeowner's Association (HOA) (or equivalent) as approved by the California Department of Real Estate shall be incorporated into the development. CC&R's shall be subject to review and approval by the City Attorney's Office at the expense of the Applicant. c) Language shall be included in the CC&R's that prohibits property owners and/or the HOA from purposely damaging and/or removing trees from private property without the City's (Tree Officer) written approval. d) Language shall be included in the CC&R's that prohibits yard fencing within the required front yard setback or street side yard setback. e) Language shall be included in the CC&R's that prohibit bright flood light fixture placement along the street side elevations of the dwelling units. f) The Homeowner's Association (HOA) or equivalent, or the CC&R's shall be responsible for the following: i. On-going maintenance and upkeep of any trees in accordance with the City's Standards on private property within the front yard between the public right-of-way and the structures; and ii. On-going maintenance and upkeep of any landscaping within the front yard between the public right-of-way and the structures. g) The applicant shall provide at least twenty-two (22) 24" box trees throughout the development. All trees shall be of a drought -tolerant variety. Trees shall not be planted on property lines. Final tree location and landscaping design shall be subject to the City's Water Efficient Landscape Ordinance and shown on the submitted landscaping and irrigation plans for plan check. Landscape and Resolution PC 18-16 June 27, 2018 Paqe 8 Irrigation plans are subject to review and approval by the City's Planning Division. h) For Mature Trees as defined in Ordinance 1356 on the subject properties that are proposed to be removed, the Applicant shall submit a Tree Removal Application to the Tree Department (Planning Division) for consideration. i) Decorative block walls shall be provided around the perimeter of the entire project site. A typical elevation rendering (with materials identified) of the proposed perimeter wall shall be included on the plans submitted for plan check. j) Proposed color of the townhome units shall be earth tone in nature, consistent with Section 153.130.110 of the City's Municipal Code. k) All lighting shall be automatically controlled and shall be architecturally consistent. 1) All market rate units within the proposed project shall be subject to the following development impact fees. However, the Affordable dwelling unit is exempt from a Parkland In -Lieu Fee. i. Public Art ii. Parkland In -Lieu (Quimby) iii. Traffic Congestion iv. Flood Control v. Law Enforcement Impact Fee vi. General Plan/Technology m) Building and Safety will provide a thorough review of plans and all required reports and calculations at the time of building permit application. n) All conditions/comments contained in Attachment 3, entitled 'Conditions of Approval' from the City's Public Works Department shall be met. o) The Final Map shall comply with the time frames as contained within the California Subdivision Map Act. p) Project proposal shall be subject to any and all comments and conditions imposed by the Los Angeles County Fire Department as shown in Attachment 4. q) Applicant shall provide a check in the amount of $75.00 made payable Resolution PC 18-16 June 27, 2018 Page 9 to the Los Angeles County Clerk for the filing of the Notice of Exemption pursuant to the CEQA Guidelines. r) Except for all ongoing conditions of approval, the Applicant shall comply with all conditions of approval within six (6) months of the effective date of this Resolution or CP -867, TM -78214, and PR 17-41 shall become null and void and subject to revocation pending a hearing by the Planning Commission or the City Council on appeal. Any costs associated with the revocation of these entitlements shall be paid by the applicant and/or owner. s) he Applicant shall sign a notarized affidavit within ten (10) days of the date of this resolution stating that the applicant had read and accepts all of the conditions of approval. SECTION 5. 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 27th day of June, 2018. KEVIN ROONEY, CHAIR BALDWIN PARK PLANNING COMMISSION ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, ANDRE DUPRET, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 18-16 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 27th day of June, 2018 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Resolution PC 18-16 June 27, 2018 Paae 10 ANDRE DUPRET BALDWIN PARK PLANNING COMMISSION TO: Honorable Mayor and Members of the City Council ,HU �OF" FROM: Sam Gutierrez, Director of Public Works _T DATE: March 17, 2021 SUBJECT: Authorization to Publish a Request for Proposals (RFP) for VALLEY Citywide Tree Trimming Services SUMMARY This item requests that the City Council authorize the Citywide Tree Trimming Services. The services will and tree maintenance on a scheduled basis citywide. RECOMMENDATION publishing of a Request for Proposals (RFP) for primarily focus on grid trimming, tree inspection, It is Staff's recommendation that the City Council to authorize Staff to publish an RFP for Citywide Tree Trimming Services. FISCAL IMPACT There is no impact to the General Fund. Subsequent to the RFP process, Staff will prepare a report including findings and recommendations for consideration of approval by the City Council. The report will include a fiscal impact analysis and provide recommendations for award of a Professional Tree Maintenance Services Contract. The funding for these services will be from Fund 251, Lighting and Landscape Maintenance District (LLMD). BACKGROUND A well-maintained urban forest contributes to significant social, neighborhood, environmental and economic benefits to the community. Trees play an important role in creating safer, more livable neighborhoods, establishing community image, improving air quality and increasing property values. The City of Baldwin Park is recognized by the Arbor Day Foundation as a Tree City USA with an urban forest of 8,191 trees. The City of Baldwin Park's Maintenance Division within the Department of Public Works is responsible for the maintenance and operations of the City's infrastructure. The Maintenance Division is comprised of Fleet, Street, Street Landscape, Graffiti, Traffic & Lighting, and Park maintenance crews and operations crews. The Street Landscape Maintenance Crew oversees the maintenance of the City's Urban Forest. DISCUSSION The tree maintenance work is primarily performed by contractual services and it is supplemented by Public Works Staff. By enlisting the services of a tree maintenance contractor, Staff is able to prune every street tree in the City on a consistent cycle every three to four years. Working with Staff, the contractor ensures that the proper maintenance, preservation methods and best practices are being applied. These services are essential to the continued health of the City's Urban Forest and the general safety of the public. The City's current contract for tree maintenance services is set to expire on June 30, 2021. In order to ensure that there is no disruption in the continuation of services, staff is requesting authorization from the City Council to publish a Request for Proposals (RFP) for Professional Tree Maintenance Services. The RFP will seek proposals from qualified firms that provide tree trimming services within public right- of -way. Tree maintenance responsibilities will be focused on scheduled grid pruning, tree inspections, and updating the City's tree inventory. Subsequent to the RFP process, Staff will prepare a staff report with findings and recommendations to present to the City Council for approval consideration. The report will include a fiscal impact analysis and make recommendations for award of a Professional Services Agreement (PSA) for tree maintenance services. The funding for the services will be from Fund 251 - Lighting and Landscape Maintenance District (LLMD). ALTERNATIVES 1. The City Council may choose not to authorize the publishing of a Request of Proposal for Citywide Tree Trimming Services. 2. Allow the Department of Public Works to piggy -back on a recently awarded contract to WCA by a separate entity and accept the proposed new rates. 3. Provide Staff with alternative direction. LEGAL REVIEW Not required ATTACHMENTS 1. Citywide Tree Trimming Services Request for Proposals (RFP) I 0 V,XLD �'JeD JAW3 RON NIH 11 The City of Baldwin Park is seeking responses from qualified contractors to provide professional Tree Maintenance Services for the community. Citywide Tree Maintenance pil MIMI T LT, rMwIn City of Baldwin Park, Public Works Department 14403 E. Pacific Avenue, CA 91706 1 1. GENERAL INFORMATION The City of Baldwin Park is soliciting proposals from qualified firms to provide Citywide tree maintenance services for tree pruning, line clearance tree pruning, GPS tree inventory, removal and replacement of trees, as needed, within the City's Urban Forest. The City has approximately 8,191 street and park trees that comprise its Urban Forest. The purpose of this maintenance contract is to provide the City of Baldwin Park with the best possible tree care to maintain the City at a level expected by the City's residents, City Council, City staff, and visitors of the community. The selected contractor will work closely with the Public Works staff to ensure the most appropriate care and maintenance of the City's landscape. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm (see Exhibit "A"). The City reserves the right to further negotiate the terms and conditions of the contract. The City shall retain the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the company submitting the proposal with the lowest costs. There will be no subcontracting allowed. The City Council will approve as part of the annual budget an annual contract amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the City. The Contractor, at the City's direction, shall perform tree pruning, removal & occasional replacement services in accordance with the statement of work as described herein and all applicable American National Standards Institute (ANSI) and Best Management Practices at various sites. The work performed on this contract as directed by City Staff (include: watering, pruning, removal, plant health care, replacement of tree, GPS tree inventory collection and software usage, and Arborist consulting services) is routine, recurring, and usual. The rates included in the Cost Proposal are based on prevailing wage determination "Tree Maintenance Laborer". Additionally, All Contractors will be required to be pre -registered with the Department of Industrial Relations (DIR). All work will require a submission of certified payroll records to the DIR. The proposed contract will be for a period of three (3) years commencing July 1, 2021, with the option, at the City's sole discretion, to award up to two of one year contract extension upon successful demonstration of exemplary contract performance. The City is solely and actively responsible for the selection of tree to be maintained and the designation of the type and timing of the work to be performed. Contractor agrees to indemnify, hold harmless and defend, City, its officials, officers, employees from any and all liability or financial loss, including but not limited to, legal expenses, resulting from any suits, claims, losses or actions brought by any person or persons, by reason of injury and arising solely from any wrongful or person employed by Contractor in the performance of this Agreement. II. PROPOSAL SUBMISSION INSTRUCTIONS Schedule Post RFP: April 12, 2021 Questions due by April 26, 2021 Proposal Due Date: May 3, 2021 Tentative Award Date: May 31, 2021 All proposals must be submitted in a sealed envelope, addressed to the City Clerk office by the deadline: Monday, April 19, 2021 at 3:00 pm. Each sealed envelope containing an original Proposal and three (3) copies and a softcopy in a PDF for format must be plainly marked on the outside as "Do Not Open- Fee Proposal For CITYWIDE TREE MAINTENANCE SERVICES" with Contractor's name, address, and his/her license number. Proposals may be mailed, delivered in person and addressed as follows: City of Baldwin Park c/o City Clerk Division 14403 E. Pacific Avenue Baldwin Park, California 91706 Ill. INQUIRIES or QUESTIONS Contractors must seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing prior to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all contractors. It shall be the contractor's sole responsibility to check with the City staff to determine if any addenda have been posted prior to the proposal due date. RFP Contact: Anthony Vazquez, Public Works Maintenance Manager Email: AVazguez@baidwinpark.com Address: 14403 E. Pacific Avenue, Baldwin Park, CA 91706 IV. SELECTION PROCESS Each proposal will be evaluated based on firm qualifications and the required submittals. Firm selection will be made by utilizing the criteria described in this document. Each firm will be evaluated on their qualification submissions. All firms will be notified as to the results of this evaluation. The evaluation criteria used in the selection process includes, but is not limited to, the following: A. Quality & Completeness of Proposal 1. Relevance & Conciseness of Proposal and Statement of Qualifications 2. Work Statement and Quality Control Plan B. Corporate Capability 1 Qualifications and experience of key personnel 3 2. Quantity and types of equipment 3. The ability of the firm to provide the proper insurance coverage 4. Financial ability of the firm to provide services to the City of Baldwin Park 5. Equipment 6. Requirement to execute City Contract per attached sample 7. Community involvement C. Reference Evaluation 1 . Customer Service Record 2. Performance record of the firm relating to the Project Schedule of similar scale 3. Quantity and Quality of work previously performed 4. References D. Facility Evaluation 1 . The firm's customer service program 2. Equipment maintenance facility 3. The firm's plan to recycle generated green waste from maintenance activities. G. Fee Schedule 1 . An evaluation of the firm's Fee Schedule V. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH PROPOSAL Award will be made to the firm who best meets the City's requirements. All firms submitting proposals must hold a valid State of California C-27, C-61, and D-49 Contractor's License. Licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. The firm shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the contract, which may be delivered to said party or his representatives on the work. Proposals shall include a list of at least three (3) similar and separate Southern California municipal multi-year Tree maintenance contracts which have been successfully completed within the last five (5) years. Each project shall be of comparable size and scope of this project (descriptions of these projects and contact persons must be provided with proposal submission). Proposals shall include a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful contractor shall be required to comply with this quality control throughout the term of the contract. Contractors shall include with the proposal a copy of their current Safety Manual that meets SB 198 requirements for injury and illness prevention. VI. SUBMITTALS Firms wishing to have their proposals considered for this contract shall submit the following, as a minimum: I A. Proposal form provided (See Exhibit "B") B. A statement of firm's qualifications applicable to this contract, including the following: 1 State of California Contractor's License number and expiration date, C-27, C-61,and D-49. 2. Names, qualifications and proposed duties of key personnel to be assigned to this project. The firm shall identify a full-time Site Superintendent/ Manager, who is capable of communicating with any City representative and be authorized to act on behalf of the firm. 3. List of staff qualifications including but not limited to: a. International Society of Arboriculture (ISA) Certified Arborist credential b. All personnel engaged in the actual trimming of CITY trees shall hold, at a minimum, a current ISA Certified Tree Worker Credential C. All other personnel (e.g. ground workers, traffic control staff) shall receive sufficient training so as to be capable of performing their functions in a safe and proficient manner. 4. Technical ability and experience similar in scope to this contract. 5. Statement of past project disqualification(s) and litigation. 6. Quality Control Plan. 7. Customer Service Program. 8. Safety Training Program. 9. Industrial Safety Record. 10. Letters of Reference. C. A description of previous experience, including projects of similar nature and size. D. A detailed description of the proposed services to be performed along with schedules, list of key personnel, and vehicles that would be required to complete this project. E. Affirmative statement of compliance with indemnity and insurance. F. Affirmative statement of willingness to sign City Contract (See Exhibit "A") G. A written description of the firm's plan to report recycling generated and the method for its disposal. H. The firm must submit a proposed Quality and Cost Control Plan to enhance the service and responsiveness to the City. It should include the following: 1 . The methodology in which the firm will handle complaints from the public and damage to public & private property 2. Effective means to correct problems. 3. The means the firm will use for completing the project Corporate and Financial Capability. The contractor shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources to perform the services required by these specifications. No contract will be awarded to any contractor who, as determined by the City, has an I unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary financial resources to provide the services in strict accordance with the specifications. J. The firm must submit a fee schedule, showing the cost of each Tree Maintenance Service as indicated (See Exhibit "C"). VII. INSPECTION OF SITE Prior to submitting a proposal, Contractors must familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Submission of a proposal shall be deemed conclusive evidence that such examination has been made by each Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed Agreement, or any revision thereof. The work to be done consists of furnishing all materials, equipment, transportation, tools, labor, and incidentals to provide Tree Maintenance Services detailed in this contract as outlined throughout this proposal. VIII. SCOPE OF WORK The specific tasks to be performed and completed by Contractor in performing the tree trimming, maintenance, and inspection services are as provided below. Contractor shall complete all services under this Agreement within the terms of this Contract, as described in Section 1. Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City's requirements. Contractor may be required to perform the following tree maintenance activities throughout the City: 1. Tree pruning 2. Tree removal 3. Tree planting 4. Crew rental 5. Emergency response 6. Line clearance pruning 7. Clearance pruning 8. Tree watering 9. Young tree maintenance 10. Palm tree skinning 11. Root pruning 12. Specialty equipment rental 13. Arborist services/ inspection 14. Foliar and pesticide treatments, if necessary 15. GPS tree inventory 16. Online maintenance access* I *online maintenance is defined as internet access to an urban forestry management tool that includes work order tracking, ability to send work requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility. A. Annual Pruning Program Routine tree pruning per pre -designed areas, grids or prune routes on a set cycle to include all trees. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices), the ANSI A300. Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The intent of this contract is to have all trees pruned and inspected a minimum of a three (3) to four (4) year pruning cycle. 1. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements. 2. Contractor shall notify the resident forty-eight (48) hours in advance of pruning. The notice will have to be approved by the Director of Public Works or his designee prior to sending it to residents. 3. Contractor shall provide and post "No Parking" signs forty-eight (48) hours in advance of work. 4. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the Public. Work shall be performed by competent employees and supervised by an experienced supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. 5. Contractor shall exercise precaution as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA). 6. No hooks, gaffs, spurs or climbers will be used for anything other than removals unless preapproved by City Contract Officer. 7. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callus growth. 8. When pruning fungus infected, diseased or fire blighted limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. N 9. Topping shall not be done unless specifically requested by the City. 10. The Specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, 1/2 inch, to the parent stem so that healing can readily start under the normal conditions. All limbs two inch (2") or greater shall be undercut to prevent splitting. The remaining limbs and branches shall be removed unless removal will result in large gaps in the general outline of the tree. 11. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage should be reduced by at least fifteen percent (15%) but no more than thirty percent (30%). 12.Trim to remove dead wood or weak, diseased, insect -infested, broken, low, or crossing limbs. Branches with an extreme narrow angle of attachment should be removed. 13. Small limbs, including suckers and water sprouts, shall be cut close to the trunk or branch from which they arise. 14. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. B. Inspection of Hazardous Conditions All City trees shall receive routine maintenance and periodic inspections at the City's direction. Contractor is to include in its price for services an ISA Certified Arborist to be available to City for further inspections and reporting. Tree problems that are clearly visible by the inspection, but not considered hazardous, will be reported to the City for direction and/ or further evaluation. Also, the crew performing maintenance shall properly notify the City of any tree -related problems that are clearly visible. This may be in written form if not considered hazardous or within 24 hours if deemed hazardous. It is the intent of the City to correct problems prior to reaching crisis levels. C. Tree Inventory At the City's direction, Contractor will provide the City access to a record keeping system consisting of an internet-based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree planting site location. The tree inventory software program shall be an Internet -driven tracking program. The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports and pictures of City tree species. Contractor shall provide inventory report support to the City for the entire term of the contract. Contractor shall provide the City with recommendation for tree maintenance, recommended planting locations, and recommended removals. Attributes to be collected by field personnel may include Address, Street, Facility, Species, Diameter, M Crown, Height, recommended maintenance, overhead utilities and parkway size and type. 1 . GPS Inventory Contractor shall provide the City with Global Positioning System (GPS) coordinates for all trees in public spaces. This includes but is not limited to all publicly owned trees on street right-of-ways, parks, City facilities and open spaces such as medians, greenscapes, etc. The address information contained in inventory may be linked directly to a Geographical Information System (GIS) program, such as ArcView. Using a handheld computer, the inventory collector will identify the trees by their global coordinates of longitude and latitude. By collecting the data using the GPS system, the City can consolidate the tree data with other various GPS coded programs in the City. At the end of the project, the City will receive a complete listing of all sites inventoried as a hard copy (i.e. map) and as part of a software program depending on the cost of such software, which will enable the City to connect to the City's GIS System. A GPS tree inventory shall be created with a new database using the City's standardized addressing system for all parks and open space areas. Contractor may be required to create an ESRI ArcView/ ArcGIS compatible "shape file". This will be dependent on the cost and compatibility of the identified software with the City's current computer system. The new inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.) The Contractor's tree inventory shall be conducted by visiting each tree site or vacant planting site and plot position. The data shall be compatible with the latest version of the City approved software. Minimum accuracy shall be as close as possible to one (1) meter. 2. Experience Contractor represents that it has a minimum five (5) years' experience in collecting tree inventories and developing inventory databases. Contractor further represents that it has developed a complete and comprehensive computer software program in at least five (5) California cities. The program to be developed by Contractor for City shall have specialized reports designed specifically based on needs of the City. The user-friendly program should allow the City to generate a variety of reports quickly. The City reserves the right to request bidders to demonstrate their tree inventory program for a California City. 3. Inventory Contractor will manage the entire inventory project. The project shall include field data collection, data entry, access to the computer software, and training of City employees on the use of the system and future technical maintenance. Attributes to be collected by field personnel may include, but are not limited to: • Tree number • City District/ Grid/ Parks/ Residential Street • Location by Address/ Location by GIS • Species by botanical name & common name • Tree diameter/ Tree Height I • Recommended Maintenance • Parkway size *The inventory data collection or program shall not be subcontracted 4. Technical Support and Maintenance Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery procedures as may be requested by the City. Contractor shall provide complete support rapidly with experience staff available to the City during hours of 7:00 A.M. to 5:00 P.M. Monday through Thursday. Contractor shall be readily available by telephone, e-mail or may respond to the City's location within a timely manner. D. Tree Pruning Specifications 1 . Work Quality All tree pruning shall comply with good arboreal practice or the particular species of trees and shall be consistent with the pruning standards and best management practices as adopted by the International Society of Arboriculture. The Contractor shall also meet the requirements of the American National Standards, Z133-1- 2006, entitled "Safety Requirements for Arboriculture operation," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. The City's representative shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The contractor shall be deemed in contract default, if they consistently fail to comply with the aforementioned standards. 2. Standards Tree pruning operations shall commence no earlier than 7:00 a.m. and shall be completed each day no later than 5:00 p.m. Limbs one -inch (1") in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (V) to two feet (2') from the crotch. The undercut should be at least one-third (1/3) of the diameter. Make the second cut one -inch to three inches (3") further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall be made so large that they prevent sap flow. All cut branches three and one-half (3 1/2") or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City's Contracting Officer. All debris resulting from tree pruning operations shall be removed from the work site on a daily basis. Tool Sanitation — On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution should be mixed daily. 10 3. Pruning for Traffic Clearances Tree pruning for traffic clearances shall provide clearances of at least fourteen feet (14') and no greater than sixteen feet (16') above the finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under "Pruning to Raise". Clearance trims are performed on a grid system or on a street - by -street basis. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the City's Contracting officer and conform to the following: a. The minimum clearance under the trees within the street right-of-way shall be fourteen feet (14') over the traveled road, and nine feet (9') over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balance appearance when viewed from across the street immediately opposite the tree. b. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership. c. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed. 4. Pruning Palm Trees Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters and other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by the City's Representative or City's Contract Officer, and in accordance to the following: a. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the City's Director of Public Works or their designee. The contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning palm trees. b. Palm skinning (additional service & cost) — Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six inches (24" — 26") from the base of the green fronds at the top of the tree. The fronds stubs (cut close to trunk) can be left in place within a span of at least eighteen inches (18") but no greater than thirty-six inches (36"). 5. Service Request Tree Pruning Trees that need service prior to their scheduled trim cycle or requiring more than a grid trim, shall be trimmed according to the following timeline. The City shall submit a list of work orders to the Contractor. The service requests on that list shall be completed within two (2) weeks of the day work order was sent. 11 The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fourteen feet (14') over the roadway and nine feet (9') over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and street lights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. The techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, 1/2 inch to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs ad branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs when necessary to distribute the foliage evenly. 6. Tree Removals Contractor is responsible for calling Underground Service Alert (USA) when directed by the City to perform tree removal. Crew removes tree and hauls away all debris. Crew grinds stumps to a depth of eighteen inches (18"). All holes will be backfilled; as well as all debris cleaned up and hauled away. Removals shall be conducted in accordance with the standards of the arboricultural profession. All wood from removed trees is the property of the Contractor unless otherwise specified by the City's representative. No wood shall be left along the public right- of-way. The City is responsible for marking trees that they are easily identifiable by Underground Service Alert (USA) and the Contractor. The Contractor shall be required to call Underground Alert at least two (2) days before stumps are to be ground out. All tree stumps must be removed to at least eighteen inches (18") below the lowest soil level adjacent to the stump or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and half feet (1 1/2') either side of the outer circumference of the stump, or until surface roots are no longer encountered. Stumps should be cut low enough to the ground where routing can be done safely. This maybe be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two inches (2") above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition. 7. Tree Planting Planting includes the tree, stakes, ties and complete installation and watering for ninety (90) calendar days. Planting lists should be compiled by the Director of Public Works or their designee and submitted as needed. Contractor will guarantee the quality of the tree stock and workmanship. 12 a. Contractor shall be provided all equipment, labor and materials necessary for the planting of trees throughout the City in accordance with the specifications herein. b. The City shall be responsible for marking locations and the Contractor will notify Underground Service Alert (USA) prior to planting. c. Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit, Contractor shall examine root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut off the canopy making sure that the branch collar is not damaged. d. Tree shall be placed in the planting pit with its original growing level (the trunk flare) at the same height of its surrounding finish grade. IN grass -covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be three inches (Y) below the level of the finished surface of the concrete. e. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it's put into the hole. f. Trees that are planted in parkways shall have a 4"-6" high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice. g. All trees shall be staked with two lodge poles and two per pole. Minimum size of lodge poles shall be ten feet (10') long, with a one and a half inch (1 1/2") diameter. Tree ties shall be placed at one-third (1/3) and two-thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty inches (24"-30") below grade. h. Trunk protectors such as Arbor -Guards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that re -directs root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve inches (12") in depth and at a length determined by the city and placed in a circular fashion surrounding the tree's root system. Root barriers are an additional service and cost. j. Clean up all trash and any soil or dirt on any paved surface at the end of each working day. 13 k. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI Z60.1-1996 Standards. Trees shall be free from pests, disease and structural defects. 8. Crew Rental The Standard crew is three person, one chipper truck, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regular scheduled grid trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate. 9. Emergency Response The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City Authorized Representative. Emergency work shall begin within two (2) hours of the initial telephone call. Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least five (5) contact individuals upon award of Contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days. Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools, equipment, disposal fees and necessary materials. 10. Line Clearance Pruning During the course of this contract, the Contractor maybe required to perform utility line clearance in conjunction with routine or non -routine pruning acitvities. The Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The Manager overseeing the project should be a Certified Utility Specialist and the persons completing the work should be Line Clearance Tree Workers. The competency of Contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees in or around primary electrical lines shall be trained to do so in accordance to the "Electrical Safety Orders" of the State of California. 14 11. Tree Watering The City may require tree watering services. Watering is performed by a one person crew with a water truck or truck with minimum five -hundred (500) gallon trailer, who will water various routes that include locations of trees that are three (3) years or younger. 12. Small Tree Care The City requires an active approach to the care of its young and newly planted trees. The Contractor shall be required to perform basic maintenance that will include but not limited to tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re -staking when necessary. 13.Arborist Services On occasion, the City requires tree evaluations including written reports. Contractor shall provide an hourly rate for an Arborist that can respond to the City's request(s) for the preparation of detailed arborist reports, tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. E. Traffic Control Contractor shall conform to all City traffic safety requirements and operating rules at all times while this contract is in effect. The Contractor shall employ staff certified as Traffic Control Design Specialist and Traffic Control Technicians in accordance with the American Traffic Safety Services Association (ATSSA) and in accordance with the California MUTCD latest edition. Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. They City, prior to use, must approve all traffic safety equipment for use. Illuminated arrow boards, sign stands, delineators and/ or cones shall be used to identify work site for vehicular and pedestrian safety. F. Public Noticing of Tree Pruning Operations Contractor shall be required to notify residents and/ or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed. Notices must be approved by the Director of Public Works or their designee prior to distribution. City approved "No Parking" signs shall be posted on individual trees scheduled for pruning forty-eight (48) hours prior to work being performed. Contractor will also need to notify the Baldwin Park Police Department Parking Enforcement Division by email in order to have temporary "no Parking" restriction enforced. G. Clean Up Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of twigs. Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. 15 Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned. The City's Authorized Representative shall be the sole judge as to the adequacy of the cleanup. H. Disposal of Debris All tree debris produced as a result of the Contractor's operations under this contract will be reduced, reused, recycled, and/or transformed. The City will receive information, detailing the amount of debris recycled. This information will be used for compliance with Assembly Bill 939. 1. Green waste Recycling Report: Green waste that is transported to an off-site facility for grinding into mulch shall be documented and available to the City on a monthly basis. 2. Wood Chips: Chips generated from pruning operations within the City may first be dumped at a City designated site. 1. Minor Modifications And/ Or Additional Work The City may modify these specifications with the joint approval of the Contractor and the City's Director of Public Works/ City Engineer or their Designee. All modifications shall be in writing. 1. In the event that the City should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price. 2. Additional work may be added to the contract work as the need arises. The Contractor shall perform all specified and approved additional work at unit prices submitted with this bid proposal. 3. The Contractor shall provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner. 4. The Contractor must have the ability to receive and respond to emergency situations and must respond to emergency call outs within two (2) hours of receipt of the call. J. Working Hours 1. Normal working hours shall be an eight-hour day Monday through Friday between hours of 7:00 am and 5:00 pm 2. Care shall be made as to not make excessive noise adjacent to residences before 8:00 a.m. 1111111A. K. Ownership of Documents 1 . All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of the Citywide Tree Maintenance Services Agreement shall be the property of City and shall be delivered to City upon request of the City Representative or upon termination of the Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for their own use. 17 Exhibit "A" m AGREEMENT FOR SERVICES (Template) This Agreement is entered into this day of City of Baldwin Park ("CITY") and RECITALS by and between the ERVICE PROVIDER"). A. CITY has determined that it requires the following professional services from a SERVICE PROVIDER: B. SERVICE PROVIDER represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. SERVICE PROVIDER further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and SERVICE PROVIDER agree as follows: 1. DEFINITIONS A. "Scope of Services": Such professional services as are set forth in Exhibit A attached hereto and incorporated herein by this reference. B. "Approved Fee Schedule": Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. C. "Commencement Date": D. "Expiration Date": 2. SERVICE PROVIDER'S SERVICES A. Scope of Services. Subject to the terms and conditions set forth in this Agreement, SERVICE PROVIDER shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. SERVICE PROVIDER shall commence the services on the Commencement Date and shall perform all services in conformance with the project timeline set forth in Exhibit C attached hereto and incorporated herein by this reference. C. Standard of Performance. SERVICE PROVIDER shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. SERVICE PROVIDER shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 19 3. REPRESENTATIVES A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be the City Director of Public Works, (hereinafter the "City Representative"). It shall be SERVICE PROVIDER's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and SERVICE PROVIDER shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. SERVICE PROVIDER Representative. For the purposes of this Agreement, _ is hereby designated as the principal and representative of SERVICE PROVIDER authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal"). The Responsible Principal may not be changed by SERVICE PROVIDER without the prior written approval of CITY. 4. SERVICE PROVIDER'S PERSONNEL A. SERVICE PROVIDER represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by SERVICE PROVIDER or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. B. SERVICE PROVIDER shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. C. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by SERVICE PROVIDER to perform services pursuant to this Agreement, SERVICE PROVIDER shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. D. SERVICE PROVIDER shall be responsible for payment of all employees' and subSERVICE PROVIDERs' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. E. Permits and Licenses. SERVICE PROVIDER shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license. 20 5. FACILITIES AND EQUIPMENT Except as otherwise authorized by CITY in writing, SERVICE PROVIDER shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 6. TERM OF AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein. 7. COMPENSATION A. CITY agrees to compensate SERVICE PROVIDER for the services provided under this Agreement, and SERVICE PROVIDER agrees to accept in full satisfaction for such services, a sum not to exceed 6 ) payable as earned during the Project in accordance with Exhibit B. The compensation payable hereunder includes all professional services. Payments shall be made in accordance with Section 8 herein. CITY shall not withhold applicable federal or state payroll or any other required taxes, or other authorized deductions from each payment made to SERVICE PROVIDER. No claims for compensation in excess of the not - to -exceed amount for the Project as shown in Exhibit B will be allowed unless such additional compensation is authorized by CITY in writing. All requests for compensation in excess of the not -to -exceed amount must be submitted to and approved by the City Representative. B. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement. C. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope set forth in Exhibit A will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services. Additional services, if any are authorized, shall be compensated on a time and materials basis using SERVICE PROVIDER's Approved Fee Schedule (Exhibit B). Fees for such additional services shall be paid within thirty (30) days of the date SERVICE PROVIDER issues an invoice to CITY for such services. 8. METHOD OF PAYMENT SERVICE PROVIDER shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back- up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify SERVICE PROVIDER in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. 21 All reports, documents or other written material ("written products") developed by SERVICE PROVIDER in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. SERVICE PROVIDER may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by SERVICE PROVIDER. 111� I WAITA 010 9 01104 130 W3 0104 1 OWN Travel required by SERVICE PROVIDER or any subSERVICE PROVIDER or subcontractor pursuant to this Agreement shall not be a reimbursable expense. 11. INDEPENDENT CONTRACTOR SERVICE PROVIDER will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute SERVICE PROVIDER as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and SERVICE PROVIDER. I�WIJLII W 103 OWN 0 K111 0 1 All data, documents, discussion, or other information developed or received by SERVICE PROVIDER or provided for performance of this Agreement are deemed confidential and shall not be disclosed by SERVICE PROVIDER without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITY upon the termination of this Agreement. SERVICE PROVIDER's covenant under this Section shall survive the termination of this Agreement. 13. CONFLICTS OF INTEREST SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with SERVICE PROVIDER in connection with this project. SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. SERVICE PROVIDER agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that SERVICE PROVIDER executes in connection with the performance of this Agreement. 14. INDEMNIFICATION A. To the full extent permitted by law, SERVICE PROVIDER shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf 22 of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. The parties understand and agree that the duty of SERVICE PROVIDER to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. SERVICE PROVIDER's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. SERVICE PROVIDER expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. C. SERVICE PROVIDER agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. In the event SERVICE PROVIDER fails to obtain such indemnity obligations for the benefit of CITY, SERVICE PROVIDER agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against SERVICE PROVIDER because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. SERVICE PROVIDER agrees that SERVICE PROVIDER's covenant under this Section shall survive the termination of this Agreement. E. SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall fully comply with the workers' compensation laws regarding SERVICE PROVIDER and SERVICE PROVIDER's employees. SERVICE PROVIDER further agrees to indemnify and hold CITY harmless from any failure of SERVICE PROVIDER to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. - L� I L, F-%3 U 111,1101 Eli A. SERVICE PROVIDER shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($ 1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 23 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($ 1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4. Professional Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. B. SERVICE PROVIDER shall require each of its sub -SERVICE PROVIDERs or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. SERVICE PROVIDER agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at SERVICE PROVIDER'S expense, the premium thereon. E. Prior to commencement of work under this Agreement, SERVICE PROVIDER shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. SERVICE PROVIDER shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. SERVICE PROVIDER agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. H. The insurance provided by SERVICE PROVIDER shall be primary to any other coverage available to CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of SERVICE PROVIDER's insurance and shall not contribute with it. 1. All insurance coverage provided pursuant to this Agreement shall not prohibit SERVICE PROVIDER, and SERVICE PROVIDER's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. SERVICE PROVIDER hereby waives all rights of subrogation against CITY. 24 J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, SERVICE PROVIDER shall either reduce or eliminate the deductibles or self- insured retentions with respect to CITY, or SERVICE PROVIDER shall procure a bond guaranteeing payment of losses and expenses. K. If SERVICE PROVIDER is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by SERVICE PROVIDER shall not be construed as a limitation of SERVICE PROVIDER's liability or as full performance of SERVICE PROVIDER's duties to indemnify, hold harmless and defend under Section 14 of this Agreement. I a UKI W01113 9 01 Ity.174 0 11101 A. CITY shall provide SERVICE PROVIDER with all pertinent data, documents and other requested information as is reasonably available for the proper performance of SERVICE PROVIDER's services. B. In the event any claim or action is brought against CITY relating to SERVICE PROVIDER's performance in connection with this Agreement, SERVICE PROVIDER shall render any reasonable assistance that CITY may require. 17. RECORDS AND INSPECTIONS SERVICE PROVIDER shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 18. TERMINATION OF AGREEMENT A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days'written notice to SERVICE PROVIDER. SERVICE PROVIDER shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. SERVICE PROVIDER agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by SERVICE PROVIDER, SERVICE PROVIDER shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall SERVICE PROVIDER be entitled to receive more than the amount that would be paid to SERVICE PROVIDER for the full performance of the services required by this Agreement. 19. FORCE MAJEURE SERVICE PROVIDER shall not be liable for any failure to perform if SERVICE PROVIDER presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of SERVICE PROVIDER. 25 20. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during SERVICE PROVIDER's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: Attn: Sam Gutierrez Director of Public Works City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 813-5251 e-mail: sgutierrez(j.�baldwinpark.com With a courtesy copy to: Robert N. Tafoya, City Attorney Tafoya & Garcia LLP 316 West 2 nd Street, Suite 1000 Los Angeles, CA 90012 Telephone: (213) 617-0600 Attn: 21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY in the performance of this Agreement, SERVICE PROVIDER shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. SERVICE PROVIDER will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 22. PROHIBITION AGAINST ASSIGNMENT SERVICE PROVIDER shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than SERVICE PROVIDER. 23. ATTORNEY'S FEES In the event that CITY or SERVICE PROVIDER commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. MCA. 24. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and SERVICE PROVIDER with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and SERVICE PROVIDER. 25. GOVERNING LAW; JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 26. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 27. CAPTIONS The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. 28. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. 27 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK SERVICE PROVIDER: Emmanuel J. Estrada By: Mayor ATTEST: City Clerk M ME name and title name and title Exhibit "B" 29 PROPOSALFORM CITYWIDE TREE MAINTENANCE SERVICES The undersigned as proposer declares that he has carefully examined each location of the proposed work, that he has examined the Specifications and read the accompanying instructions to proposers, and hereby proposes and agrees, if the proposal is accepted, to furnish all labor and equipment and do all work required by Specifications and Agreement. Name of Company: Address: Phone/fax: Contact Person: Years in business: The undersigned proposer further understands that the City of Baldwin Park, California reserves the right to award all or any part of this bid without any obligation to the City. The City also reserves the right to waive any informality in proposals. Name of Contractor in Print Signature of Contractor Date: Contract pricing for years one (1) through three (3) must be firm fixed pricing. Pricing for subsequent contract renewals will be limited to the Consumer Price Index (CPI) for any such proposed price adjustment and shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angeles -Riverside -Orange County, California, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (March -March comparison). The Contractor shall submit its request in writing, to be received by the City in person or via certified mail a minimum of 60 days prior to the proposed adjustment date. 30 Exhibit gicyy 31 CITY OF BALDWIN PARK SCHEDULE OF COMPENSATION EXHIBIT "C" I Name of Firm: # DESCRIPTION OF SERVICES UNIT UNIT PRICE 1 Street Tree Pruning Each $ 2 Palm Tree Pruning Each $ 3 Services Request Pruning (0-6" dbh) Each $ 4 Services Request Pruning (7-18" dbh) Each $ 5 Services Request Pruning (19-24" dbh) Each $ 6 Services Request Pruning (over 25" dbh) Each $ 7 Pruning for Crown Restoration (Ficus, Pine, Elm trees) Each $ 8 Palm Tree Skinning/ Cleaning Linear Foot $ 9 Tree and Stump Removal Inch $ 10 Tree Only Removal Inch $ 11 Stump Only Removal Inch $ 12 Tree Plant 15 gal w/o RB — no watering Each $ 13 Tree Plant 15 gal with RB — no watering Each $ 14 Tree Plant 24" Box w/o RB — no watering Each $ 15 Tree Plant 24" Box with RB — no watering Each $ 16 Tree Plant 15 gal w/o RB and 90 -day watering Each $ 17 Tree Plant 15 gal with RB and 90 -day watering Each $ 18 Tree Plant 24" Box w/o RB and 90 -day watering Each $ 19 Tree Plant 24" Box with RB and 90 -day watering Each $ 20 Crew Rental - 3 man crew Crew Hour $ 21 Crew Rental - 2 man crew Crew Hour $ 22 Crew Rental - 1 man crew Man Hour $ 23 Watering Services Day $ 24 Emergency call -out (Evening, Weekend, Holiday) Man Hour $ 25 S ialty Equipment Rental eci Hour $ 26 Arborist Services Hour $ 32 ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: April 7, 2021 SUBJECT: Approve Request for Service (RFS) Proposal for Construction Services from On -Call Consultant, Infrastructure Engineers, Inc. (IE) for Construction Management and Inspection Services for City Project Nos. CIP 20-24, 20-128, and 20-160, Collectively Known as the Baldwin Park Downtown Beautification Project Including First Mile Last Mile Connections to the Baldwin Park Transit Center Project SUMMARY This item will approve engineering service proposals for construction management and inspection Services by the City's on-call consultant Infrastructure Engineers, Inc. The requested Construction Management and Inspection Services are for the Downtown Beautification Project Including First Mile Last Mile Connections to the Baldwin Park Transit Center Project. RECOMMENDATION It is Staff's recommendation that the City Council authorize the Director of Public Works to approve the RFS proposal from Infrastructure Engineers (IE) in the amount of $81,161 for the Construction Management and Inspection Services for the City Project Nos. CIP 20-24, 20-128, and 20-160, Collectively Known as the Baldwin Park Downtown Beautification Project Including First Mile Last Mile Connections to the Baldwin Park Transit Center project. FISCAL IMPACT There is no impact to the General Fund. The projects are listed in the FY 2020-21 CIP Budget approved by City Council on July 15, 2020. The City Council approved the Award of Contract for Construction on September 2, 2020. The costs for services are approximately 3% of the construction estimate and would be absorbed by the approved budget. The following table lists the funds available for the project: Approved Funds Amount CIP 20-24 Prop C — Fund #245-50-520-58100-14120 $275,000.00 LLMD — Acct #251-50-520-58100-14120 $155,816.80 Measure R — Acct # 254-50-520-58100-14120 $280,485.00 SB 1 — Acct # 256-50-520-58100-14120 $550,000.00 CIP 20-128 S131 — Acct # 256-50-520-58100-15076 $310,452.00 CIP 20-160 Prop C — Acct # 245-50-520-58100-15094 $165,925.00 Measure M — Acct # 255-50-520-58100-15094 $166,000.00 Grant Fund — Acct # 270-50-520-58100-15094 $978,726.00 Total Funding $2,882,404.80 Estimated Construction Costs (Revised) Amount Construction Contract $2,705,373.80 Construction Administration and Contingency (6.5%) $177,031.00 Total Construction Budget $2,882,404.80 BACKGROUND On February 18, 2018 the City Council approved a General On -Call Professional Service Agreement (PSA) with Infrastructure Engineers for Engineering Design, Plan Check, Construction Management, Inspection and Related Services. Initially, the Public Works Director had authorization to approve RFS proposals up to a limit of $120,000 per RFS. However, at their January 20, 2021 regular meeting, the City Council provided Staff with direction to bring all RFS proposals exceeding the City's purchasing policy limits for Council consideration. Approval of this item will authorize the Public Works Directed to execute a RFS proposal for construction services by the City's on-call consultant Infrastructure Engineers, Inc. The requested services are for the Baldwin Park Downtown Beautification Project Including First Mile Last Mile Connections to the Baldwin Park Transit Center project. DISCUSSION The project consists of pedestrian and bicycle safety improvements within the downtown specific area connecting to the Baldwin Park Transit Center. This includes the installation of 30 new decorative streetlight poles with pedestrian -level LED lighting fixtures, new decorative traffic signal infrastructure with LED safety lighting along Ramona Boulevard at Cesar Chaves Drive, Maine Avenue and Bogart Avenue. The Project will also include the installation of highly visible decorative crosswalks, new ADA compliant access ramp upgrades, installation of street site furniture such as benches, trash receptacles and bicycle racks, City entrance monument signs, and wayfinding signs at various locations. If the item is approved, Staff will provide the consultant with a Notice to Proceed (NTP) to commence providing the services. It is expected that the construction will be completed within 90 working days. ALTERNATIVES 1. The City Council may choose not to approve the RFS proposal from IE and task staff to circulate a Request for Proposals (RFP). This action is not recommended as the RFP process may delay the work and impact the project delivery schedule. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject Downtown Beautification project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the installation of 30 new decorative streetlight poles with pedestrian -level LED lighting fixtures, new decorative traffic signal infrastructure, installation of street site furniture such as benches, trash receptacles and bicycle racks, City entrance monument signs, and wayfinding signs at various locations. The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW Not required. ATTACHMENTS 1. RFS Proposal for the CM/Inspection for the Downtown Beautification Project INFRASTRUCTURE REQUEST FOR SERVICES ENGINEERS City of Baldwin Park TO: Sam Gutierrez, Director of Public Works DATE: March 30, 2021 FROM: Farzad Dorrani, MS, Chief Operating Officer SUBJECT: Downtown Beautification Project - Construction Management and Inspection Services Acct. No.: Type of Project: HPublic Works FICommunity Development ElTraffic El Park and Rec. Description of Request: The scope of service will include providing construction management and inspection for the above project. Task 1 - Construction Management and Inspection will be iper attachment "A" for the rublic improvements for the City project CIP 20-24, 20-128 and 20-160, collectively known as the Baldwin Park Downtown Beautification including the First Mile Lost Mile connections to the Baldwin Park Transit Center project. Infrastructure Engineers' fee for above services is $81,161 based on the City's reguested percentages of the construction cost of $2,705,373.80 (as shown in the attachment "A") provided by the City and as indicated below: 1. Construction Management & Inspection (3%) $81,161 This RFS is for the above tasks onlv and does not include anv other tasks related to the Droiect which is not listed herewith including material testing and additional days after the 90 working days indicated in attachment "A" by the City. A separate RFS shall be prepared for any additional tasks or additional construction manaaement and insoection hours needed. for Citv's Mr-OT-olom To be completed by Infrastructure Engineers: Project Number: Projected Date of Completion Project Manager: Estimated Cost of Services: Ninety (90) Construction Working Days Miguel Hernandez Farzad Dorrani, MS, Chief Operating Officer APPROVED TO PROCEED: Sam Gutierrez, Director of Public Works 3/30/21 Date Date N:\IO_Business Deve1oprnent\RFSs\BaJdwin Park\2021 RFS\BP-2021-RFS004-Downtown Beautification Project CM & Inspection-03-30-2i.doc Page I of 2 REQUEST FOR SERVICES Attachment "A" 44*INFRASTRUCTURE 1 ENGINEERS N:\IO_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS004-Downtown Beautification Project CM & Inspection-03-30-2i.doc Page 2 of 2 March 29, 2021 SUBJECT: REQUEST FOR SERVICES- FOR CONSTRUCTION CM/ INSPECTION SERIVES FOR THE CITY PROJECT CIP 20-24Y 20-128 and 20-160, COLLECTIVELY KNOWN AS THE BALDWIN PARK DOWNTOWN BEAUTIFICATION INCLUDING THE FIRST MILE LAST MILE CONNECTIONS TO THE BALDWIN PARK TRANSIT CENTER PROJECT Background Downtown Beautification Project: As part of the Downtown Beautification Project, it is planned to replace existing streetlight and traffic signal infrastructure with new decorative infrastructure per the Downtown Beautification Guidelines (Attached) to identity and create visual points of interest that highlight and activate the Baldwin Park community. The aesthetic features of the new infrastructure will also serve as a catalyst to stimulate existing commercial centers within the Baldwin Park Downtown. The goal is to be recognized as a community of a well- planned and aesthetically pleasing physical characteristics that act as the cornerstone for developing streetscape beautification guidelines and branding to the City. The Downtown Beautification Project will construct streetscape enhancements designed to tie-in with the new infrastructure including but not limited to decorative pavement in the parkway and crosswalks, entry monument signs in the center medians and installation of a Public Art centerpiece on Ramona Boulevard. Construction Management/Inspection cost: Percentaae of the total construction cost i)er current aareement: Cost I CM Fet fNot to Le ss than, $4 I OHM, I The request hours for this task order is for hybrid CM/inspection services comprised of 6 hours per day for a period of 90 working days. This will include approximately 4 hours for inspection and 2 hours for CM. The total construction cost: $2,705,373.80 Page 2 RFS- Rev 1 Overall Project Objectives and Deliverables Construction Administration, Inspection and Testing Services CONSULTANT shall identify tasks for construction administration and inspection services and shall take into consideration the following items: 1. Coordinate and conduct meetings, including notifications to the contractor, utility agencies, street sweeping service and trash collection service. Prepare the meeting agenda and minutes. 2. Provide inspection/CM services for the projects on a daily basis comprised of 6 hours per day for 90 working days overseeing mobilization, demobilization, traffic control installation and public notification process. Provide daily quality control and inspection services during construction. I Provide landscape architecture inspection services during construction, plant establishment period and maintenance period. 4. Address any public complaints or concerns received. 5. Review and make recommendations for approval of submittals and approve said submittals. 6. Coordinate with the design team regarding any design concerns and changes. 7. Review and address contractor's RFI's. 8. Review contractor certified payrolls. 9. Assist in the preparation of contract change orders. Negotiate change orders with contractor. Keep track of change orders and overall costs and approved budget of the project including contingency. 10. Prepare daily inspection logs which include the names of all construction workers on the project site, total hours worked on a daily basis for each employee, and the identification of each piece of equipment on the project site for each working day. Daily reports shall be submitted on a weekly basis and include progress and photo documentation by stages. All photos shall be submitted in digital format. All reports and picture must be saved in a shared drive created by the City. 11. Prepare punch list and conduct final job walk. Prepare recommendation to City staff for acceptance of the construction project. Page 3 RFS- Rev 1 12. Re-establish Centerline Monuments and prepare Corner Records (this task will be the responsibility of the contractor, however the CM Consultant will be responsible for reviewing the submittal prior to County recordation). 13. Verify construction staking to reflect the design shown on the plans. 14. Ensure that staking is done per contract specifications and at critical points (BC's, EC's, angle points and grade breaks) along centerlines as needed. 15. Inspect and approve layout of the critical tie-in points and for the limits of removal of existing asphalt and PCC improvements. 16. Review and approve as -built record plans and submit to the City at the end of the project. Submit a final report to the City. 17. Coordinate with the appropriate utility agencies, LA County and cities to ensure that all areas of potential conflicts are diligently addressed early in the construction phase and work with City staff to obtain any and all necessary permits from the appropriate third- party utilities and/or public agencies where required. 18.Conduct meetings with Valley County Water District (VCWD) to address the relocations of the existing lines and coordinate with VCWD for requirements with the use of pre- approved contractors during construction. 19.Any additional related construction management and inspection services as specified as part of the on-call engineering professional services agreement approved February 7, 2018. ITEM NO. 8 STAFF REPORT TO: Honorable Mayor and City Councilmembers HU�OF ',1111 ...... ... FROM: Rose Tam, Finance Director SAN . . . ... �,G 'BR!"EL, VAL1EY`,,,, DATE: April 7, 2021 D JAW3 SUBJECT: The Comprehensive Annual Financial Report For Fiscal Year 2019-20 ��, , I � . �M- A The purpose of this report is to present the City's Comprehensive Annual Financial Report (CAFR) and other reports attached for fiscal year ended June 30, 2020. The City has implemented the recommendations from the City's independent auditor and State Controller's Office. The City has also updated its accounting policy and procedures accordingly to strengthen its internal control. There were no findings in this year's audit. We will continue to monitor the financial operation closely and update the policy and procedures as needed. FISCAL IMPACT There is no fiscal impact to receive and file these reports. The City's General Fund's fund balance increased by $253,000 (CAFR page 80) and reserve fund balance increased by $322,000 from prior fiscal year (CAFR page 13). The City maintains a solid financial position during the pandernic outbreaks by controlling spending. RECOMMENDATION It is recommended that the City Council receive and file the City of Baldwin Park's CAFR for fiscal year ended June 30, 2020. BACKGROUND Annually, the Finance Department prepares and publishes the City's CAFR following the completion of an independent and certified audit. The independent certified audit firm is Vasquez & Company LLP. The CAFR is an extensive report summarizing the financial activities of the City that occurred from July 1, 2019 through June 30, 2020. The CAFR is prepared in compliance with Governmental Accounting Standards Board (GASB) standards. Pursuant to GASB guidelines, the City's CAFR is divided into three sections: Introductory, Financial and Statistical. The Introductory section contains a Letter of Transmittal. This letter includes a brief overview of the City, economic outlook, operational controls, and major initiatives. It also includes the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for the fiscal year ended June 30, 2019. The GFOA's Certificate is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment. The City has consistently received this award over the past decade. The CAFR for the fiscal year ended June 30, 2020 was submitted to GFOA with the expectation of receiving this award again. The Financial section contains the independent auditor's report, Management's Discussion & Analysis (MD&A), and the basic financial statements. The Firm of Vasquez & Company has issued an unmodified ("clean") opinion on the financial statements for the fiscal year ended June 30, 2020. This means that their examination, testing and audit procedures allowed them to conclude that the financial statements present fairly, in all material respects, the financial position of the City. This is the best opinion that the City can receive from its auditors. The MD&A provides a narrative of how the financial report is presented and key highlights of some of the changes in financial position. The MD&A also provides tables showing comparative information from fiscal year ended June 30, 2019 to June 30, 2020. The final section of the CAFR is the Statistical Section. This section presents data useful in analyzing the City's financial and operational history for comparative purposes. Some of the statistics tracked include financial trends, revenue capacity and debt capacity which are useful for evaluating the City's financial stability. Article XIII -B of the California Constitution places limits on the amount of revenue that can be spent by the State and each local government entity. It is the responsibility of the City to calculate the annual appropriations limit. The City's auditors are required to review and approve the appropriations calculation as part of their audit to the City. The auditor found no exceptions to the City's calculation of the appropriations limit. The Independent Accountants' Report on Agreed -Upon Procedures Applies to Appropriations Limit Worksheet is included as Attachment 2. LEGAL REVIEW Not required ALTERNATIVES None ATTACHMENTS 1. Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2020 (Posted on the City's Website under Finance. Report will be also available for viewing upon request at the City Clerk's office) 2. Report on Agreed -Upon Procedures of the City's GANN Appropriation Limit Note: Fiscal year financial highlights will be included in auditor's PowerPoint Presentation. City of Baldwin Park Independent Accountant's Report on Agreed-upon Procedures AoDfied to A orooriati ns Limit Wor s eet.Vo. 6 Year Ended June 30, 2020 A � , �,, "", � , � i, � , z , , ,,, , , I p , , " " R M US Alliance 11 "1 ME I I 1 01 1 EN I M MAN VasQuez RSM WX &Company LLP Pnbk Am)un'@nts and, City of Baldwin Park Independent Accountant's Report on Agreed-upon Procedures Applied to Appropriations Limit Worksheet No. 6 Year Ended June 30, 2020 City of Baldwin Park Appropriations Limit Worksheet No. 6 Table of Contents PAGE INDEPENDENT ACCOUNTANT'S REPORT ON AGREED-UPON PROCEDURES Appropriations Limit Worksheet No. 6 3 Notes to Appropriations Limit Worksheet No. 6 4 Independent Accountant's Report on Agreed-upon Procedures Applied to Appropriations Limit Worksheet No. 6 Honorable Mayor and Members of City Council City of Baldwin Park 655 N Central Avenue, Suite 1550 Q,ndaW, CA 91203 W l213) 873-1700 rax R13� $73,1777 OFFICE LOCATIONS; Lot Angele-� S,�icramento San Piego NlanRa We have performed the procedures enumerated below to the accompanying Appropriations Limit Worksheet No. 6 of the City of Baldwin Park, California for the year ended June 30, 2020. These procedures, which were agreed to by the City of Baldwin Park, California and the League of California Cities (as presented in the League publication entitled Agreed-upon Procedures Applied to the Appropriations Limitation Prescribed by Article X111 B of the California Constitution) were performed solely to assist the City of Baldwin Park, California in meeting the requirements of Section 1.5 of Article X111 B of the California Constitution. The City of Baldwin Park's management is responsible for the Appropriations Limit Worksheet No. 6. The sufficiency of the procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. The procedures performed and our findings were as follows: We obtained the completed Worksheet No. 6 for the year ended June 30, 2020 and compared the limit and annual adjustment factors included in that worksheet to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheet to those that were selected by a recorded vote of the City Council. Finding: No exceptions were noted as a result of this procedure. 2. For the accompanying Appropriations Limit Worksheet No. 6, we added last year's limit to the total adjustments, and compared the resulting amount to this year's limit. Finding: No exceptions were noted as a result of this procedure. 3. We compared the current year information presented in the accompanying Appropriations Limit worksheet No. 6 to the other worksheets described in No. 1 above. Finding: No exceptions were noted as a result of this procedure. Im 4. We compared the prior year appropriations limit presented in the accompanying Appropriations Limit Worksheet No. 6 to the prior year appropriations limit adopted by the City Council for the prior year. Finding: No exceptions were noted as a result of this procedure. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to, and did not perform an audit, the objective of which would be the expression of an opinion on the accompanying Appropriations Limit Worksheet No. 6. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. No procedures have been performed with respect to the determination of the appropriation limit for the base year, as defined by Article X111 B of the California Constitution. This report is intended solely for the use of the City Council and management of the City of Baldwin Park, California and is not intended to be, and should not be, used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited. Glendale, California March 22, 2021 4 City of Baldwin Park Appropriations Limit Worksheet No. 6 For the year ended June 30, 2020 Appropriations limit for fiscal year ended June 30, 2019 Adjustments factors for the fiscal year ended June 30, 2020 Inflation Factor (Note 3) 1.0385 Adjustment for inflation and population Other adjustments Total adjustments Population Factor (Note 4) 1.0016 Appropriations limit for fiscal year ended June 30, 2020 Combined Factor 1.0402 78,238,220 0.0402 3,142,172 3,142,172 81,380,392 Unaudited; see Independent Accountant's Report on Agreed -Upon Procedures applied to Appropriations Limit Worksheet No. 6 and Accompanying Notes. 3 City of Baldwin Park Notes toAppropriations Limit Worksheet No. 6 For the year ended June 30 2020 NOTE 1 PURPOSE OF LIMITED PROCEDURES REVIEW Under Article )(U| B of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes. Effective for years beginning on or after July 1. 1990. under Section 1.5 of Article %||| B' the annual calculation of the appropriations limit is subject to on agreed-upon procedures review in connection with the annual audit. NOTE 2 METHOD OF CALCULATION Under Gaodon 10.5 of Article )(U| B. for fiscal years beginning on or after July 1. 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986'07' adjusted for the inflation and population factors UiaounneU at Notes 3 and 4 below. NOTE INFLATION FACTORS A California governmental agency may adjust its appropriations limit by either the annual percentage change in the 4th quarter per capita personal inonnnn (which percentages are supplied by the State Department of Finance\, or the percentage change in the |non| assessment roll from the preceding year due tOthe change of |nne| nonresidential construction. The tactor adopted by the City of Baldwin Pork for the fiscal year 2019-2020 represents the annual percentage change in the State's per capita personal income. �111:IE1 W-11% 1101 z 1111-ITO1101 *_1 A California governmental agency may adjust its appropriations limit by either the annual percentage change of the jurisdiction's own population, or the annual percentage change in population in the County where the jurisdiction is located. The factor adopted by the Qh/ of Baldwin Park for fiscal year 2019-2020 represents the annual percentage change inpopulation for the City. NOTE 5 OTHER ADJUSTMENTS A California government agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another government agency or private entity. The City of Baldwin Park had nosuch adjustments for the year ended June 3O.2O20. see Independent Accountant's Report On Procedures applied to Appropriations Limit Worksheet No. 6 and Accompai N0A9G. 4 an LIM www,vasqLiezcpa,com Vasquez & Company LuP has om 50 years ofexpmiiencm in performing audit, accounting & consulting mevcemfmaU types of nonprofit organizations, for-profit companies, govern rnen Lai entities arid publicly traded companies Vasquez isomember o,the RSM US Alliance, RSM UG Alliance provides its members with access to ,ommurC,ma of RSM US LLP. RSM US Alliance mmmbor ormm are sepniate end independent businesses and |aQm| entities that are reeponoib|afor their own acts and omiam|ono, and each opaseparate and independent ffom RSM US LLP. RSM US L,P is the U.S, member firm of RSM InliernaLional. a global network of indmuendmntaudit. tan, ond oonau|dnQfimno. Members of RSM US Alliance have access to RSNA |ntmmmUonm| reoourcmmthmugh RSM U3LLPbut are riot memberfirmaofRSM |nuamnUonoiVisit mmuaoom/ahoutumfor more informao|onmgmrdingRSM UGLLP and RSM International The R8MIIII logo is used under license by RSM US LIR RSM US N|iance products and mem|uam are proprietary uoRSM USLLR SA�64�R:IEL 0 TO: FROM: TI �Zl �: ITEM NO. 9 Honorable Mayor and Members of the City Council Ben Martinez, Director of Community Development Melissa Chipres, Associate Planner DATE: April 7, 2021 SUBJECT: A Request to the City Council from the Planning Commission to Approve Development Agreement 20-02 to Allow the Conversion of a Double -Sided Static Billboard into a Double -Sided LED Digital, Billboard (Location: 12921 Garvey Avenue; Applicant: Outfront Media, LLC; Case Number: DA 20-02) SUMMARY This report requests that the City Council approve the following: 1) Initial Study and Negative Declaration of Environmental Impact; and 2) An agreement between the City and Outfront Media, LLC to allow the conversion of a double -sided static billboard into a double -sided LED digital billboard, in return for various mitigation fees paid to the City. 3) A public hearing was held on March 17 th and this item was continued from the March 17th City Council meeting to provide information on existing billboard fees. RECOMMENDATION Staff recommends that the City Council: I . Adopt Resolution 2021-013 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ADOPT (1) AN INITIAL STUDY AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT REPORT AND (2) DEVELOPMENT AGREEMENT 20- 02 TO PERMIT THE CONVERSION OF AN EXISTING DOUBLE -SIDED STATIC BILLBOARD INTO A DOUBLE -SIDED LED DIGITAL BILLBOARD WITHIN THE I -C, INDUSTRIAL -COMMERCIAL ZONE. (LOCATION: 12921 GARVEY AVENUE, APN: 8550-003-042 APPLICANT: OUTFRONT MEDIA LLC. CASE NUMBER: DA 20- 02).";and 2. Introduce for first reading, by title only, Ordinance 1459, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH OUTFRONT MEDIA, LLC FOR THE APPROVAL OF A CONVERSION OF AN EXISTING DOUBLE SIDED STATIC BILLBOARD TO A DOUBLE SIDED DIGITAL LED BILLBOARD STRUCTURE AT THE REAL PROPERTY LOCATED AT 12921 GARVEY AVENUE ALONG THE 1-10 FREEWAY WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT There will be an increase in general fund revenues should this project be approved. The Developer shall pay an annual development fee to the City of Seventy -Two Thousand Dollars ($72,000.00) per year with a fixed annual increase of 2.25 percent. Please see Development Agreement Terms of Attachment #2 of this staff report for specifics. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)INOTICING In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined the proposed project will not have a significant impact on the environment and an Initial Study/ Negative Declaration of Environmental Impact has been prepared (Attachment 4). The Initial Study was prepared by MIG, Inc. and has completed the public review period which took place from January 18, 2021 to February 17, 2021. The Notice of Intent inviting public comment on the Initial Study/ Negative Declaration of Environmental Impact was posted at the Los Angeles County Clerk's Office, the City's website, and City Hall. The public review period closed with no responses from the public. The California Department of Transportation (Caltrans) responded with a letter of acknowledgement dated January 25, 2021 indicating that the applicant is also required to obtain permits from Caltrans. Additionally, a Notice of Public Hearing for this proposed Development Agreement was posted at City Hall, and City website on January 18, 2021. Public Hearing Notices were mailed to adjacent property owners within 300 feet of the project site on January 18, 2021. The Planning Division has reviewed the application to ensure compliance with all requirements set forth in Ordinance 1394 and is recommending the Planning Commission consider and recommend approval to the City Council on proposed Development Agreement 20-02 between the City of Baldwin Park and Outfront Media LLC to permit the conversion of an existing double -sided static billboard into a double - sided LED digital billboard at 12921 Garvey Avenue within the I -C, Industrial -Commercial zone pursuant to Ordinance 1459. SUBJECT PROPERTY & SURROUNDING LAND USES The Development Agreement (DA 20-02) will allow for the conversion of an existing static billboard to a digital billboard advertising structure located at 12921 Garvey Avenue, south of the 1-10, San Bernardino Freeway. The proposed conversion consists two (2) LED electronic sign faces. Other than abutting freeways, the sites are bounded by the uses as detailed in Table #1 below. TABLE#1 ADJACENT LAND USES Adjacent Property Location Zoning Designation Land Use North I -C Industrial -Commercial East F -C Commercial Business South 1-10 Freeway West I -C Industrial- Commercial BACKGROUND A billboard is a large (typically 14' feet in height by 48' in length) off-site advertising sign that advertises an event, product, service, or use not generally found on-site or provides public information. In July 2013, the City approved a Code Amendment (AZC-1 73) which included development standards relating to digital billboards. In December 2016, the City Council approved an ordinance that would modify the development standards to allow the construction of additional digital and static billboards. The construction of additional billboards require development agreements that allow the City more flexibility to negotiate other benefits from billboard companies, including but not limited to new park signs, landscaping, and provide mitigation fees and/or other benefits the City needs. In April 2017, the City Council approved an ordinance to modify development standards for all new billboards that would allow them to be constructed no taller than 65 feet, regardless of proximity to a sound wall. D�qital Billboard Structures Digital billboard facings are an emerging media type that consists of a display surface with light emitting diodes (LEDs) generating an image. The images are changed remotely via computer, functioning and appearing like large computer screens. Digital billboards offer greater flexibility of use than conventional billboards. Typically, digital advertising messages from advertisers rotate continuously, with each digital image on display for about four to eight seconds, enabling billboard owners to sell the same advertising face multiple times. Digital billboards allow advertisers to change messages throughout the course of a day. Images can be scheduled to run at certain times of the day, on particular days of the week or even on specific billboards within a network. Digital billboards are typically used in busy traffic areas, where advertisers are willing to pay more for the use of the billboard and thus the LED displays generate substantially more revenue than a comparable traditional billboard. Although the LED display technology allows for scrolling, flashing or motion video, moving images on digital billboards are generally prohibited by current Federal, State, and/or local regulations, due to traffic safety concerns. The Baldwin Park Ordinance also prohibits moving images on digital billboards. LED displays are equipped with sensors that automatically modify the brightness of the sign in response to ambient lighting conditions. During the day, the display is brighter to provide the necessary contrast to allow the image to be visible. At night, the LED display will be automatically dimmed to reduce glare. There are a variety of Federal, State, and local provisions that regulate billboards and digital billboards. For example, Caltrans limits location of static billboards to be no less than 500 feet between billboard any other billboard on the same side of the freeway, whereas digital billboards must be separated by a minimum distance of 1,000 linear feet on the same side of the freeway. DISCUSSION On March 9, 2020, the Planning Division received an application from Ouffront Media LLC requesting approval for the conversion of an existing double -sided static billboard into a double -sided LED digital billboard locate at 12921 Garvey Avenue (Sun State Equipment Rental), south of the 1-10, San Bernardino Freeway. The existing location of the digital billboard is in the south easterly corner of the property (Sun State Equipment Rental). The proposed conversion will maintain the existing sign area of fourteen (14) feet in height, and forty- eight (48) feet in width, and height of fifty-four (54) feet. The conversion also includes upgrading the existing billboard pole with a sixty-four (64) inch decorative pole cover to conceal the existing thirty-six (36) inch pole. PLANNING COMMISSION ACTION At their meeting on February 24, 2021, the Planning Commission voted 4-0, recommending the City Council approve the proposed Development Agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS #1, Resolution 2021-013 #2, Exhibit "A", Development Agreement, DA 20-02 #3, Ordinance 1459 #4, Initial Study & Negative Declaration (https://www,baldwinpark.com/onIine-documents/community- development/planning/environmental-documents/2485-final-outfront-media-baidwin-park-isnd/file #5, Vicinity Map #6, Plans RESOLUTION NO. 2021-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ADOPT (1) AN INITIAL STUDY AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT REPORT AND (2) DEVELOPMENT AGREEMENT 20-02 TO PERMIT THE CONVERSION OF AN EXISTING DOUBLE -SIDED STATIC BILLBOARD INTO A DOUBLE -SIDED LED DIGITAL BILLBOARD WITHIN THE I -C, INDUSTRIAL -COMMERCIAL ZONE. (LOCATION: 12921 GARVEY AVENUE, APN: 8550- 003-042 APPLICANT: OUTFRONT MEDIA LLC. CASE NUMBER: DA 20-02). WHEREAS, in 1999 the City Council approved a zone change to allow for the creation of an Outdoor Advertising District along segments of the 1-10 and 1-605 freeways to permit the construction of new billboards; and WHEREAS, in June 2003 the City adopted Ordinance 1204 which prohibited the issuance of any type of entitlement relating to billboard structures; and WHEREAS, in July 2013 the City amended the Municipal Code to include development standards for new digital billboard structures; and WHEREAS, in December 2016 the City approved an ordinance to modify the Municipal Code billboard development standards and to require development agreements for the construction of additional digital and static billboard structures; and WHEREAS, in April 2017 the City approved an ordinance to modify the billboard development standards that would allow billboards to be constructed no taller than 65 feet, regardless of proximity to a sound wall; and WHEREAS, in 2020 the City entered into discussions with Outfront Media, LLC for a Development Agreement to place a dual -faced digital billboard along the 1-10 San Bernardino Freeway located at 12921 Garvey Avenue; and WHEREAS, the proposed Development Agreement between the City of Baldwin Park and Outfront Media, LLC , identified as Case Number DA 20-02 is described more particularly in the information on file with the Planning Division. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare that: Resolution 2021-013 Page 2 A. An Initial Study and Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. B. The Initial Study and Negative Declaration were made available to the public for review and comment from January 18, 2021 to February 17, 2021 as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on February 24, 2021, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered that evidence, no additional comments were received at the hearing, and the Planning Commission recommended approval of the Negative Declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on April 7, 2021, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. SECTION 2. The City Council reviewed and considered the Mitigated Negative Declaration of Environmental Impact and determined the Project will not have a significant impact on the environment. The Negative Declaration is therefore hereby approved. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 7 th day of April, 2021. EMMANUEL J. ESTRADA MAYOR Resolution 2021-013 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, MARLEN GARCIA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2021-013 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 7 th day of April, 2021 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSERT: C 0 U N C I L M E 171BEEIRVS . F-1143 I V.11 I Z 11�616111 Z lei I I VAI WFA F'-T47:Rj MARLEN GARCIA CITY CLERK RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: CITY OF BALDWIN PARK 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: City Clerk Space above this line reserved for recorder's use [Exempt From Recording Fee Per Gov. Code §6103] DEVELOPMENT AGREEMENT NO. DA 20-02 This Development Agreement (hereinafter "Agreement") is entered into by and between the CITY OF BALDWIN PARK (hereinafter "City") and OUTFRONT MEDIA LLC, a Delaware limited liability company (hereinafter "Developer"). A. California Government Code Sections 65864, et seq., ("Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development. B. Developer has a leasehold interest in that certain portion of real property, located at 12911 to 12921 Garvey Avenue in the City of Baldwin Park, Assessor Parcel Numbers 8550-3-14, -15, and -33, as more specifically described in Exhibit "A" (the "Site") upon which Developer seeks to install a digital upgrade, as described in Exhibit "B", along with a site plan and conceptual rendering of the sign as shown in Exhibit "B-1" hereto, to an existing lawfully permitted double faced 14 x 48 foot static display which is oriented toward the 1-10 Freeway ("New Digital Billboard"). C. In exchange for the approvals sought to convert the existing static display to the New Digital Billboard, as described above, Developer has offered to: 1 . Pay to the City an annual Development Fee, as defined and provided in Section 2.6 below; and 2. Provide advertising space free of charge to City on a space available basis as further described below. D. The Site is located within the City's Industrial Commercial Zone, and is also located within an Interstate Freeway Corridor, as defined in the City's Municipal Code. E. Developer and City agree that a development agreement should be approved and adopted to memorialize the expectations of City and Developer as more particularly described herein, and to comply with the provisions of the City's Digital Sign Ordinance, as set forth in Section 153.170.105 of the Baldwin Park Municipal Code, attached hereto as Exhibit "C". OTAD-56322\2223299.2 F. On , 2019, the City Council of the City, pursuant to Government Code sections 65867 and 65867.5 and other applicable law, held a duly noticed public hearing to consider the approval of this Agreement and, after hearing public testimony thereon, considered the proposal and introduced Ordinance No. G. The City Council has found that: this Agreement is in the best public interest of the City and its residents; adopting this Agreement constitutes a present exercise of the City's police power; the terms of the Agreement will not be detrimental to the public's health, safety, or general welfare; and this Agreement is consistent with the City's General Plan and Municipal Code, including without limitation Municipal Code section 153.170.105. This Agreement and the proposed Project (as hereinafter defined) will achieve a number of City objectives and confer a number of public benefits, including increasing the City's revenue base pursuant to Goal 1.0 of the Economic Development Element, broadcasting public service announcements at no cost to the City, limiting outdoor advertising to appropriate locations within the City, and allowing for the incorporation of modern technology into outdoor advertising displays where appropriate. H. On 2019, the City Council held the second reading of Ordinance No._, thereby approving this Agreement. 1. City finds and determines that all actions required of City precedent to approval of this Agreement by Ordinance No. of the City Council have been duly and regularly taken. J. In exchange for the benefits to the City described in the Agreement, together with other public benefits that will result from the development of the Project (as defined below), Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with Land Use Regulations (as defined below), and therefore desires to enter into this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS. 1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized when used in the Agreement. In addition to the terms defined in the Recitals above and elsewhere in this Agreement, the defined terms include the following: 1.1.1 1-10 Freeway Site Lease" means the lease agreement by and between Developer Outfront Media, LLC and Mt Diablo Investment Group LLC, the owner of the Site. 1.1.2 "Agreement" means this Development Agreement and all attachments and Exhibits hereto. 1.1.3 "City" means the City of Baldwin Park, a California municipal corporation. OTAD-56322\2223299.2 2 1.1.4 "City Council" means the City Council of the City. 1.1.5 "Developer" means Outfront Media LLC, a Delaware limited liability company duly existing and operating, and its successors and assigns, doing business at 1731 Workman St., Los Angeles, California 90031. 1.1.6 "Development Approvals" means any and all permits and approvals which may be required by City, affected utility agencies, or any other governmental agency for the construction and/or operation of the Project by Developer pursuant to the Scope of Development, including but not limited to, necessary building permits and all approvals required under the California Environmental Quality Act ("CEQA"). 1.1.7 "Effective Date" is when the Agreement is signed by both the Developer and City and when the Agreement is approved by Ordinance No. _, but shall be no sooner than 30 days following the second reading and approval of Ordinance No. 1.1.8 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, including, but not limited to, the City's General Plan, Municipal Code and Zoning Code, which govern development and use of the Site, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the New Digital Billboard, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Site which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. Land Use Regulations shall also include NPDES regulations and approvals from the California Department of Transportation Outdoor Advertising Division, to the extent applicable. 1.1.9 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device, including each of their respective successors and assigns. 1.1.10 "New Digital Billboard" means the digital upgrade, as described in Exhibit "B" hereto, to an existing lawfully permitted double faced 14 x 48 foot static display which is oriented toward the 1-10 Freeway and located on the Site. 1. 1. 11 "Operational" means the New Digital Billboard is capable, legally and functionally, of displaying advertising on the digital displays. 1.1.12 "Project" means the removal of the existing static billboard displays currently located on the Site (but not the existing billboard structure), and the construction and installation of the New Digital Billboard, and includes any necessary upgrading to the existing billboard structure, the placement of new digital display panels on the existing billboard structure, the installation of any new utilities necessary for the operation of the New Digital Billboard, the construction or installation of any other improvements or equipment necessary to operate the New Digital Billboard, and the operation and maintenance of the New Digital Billboard on the Site, all in accordance with the Development Approvals and this Agreement, including the Scope of Development attached hereto as Exhibit "B", and the Schedule of Performance attached hereto as Exhibit "D". 1.1.13 "Schedule of Performance" means the Schedule of Performance attached hereto as Exhibit "D" and incorporated herein. OTAD-56322\2223299.2 3 1.1.14 "Scope of Development" means the Scope of Development attached hereto as Exhibit "B" and incorporated herein. 1.1.15 "Subsequent Land Use Regulations" means any Land Use Regulations effective after the Effective Date of this Agreement (whether adopted prior to or after the Effective Date of this Agreement) which governs development and use of the Projectond/or the Site. 1.1.16 "Subsequent Development Approvals" means any and all permits and approvals which may be required by City, affected utility, or any other governmental agency for repair, Dl8iOteD@DDe' CODStRJCtiOO. [eCODStRuCdOD. 8Oh@DQerDgOL' dgVe|OpDleOL, Ope[@dOD, or other work to be performed by Developer, including but not limited to, necessary building permits and all approvals required under the California Environmental Quality Act (''CEClA'')' that occurs after the Project has been constructed and become operational. Consistent with the Outdoor Advertising Act (Buu.&Profs. Code, §52OOetueq.).the performance ofcustomary maintenance does not require |OC8| approvals. 1.1.17 "Tern)" Sh8]| have the meaning provided in GeCbOn 24, Un|eSS earlier terminated as provided in this Agreement. 1.3 Exhibits. The hd|uvvng documents are attached to, and by this reference made 8 part of this Agreement: Exhibit "A" (Legal [}eSQiDUOO of Site), Exhibit ~B" Scope Of Development, and Exhibit "C" (Municipal Code section 153.170.105) and Exhibit "D" (Schedule of Performance). 2. GENERAL PROVISIONS. 2.1 Binding Effect Of AurS808Ot. From and following the Effective [}8t8. actions bvthe City and Developer with respect tOthe Site, the Project, OrUl9N8vvOigit8|BiUb08nd. including actions by the City on applications for Subsequent Development Approvals affecting the Site, ShG|| be subject to the t8[0S and prOViSiOOS of this Agreement; provided, hOVVHV8[' that nothing in this Agreement shall be deemed or construed (i) to modify or amend the 1-10 Freeway Site Lease, Orany 0fDeveloper's obligations thereunder; /ii\bind 0rrestrict the owner Ofthe Site with respect to its ownership or operation of the Site; or (iii) to impose any obligation whatsoever On the Ovvn9r of the Site, including without |innit@b0n any obligation with respect to the Project, except 8Sexpressly set forth inthis Agreement. 2.2 Interest in the Site. City and D8V8|Op8F acknowledge and 80[88 that Developer has 8legal O[equitable interest iDthe Site and thus iSqualified tOenter into and be8 party tothis Agreement under the Development Agreement law. |fDeveloper's leasehold interest is p[80@LUr8|y i8r0iD8t8d by the OvvOer Of the Site, then Developer Sh8|| have OO further Ob|ig@UOOS under Section 3.4 Or Exhibit '^B" Of this /\On3eDleOt relative to the CODSLruCtiOD or maintenance of the sign thereon. Additionally, if Developer's leasehold interest is prematurely terminated by owner of the Site, then Developer shall have no further obligations under this Agreement, except as provided under Section 4.1 with respect to Developer's responsibility to remove the New Digital Billboard. 2.3 No Assignment. Except as set forth hmnain, neither party may sublet, GSSigO Or otherwise transfer this Agreement, or any interest herein, either VO|UDt8h|y or by Ope[8UOD Of |@vv' without the other party's prior written CODS8Ot' which the Other party Sh8|| not unreasonably withhold, condition, ordelay. Notwithstanding the above, the consent ofCity shall 4 not be required: (a) for Developer to assign its rights and duties under this Agreement to any type of legal entity, including but not limited to a limited liability company, corporation, or limited partnership, controlling, controlled by or under common control with Developer or to any entity that acquires a majority of Developer's assets; or (b) in the event any such entity to which this Agreement has been so assigned thereafter merges with another company, reorganizes its stock, or undergoes a similar corporate restructuring, changes ownership or sells any of its assets or stock. Any security posted by Developer may be substituted by the assignee or transferee. After a transfer or assignment as permitted by this Section, the City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement which have been assigned or transferred. 2.4 Term of Agreement. Unless earlier terminated as provided in this Agreement, this Agreement shall continue in full force and effect until the earlier of: (a) twenty (20) years after the date the New Digital Billboard becomes Operational; or (b) the permanent removal of the digital displays constructed pursuant to the terms hereof. The parities may extend the Term of this Agreement though the execution of a written amendment hereto and upon the terms and conditions mutually agreed upon by the parties. Within thirty (30) days after the expiration or termination of this Agreement, the parties shall execute a written cancellation of this Agreement which shall be recorded with the County Recorder pursuant to Section 9.1 below. The term of this Agreement supersedes any amortization period that may apply under the Baldwin Park Code as to any non -conformity as applied to the Site. 2.5 Processing Fee. Developer will pay to City a processing ("Processing Fee") of Five Thousand Dollars ($5,000) upon submission of its application for the Project approvals and an additional Ten Thousand Dollars ($10,000) upon the New Digital Billboard becoming Operational. The City shall retain and use the Processing Fee, or any part thereof, for payment of any and all standard fees applicable for the necessary City review, evaluation, and analysis pertaining to the New Digital Billboard, including, but not limited to, legal fees and feasibility analysis incurred by the City in negotiation and preparation of this Agreement. 2.6 Development Fee. The parties agree that Developer shall pay an annual development fee to City of Seventy Two Thousand Dollars ($72,000.00) per year ("Development Fee"), with a fixed annual increase of 2.25 percent in the Development Fee after the first year of the Agreement's term. The Development Fee shall be paid in quarterly installments, due within fifteen (15) days after the end of each quarter of the calendar year. Developer shall notify City when the New Digital Billboard becomes Operational for the purpose of determining the date payments of the Development Fee shall commence. The City's issuance of a building permit shall not be unreasonably withheld, provided the issuance of a building permit is done in compliance with the terms of this Agreement and said permit is issued in full compliance with applicable building codes and standards. 2.7 Community Benefits. In addition to the Development Fee, Developer shall provide the following additional community benefits during the entire Term of this Agreement: 2.7.1 City's Use of Digital Sign. Developer shall also provide, free of charge to City on a space available basis, advertising space on the New Digital Billboard for purposes of posting public service announcements and City -related advertising or announcements ("City Advertising"). City Advertising shall appear on Digital Sign in the same time and manner as other advertising, as long as space is available. Notwithstanding the above, City shall have no right and Developer shall have no obligation to post City Advertising for more than five (5) percent of the Digital Billboard's total advertising time. The City shall submit all OTAD-56322\2223299.2 5 proposed copy to Developer not less than five (5) business days prior to the date the copy is proposed to be displayed. All proposed City Advertising copy shall be prepared and submitted at the City's sole cost, shall be in a format ready for posting on the New Digital Billboard, and shall be subject to Developer's standard advertising copy rejection and removal policies, which allow Developer to approve or disapprove copy and remove copy once posted or displayed. City represents and warrants that all copy, content and materials supplied by City to Developer for display under this Agreement: (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity; (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which City and/or Developer may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are accurate and that all claims contained therein have been substantiated; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. Any content provided by City shall be owned and belong exclusively to the City, and Developer shall not reproduce, sell, or give away any such content without the advance written consent of the City. 2.7.2 Public Service Messages. During the entire Term of this Agreement and any extension, Developer shall make advertising space on the New Digital Billboard available to the appropriate agencies for the purposes of displaying "Amber Alert" or other emergency messages, at no cost. 2.8 Prohibited Use. Developer shall not utilize the New Digital Billboard to advertise smoking; tobacco; vaping; adult entertainment; sexually oriented materials, images, and language; "obscene matter," as that term is defined in California Penal Code section 311; or any matter that is prohibited by any City ordinance existing as of the Effective Date of this Agreement and equally -applicable to all billboard displays. In addition, the Developer shall at all times comply with Article 7 § 5402 of the Outdoor Advertising Act from the Business and Professions Code. Developer shall immediately remove any prohibited content upon notice from the City. If there is a dispute between Developer and City as to whether any such content is prohibited, Developer shall remove the disputed content until the dispute is resolved. 3. DEVELOPMENT AND IMPLEMENTATION OF THE PROJECT. 3.1 Vested Right to Develop The Site. Developer shall have the right to develop the Project on the Site in accordance with, and to the extent of, the Development Approvals, the Subsequent Development Approvals, and this Agreement pursuant to the Land Use Regulations including, without limitation, Developer's vested right to develop the Project on the Site; provided that nothing in this Agreement shall be deemed to modify or amend the 1-10 Freeway Site Lease. In the event of any conflict or inconsistency between (i) the Agreement, any Project conditions of approval, and terms for issuance of a Project -related building permit, and (ii) the Land Use Regulations, this Agreement and any Project conditions of approval, and terms for issuance of a Project -related building permit shall prevail and control. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement: the rules, regulations and official policies governing permitted uses of the Site; the density and intensity and use of the Site; the maximum height, bulk, and size of proposed structures; the general location of public utilities; the design, and improvement and construction standards and specifications applicable to development of the Site; and other terms and conditions of development applicable to the Project, are set forth in the Land OTAD-56322\2223299.2 6 Use Regulations which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. 3.3 Development Approvals. Developer shall, at its own expense and before commencement of demolition, construction or development of any structures or other work of improvement upon the Site, secure or cause to be secured all necessary Development Approvals. Not by way of limiting the foregoing, in developing and constructing the Project, Developer shall comply with all (1) applicable development standards in City's Municipal Code, (2) applicable NPDES requirements pertaining to the Project, (3) all applicable building and fire codes, except as may be permitted through approved variances and modifications. Developer shall pay all normal and customary fees and charges applicable to such permits, and any fees and charges hereafter imposed by City in connection with the Project which are standard and uniformly -applied to similar projects in the City. 3.4 Timing of Development. Developer shall commence the Project within the time set forth in the Schedule of Performance, attached hereto as Exhibit "D". "Commencement" of the Project is defined herein as commencement of construction or improvements under the building permit for the construction of the New Digital Billboard on the Site within a reasonable time following Developer's receipt of Development Approvals. In the event that Developer fails to meet the schedule for Commencement of the Project, and after compliance with Section 5.3, either party hereto may terminate this Agreement by delivering written notice to the other party, and, in the event of such termination, neither party shall have any further obligation hereunder. However, if circumstances within the scope of Section 9.10 or action/inaction by the City delay the commencement or completion of the Project or any other task set forth in Exhibit "D", it would not constitute default or grounds for any termination rights found within this Development Agreement. In such case, the timeline to commence or complete the relevant task shall be extended in the manner set forth at Section 9.10. Notwithstanding the above, Developer shall, at all times, comply with all other obligations set forth in this Agreement regarding the construction or improvement of New Digital Billboard on the Site. 3.5 Removal of the Existing Static Billboard Displays. The removal of the existing static billboard displays from the Site, as identified in Section 1.1.12 of this Agreement, shall be performed prior to operation of the New Digital Billboard. Upon expiration of this Agreement, as set forth in Section 2.4, Developer shall remove the digital displays from the New Digital Billboard and install new static billboard displays in substantial conformance with the configuration of the existing static billboard displays. Developer shall bear all costs associated with the activities under this Section 3.5. 3.6 The purpose of this Agreement is to set forth the rules and regulations applicable to the Project, which shall be accomplished in accordance with this Agreement, including the Scope of Development (Exhibit "B") which sets forth a description of the Project and the Schedule of Performance (Exhibit "D"). 3.7 Changes and Amendments. Developer may determine that changes to the Agreement are appropriate and desirable. In the event Developer makes such a determination, Developer may apply in writing for an amendment to the Agreement to effectuate such change(s). The Parties acknowledge that City shall be permitted to use its inherent land use authority in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing reasonable discretion, the City shall not apply a standard different than that used in evaluating requests of other developers, and the City must comply with Paragraph 9.18 of this Agreement. Accordingly, under no circumstance shall City be obligated in any manner OTAD-56322\2223299.2 7 to approve any amendment to the Agreement. Notwithstanding the foregoing, the City Manager shall be authorized, with the written consent of Developer, to approve any non -substantive or minor amendment to the Agreement without processing a formal amendment to this Agreement. All other amendments shall require the approval of the City Council. The parties acknowledge that any extension of the Term for no more than twenty-four (24) months total is an example of a non -substantive change, which the City Manager, in his or her sole discretion, may approve in writing. Nothing herein shall cause Developer to be in default if it upgrades the digital display installed pursuant to this Agreement during the Term of this Agreement to incorporate newer technology; provided Developer shall secure all applicable ministerial permits to do so and ensure that such upgrade is consistent with the dimensions and standards for the displays, as provided under this Agreement and the Land Use Regulations. 3.8 Reservation of Authority. 3.8.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Site: (a) Processing fees and charges of every kind and nature imposed by the City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals to the extent such fees are assessed on a City-wide basis. (b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. (c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, as adopted by City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit for development of the New Digital Billboard on the Site. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. (d) Regulations that are not in conflict with the Development Approvals or this Agreement, and do not (1) reduce the size of the Project as permitted under the Land Use Regulations; (2) interfere with the operation of the New Digital Billboard as permitted under the Land Use Regulations; (3) change the land use designation or permitted or conditionally permitted use of the Site as described in the Land Use Regulations; (4) require the issuance of permits, approvals or entitlements by City other than those required under the Existing Land Use Regulations; or (5) materially limit the processing or procuring of applications and approvals of Subsequent Development Approvals. (e) Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has given written consent to the application of such regulations to the Development of the Site. OTAD-56322\2223299.2 8 M Applicable Federal, State, County, and multi -jurisdictional law and regulations which City is required to enforce as against the Site and that do not have an exception for existing signs or legal nonconforming uses. 3.8.2 Future Discretion of City. This Agreement shall not prevent City from denying or conditionally approving any application for a Subsequent Development Approval on the basis of the Land Use Regulations. 3.8.3 Modification or Suspension by Federal or State Law. In the event that applicable federal or state laws or regulations enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, and there is no exception for the legal nonconforming use, each party shall provide the other party with written notice of such state or federal law or regulation, a copy of such law or regulation, and a statement concerning the conflict with the provisions of this Agreement. The parties shall, within sixty (60) days, meet and confer in good faith in a reasonable attempt to modify this Agreement so as to comply with such state or federal law or regulation. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. 3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by City may possess authority to regulate aspects of the development of the Site as contemplated herein, and this Agreement does not limit the authority of such other public agencies. Developer acknowledges and represents that, in addition to the Land Use Regulations, Developer shall, at all times, comply with all applicable federal, State and local laws and regulations applicable to the New Digital Billboard and Site that do not have an exception for a legal nonconforming use. To the extent such other public agencies preclude development or maintenance of the Project and that do not have an exception for a legal nonconforming use, Developer shall not be further obligated under this Agreement except as provided in Section 4.1. Notwithstanding the foregoing, if such action by another public agency materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. 3.10 Public Improvements. Notwithstanding any provision herein to the contrary, the City shall retain the right to condition any Subsequent Development Approvals to require Developer to pay any required development fees, and/or to construct the required public infrastructure ("Exactions") at such time as City shall determine subject to the following conditions, so long as such Exactions comport with constitutional law, the Mitigation Fee Act, and other applicable law. 3.10.1 The payment or construction must be to alleviate an impact caused by the Project or be of benefit to the Project; and 3.10.2 The timing of the Exaction should be reasonably related to the development of the Project and said public improvements shall be phased to be commensurate with the logical progression of the Project development as well as the reasonable needs of the public. OTAD-56322\2223299.2 9 3.10.3 It beina understood, however, that if the there is a material increase in cost to Developer or such action by City otherwise materially impacts Developer's its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. 3.11 Fees, Taxes and Assessments. During the Term of this Agreement, the City shall not, without the prior written consent of Developer, impose any additional fees, taxes or assessments on all or any portion of the Project, except such fees, taxes and assessments as are described in or required by this Agreement and/or the Development Approvals. However, this Agreement shall not prohibit the application of fees, taxes or assessments upon the Site only and not the New Digital Billboard or Developer directly as follows: 3.11.1 Developer shall be obligated to pay those fees, taxes or City assessments and any increases in same which exist as the Effective Date or are included in the Development Approvals; 3.11.2 Developer shall be obligated to pay any fees or taxes, and increases thereof, imposed on a City-wide basis such as, but not limited to, business license fees or taxes or utility taxes; 3.11.3 Developer shall be obligated to pay all fees applicable to a permit application as charged by City at the time such application is filed by Developer; 3.11.4 Developer shall be obligated to pay any fees imposed pursuant to any Uniform Code that existed when the application is filed by the Developer or that exists when the Developer applies for any Subsequent Development Approval. 3.11.5 Developer shall be obligated to pay any fees associated with Developers application for any state permits required to entitle the New Digital Billboard. 3.12 Notwithstanding anything to the contrary herein, if there is a change in such fees to those charged as of the full execution hereof, or any additional fees are charged and such additional or increased fees materially change Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. 3.13 The term of any Development Approvals and Subsequent Development Approvals shall be automatically extended for the longer of the Term of this Agreement or the term otherwise applicable to the Development Approvals and Subsequent Development Approvals. 3.14 To the extent such is not prohibited by applicable laws, Developer expressly reserves the right to lower the New Digital Billboard in order to improve the visibility of the New Digital Billboard and nothing contained in this Agreement shall impair or impact Developer's ability to lower the New Digital Billboard for this purpose. 4. TELECOMMUNICATION EQUIPMENT. 4.1 Installation of equipment by developer. Upon compliance with all applicable regulations, Developer may affix to the New Digital Billboard any telecommunication equipment, devices, or infrastructure, including without limitation antennae, wireless equipment, OTAD-56322\2223299.2 10 or cellular equipment ("Developer Telecommunication Equipment"). In the event Developer installs any Developer Telecommunication Equipment, the City shall receive, as additional revenue under this Agreement, fifteen (15) percent of any gross collected revenue that Developer receives from operation of the Telecommunication Equipment, to be paid on an annual basis ("Developer Telecommunication Equipment Payment"). The Developer Telecommunication Equipment Payment shall be due at the same time the first quarterly Development Fee is due, as set forth in Section 2.6 of this Agreement. 5. REVIEW FOR COMPLIANCE. 5.1 Annual Reviews. At least once every twelve (12) months and within sixty (60) days' notice from the City Manager, Developer shall demonstrate its good faith compliance with the terms hereof by providing written correspondence addressed to the City Manager demonstrating such good faith compliance. "Good faith compliance" shall mean that Developer has sufficiently followed the terms of this Agreement so as to carry out the intent of the parties in entering into it. After receiving and reviewing Developer's written submission, if the City Manager finds that Developer is not acting in good faith compliance with this Agreement, the City Manager shall schedule a hearing before the Planning Commission in order to evaluate Developer's good faith compliance with the terms of the Agreement. The City shall provide Developer with notice of such hearing and a copy of all staff reports and related exhibits as soon as available, but in no event later than five days prior to the hearing. The Planning Commission's determination following such hearing shall be based on substantial evidence, and shall be subject to appeal to the City Council. If the Planning Commission or City Council, as applicable, finds that the Developer is not in good faith compliance with the terms of this Agreement, the provisions of Section 6 shall govern the parties rights. Subject to cure rights under Section 5.3 of this Agreement, if Developer does not provide the aforesaid written correspondence to the City Manager within the aforementioned sixty (60) days' notice period, it shall be deemed a material violation of this Agreement. 5.2 City Right of Access. The City, its officers, employees, agents and contractors, shall have the right, at their sole risk and expense, to enter the Site upon execution of a license or other applicable written agreement in a form mutually acceptable to the owner of the Site and upon written notice to Developer. The access to the Site described in this paragraph shall be for the purpose of conducting the inspection, maintenance, repair, service, construction, or relocation of any public improvements or public facilities located on the Site. If an emergency repair to a public improvement or public facility on the Site and the City does not possess and has not obtained the foregoing access rights, the City may conduct such repair after providing Developer with reasonable notice. Any damage or injury to the Site or to the improvements constructed thereon resulting from such entry shall be promptly repaired at the sole expense of the City. The City also may access the Site in order to implement any of its lawful police powers to address any nuisance, dangerous condition, or other condition prohibited under the City's ordinances, so long as the City conducts the foregoing activities in a manner consistent with and protective of Developer's due process rights. Except as explicitly provided for in this Agreement (including without limitation in this Section), the City shall have no right whatsoever to enter the Site. 5.3 Procedure. Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters. If, on the basis of the parties' review of any terms of the Agreement, either party concludes that the other party has not complied with the terms of the Agreement, then such party may issue a written "Notice of Non -Compliance" specifying the grounds therefore and all facts OTAD-56322\2223299.2 11 demonstrating such non-compliance. The party receiving a Notice of Non -Compliance shall have forty-five (45) days to cure or remedy the non-compliance identified in the Notice of Non - Compliance, or if such cure or remedy is not reasonably capable of being cured or remedied within such forty-five (45) days period, to commence to cure or remedy the non-compliance and to diligently and in good faith prosecute such cure or remedy to completion. If the party receiving the Notice of Non -Compliance disputes that it is in non-compliance with the terms of this Agreement, that party shall respond in writing to the Notice of Non -Compliance within forty-five (45) days after receipt of the Notice of Non -Compliance. If a Notice of Non -Compliance is disputed, the parties shall, for a period of not less than fifteen (15) days following receipt of the response to the Notice of Non -Compliance, seek to arrive at a mutually acceptable resolution of the dispute. In the event that a cure or remedy is not timely effected or, if the Notice of Non - Compliance is disputed and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period described above, the party alleging the non-compliance may thereupon pursue the remedies provided in Section 6. Neither party hereto shall be deemed in breach if the reason for non-compliance is due to a "force majeure" event as defined in, and subject to the provisions of, Section 9.10. 6. DEFAULT AND REMEDIES. 6.1 Termination of Agreement. 6.1.1 Termination of Agreement for Material Default of Developer. City, in its discretion, may terminate this Agreement upon written notice to Developer for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply with the terms of this Agreement (hereinafter referred to as "default" or "breach"); provided, however, City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 5.3. In the event of a termination by City under this Section 6.1.1, Developer acknowledges and agrees that, unless otherwise setforth below, City may retain all fees, including the Processing Fee and the Development Fee, as applicable, paid up to the date of termination, and Developer shall pay the prorated amount of the Development Fee, as applicable, within sixty (60) days after the date of termination and removal of the New Digital Billboard that equates to the percentage of time elapsed in the year of the Term at the time of termination. 6.1.2 Termination of Agreement for Material Default of City. Developer, in its discretion, may terminate this Agreement upon written notice to City for any material failure of City to perform any material duty or obligation of City hereunder or to comply in with the terms of this Agreement; provided, however, Developer may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 5.3. In addition, Developer may terminate this Agreement upon written notice to City, if despite Developer's good faith efforts, it is unable to secure the necessary permits and/or compliance with requirements under laws necessary to effectuate the Project. In the event of a termination by Developer under this Section 6.1.2, Developer acknowledges and agrees that, unless otherwise set forth below, City may retain all fees, including the Processing Fee and the Development Fee, as applicable, paid up to the date of termination, and Developer shall pay the prorated amount of the Development Fee within sixty (60) days after the date of termination and removal of the New Digital Billboard that equates to the percentage of time elapsed in the year of the Term at the time of termination. In the event that Developer terminates this Agreement under this Section 6.1.2 before the New Digital Billboard becomes Operational, City shall refund any portion of the Processing Fee that the City has not reasonably expended at the time of such termination after payment to City of the fees and costs described in Section 2.5. OTAD-56322\2223299.2 12 6.1.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, (ii) Developer's obligation to remove the New Digital billboard pursuant to Section 4.1 or (iii) any continuing obligations to indemnify other parties. 6.2 Remedies. In addition to the rights of termination set forth above, in the event of a default by either party, the non -defaulting party shall have the right to: (a) bring any proceeding in the nature of specific performance, injunctive relief, declaratory relief, or mandamus and/or; (b) bring any action at law or in equity to compensate the non -defaulting party for all the detriment proximately caused by the defaulting party's default. 7. INSURANCE, INDEMNIFICATION AND WAIVERS. 7.1 7.1.1 Types of Insurance. (a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of City, as additional insured, and Developer commercial general liability insurance covering Developer's possession and use of the Site and providing protection of at least Two Million Dollars ($2,000,000) per occurrence for bodily injury or death, at least Four Million Dollars ($4,000,000) in the aggregate for any accidents or occurrences, and at least One Million Dollars ($1,000,000) for property damage. Developer shall also furnish or cause to be furnished to City evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same limits of coverage, as specified above. Developer shall provide to the City annual proof of insurance consistent with terms and conditions of this agreement. (b) Worker's Compensation. Developer shall also furnish or cause to be furnished to City evidence that any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries worker's compensation insurance as required by law. (c) Insurance Policy Form, Sufficiency, Content and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A". All such policies shall be non -assignable and shall contain language, to the extent obtainable, to the effect that (i) the policies are primary and noncontributing with any insurance that may be carried by City, but only with respect to the liabilities assumed by Developer under this Agreement; and (ii) the policies cannot be canceled by Developer except after written notice by Developer to City or City's designated representative and the City's approval thereof. Developer shall furnish City with certificates of insurance evidencing that Developer has complied with the requirements of this paragraph 7.1.1. 7.1.2 Failure to Maintain Insurance and Proof of Compliance. Developer shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies required of each policy within the following time limits: OTAD-56322\2223299.2 13 (1) For insurance required above, within seven (7) days after the Effective Date or consistent with the requirements of Exhibit "D" (Schedule of Performance), Item No. 8. (2) The City can request current certificates of all insurance policies as required, including endorsements. Developer's failure or refusal to procure or maintain insurance as required herein or failure or refusal to furnish City with proof that the required insurance has been procured and is in full force and effect may, after complying with the requirements of Section 5.3, be deemed a default under the terms of this Agreement. 7.2 Indemnification. 7.2.1 General. Developer shall indemnify the City, and its respective officers, employees, and/or agents against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person(s), firm, or entity arising out of or in connection with this Agreement and/or the work, operations, or activities of Developer, its agents, employees, subcontractors, and/or invitees, hereunder, upon the Site. 7.2.2 Exceptions. The foregoing indemnity shall not include claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents, or employees. The foregoing indemnity shall also not include claims or liabilities arising from City's use of Developer's advertising space pursuant to Section 2.9.1 above. 7.2.3 Period of Indemnification. The obligations for indemnity under this Section 7.2 shall begin upon the Effective Date and shall survive termination of Development Agreement. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Site or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Site. City acknowledges that the lenders providing such financing may require certain Agreement modifications and City agrees upon request, from time to time, to meet with Developer, the owner of the Site, and representatives of such lenders to negotiate in good faith any such request for modification. Subject to compliance with applicable laws, City will not unreasonably withhold its consent to any such requested modification provided City determines such modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Site shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Project or the Site made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Project or the Site, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive OTAD-56322\2223299.2 14 written notification from City of any default by Developer in the performance of Developer's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City shall make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining cure period allowed such party under this Agreement, or (ii) sixty (60) days. (d) Any Mortgagee who comes into possession of the Project or the Site, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Project or the Site, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Project or the Site acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Approvals applicable to the Project or the Site or such part thereof so acquired by the Mortgagee. 9. MISCELLANEOUS PROVISIONS. 9.1 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the City Clerk within ten (10) days of execution, as required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation, shall be similarly recorded. 9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 9.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then that term, provision, covenant or condition of this Agreement shall be stricken and the remaining portion of this Agreement shall remain valid and enforceable if that stricken term, provision, covenant or condition is not material to the main purpose of this agreement, which is to allow the Project to be permitted and operated and to provide the Development Fee to the City; otherwise, this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. 9.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. OTAD-56322\2223299.2 15 This Agreement shall be construed as a whole according to its fair language and common meaning, to achieve the objectives and purposes of the parties hereto. The rule of construction, to the effect that ambiguities are to be resolved against the drafting party or in favor of the non - drafting party, shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and hereof. 9.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.6 Singular and Plural. As used herein, the singular of any word includes the plural. 9.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.8 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 9.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and their owner, successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.10 Force Majeure. Notwithstanding the contrary herein, neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years and further provided that if such delay is longer than six (6) months, Developer may terminate this Agreement upon written notice to City and City shall return to Developer any portion of the Development fee paid for any period after the effective date of such termination. 9.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 9.12 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same affected as if all of the parties had executed the same instrument. 9.13 Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside OTAD-56322\2223299.2 16 or outside California. In the event of any action between City and Developer seeking enforcement or interpretation of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorneys' fees. 9.14 Covenant Not To Sue. The parties to this Agreement, and each of them, agree that this Agreement and each term hereof are legal, valid, binding, and enforceable. The parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable. 9.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Development of the Project is a private Development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the Development of private property, on the one hand, and the holder of a legal or equitable interest in such property on the other hand. City agrees that by its approval of, and entering into, this Agreement, that it is not taking any action which would transform this private Development into a "public work" project, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer's private project into a public work project, it being understood that this Agreement is entered into by City and Developer upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement which are incorporated into this Agreement and made a part hereof, and that City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Developer by this Agreement. 9.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 9.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain or Developer's right to seek and collect just compensation or any other remedy available to it. 9.18 Amendments in Writi ng/Coo pe ration. This Agreement may be amended only by written consent of both parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of Development Agreements. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non -material modifications may be approved by the City Manager upon approval by the City Attorney. OTAD-56322\2223299.2 17 9.19 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound. 9.20 Notices. All notices under this Agreement shall be effective when delivered by United States Postal Service mail, registered or certified, postage prepaid return receipt requested; and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing by providing notice to the other party: To City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: City Manager With Copy To: Robert Tafoya, Esq. Baldwin Park, City Attorney 14403 E. Pacific Avenue Baldwin Park, CA 91706 To Developer: Outfront Media, Inc. Inc. Real Estate Manager 1731 Workman St Los Angeles, CA 90031 With Copy To: Anthony M. Leones, Esq. Miller Starr Regalia 1331 N. California Blvd, Fifth Floor Walnut Creek, CA 94596 9.21 Nonliability of City Officials. No officer, official, member, employee, agent, and/or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, and/or representative. 9.22 No Brokers. City and Developer represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying party to pay any commission or finder's fee. 9.23 No Amendment of Lease. Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease. Nothing contained in this Agreement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Lease, or any of Owner's rights or remedies against Developer under the Lease. OTAD-56322\2223299.2 18 WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. ATTEST: City: CITY OF BALDWIN PARK By: Manuel Lozano Mayor APPROVED AS TO FORM: Jean M. Ayala Robert Tafoya City Clerk City Attorney Developer: Outfront Media, LLC, a Delaware Limited Liability Company By: [end of signatures] OTAD-56322\2223299.2 19 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On , before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On , before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OTAD-56322\2223299.2 20 moffltfflf� LEGAL DESCRIPTION OF SITE APNs: 8550-3-14, -15, and -33 Legal Description OTAD-56322\2223299.2 21 40111tallm SCOPE OF DEVELOPMENT INCLUDING SIGN PLANS Developer and City agree that the Development shall be undertaken in accordance with the terms of the Agreement, which include the following: 1 . Project. Developer shall upgrade the existing static sign with the New Digital Billboard in accordance with the terms of this Agreement. The New Digital Billboard consists of one (1) approximately 60 feet tall, "bulletin" size freeway -oriented billboard with a total of two (2) digital displays (each display measuring 14'x 48') within the Site. In addition, Developer agrees to install, at no cost to City, a sign with the name "City of Baldwin Park" that is visible to and facing in both directions to 1-10. 2. Building Fees. Developer shall pay all applicable City building fees, as described in this Agreement, at the time that a building permit is issued for the installation of the New Digital Billboard on the Site. 3. Maintenance and Access. Developer, for itself and its successors and assigns, hereby covenants and agrees to be responsible for the following: (a) Maintenance and repair of the New Digital Billboard and Site (where authorized pursuant to the 1-10 Freeway Site Lease) including but not limited to, the displays installed thereon, and all related on -Site improvements, easements, rights-of-way at its sole cost and expense. Developer's maintenance and repair obligation shall include, without limitation, maintaining any poles, lighting, signs and walls in good repair and free of graffiti, rubbish, debris and other hazards to persons using the same. Developer shall maintain and repair the New Digital Billboard in accordance with all applicable laws, rules, ordinances and regulations of all federal, State, and local bodies and agencies having jurisdiction over the Site unless those federal, State, and local bodies have an exception for a legal nonconforming use. Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal related to the Project; (ii) replacement of any fixtures, equipment or property damaged by the Project to the extent required by this Agreement or applicable law; (iii) the ongoing maintenance by the Developer of any access points to the New Digital Billboard to minimize dust caused by the Project; and (iv) the repair, replacement and repainting of the New Digital Billboard structures and displays as necessary to maintain such billboards in good condition and repair. (b) Maintenance of the New Digital Billboard Site (where authorized pursuant to the 1-10 Freeway Site Lease) in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance of the New Digital Billboard such as to be detrimental to the public health, safety or general welfare or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within three hundred (300) feet of the 1-10 Freeway Site. 4. Other Rights of City. In the event of any violation or threatened violation of any of the provisions of this Exhibit "B," then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions of this Agreement, the City shall have the right, after complying with Section 5.3 of this Agreement, (i) to enforce the provisions hereof by undertaking any maintenance or repairs required by Developer under Paragraph 3 above (subject to the execution of a permit or other instrument to enter in form reasonably acceptable to the OTAD-56322\2223299.2 22 owner of the Site) and charging Developer for any actual maintenance costs incurred in performing same, and (ii) to withhold or revoke in the manner proscribed by law, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the New Digital Billboard. 5. No City Liability. The granting of a right of enforcement to the City does not create a mandatory duty on the part of the City to enforce any provision of this Agreement. The failure of the City to enforce this Agreement shall not give rise to a cause of action on the part of any person. No officer or employee of the City shall be personally liable to the Developer, its successors, transferees or assigns, for any default or breach by the City under this Agreement. 6. Conditions of Approval. The following additional conditions shall apply to the installation of the New Digital Billboard and, where stated, on the Site, shall conform to all applicable provisions of the Baldwin Park Municipal Code and the following conditions, in a manner subject to the approval of the Planning Manager or designee: (a) A building permit will be required and structural calculations shall be prepared by a licensed civil engineer and approved by the City Building Official. (b) The Billboard shall be located in the portion of the Site as described in attached Exhibit A and as set forth herein and based on dimensions described in Section 1, above. (c) The size of each sign display of New Digital Billboard shall not exceed a maximum area of 672 square feet and shall not to exceed a maximum height of 60 feet, including all extensions, and shall be spaced at intervals that are no less than 500 feet from any other billboard on the same side of the freeway and measured parallel to the freeway as depicted in the Sign Plans set forth herein and approved by the City as part of the Development Approvals. (d) Plans and specifications for the proposed installation of the New Digital Billboard, including all utility plans, shall be submitted to the City Planning and Building Departments for plan check and approval prior to the issuance of building permits. (e) Prior to the approval of the final inspection, all applicable conditions of approval and all mandatory improvements shall be completed to the reasonable satisfaction of the City. (f) Developer shall maintain the Site and use thereof in full compliance with all applicable codes, standards, policies and regulations imposed by the City, County, State or federal agencies by any duly and valid city, county or state ordinance with jurisdiction over the facilities, unless the Project is exempted as a legal nonconforming use. (g) Developer shall, at all time, comply with the approval for the New Digital Billboard from the California Department of Transportation Outdoor Advertising Division and shall maintain acceptable clearance between proposed billboards and Southern California Edison distribution lines. (h) The Developer shall pay any and all applicable fees due to any public agency pertaining to the New Digital Billboard prior to the final issuance of the building permits. OTAD-56322\2223299.2 23 (i) The activities proposed in this Agreement shall be conducted completely upon the Site and shall not use or encroach on any public right-of-way. 0) Developer shall ensure that all access to the New Digital Billboard is kept restricted to the general public to the extent permitted under local laws and by the 1-10 Freeway Site Lease. (k) Developer shall comply with all necessary NPDES requirements pertaining to the proposed use, to the extent applicable. (1) All graffiti shall be adequately and completely removed or painted over within 48 hours of notice to Developer of such graffiti being affixed on New Digital Billboard. (m) Developer shall comply with the standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot- candles limitation over ambient light levels at 250 feet, and ensuring additional flexibility in reducing such maximum light level standard given the lighting environment, the obligation to have automatic diming capabilities, as well as providing the City's Planning Manager or designee with a designated Developer employee's phone number and/or email address for emergencies or complaints that will be monitored 24 hours a day/7 days per week. (n) In the event ten percent (10%) or more of the digital sign face is not operating correctly or in the event of a malfunction, Developer shall immediately turn the entire display off, or show a one hundred percent (100%) black image on the display until corrected. OTAD-56322\2223299.2 24 EXHIBIT "B-1" SITE PLAN AND CONCEPTUAL RENDERING OF SIGN OTAD-56322\2223299.2 25 OTAD-56322\2223299.2 26 N 4 e, I N LE I N'S I D E NORTH -SOUTH ELEVATION EXISTINS' D-',,,,3LE FA,' -',E !4'X-,',' OFF—TVISFS H T'I'll EE CCNVE 'TE--,' TU LED �ROTH FACF'� 4- --------- ------------ ------------ ------------ ----------- I ------------- I ---------- --------------- -------------------- --------------------- ------------------- ------------------- ------------------- ---------------- L 'SHEET VETAL SKI,`7 E", 3 JCA PDLF N--� I DF A,,E VIN T, CkA (E' FCJ-,DATlCl',,—lL--Jli EAST & WEST ELEVATION OF FROF08EU, C)"CA)BLE FAC"IE ��KCN SCALE : 1/8' = l'—C" OTAD-56322\2223299.2 27 EXHIBIT "C" BALDWIN PARK OFF PREMISES DIGITAL SIGN ORDINANCE OTAD-56322\2223299.2 28 EXHIBIT "D" SCHEDULE OF PERFORMANCE ITEM OF PERFORMANCE TIME FOR REFERENCE PERFORMANCE 1 . Effective Date of this Agreement No sooner than 30 days 1.1.7 following Council approval of 2n' reading 2. Developer submits final design and Within 60 days of 2.6,3.4 construction plans to the City Planning Ordinance becoming and Building Departments to obtain a effective building permit. 3. Developer pays Processing Fee to City Upon submittal to the City 2.5 for design approval and building permits 4. Developer to provide a copy of the Prior to the City issuing a 1.1.6 Caltrans approval to City. building p rmit. 5. City to approve all design and First plan check shall be 2.6 construction, engineering drawings and completed within 15 specifications, and issue a building permit. working days of completed submittal by developer. Any subsequent plan checks required shall also be completed within 15 working days. Complete submittal shall include, but not be limited to, all required fees, documents, and required plan corrections. 6. Developer submits proof of insurance to Prior to commencing any 7.1 City inspection and work on the project. 7. Developer to complete all construction Within 180 days of 1.1.6 work, obtain final permit sign -off from City issuance of final and start Operations. Development Approval It is understood that this Schedule of Performance is subject to all of the terms and conditions of the text of the Agreement. The summary of the items of performance in this Schedule of Performance is not intended to supersede or modify the more complete description in the text; in the event of any conflict or inconsistency between this Schedule of Performance and the text of the Agreement, the text shall govern. Moreover, nothing in this Schedule of Performance shall be construed to restrict the Planning Commission or City Council's discretion to render Development Approvals insofar as it may exercise such discretion. OTAD-56322\2223299.2 29 ORDINANCE 1459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH OUTFRONT MEDIA, LLC FOR THE APPROVAL OF A CONVERSION OF AN EXISTING DOUBLE SIDED STATIC BILLBOARD TO A DOUBLE SIDED DIGITAL LED BILLBOARD STRUCTURE AT THE REAL PROPERTY LOCATED AT 12921 GARVEY AVENUE ALONG THE 1-10 FREEWAY WITHIN THE CITY OF BALDWIN PARK. WHEREAS, pursuant to the Zoning Code section 153.170, relating to the conversion of existing static -faced billboard to digital -faced billboards as noted in Ordinance 1394; and WHEREAS, pursuant to Zoning Code section 153.170, the billboards shall be required to receive Caltrans approval; and WHEREAS, a development agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on February 24, 2021, to receive comments and consider recommendation to City Council of the proposed Development Agreement (DA 20-02); and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's environmental review procedures. In compliance with the California Environmental Quality Act, Section 15063 of the California Environmental Quality Act guidelines, an Initial Study and Negative Declaration has been prepared for this project with the purpose of identifying the project's significant effects on the environment; and WHEREAS, the Initial Study and Negative Declaration was circulated for public comments between January 18, 2021 to February 17, 2018; and WHEREAS, the applicant has agreed to revisions in the project plans, proposed mitigation measures, and terms of the Development Agreement that will avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and Ordinance 1459 Page 2 WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on April 7, 2021; and WHEREAS, the City Council has reviewed the Development Agreement (DA 20-02) (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement (DA 20-02); and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement (DA 20-02) are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 20-02) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located within the Industrial Commercial I -C zone; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 20-02) is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 20-02) is consistent with the provisions of California Government Code §§ 65864 - 65869.5. WHEREAS, the findings set forth in the attached Development Agreement (DA 20-02) and as set forth in the Negative Declaration are hereby incorporated as findings by this City Council in adopting this ordinance, and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on April 7, 2021. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. The City Council hereby certifies the Negative Declaration, and based upon substantial evidence presented to the City Council during the above -referenced hearing, including the Initial Study, any public comments received during the public comment period of the Negative Declaration, the Ordinance 1459 Page 3 written staff reports, verbal testimony, and the development plans, the City Council hereby finds that: a) There is no substantial evidence that the project will have a significant effect on the environment; and b) The negative declaration reflects the City's independent judgment and analysis; and SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: a) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. The proposed billboard structure is located along the 1-10, San Bernardino Freeway. The subject site is not in a General Plan focus area. However, the General Plan has identified the general area for industrial uses. The installation of billboards adjacent to the 1-10 San Bernardino Freeway is a land use that is typically seen within industrial areas adjacent to freeways and would not conflict with future or existing larger scale industrial development. b) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed billboard is compatible with other uses allowed in the project site's land use district and zone. The project site is zoned I -C, Industrial Commercial, which is compatible with the underlying "General Industrial" General Plan Land Use Designation. Furthermore, the property and project site is adequately adjacent to the 1-10 San Bernardino Freeway and said billboard structure is designed to advertise toward the freeway. c) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. Ordinance 1459 Page 4 As mentioned above, the digital -faced billboard is proposed to be located on a property zoned Industrial Commercial (I -C) and is developed with a multi -tenant industrial complex that is consistent with the zone. Furthermore, the construction of the proposed digital billboard will reduce vehicular trips and resources that would otherwise be required for the maintenance or change -out of paper advertisements on a conventional static billboard. As such, it is anticipated that the billboard structure will not be detrimental or injurious to the subject property or the general neighborhood as the surrounding/adjacent areas are also developed with non- residential uses. d) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office, along with review by the Chief Executive Officer and the Planning Division Staff, the Development Agreement (Reference Attachment #2) is consistent with California Government Code Sections 65864- 65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement (DA 20-02), by and between Becker Boards Small, LILC and the City of Baldwin Park, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. The City Council directs the City staff to carry out the terms and conditions of the Development Agreement (DA 20-02) and make any modifications, amendments, or alterations to the Development Agreement (DA 20-02) as deemed administratively necessary from time to time. SECTION 5. The City Council does hereby adopt the Condition of Approval applicable to the Development Agreement (DA 20-02): a) Applicant shall submit a signed wet -stamped survey prepared by a licensed engineer identifying that the distance between the proposed billboard structure at 12921 Garvey Avenue and any other billboard complies with the State of California Outdoor Advertising Act development standards and the Applicant agrees that their proposed billboard sign at 12921 Garvey Avenue will be built in conformance with the State of California Outdoor Advertising Act, including but not limited to being placed 500 feet or more from any other existing billboard. Ordinance 1459 Page 5 SECTION 6. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE — day of _, 2021 EMMANUEL J. ESTRADA, MAYOR ATTEST: MARLEN GARCIA, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, MARLEN GARCIA, 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 April 7, 2021. Thereafter, said Ordinance No. 1459 was duly approved and adopted at a regular meeting of the City Council on 1 2021 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MARLEN GARCIA, CITY CLERK Attachment #4 Initial Study & Negative Declaration bjjLsjLwww.bald\WinEark.com onrinedocumentsLcommunit de ve I o p m e n tZp I a n n i ngZe nvi ro n m e nta I d o c u m e ntsZ248 5f i n a I o u tf ro nt-media-baldwin-park-isnd file ) AREA MAP Not to Scale N Vicinity Map LOCATION: 12921 Garvey Avenue CASE NUMBER: DA 20-02 DATE: April 7, 2021 ,HUB OF AN;J, ��PR, C' �A L E :v," 'eD JAW NOTES Com �'i At j"m,� �o' 1. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS IN FIELD FOR PROPER COORDINATION OF WORK. S, SLmer Tech Auto �A N 5'-0" Tt,upjc-'a� Floating 12 1 G,.arvev Avenue 2. UNDERGROUND UTILITIES MAY EXIST ON OR ADJACENT TO THE NEW SIGN LOCATION. THEREFORE, THE ibdfa !3'paw OAMO (N) 1 4x48 CONTRACTOR SHALL CALL FOR DIG -ALERT PRIOR TO San LED BOTH FACES BACK—TO—BACK ANY EXCAVATION IN ORDER TO VERIFY THE EXACT LOCATIONS OF THE UNDERGROUND FACILITIES. yl R y Tan �0 E , PN,;FOAA(�','� Walnut Creek NaLume Plark W�A ('�wup chni., 't1uqv CD , nvgl ",N-,,,- d t,, 1, r VINICITY MAP N.T.S. -:7:: —8 6 o S77-1 1 47" �Z _3 8.87 (E)36"O SIGN POLE INSIDE (N)64" SQUARE POLE COVER CD CD CD CD 0 0 LC-) �CD v C:) LF) 00 C) LF) 00 Z� Ln /n 00 0 C'v :z/ 0�_ CL_ CL_ 0 Lyt FOUNDATION uo EXISTIN DOUB Fj A'CE 4f)(48 'TO BE Ln t-0 OFF*—PR MISES I N CONVE D TO E (BoiH NORTH -SOUTH ELEVATION (-P CD_ CD ACES) Li EXISTING DOUBLE FACE 14'X48' OFF—PREMISES SIGN TO BE CONVERTED TO LED (BOTH FACES) 48$-0)) a I 0 D/_ _C�N lool ................................. X ITFRO T SHEET METAL SKIRT C D I - Id - Lo C I (D (E)36"O--� I SIGN POLE I I INSIDE I I (N)64" SQUARE POLE TRIM Too SITE PLAN FOR PROPOSED CONVERSION N OF EXISTING DOUBLE FACE SIGN TO BE GRADE ­ REPLACED WITH LED SCALE : 1 70'-0" (E) FOUNDATION J" EAST & WEST ELEVATION OF PROPOSED DQUBLE FACE SIGN SCALE : 1/8" = l'—O" THESE DRAWINGS AS INSTRUMENT OF SERVICE ARE THE L E E D C 0 E N G I N E E R S7 I N C. APPROVED BY: JOB NO.: SHEET TI TLE EXISTING DOUBLE FACE 14'X48' OFF -PREMISES SIGN TO BE CONVERTED TO LED (BOTH FACES) FOR C. D. LEE 8165 PROPERTY OF LEEDCO ENGINEERS AND SHALL NOT BE S T R U C T U R E S - F 0 u N D A T 1 0 N s 1 OWNER OUTFRONT MEDIA /oft� DRAWN BY: DATE: REPRODUCED WITHOUT THE CONSENT OF LEEDCO ENGINEERS, INC. PVS 08-27-19 OF 3870 BALDWIN AVE., EL MONTE, CA. 91731 (626) 448-7870 JOB ADDRESS 12921 E. GARVEY AVE., BALDWIN PARK, CA 91706 Fabricate pole cover for new billboard. . 100 aluminum skin with 1-1 /2" x 1-1 /2' x 3/16" Aluminum angle frame. Primary pole cover surround to have textured dark gray finish. 56" 38, Two 4" square aluminum accents bands painted brushed aluminum and wrap around sides of dark gray pole cover. Outer accent fins that run vertically up the one side and across the top are smooth finish painted light titanium gray. 46" diameter City of Baldwin logos to be on both sides. 1/8" aluminum with digital print graphic applied. Pole cover to be welded to pipe at each section. F- 0 .............. 2' x 2" gray montexed structural aluminum angle attached to pole cover with each section. "Fins" are drilled and bolted with 1/4" bolts in the field, 3/8" bolts attached for pick points, Guides, and for attaching N�Removable end sections together, sections on this side only U qu,", Steel angle irons bolted in place on frame at top and bottom. INSTALLER NOTE: Remove the one on removable side to fit pole cover around pipe. Then bolt back in place prior to welding pole cover in place so that removable end panel fits properly, OUrFRONr/ ADDRESS BaldwnPakCA imDATE 9-9-9 EMDRAWING NUMBER 01010nt9-9,19 4" 56" 13' FRONT MEW SHOWING EXAMPLE OF APPROX. PLACEMENT OF INTERNAL FRAMING I � I ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager DATE: April 7, 2021 SUBJECT: Ratify and Adopt a Resolution to Update the City of Baldwin Park Comprehensive Pay Schedule in Accordance with Cal PERS Established Guidelines and Approve the Employment Agreement with Lucy Garcia for the Position of Chief Executive Officer SUMMARY The attached Agreement for Chief Executive Officer ("Agreement") with Lucy Garcia is presented for approval by the City Council. City Council approval is also being requested to update the Comprehensive Pay Schedule to reflect the new salary range of the Chief Executive Officer in compliance with CalPERS established guidelines. Recommendation Staff recommends that the City Council: 1. Approve the Employment Agreement with Lucy Garcia for the position of Chief Executive Officer and direct the Mayor and City Clerk to execute it; and 2. Approve, Ratify and Adopt Resolution No. 2021-014 approving the Comprehensive Pay Schedule reflecting the salary range of the Chief Executive Officer. FISCAL IMPACT There is no fiscal impact as the annual salary plus benefits is covered by the currently approved fiscal budget. BACKGROUND After going through an extensive recruitment and interview process, the City Council gave direction to the City Attorney to facilitate the contract process with Lucy Garcia and bring it back to open session for final action. Ms. Garcia has the qualifications and experience for this position. If approved, the Agreement will be effective April 26, 2021. The Agreement sets the annual base pay compensation for the Chief Executive Officer at Step 2 of the Salary Range, which is $18,050.23 per month. This salary may be amended by mutual agreement of the parties in writing or by City Council Resolution. The Chief Executive Officer receives the same benefits provided to other City Directors as set forth in the "Executive Employee Benefit Matrix" attached to the Agreement. The Chief Executive Officer is expressly an "At -Will" employee and serves at the pleasure of the City Council. Should the employee be terminated without cause, the Agreement provides for a six-month salary severance pay. Prior to any receipt of any severance pay, the employee must sign a waiver of any future claims against the City. ALTERNATIVES The City Council may choose to go back into closed session for additional negotiations. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2021.014 2. City of Baldwin Park Comprehensive Pay Schedule 3. Agreement will be made available prior to the City Council Meeting. RESOLUTION NO. 2021-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING A SALARY RESOLUTION TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALPERS GUIDELINES. WHEREAS, California Employees Retirement System (CalPERS) does require all government agencies to provide and make available to the public the salary of all full- time employees, part-time employees and Elected Officials in a single salary format specified by CalPERS whenever salary adjustments are made; and WHEREAS, the City of Baldwin Park has created a five step salary range for the Chief Executive Officer position; and WHEREAS, the City of Baldwin Park compiled the necessary salary data to create a single salary schedule required in compliance with the requirements of CalPERS and has attached said report referred to as Exhibit A to this resolution as with the date, April 7, 2021. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park adopts CC Resolution No. 2021-014 to create the Comprehensive City of Baldwin Park Pay Schedule that includes pay rate information for all full-time and part-time employees as well as Elected Officials. PASSED, APPROVED, AND ADOPTED this 7th day of April 2021. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I 1, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-014 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 7, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: K6jWjn,0jRVAT%TAr;TW:7Rj MARLEN GARCIA CITY CLERK Pay Schedule CA Code of Regulations (CCR 570.5) Effective April 7, 2021 I n. 71. 1 Number Title Annual Fixed Rate 60006 Mavor $7,200.00 — — ------------------------------------------------------ 60008 CitV Council $7,200.00 60001 City Clerk (Non-Cer��.... $2,400.00 60002 Citv Treasurer $2,400.00 10005 CitV Commissioner 1(Per Meeting) $50.00 Jj9n $301.00 Job Number Title Annual Monthly Hourly 20092 Director of Recreation & Community Services $183,921.46 $15,326.79 $88.42 20094 Director of Finance $184,267.64 $15,355.64 $88.59 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 20001 Chief Executive Officer annual $ 99.18 $ 104.14 $ 109.34 $ 114.81 $ 120.55 monthly $ 17,190.70 $ 18,050.23 $ 18,952.74 $ 19,900.38 $ 20,895A0 hourly $ 206,288.34 $ 216,602.76 $ 227,432.89 $ 238,804.54 $ 250,744.77 20096 Chief of Police annual $200,289.88 $210,304.38 $220,819.60 $231,860.58 $243,453.60 monthly $16,690.82 $17,525.36 $18,401.63 $19,321.71 $20,287.80 hourly $96.29 $101.11 $106.16 $111.47 $117.05 20096-A Interim Chief of Police annual $183,857.86 monthly $15,321.49 20097 20037 Director of Community Development Director of Public Works hourly annual - �month�l - hourly annual monthl hourly $88.39 $137,556.95 $11,463.08 $66.13 $144,43 $12,03 6.23 $69.44 $144,434.79 $12,036,23 $69.44 $151,656.53 $12,638.04 $72.91 $151,656.53 $12,638.04 $72.91 $159,239.36 $13,269.95 $76.56 $159,239.36:�$1§7,201.33 $13,269.95 $76.56. $167,201.33 $13,933.44 $80.39 $13,933.44 $80.39 $175,561.40 $14,630.12 $84.40 Page 2 of 31 Adopted: April 7, 2021 OW Number Title Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31011 Accounting Manager PRU-rly $45.62 $47.90 $50.30 $52.81 $55.45-- $58.23 $61.14 IT� monthl E�$�7,907.94 $8,303.33 $8,718.50 $9,154.43 $9,612.15 $10,092.75 $10,597.39 annual $94,895.25 $99,640.01 $104,622.01 $109,853.12 $115,345.77 $121,113.06 $127,168.71 31013 Assistant Police Chief hourIV $65.47 $68.75 $72.18 $75.79 $79.58 $83.56 $87.74 _!T!� monthl $11,348.69 $11,916.12. $12,511.93 $13,137.53 $13,794.40 $14,484.12� $15,208.33 annual $136,184.28 $142,993.49 $150,143.17 $157,650.33 $165,532.84 $173,809.49 $182,499.96 31050 Chief Deputv Citv Clerk hourlv $32.28 $33.89 .. . . . . ........ . . $35.59 . ........... . . .. $37.37 . ............. . . .. . $39.24 . . . ............................ $41.20 $43.26 monthly $5,595.26 $5,875.02 $6,168.78 $6,477.21 $6,801.07 $7,141.13 $7,498.18 annual $67,143.13 $70,500.29 $74,025.30 $77,726.57 $81,612.90 $85,693.54 $89,978.22 31012 Citv Planner hourlv $43.83 $46.02 $48.32 $50.74 $53.27 $55.94 $58.73 monthl $7,596.94 $7,976.79 $8,375.63 $8,794.41 $9,234.13 $9,695.83 $10,180.63 annual $91,163.28 $95,721.44 $100,507,51 $105,532M $110,809.53 $116,350.01 $122,167.51 31081 Housinq_Mar� hourly $40.12 $42.12 $44.23 $46.44 $48.76 $51.20 $53.76 monthl $6,953.45 $7,301.12 $7,666.18 $8,049.49 $8,451.96 $8,874.56 $9,318.29 annual $83,441.43 $87,613.50 $91,994.17 $96,593.88 $101,423.58 $106,494.75 $111,819.49 31031 - ---------- Human Resources/Risk Manaqer hourly $50.30 $52.81 $55.45 . .... . - ------- $58.23 $61.14 ------- $64.20 $67.41 monthly $8,718.49 $9,154.42 $9,612.14 $10,092.74 $10,597.38 $11,127.25 $11,683.61 annual $104,621.89 $109,852.98 $115,345.63 $121,112.91 $127,168.56 $133,526.99 $140,203.34 Page 3 of 31 Adopted: April 7, 2021 Job Number Title Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31041 Assistant Accountinq_Man r hourly $44.29 $46.51 monthly_ $7,677.65 $8,061.53 annual $92,131.83 $96,738.42 $48.83 $8,464.61 $101,575.34 $51.28 $8,887.84 $106,654.11 $53.84 $9,332.23 $111,986.81 $56.53 $9,798.85 $117,586.15 $59.36 $10,288.79 $123,465.46 31025 Building Official/Plan Check Supervisor hourly $44.46 $46.68 $49.02 $51.47 $54.04 $56.74 $59.58 monthly $7,706.54 $8,091.87 $8,496.46 $8,921.28 $9,367.35 $9,835.71 $10,327.50 annual $92,478.46 $97,102.39 $101,957.51 $107,055.38 $112,408.15 $118,028.56 $123,929.99 31010 Engineering Manager hourly $44.29 $46.50 $48.83 $51.27 $53.83 $56.53 $59.35 monthly $7,676.93 $8,060.77 $8,463.81 $8,887.00 $9,331.35 $9,797.92 $10,287.82 annual $92,123.14 $96,729.29 $101,565.76 $106,644.05 $111,976.25 $117,575.06 $123,453.81 31011 Public Works Maintenance Operations Manager hourly $ 37.09 $ 38.94 $ 40.89 $ 42.94 $ 45.08 $ 47.34 $ 49.70 monthly $ 6,429.00 $ 6,750.45 $ 7,087.97 $ 7,442.37 $ 7,814.49 $ 8,205.21 $ 8,615.47 annual $ 77,148.00 $ 81,005.40 $ 85,055.67 $ 89,308.45 $ 93,773.88 $ 98,462.57 $ 103,385.70 Page 4 of 31 Adopted: April 7, 2021 Me 7 Number Title Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 70052 Executive Secretairy $22.92 $24.07 $25.27 $26.54 $27.86 $29.26 $30.72 ---------------------- Fhourly— $3,973.27 $4,171.93 $4,380.53 $4,599.55 $4,829.53 $5,071.01 $5,324.56 annual $47,679.21 $50,063.17 $52,566.33 $55,194.64 $57,954.37 $60,852.09 $63,894.70 70027 Human Resources Analyst 11 hourly $30.19 $31.70 $33.29 $34.95 $36.70 $38.53 $40.46 _,,M monthl thly $5,233.24 $5,494.90 $5,769.65 $6,058.13 $6,361.04 $6,679.09 $7,013.05 annual $62,798.91 $65,938.86 $69,235.80 $72,697.59 $76,332.47 $80,149.09 $84,156.55 Human Resources Analyst I — ----------- hourly $27.38 $28.75 $30.19 $31.70 $33.29 $34.95 ---- — - $36.70 monthly $4,746.70 $4,984.04 $5,233.24 $5,494.90 $5,769.65 $6,058.13 $6,361.04 annual $56,960.43 $59,808.45 $62,798.88 $65,938.82 $69,235.76 $72,697.55 $76,332.43 70022 Human Resources Technician hourly $23.38 $24.55 $25.78 $27.07 $28.42 $29.84 $31.33 monthl $4,052.59 $4,255.22 $4,467.98 $4,691.38 $4,925.95 $5,172.25 $5,430.86 annual $48,631.11 $51,062.67 $53,615.80 $56,296.59 $59,111.42 $62,066.99 $65,170.34 Page 5 of 31 Adopted: April 7, 2021 M. 7 Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80025 Accountant -Pqyqy- $26.19 $27.50 $28.88 $30.32 $31.84 $33.43 $35.10 monthly $4,540.23 $4,767.25 $5,005.61 $5,255.89 $5,518.68 $5,794.62 $6,084.35 - ---------------------------------------- annual $54,482.81 $57,206.95 $60,067.30 $63,070.66 $66,224.20 $69,535.41 $73,012.18 42036 Administrative Clerk I hourl $14.03 $14.73 $15.47 $16.24 $17.05 $17.91 $18.80 monthly $2,431.86 $2,553.46 $2,681.13 $2,815.19 $2,955.95 $3,103.74 $3,258.93 annual $29,182.36 $30,641.48 $32,173.56 $33,782.23 $35,471.34 $37,244.91 $39,107.16 42037 Administrative Clerk 11 hourly $15.49 $16.26 $17.07 $17.93 $18.82 $19.77 $20.75 monthly $2,684.33 $2,818.55 $2,959.48 $3,107.45 $3,262.82 $3,425.97 $3,597.26 annual $32,212.01 $33,822.61 $35,513.74 $37,289.43 $39,153.90 $41,111.59 $43,167.17 80039 Assistant Planner hourly $ 26.25 $ 27.56 $ 28.94 $ 30.39 $ 31.91 $ 33.50 $ 35.18 monthl $ 4,550.00 $ 4,777.50 $ 5,016.38 $ 5,267.19 $ 5,530.55 $ 5,807.08 $ 6,097.44 annual $ 54,600.00 $ 57,330.00 $ 60,196.50 $ 63,206.33 $ 66,366.64 $ 69,684.97 $ 73,169.22 80040 Associate Enqineer hourly $31.28 $32.84 $34.48 $36.21 $38.02 $39.92 $41.91 monthly $5,421.29 $5,692.35 $6,275.82 $6,589.61 $6,919.09 $7,265.05 annual $65,055.48 $68,308.25 $71,723.661 r $75,309.85 $79,075.34 $83,029.11 $87,180.56 80058 ................................................................................................................................................................... Associate Planner hourly $30.19 $31.70 $33.29 $34.95 $36.70 $38.53 $40.46 monthil $5,233.24 $5,494.90 $5,769.65 $6,058.13 $6,361.04 $6,679.09 $7,013.05 annual $62,798.91 $65,938.86 $69,235.80 $72,697.59 $76,332.47 $80,149.09 $84,156.55 80073 Buildinq Inspector hourly $25.62 $26.90 $28.24 $29.65 $31.14 $32.69 $34.33 monthly $4,440.26 $4,662.28 $4,895.39 $5,140.16 $5,397.17 $5,667.03 $5,950.38 annual $53,283.17 $55,947.33 $58,744.69 $61,681.93 $64,766.02 $68,004.32 $71,404.54 80062 $18.54 $19.46 $20.44 $21.46 $22.53 $23.66 $24.84 a thly monthl $3,213.00 $3,373.65 $3,542.33 $3,719.45 $3,905.42 $4,100.69 $4,305.73 annual $38,556.00 $40,483.80 $42,507.99 $44,633.39 $46,865.06 $49,208.31 $51,668.73 80033 Community Enhancement Officer hourly $22.09 $23.19 $24.35 $25.57 $26.85 $28.19 $29.60 monthly .... $3,828.77 $4,020.21 $4,221.22 $4,432.28 $4,653.90 $4,886.59 $5,130.92 annual $45,945.29 $48,242.55 $50,654.68 $53,187.41 $55,846.78 $58,639.12 $61,571.08 Page 6 of 31 Adopted: April 7, 2021 -------------------------------------------------------------------------------- -- t . ......................... = ................................................... = ................................... ........................ i . ........... ===i . .. . . . . . .. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . -.L . .. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80065 Communitv Enhancement Supervisor __�Tqnthl annual a $28.95 $5,018.68 $60,224.10 $30.40 $5,269.61 $63,235.31 �3 1,9=21 �5,6533.091 -- T $66,397.08 $33.52 $5,809.74 - — - - 69,716.93 $35.19 $6,100.23 - - - --------- -------- $73,202.78 $36.95 $6,405.24 $76,862.91 $38.80 $6,725.51 $80,706.06 80024 Community Services Supervisor hourly $ 32.29 $ 33.90 $ 35.60 $ 37.38 $ 39.25 $ 41.21 $ 43.27 monthly $ 5,596.62 $ 5,876.45 $ 6,170.27 $ 6,478.78 $ 6,802.72 $ 7,142.86 $ 7,500.00 annual $ 67,159.39 $ 70,517.36 $ 74,043.23 $ 77,745.39 $ 81,632.66 $ 85,714.29 $ 90,000.01 Page 7 of 31 Adopted: April 7, 2021 M. 7 Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 42048 Construction Clerk AQ � I y- $17.09 $17.95 $18.85 $19.79 $20.78 $21.82 $22.91 monthly $2,963.03 $3,111.18 $3,266.74 $3,430.08 $3,601.58 $3,781.66 $3,970.74 annual $35,556.34 $37,334.16 $39,200.87 $41,160.91 $43,218.96 $45,379.91 $47,648.90 80077 Engineerin- Assistant hourly $24.95 - - - -------- . . ...... $26.19 - ------------- - - -- $27.50 - - ---------- $28.88 $30.32 $31.84 - ---------- - - $33.43 -------------- - - -- monthly $4,323.88 $4,540.08 $4,767.08 $5,005.43 $5,255.71 $5,518.49 $5,794.42 annual $51,886.58 $54,480.91 $57,204.96 $60,065.21 $63,068.47 $66,221.89 $69,532.99 42045 Finance Clerk hourly $17.10 $17.96 $18.85 $19.80 $20.79 $21.83 $22.92 monthly $2,964.29 $3,112.51 $3,268.13 $3,431.54 $3,603.12 $3,783.27 $3,972.44 annual $35,571.52 $37,350.10 $39,217.60 $41,178.48 $43,237.41 $45,399.28 $47,669.24 80026 Housinq Inspector hourly $22.09 $23.19 $24.35 $25.57 $26.85 $28.19 $29.60 monthl $3,828.77 $4,020.21 $4,221.22 $4,432.28 $4,653.90 $4,886.59 $5,130.92 annual $45,945.29 $48,242.55 -150,654.68 $53,187.41 $55,846.78 $58,639.12 $61,571.08 42050 jtqys�inq al!s /Y $17.09 $17.95 $18.85 $19.79 $20.78 $21.82 $22.91 monthly $2,963.03 $3,111.18 $3,266.74 $3,430.08 $3,601.58 $3,781.66 $3,970.74 annual $35,556.34 $37,334.16 $39,200.87 $41,160.91 $43,218.96 $45,379.91 $47,648.90 42049 Housinq Technician hourl $15.54 $16.31 $17.13 $17.99 $18.89 $19.83 $20.82 monthl $2,693.16 $2,827.81 $2,969.21 $3,117.67 $3,273.55 $3,437.23 $3,609.09 annual $32,317.88 $33,933.78 $35,630.47 $37,411.99 $39,282.59 $41,246.72 $43,309.06 42020 Specialist /Y $17.10 $17.96 $18.85 $19.80 $20.79 $21.83 $22.92 _Irpagin monthly $2,964.29 $3,112.51 $3,268.13 $3,431.541 $3,60Y 12 $3,783.27 $3,972.44 annual $35,571.52 $37,350.10 $39,217.60 $41,178.48 $43,237.41 $45,399.28 $47,669.24 80070 Information SVstems Supervisor hourly $37.92 $39.82 $41.81 $43.90 $46.10 $48.40 $50.82 $6,573.65 $6,902.33 $7,247.44 $7,609.82. $7,990.31 $8,389.82 $8,809.31 annual $78,883.74 $82,827.93 $86,969.32 $91,317.79 $95,883.68 $100,677.86 $105,711.76 80043 Information Svstems Support Technician ourly $20.95 $22.00 $23.10 $24 $25.46 $26.74 $28.07 $3,631.17 $3,812.73 $4,003.36 $4,203.53 $4,413.71 $4,634.39 $4,866.11 annual U 3,574.03 $45,752.73 $48,040.37 $50,442.39 $52,964.51 $55,612.73 $58,393.37 Page 8 of 31 Adopted: April 7, 2021 �IMIGI Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80037 Manaqement Analvst - - - - -- - ---------------------------------------------- hourly - -- - - - --------------- $27.05 $28.41 - $29.83 - ------- - $31.32 $32.88 $34.53 $36.25 monthly $4,689.22 $4,923.68 $5,169.86 $5,428.35 $5,699.77 $5,984.76 $6,284.00 annual $56,270.58 $59,084.11 $62,038.32 $65,140.24 $68,397.25 $71,817.11 $75,407.97 80069 - --------------- JM�an�ent Assistant hourly $25.21 - ------- - $26.47 - $27.80 - - - - -------- - - ------ $29.19 $30.64 $32.18 - - - - ----------- - - - - - - --------------------$33.79 monthl $4,369.92 $4,588.42 $4,817.84 $5,058.73 $5,311.67 $5,577.25 $5,856.12 annual $52,439.10 $55,061.05 $57,814.11 $60,704.81 . ....... ... $63,740.05 . ..... $66,927.05 $70,273.41 . ..... 80052 Payroll Specialist $21.98 $23.08 $24.23 $25.44 $26.72 $28.05 $29.45 monthl $3,809.70 $4,000.19 $4,200.19 $4,410.20 $4,630.71 $4,862.25 $5,105.36 annual $45,716.40 $48,002.22 $50,402.33 $52,922.45 $55,568.57 $58,347.00 $61,264.35 80051 Proqrarn Coordinator hourly $21.44 $22.51 $23.63 $24.82 $26.06 $27.36 $28.73 �month�l $3,715.71 $3,901.49 $4,096.57 $4,301.40 $4,516.47 $4,742.29 $4,979.40 annual $44,588.48 $46,817.91 $49,158.80 $51,616.74 $54,197.58 $56,907.46 $59,752.83 80031 Proqrarn Supervisor - - ----------- hour1V $27.06 $28.42 $29.84 $31.33 $32.90 $34.54 $36.27 monthl $4,690.89 $4,925.43 $5,171.70 $5,430.29 $5,701.80 $5,986.89 $6,286.24 annual $56,290.66 $59,105.19 $62,060.45 $65,163.47 $68,421.65 $71,842.73 $75,434.87 80081 Program Supervisor Y -Rated A houriv $36.85 monthl 387.17 ----------------------- annual $76,646.02 80019 Recreation & Community Operations Sype�iso�r hourly $34.40 $36.12 $37.93 $39.83 $41.82 $43.91 $46.10 !mp go nq tTh T/ $5,963.40 $6,261.57 $6,574.65 $6,903.38 $7,248.55 $7,610.98 $7,991.53 annual $71,560.79 $75,138.83 $78,895.77 $82,840.56 $86,982.59 $91,331.72 $95,898.31 80035 Senior Finance Clerk hourIV $20.93 $21.97 $23.07 $24.22 $25.44 - --------- $26.71 $28.04 monthl $3,627.17 $3,808.53 $3,998.96 $4,198.90 $4,408.85 $4,629.29 $4,860.76 annual $43,526.05 $45,702.35 $47,987.47 $50,386.85 $52,906.19 $55,551.50 $58,329.07 42052 Senior Housinq Specialist 'ho"U" 6-7 $22.76 $23.90 $25.09 $26.34 $27.66 $29.04 -- - -- - -------- monthl $3,756.77 $3,944.61 $4,141.84 $4,348.93 $4,566.38 $4,794.70 $5,034.43 annual $45,081.27 $47,335.33 $49,702.10 $52,187.20 $54,796.56 $57,536.39 $60,413.21 Page 9 of 31 Adopted: April 7, 2021 Page 10 of 31 Adopted: April 7, 2021 Mrc Number Title Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 40061 Equipment Mechanic hourly $20.81 $21.85 $22.94 $24.09 $25.29 $26.55 $27.88 monthl $3,606.37 $3,786.69 $3,976.03 $4,174.83 $4,383.57 $4,602.75 $4,832.89 annual $43,276.48 $45,440.30 $47,712.32 $50,097.93 $52,602.83 $55,232.97 $57,994.62 . ..................... 40054 - ---------------------------------------------- . ..... Maintenance Worker I hourly $17.54 ............ $18.41 $19.33 ........... - ------ - ----- I - ------- $20.30 $21.31 $22.38 $23.50 monthl $3,039.46 $3,191.43 $3,351.00 $3,518.55 $3,694.48 $3,879.20 $4,073.16 ----------- annual - - - -----$36,473.49 $38,297.16 $40,212.02 $42,222.62 $44,333.75 $46,550.44 $48,877.96 40055 Maintenance Worker 11 hourly $19.29 $20.25 $21.27 $22.33 $23.45 $24.62 $25.85 monthl $3,343.46 $3,510.63 $3,686.16 $3,870.47 $4,063.99 $4,267.19 $4,480.55 - ----------- annual $40,121.50 $42,127.57 $44,233.95 $46,445.65 $48,767.93 $51,206.33 $53,766.64 40053 Senior Equipment Mechanic hourly $22.89 $24.03 $25.23 $26.49 $27.82 $29.21 $30.67 monthly $3,966.99 $4,165.34 $4,373.61 $4,592.29 $4,821.91 $5,063.00 $5,316.15 annual $47,603.93 $49,984.13 $52,483.33 $55,107.50 $57,862.87 $60,756.02 $63,793.82 40060 Senior Maintenance Worker hourly $21.29 $22.36 $23.47 $24.65 $25.88 $27.17 $28.53 --- - - ------ monthl $3,690.59 $3,875.12 $4,068.88 $4,272.32 $4,485.94 $4,710.24 $4,945.75 annual $44,287.14 $46,501.49 $48,826.57 $51,267.89 $53,831.29 $56,522.85 $59,349.00 Senior Maintenance Worker Y -Rated hourly $39.18 monthl -M�hl $6,790.77 annual $81,489.29 . ............. 40062 Street Sweeper Operator hourIV $19.77 $20.76 $21.80 $22.891 $24.03 $25.23 $26.50 �Tonthly $3,427.02 $3,598.37 $3,778.29 $3,967.20 $4,165.56 $4,373.84 $4,592.53 annual $41,124.20 $43,180.41 $45,339.43 $47,606.40 $49,986.72 $52,486.05 $55,110.36 Page 11 of 31 Adopted: April 7, 2021 W -W Number Title Step I Step 2 Step 3 Step 4 Step 5 51047 Civilian Dispatcher hourly $23.30 $24.46 $25.68 $26.97 $28.32 monthl $4,038.10 $4,240.00 $4,452.00 $4,674.60 $4,908.33 --------------------------------------------------------- --------- annual - ------------------------ - $48,457.18 $50,880.04 $53,424.04 $56,095.24 $58,900.01 ........................................ 51064 Civilian Dispatcher Supervisor hourly . ............... $31.15 . ...... ---- ................ $32.71 $34.35 $36.06 $37.87 monthl $5,399.96 $5,669.96 $5,953.46 $6,251.13 $6,563.69 annual $64,799.54 $68,039.52 $71,441.49 $75,013.57 $78,764.24 51029 Commuanit�Seryice Officer hourly $23.86 $25.05 $26.30 $27.62 $29.00 monthl $4,135.31 $4,342.08 $4,559.18 . . . ... . ..... $4,787.14 $5,026.50 annual $49,623.78 $52,104.96 $54,710.21 $57,445.72 $60,318.01 51041 Parkinq Enforcement Officer ..... hourly ............................................... . $23.86 $25.05 $26.30 $27.62 $29.00 monthly $4,135.31 $4,342.08 $4,559.18 $4,787.14 $5,026.50 annual $49,623.78 $52,104.96 $54,710.21 $57,445.72 $60,318.01 50076 ----------- Police Officer hourly $36.35 $38.17 $40.08 $42.08 $44.19 monthly $6,300.96 $6,616.01 $6,946.81 $7,294.15 $7,658.85 annual $75,611.50 $79,392.07 $83,361.68 $87,529.76 $91,906.25 51039 Police Records Specialist I hourly $17.49 $18.36 $19.28 $20.25 $21.26 monthl $3,031.58 $3,183.16 $3,342.32 $3,509.44 $3,684.91 annual $36,378.99 $38,197.94 $40,107.84 $42,113.23 $44,218.89 51040 Police Records Specialist 11 hoyq $19.30 $20.27 - - - ------ - $21.28 $22.35 $23.46 monthly $3,346.12 $3,513.43 $3,689.10 $3,873.55 $4,067.23 annual $40,153.44 $42,161.11 $44,269.17 $46,482.63 $48,806.76 52085 Police SeTeant .............. hourly $45.54 $47.82 $50.21 $52.72 $55.36 monthly $7,894.08 $8,288.78 $8,703. $9,138.38 $9,595.30 annual $94,728.91 $99,465.36 $104,438.62 $109,660.55 $115,143.58 51062 Police Technician hourly $24.67 $25.90 $27.20 $28.56 $29.98 Fanmon=thly $4,275.62 $4,489.40 $4 ' 713 ' 87 $4,949.56 $5,197.04 n , ual u� $51,307.39 $53,872.76 $56,566.39 $59,394.71 $62,364.45 Page 12 of 31 Adopted: April 7, 2021 Job Number Title 51071 Public Safetv Trainee 51065 1 Records Suoervisor annual Step 1 $27.13 4,701.98 6,423.71 Step 2 Step 3 Step 4 Step 5 9- —Uryl - ---------------------------- $28.59 $30.02 $31.52 $33.09 $34.75 monthl 954.87 $5,202.62 $5,462.75 $5,735.89 $6,022.68 annual $59.458.49 $62.431.42 $65.552.99 $68,830.64 $72,272.17 Page 13 of 31 Adopted: April 7, 2021 Job Number Title Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 30089 11 Police Commander hourly $55.82 $58.61 $61.54 $64.62 $67.85 $71.25 $74.81 monthl -------------- ------------------------------------------------------------ ....�hi �_ $9,675.93 $10,159.72 --- $10,667.71 $11,201.09 $11,761.15 . .... — $12,349.21 — ---- . . . . .............. $12,966.67 . annual $116,111.12 $121,916.68 $128,012.51 $134,413.14 $141,133.79 $148,190.48 $155,600.01 Page 14 of 31 Adopted: April 7, 2021 Range Number Title Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1 Cashier hourly $13.00 $13.26 1$13.53 $13.80 $14.07 $14.35 $14.64 Youth Employment Participant hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 PT2 Recreation Leader I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Nutrition Assistant hourly $13.26 $13.53 $13.80 $14.07 1$14.35 1$14.64 $14.93 Office Clerk I hourly $13.26 $13.53 $13.80 $14.07 1$14.35 $14.64 $14.93 PT3 hourly $13.53 _$13.80 $14.07 $14.35 $14.64 _$14.93 $15.23 PT4 Leader 11 hourly $13.80 $14.07 1$14.35 1$14.64 $14.93 $15.23 _r$15 5-4 --,Recreation Office Clerk 11 hourly $13.80 $14.07 $14.35 1$14.64 . . .............................. 1$14.93 [ ................. '$15.23 $15.54 PT5 Intern hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.r�A $15.85 Police Cadet hourly $14.07 _$14.35 $14.64 $14.93 _$15.23 $15.54 $15.85 PT6 Recreation Leader III hourly $14.35 $14.64 $14.93 $15.23 $15.54 1$15.85 $16.16 PT7 Department Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Computer Assistant hourly $14.64 $15.23 $15.54 1 $15.85 $16.16 $16.49 Ma intenance Assistant _$14.93 hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 - -------------- PT8 - Recreation Leader IV -------------- hourly $14.93 _$15.23 $15.54 $15.85 $16.16 AQ $16-9 $16.82 PT9 Maintenance Assistant 11 hourly "15.23 _$15.54 $15.85 $16.16 116.49 $16.82 $17.15 PT1 0 Recreation Leader V hourly $15.54 $15.85 �$16.16 $16.49 �$16.82 1$1-7.15- 1$17.50 - - - -------------------------- Assistant Boxing Coach -- ------------- hourly $15.54 1$15.85 $16.16 $16.49 �$16.82 �$17.15 $17.50 Fleet Assistant hourly $15.54 $15.85 $16.16 $16.49 $16.82 1$17.15 $17.50 Building Aide hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 PT1 1 Lifeguard hourly $15.85 $16.16 $16.49 - - - - - - - - - - - - - - - ____ - - - - - - - - - - - - - $16.82 - $17.15 - - - - - - - - - - - $17.50 $17.85 - - - - - - - - - - - - - - - PT1 2 . . . . . . . . . . . . . . Water Safety Instructor hourly $16.16 $16.49 $16.82 1$17.15 $17.50 i $17,5 $18.20 PT11 3 Fleet Assistant 11 hourly $16.49 $16.82 $17.15 -- - - - -------- $17.50 - --- ��$17.85 - --------- - - -------- �$18.20 1$18.57 --- - - - ------------ Page 15 of 31 Adopted: April 7, 2021 ----------------- :::::i -------- --------------- F- Part-Time Employees ---------- $20.91 ------------------------ - -------------------------- $22.19 PT14 Swim Coach hourly 1$16.82 $17.15 1$17.50 1$17.85 $18.20 $18.57 1$18.94 Police Specialist hourly $16.82 1$17.15 1$17.50 �$17.85 $18.20 �$18.57 $18.94 hourly $20.91 $21.33 Computer Specialist hourly $16.82 1$17.15 $17.50 �$17.85 �$18.20 1$18.57 $18.94 ------------------------------ Program Specialist I - ------- --- hourly $16.82 $17.15 $17.50 $17.85 $18.20 I $18.57 $18.94 - ----------------- Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 . . PT15 . ........... . . .... . ....................................... ................................................... ................................................................. hourly $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 PT16 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 18,94 $18.94 $19.32 $19.70 Planning Technician hourly $17.50 1$17.85 $18.20 $18.57 1 8 .94 $18.94 1$19.32 �$19.70 Community Enhancement Technician 7 50 hourly $17.50 1 7 85 $17.85 $18.20 $18.57 1 8 .94 $18.94 i 1$19.70 Parking Enforcement Officer --- 17 50 hourly $17.50 $1 1 7 8 5 $17.85 $18.20 $18.57 $1 8 .94 $18.94 _1$19.32 1$19.32 $19.70 PT17 Program Specialist 11 1 7 85 hourly $17.85 $18.20 0 M$182 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist 11 hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 ............................................................................................... Rehabilitation Housing Specialist hourly $17.85 $18.20 $18.57 $18.94 $19.32 �$19.70 $20.10 PT18 ------------- Head Boxing Coach hourly $18.20 - ----------- - - $18.57 $18.94 $19.32 1 c"I 9.70 $20.10 - - $20.50 - - - - ----------------------------------- PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $20.10 $20.50 $20.91 Finance Generalist hourly $18.57 $18.94 $19.32 _�$19.70 1$19.70 $20.10 $20.50 $20.91 Housing Generalist hourly $18.57 18 P7 $18.94 1$19'19 19.70 $20.10 1$20.50 1$20.91 - - --------------- A�iu'atic Manager ---------------------------------- hourly $18.57 ---------------------- $18.94 $19.32 $19.70 ----------- $20.10 .......... �$20.50 ----------- $20.91 - --- ----------------- PT20 Domestic Violence Advocate hourly $ 18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 hourly $19.32 �$19.70 j$20.10 1$20.50 1$20.91 1$21.33 �$21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 21.33 21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 PT24 hourly $20.50 $20.91 $21.33 1.75 �__J$22.19 $22.63 ------------ $23.09 . . . . . . . .......................... PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 1$22.19 $22.63 $23.09 $23.55 PT26 - ------------ ------ - --------------------------------- hourly $21.33 $21.75 - - - ---------- $22.19 63 --------------- $23.09 --------- 1$23.55 - ------------- $24.02 - - ----------- Page 16 of 31 Adopted: April 7, 2021 PT27 -------------- --------------------------------------------------------------------------------- hourly ------------------------- - - $21.75 $22.19 ----------- $22.63 --------------- $23.09 $23.55 $24.02 PT28 hourly tEEE;: 122.19 $ �2.63 �� $23.09 $23.55 $24.02 $24.50 24.99 Page 17 of 31 Adopted: April 7, 2021 - ---------------------- PT29 Civilian Dispatcher --------------------------------- -- hourly $22.63 I $23.09 I $23.55 $24.02 $24.50 24.99 I $25.49 PT30 Reserve Police Officer hourly $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 $26.00 CITY OF BALDWIN PARK Range Number Title Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1 Cashier hourly )7 $14.35 $14.64 Youth Employment Participant hourly 37 $14.35 $14.64 PT2 Recreation Leader I hourly �14.07 $14.35 $14.64 $14.93 - --------------- - - -------------------------------------- Nutrition Assistant ---- hourly �14.07 -114.35 $14.64 $14.93 hourly ........... �14.07 $14.35 ---------- $14.64 $14.93 PT3 hourly )7 14.35 $14.64 $14.93 $15.23 PT4 Recreation Leader 11 hourly $14.07 1$14.35 $14.64 $14.93 �$15.23 $15.54 - -------------- Office Clerk 11 ---------------------------------- hourly -------------------- $14.07 $14.35 - - ------------ $14.64 - 1$14.93 ------------- - ------- ---- - ------------ $15.23 - - -- $15.54 - --- - - ---------------------- PT5 Intern hourly $14.07 $14.35 $14.64 $14.93 �$15.23 1$15.54 $15.85 Police Cadet hourly $14.07 $14.35 $14.64 $14.93 1$15.23 $15.r�A $15.85 PT6 Recreation Leader III . ... ... ... ... ... ... hourly $14.35 $14.64 $14.93 ----------- $15.23 $15.54 ------------ -------------- $15.85 $16.16 ---------------- PT7 ...................................................................................... Department Assistant hourly $14.64 $14.93 $15.23 $15.54 �$15.85 $16.16 $16.49 Computer Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Maintenance Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 A a $16, PT8 Recreation Leader IV hourly $14.93 $15.23 $15.54 $15.85 $16.16 _1$16.49 $16.82 PT9 Maintenance Assistant 11 hourly $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 'P -T10 "'-'R�e-creafio�'Ee`aderV---' hourly $15.54 $1 5 $15.85 $' 1$16.16 $16.49 $16.82 $17.15 $17.50 Assistant Boxing Coach hourly $15.54 $1 5.54 $15.85 $16.16 $16.49 $16.82 1$17.15 $17.50 Fleet Assistant hourly-f$�-1­5.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Building Aide hourly $15.54 $15.85 $16.16 $16.49 $16.82 �$17.15 $17.50 PT1 1 Lifeguard hourly $15.85 $16.16 1$16.49 $16.82 $17.15 1$17.50 1$17.85 Page 18 of 31 Adopted: April 7, 2021 PT1 2 Water Safety Instructor ------------------------------------------- hourly $16.16 ----------- $16.49 $16.82 ----------- $17.15 $17.50 $17.85 -- - --- $18.20 PT11 3 Fleet Assistant 11 hourly $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 PT14 Swim Coach hourly $16.82 $17.15 1$17.50 �$17.85 $18.20 $18.57 1$18.94 --------- - --- ------------------------ PT21 Police Specialist Lhourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT22 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 - ---------------- - ----------------------------------- Program Specialist I hourly $1 C.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT24 Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT11 5 ... . ........ hourly $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 PT1 6 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Planning Technician ,6-o," .... ...... hourly $17.50 ourly $1 . ----------- $17.85 �$18.20 $18.57 1$18.94 1$19.32 1$19.70 m-munity Enhancement Technician hourly $17.50 $17.85 $18.20 �$18.57 $18.94 1$19.32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 $18.20 1$18.57 $18.94 $19.32 $19.70 PT1 7 Program Specialist 11 hourly $17.85 $18.20 $18.57 1$18.94 $19.32 1$19.70 $20.10 Housing Specialist 11 hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Specialist hourly $17.85 ----------- $18.20 $18.57 18.94 $19.32 $19.70 $20.10 PT11 8 Head Boxing Coach hourly $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 PT1 9 j Human Resources Generalist L c n!raL L hourly $18.5-7 $18.94 1$1 9.3T2- 20.10 1$20.50 1$20.91 Finance Generalist �a i c �e e hourly $18.57 �j $18.94 1$19.32 $19 -7n "*20.10 $20.50 1$20.91 _ Housing Generalist e al st ---------------------- hourly $18.57 1$18.94 1$19.32 �$19.70 $20.10 j$20.50 1$20.91 Aquatic Manager hourly $18.57 1$18.94 1$19.32 �$19.70 1 $20.10 1$20.50 1$20.91 PT20 Domestic Violence Advocate hourly $18.94 $19.32 j$19.70 ---T---- ------------ 1$20.10 - ------- 20.91 - $21.33 -------- --------- --------- - --- ------------------------ PT21 ------------------ hourly $19.32 ---------- $19.70 $20.10 $20.50 1$20.91 1$21.33 $21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 - ------------ $20.91 $21.33 -------- .... �$21.75_ $22.19 -------------- $22.63 PT24 hourly $20.50 $20.91 $21.33 1$21.75 $22.19 $22.63 $23.09 PT25 Sign Language Interpreter hourly $20.91 $21.33 1$21.75 1$22.19 - - ---------- $22.63 ------------- 1$23.09 ----------------- $23.55 - - - -- - ---------- Page 19 of 31 Adopted: April 7, 2021 Page 2Oof31 Adopted: April 7.2021 Civilian Dispatcher -------------------------------- hourly $22.63 $23.09 $23.55__�$24.02 $25.49 PT30 Reserve Police Officer ------------- hourly $23.09 $23.55 1$24.02 1�24.50 $24.99 $25.49 $26.00 Page 2Oof31 Adopted: April 7.2021 4204 ITEM NO. 11 STAFF REPORT XLD TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Development SAN,zdASR-1EL PREPARED BY: Carol Averell, Housing Manager ""VALLEY"", DATE: April 7, 2021 SUBJECT: FY 2021-22 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing SUMMARY For the City Council to hold the first of two required public hearings to receive public input regarding the FY 2021-22 Annual Action Plan. RECOMMENDATION Staff recommends that the Mayor and City Council: 1. Conduct a public hearing to consider the city's housing and non -housing community development needs for the preparation of the FY 2021-22 Annual Action Plan. 2. Following the public hearing, receive and file this report, any comments made by the Mayor, City Council, and/or residents during the public hearing, for inclusion in the Fiscal Year 2021- 22 Annual Action Plan. FISCAL IMPACT There is no fiscal impact to the General Fund as the City Council is only being requested to open the public hearing to receive comments from the community and other interested parties or persons on housing and community development needs for Fiscal Year 2021-22. BACKGROUND Each year, the City prepares an Annual Action Plan (Plan), which describes how the City will spend its federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) funds that it expects to receive from the U.S. Department of Housing and Urban Development (HUD). Part of the Plan is an assessment of housing and community development needs. These needs were first identified in the City's Five -Year Consolidated Plan (2020-24), which is a strategic framework for the City's housing and community development goals over a five-year period. The Consolidated Plan sets the vision for allocating federal resources to housing, homelessness, community development, and special needs in the community. In establishing five-year priorities for assistance with CDBG and HOME funds, the City of Baldwin Park took several factors into consideration: 1) those households most in need of housing and community development assistance, as determined through the Consolidated Plan needs assessment, consultation, and public participation process; 2) which activities would best meet the needs of those identified households; and 3) the extent of other non- federal resources and programs available to address those needs. In accordance with federal regulations, tonight's public hearing serves to solicit further public comment on the use of CDBG and HOME funds and is the first of two public hearings slated during the 2020-21 Annual Action Plan process. Residents are encouraged tonight to offer their views on Baldwin Park's housing and community development needs. Specifically, the public hearing serves to obtain the opinions of residents in connection with housing and homeless housing needs, as well as public services, public facilities, infrastructure and economic development needs. The Mayor and City Council are also asked to make their comments on these needs. It is important to remember that during preparation of the 2020-24 Consolidated Plan, staff conducted a series of workshops and community surveys between December 2018 and September 2019, to identify the community's priorities for the investment of CDBG and HOME programs. The results of the City's 2020-2024 Consolidated Plan Needs Assessment Survey, housing and community development data elements from the 2011-2015 American Community Survey (ACS) five-year estimates, the Comprehensive Housing Affordability Strategy (CHAS) covering the same time period, ESRI Economic Data, and the 2019 Point -in -Time Count were taken into consideration in the preparation of the 2020- 2024 Consolidated Plan. HUD requires cities to hold a public hearing to ascertain whether the public feels the needs or priorities of how CDBG and HOME money are being spent, needs to be changed. This public hearing achieves that goal. Community Development and Housing Priorities, Goals, and Implementing Programs Established in 2020-2024 Consolidated Plan The City's 2020-2024 Consolidated Plan identified the following community development and housing priorities, goals, and implementing programs which serve as the basis for future project development and funding: Priority 1. Expand the supply of affordable housing Goal: Affordable Housing Development Implementing Programs: V Acquisition/Rehabilitation/New Construction of Affordable Housing Priority 2. Preserve the supply of affordable housing Goal: Housing Preservation Implementing Programs: Home Improvement Grant Program Home Improvement Loan Program Priority 3. Ensure equal access to housing opportunities Goal: Fair Housing Services Implementing Programs: v/ Fair Housing Services Program Priority 4. Provide neighborhood services, community facilities and infrastructure improvements Goal: Neighborhood Services Implementing Programs: V Code Enforcement V Public Facility Improvements v/ Infrastructure Improvements Priority 5. Provide public services for low-income residents �� Goal: Public Services for Low- and Moderate -Income Residents Implementing Programs: V Church of the Redeemer Food Bank V Family Service Center v/ Baldwin Park Police Department Pride Platoon Recreation/S ports Scholarship Program St. John's Church Social Services Youth Employment Program Graffiti Removal Priority 6: Provide public services for residents with special needs Goal: Special Needs Services Implementing Programs: V Domestic Violence Advocate ,/ YWCA of San Gabriel Valley Priority 7: Prevent and eliminate homelessness �, Goal: Homeless Prevention Implementing Programs: ,/ East San Gabriel Valley Coalition for the Homeless Priority 8: Section 108 Loan Repayment Goal: Community Facilities, Infrastructure, and Section 108 Debt Service Implementing Programs: ,/ Section 108 Loan Repayment Priority 9: Special Needs Non -Homeless Facilities and Infrastructure Improvements Goal: Special Needs Non -Homeless Public Facilities Implementing Programs: V TBD Non -Homeless Special Needs Public Facility Improvement Projects Community Development Block Grant (CDBG) Funding The CDBG program provides annual grants on a formula basis to local governments to implement a wide variety of community development and housing activities set forth under 24 CFR Part 570. The overriding purpose of the CDBG program is to support "bricks and mortar" activities e.g., acquisition, rehabilitation and preservation, and public improvements and facilities. For fiscal year 2021-22, the City of Baldwin Park estimates that it will have just over $1.2 million in federal CDBG funds, including unallocated prior year funds carried forward. HOME Investment Partnership Act (HOME) Funding The HOME Program is the largest Federal block grant to State and local governments designed exclusively to create affordable housing for low-income households. HOME funds are provided as formula grants to be used for home purchase, repairing rental or ownership properties, site acquisition, demolition of dilapidated housing to make way for HOME -assisted development, and payment of relocation expenses. In FY 2021-22, the City of Baldwin Park estimates that it will have $2.5 million in federal HOME funds, including unallocated prior year funds carried forward. FY 2021-22 Annual Action Plan Schedule The distribution of CDBG and HOME funds to city departments and non-profit organizations, occurs each year starting in February as a three-step process, shown below. Step 1: Needs and Priorities Public Hearing (April 7, 2021) Step 2: 30 -Day Public Review Period of the Draft FY 2021-22 Annual Action Plan (March 23, 2021 —April 21, 2021) Step 3: Close 30 -Day Public Review Period, Council adoption of Annual Action Plan and all CDBG Funding Requests (April 21, 2021) LEGAL REVIEW No Legal Review is necessary at this time. ALTERNATIVES No alternatives are required. This public hearing is conducted solely to collect comments from Baldwin Park residents and the City Council on housing and community development needs for the development of the FY 2021-22 Annual Action Plan. ATTACHMENTS NONE AGENDA BALDWIN PARK HOUSING AUTHORITY VIRTUAL MEETING April 7, 2021 7:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https,�Lwww.youtube.corpAhanneVUCFLZO dQFRiy59rhiQZ13Eqffeqtured?view qs=subscriber http�ocldwinperk. granicus. comlViewPublisher. php Niew id=10 Audio Streaming Simultaneously in Spanish will be available at: https.-Ilwww.voutube.com/��hannel/UC3bPFBIHcoPIks]X etmGcA $XLD .. .. ....... 0 HU60F X A ?'ED J ANN03 Emmanuel J. Estrada Chair Alejandra Avila Vice Chair Daniel Damian Board Member Monica Garcia Board Member Paul C. Hernandez Board Member PUBLIC COMMENTS COMENTARIOS DEL POBLICO The public is encouraged to address the Se invita al pOblico a dirigirse al Concilio o City Council or any of its Agencies listed cualquiera otra de sus Agencias nombradas en on this agenda on any matter posted on esta agenda, para hablar sobre cualquier asunto the agenda or on any other matter within publicado en la agenda o cualquier tema que est6 its jurisdiction. In accordance with bajo su jurisdicci6n. De acuerdo con e/ capitulo Chapter 39 of the Baldwin Park Municipal 39 del C6digo Municipal de la Ciudad de Baldwin Code, Speakers must address the Park, los comentaros deben se dirigidos al Council as a whole and refrain from Concitio como una sola entidad, y no ser making impertinent, slanderous, or impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of interrumpir la paz de la reuni6n. the meeting. HOUSING AUTHORITY LL I REGULAR VIRTUAL MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Vice Chair Alejandra Avila, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS If you wish to comment, please email your name, City of residence, item number or topic and a phone number where you will be available between the hours of TOO PM to 8:00 PM on April 7, 2021 to comments(a)baldwinoark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 5:00 PM on April 7, 2021. If you are a non-English Speaker and require translation services in another language other than Spanish or si . gn, please indicate your request in your communication 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR 1. Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. PUBLIC HEARING 2. Baldwin Park Housing Authority's Public Housing Agency FY 2021-2022 Annual Plan Staff recommends the Baldwin Park Housing Authority Board: 1. Adopt a Public Housing Agency (PHA) FY 2021-2022 PHA Annual Plan which includes the Enterprise Income Verification (EIV) and the Violence Against Women Act (VAWA) Policies (Attachment 1 "); and 2. Approve Resolution No. HA -2021-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "2"). ADJOURNMENT CERTIFICATION 1, Marlen Garcia, Secretary of the Housing 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 1st day of April, 2021. OnAh,.VAWZ Marlen Garcia, 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, 2n' 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 lmoLaies@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 ITEM NO. 1 Honorable Chair and Board Members of the Housing Authority Rose Tam, Director of Finance April 7, 2021 Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $493,885.91. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The February 23 to March 29, 2021 Warrant check numbers from 72409 through 72417 in the amount of $2,404.42 and Automated Clearing House (ACH) in the amount of $491,481.49 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH TO: .......... ""6RIEL FROM: DATE: JANO SUBJECT: ITEM NO. 1 Honorable Chair and Board Members of the Housing Authority Rose Tam, Director of Finance April 7, 2021 Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $493,885.91. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The February 23 to March 29, 2021 Warrant check numbers from 72409 through 72417 in the amount of $2,404.42 and Automated Clearing House (ACH) in the amount of $491,481.49 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH Check Register Report 312912021 Date Range: 02/23/2021 ... 03/29/2021 VMS Date Range: ... Program: 1 -Housing Choice Voucher Payment Type: Check Numbers: Direct Deposit: Check Cleared: Port Status: Zero HAPs� Voided Payments: Held Checks: Exclude Direct Deposit All Include Port Ins Include Zero HAPs Include Voided Payments Exclude Held Checks Grouped by Sorted by� Program and Increment Check Number Housing Choice Voucher V'Check Number Check Date VMS Date Payee Name DID Amount E372409 03/01/2021 03/01/2021 Bertha Cedillo El $72.00 072410 03/01/2021 03/01/2021 Vanessa G Ross El $22,00 072411 03/01/2021 03/01/2021 Ruth Y Lopez 1:1 $2.00 [172412 03/01/2021 03/01/2021 Adriana Romo 13 $38.00 L3 72413 03/01/2021 03/01/2021 Valerie Lorraine Casanova El $28.00 0 72414 03/01/2021 03/01/2021 Francesca Darlene Milton El $5.00 0 72415 03/01/2021 03/01/2021 Nora M. Aguila 0 $12.00 El 72416 03/01/2021 03/0112021 Eternal Link LLC 1:1 $1506.00 [:172417 03/0112021 03/01/2021 City of Carlsbad 1:1 $719,42 Housing Choice Voucher Total $2,404.42 Average $240.44 Unit Count 2 Average Weighted by Unit Count $1,091.00 Hard to House Count Copyright @ 2011-2021, HAPPY Software, Inc, Check Register Report YR 03/29/2021 Page I Check Register Report 3/2912021 Date Range: 02/23/2021 ... 03/29/2021 VMS Date Range: ... Program: 1 -Housing Choice Voucher Payment Type: Check Numbers'. Direct Deposit: Include Direct Deposit Check Cleared: All Port Status: Include Port Ins Zero HAPs-, Include Zero HAPs Voided Payments: Include Voided Payments Held Checks: Exclude Held Checks Housing Choice Voucher VCheck Number Check Date VMS Date Grouped by: Sorted by: Payee Name Program and Increment Check Number DD Amount 24890 0310112021 0310112021 Y & H Investment, Inc. $1412,00 24891 03/01/2021 03/01/2021 Eunice Property, LLC $1173.00 El 24892 03101/2021 03101/2021 Dimitris Papadopoulous $840.00 F-1 24893 03/01/2021 03/01/2021 Wilson Apartment Associates L.R $3126.00 F-1 24894 03101/2021 03/01/2021 Monet Huong Nguyen $2070.00 [124895 03/01/2021 03/0112021 ASCENSION HOLDINGS LLC $1081,00 El 24896 03/01/2021 03/0112021 Tom Cinquegrani $1070.00 El 24897 03101/2021 03/01/2021 Mark T Fernandez $1292.00 [124898 0310112021 03/01/2021 Melody (Muoi) Dao $1328.00 El 24899 03/01/2021 03/01/2021 John W, Ruwitch and Anh Lam Truong $1267.00 El 24900 03/0112021 03/01/2021 SAE GROUP, LLC $1537.00 [__1 24901 03/01/2021 03/01/2021 We! Zhen Su $755.00 El 24902 03/0112021 03/01/2021 Mallorca Apartments, LTD $1238.00 El 24903 03/01/2021 03/01/2021 The Sam Gurfinkel and Renee $1306.00 El 24904 03/01/2021 03/01/2021 Michael 1. or Ling Brooks $1`161.00 24905 03101/2021 03/01/2021 Donna J Falls $734.00 24906 03/01/2021 03101/2021 Cipriano Salazar Jr, $1238.00 El 24907 03/01/2021 03/01/2021 Dung Tran $398.00 024908 03/01/2021 0310112021 Monrovia 612, LP $11122.00 Ej 24909 03101/2021 03/0112021 Leslie K Ng $498.00 rl 24910 03/01/2021 03/01/2021 Jun Hua Hu $2096,00 [:124911 03/01/2021 03/01/2021 Peter R Nasmyth $315.00 [124912 03/01/2021 03/0112021 Quoc T. Vo $941.00 024913 03101/2021 03/01/2021 orange County Housing Authority $1426.70 El 24914 03/0112021 0310112021 Lien Diep $1106.00 [:124915 03/01/2021 03/0112021 Rosa Lamas-Serratos $1035.00 [:124916 03/01/2021 03/01/2021 Primrose Villa $4941.00 Lj 24917 03101/2021 03/0112021 Vinh H. Lai $956.00 Ej 24918 03101/2021 0310112021 Malcolm Oso 19 $624.00 El 24919 03/0112021 0310112021 Dieu-Thuy Nu Ton 19 $1546.00 24920 03/01/2021 03/01/2021 Dajojo, LLC 0 $1360.00 24921 0310112021 03/01/2021 Lan Hua Mi Ku 0 $786.00 Copyright@ 2011-2021, HAPPY Software, Inc. Check Register Report YR 03/2912021 Page 1 I 024922 03/01/2021 03/01/2021 Maria Luz Rodriguez $1353.00 M 24923 03/01/2021 03/01/2021 Dinghwa Eddy Liu $1672.00 El 24924 03/01/2021 03/01/2021 Billy Theodorakopoulos $1017.00 24925 03101/2021 03/01/2021 Wai Keng Tam $1049.00 24926 03/01/2021 03/01/2021 Don Norwood $1405.00 El 24927 03101/2021 0310112021 Aaron Abdus Shakoor $1244.00 El 24928 03/01/2021 03101/2021 Ana Thai $925.00 F-1 24929 03/0112021 0310112021 Larry Chow $2829.00 El 24930 03/01/2021 03/0112021 Antonio & Aida Rinos $1137.00 n 24931 03101/2021 03/01/2021 T & T Asset Holding, LLC $64.00 El 24932 03/01/2021 03/01/2021 Michael Alfred Alarcon $1324,00 El 24933 03/0112021 03/0112021 Mousa Boushaaya $1177.00 El 24934 03101/2021 0310112021 Tuan Viet Ho $1780.00 [124936 03/01/2021 03/0112021 Carl P Heinzen $1608.00 024936 03/01/2021 03/01/2021 Housing Authority Of The County Of $6210.46 El 24937 03/01/2021 03/01/2021 Jun Ye and Ming Feng $1702,00 [--] 24938 03101/2021 03101/2021 El Monte Housing Partners LP - The $6435.00 024939 03/01/2021 03/01/2021 Joseph T. Tung $1116.00 [124940 03/01/2021 03/01/2021 Alamitas LLC $1156,00 [--124941 03/01/2021 03/01/2021 J,R. Howard Enterprises, Ltd $943.00 0 24942 03/01/2021 03/0112021 Luan Trong Hoang $746.00 [124943 03/01/2021 03/01/2021 Andrew & Eva Fogg $1074.00 El 24944 03/01/2021 03/01/2021 Heritage Park Villas LP $15680.00 El 24945 03/0112021 03/01/2021 Mohamad Tavakkoli $8132.00 El 24946 03/01/2021 03/01/2021 Tyler Court Associates, LIP $539.00 El 24947 03101/2021 03/0112021 Palo Verde Apartments, LP $932.00 El 24948 03101/2021 03/01/2021 Ha X Van $3258.00 024949 03/01/2021 03/01/2021 Chen Jackson $678.00 El 24950 03/0112021 03/01/2021 Philip Tsui $637.00 El 24951 03/0112021 03/01/2021 Paul Yen $336.00 [124952 03/01/2021 03/0112021 Mie Chen $2283.00 C:124953 03101/2021 03/01/2021 Becky Binh Nguyet Luu or Eddie Ma $1627.00 El 24954 03/0112021 03/01/2021 Thomas Pang $1177,00 El 24955 03/01/2021 03/01/2021 Tinh Van Le $738.00 El 24956 03/01/2021 03/01/2021 Everardo Garcia $1390,00 024957 03/01/2021 03/0112021 Ngoc T Lieu $2176.00 24958 031011/2021 03101/2021 Alfred Tai -Kong Ho and Lisa Chen $907.00 24959 03101/2021 03/01/2021 Covina 023 Woods 206 LP clo $983.00 24960 03/01/2021 03/01/2021 Doreen Han $679.00 24961 03/01/2021 03/01/2021 Roland Wlekamp $1296.00 24962 03/01/2021 03/01/2021 PI Properties No. 94 LLC $1688.00 24963 03101/2021 03/01/2021 AMFP IV Atrium LLC c/o Abacus $3735.00 El 24964 03/01/2021 03/01/2021 Siu Fung Mak $1345.00 [--] 24965 03/01/2021 03/01/2021 Baldwin Park Family Housing Limited $1334Z00 [124966 03101120211 03/01/2021 Grace Chiou $1236.00 El 24967 03101/2021 03101/2021 Marina Alvarez $2088.00 Copyright@ 20il-2021, HAPPY Software, Inc. Check Register Report YR 03129/2021 Page 2 N 024968 03/01/2021 03/01/2021 Sui Man Mak $888.00 El 24969 03/01/2021 03/01/2021 Henry Wong $2345.00 [124970 03/01/2021 03/01/2021 West Covina Senior Villas 11, LIP $637.00 El 24971 03/01/2021 03101/2021 Dung Trung Pham and Tarnmy Trarn $415.00 El 24972 03/01/2021 03101/2021 Francisco J. Sanchez and Gloria $1017.00 [124973 03/01/2021 03/01/2021 John Young $1112.00 El 24974 03/01/2021 03/01/2021 Blessed Rock of El Monte $19070.00 El 24976 03/01/2021 03/0112021 Vintage West Covina $6746.00 M 24976 03/01/2021 0310112021 Alta Vista Villas, LP c/o Yale $2504.00 El 24977 03/01/2021 03/01/2021 Miriam Barrera $1923.00 El 24978 03101/2021 03101/2021 West Covina Seniors Villas 1 $1099.00 El 24979 03/01/2021 03101/2021 Brookhollow Apartments $10361.00 [] 24980 03/01/2021 03/01/2021 Rahmat Ray Nehdar $971,00 El 24981 03/01/2021 03101/2021 Alexander Chan $1806.00 El 24982 03101/2021 03/01 t2021 Alan Wu $805.00 24983 03/01/2021 03101/2021 Henry Ho $1030.00 24984 0310112021 03/01/2021 PAMA IV Properties, LP $3706.00 [:124985 03/01/2021 03/0112021 Roger Hin Nam Mak $6733.00 El 24986 03101/2021 03101/2021 LAT Investments, LLC $4309.00 El 24987 03/01/2021 03/01/2021 Xitlalai Del Real Sanchez $849.00 0 24988 03101/2021 03/01/2021 Mary L Haynes $998.00 El 24989 03/01/2021 03/01/2021 Clinett Glazis $1865.00 El 24990 03/0112021 03/01/2021 Jim & Nancy Baliey $575.00 El 24991 03101/2021 03/01/2021 Kimberly Nguyen $718.00 024992 03101/2021 03/01/2021 Joseph M. Kwok $`1410.00 [:124993 0310112021 03/01/2021 Mack E Titus $697.00 [:124994 03101/2021 03/01/2021 William J Rogers $983.00 024995 03/01/2021 03/0112021 Alejandra Gutierrez $699.00 0 24996 03/01/2021 03/01/2021 Lourdes J. Garrison $1451.00 El 24997 03/01/2021 03/01/2021 Angelica Garcia $2297.00 F1 24998 03/01/2021 03/01/2021 SophiaWong $1111.00 El 24999 03/01/2021 03/01/2021 Lois J Gaston $1538.00 El 25000 03/01/2021 03/0112021 Doan & Lily Thl $1650,00 025001 03/01/2021 03/01/2021 El Monte Affordable Housing Partner $156.00 25002 03/01/2021 03/01/2021 Jose Baudelic, Delgado $511.00 25003 03/01/2021 03/01/2021 Larry Mimms $1067.00 El 25004 03/01/2021 03/0112021 Jaime Jimenez $924.00 F1 25005 03/01/2021 03/01/2021 Guiliermo Vasquez $1615.00 El 25006 03/01/2021 03101/2021 Ramiro Viramontes and Veronica $506.00 El 25007 03/01/2021 03/01/2021 Joe Diaz $1754.00 0 25008 03/01/2021 03/0112021 Fat Law $891.00 0 25009 03/01/2021 03/01/2021 Kan Investments LTD, LLC $538.00 El 25010 03/01/2021 03/0112021 Dwight Chang $1789.00 0 25011 03/01120211 03101/2021 Cameron Park Community Partners, $1030.00 E:126012 03/01/2021 03/01/2021 Mozhgan Tavakoli $581.00 Ll 25013 03/01/2021 03/01/2021 Jun Tang $472.00 Copyright@ 2011-202 1, HAPPY Software. Inc. Check Register Report YR 0312912021 Page 3 025014 03/01/2021 03/01/2021 Lourdes Vela $3078.00 El 25015 03/01/2021 03/0112021 Gilbert Roybal $1096.00 El 25016 03/01/2021 03/01/2021 Philip & Fanny Kwok $1208.00 El 26017 03/01/2021 03iOl/2021 Woodside Village Apartments LP $9506.00 [125018 03/01/2021 03/01/2021 Robert Lawe $869.00 El 25019 03/01/2021 03/01/2021 Cynthia Pham $759.00 El 25020 03/01/2021 0310112021 Fanny Chan $800.00 El 25021 03/01/2021 03/01/2021 Baldwin Rose LP $1361.00 25022 03/01/2021 03/01/2021 Kwan Chiang $1148.00 25023 03101/2021 03101/2021 Sergio Molina $275.00 25024 03/0112021 03/01/2021 VelmaAlarcon $1494,00 El 25026 03/01/2021 03101/2021 Chuen Lau $1702.00 [126026 03101/2021 03/01/2021 Tanya H Chen $1792.00 El 25027 03/01/2021 03/01/2021 JM Lam Investment LLC $874.00 El 25028 03/01/2021 03/01/2021 Vijay Gulati $4212.00 25029 03101/2021 03/0112021 Joseph H. Garcia $2492.00 25030 03/01/2021 03101/2021 Lark Ellen Village $8415.00 El 25031 03/01/2021 03/01/2021 Kim Chau $856.00 [:125032 03/0112021 03/01/2021 Aurelio and Maria Blanco $1164.00 El 25033 03/01/2021 03/01/2021 Bharat B. Garg, Darshana Garg and $1743,00 El 25034 03/01/2021 03101/2021 Xuyen Thach Han $141Z00 25035 03/01/2021 03/01/2021 EZ APT LLC $'1351.00 25036 03101/2021 03/0112021 Lucena A Ewing $4302.00 El 25037 03/01/2021 03101/2021 Jocelyn Jae Jhong $2522.00 [125038 03/01/2021 03/0112021 Virginia Carlson $1140.00 El 25039 03/01/2021 0310112021 Emilio De Jesus Cruz $1018.00 [125040 03/0112021 03101/2021 Dinh Thom Tran $1706.00 F-1 25041 03/0112021 03/01/2021 Isabel R Sanchez $1081.00 25042 03/0112021 03/01/2021 Cienega Garden Apartments $3291.00 25043 03/01/2021 03/01/2021 Therisa L Tyck $1180.00 El 25044 03/01/2021 03/01/2021 Vinh Hong Lai $1114.00 El 25045 03/01/2021 03/01/2021 Doreen E. Ewing $3141.00 El 25046 03/01/2021 03/01/2021 Olive RE Holdings, LLC $2092.00 El 25047 03/01/2021 03/01/2021 Moller Property Management $1011.00 25048 0310112021 03/04/2021 TPAINASCH LLC, Westgate as a sole $970.00 26049 03/01/2021 03101/2021 TDF LP - Pacific Towers c/o Winn $7582.00 El 25050 03/01/2021 03/01/2021 Paul & Annie W Chau $1002.00 [125051 03/01/2021 03/01/2021 LEFA Trust $1052.00 25052 03/01/2021 03/0112021 Gilbert Dominguez $9161.00 El 25053 03/01/2021 03/01/2021 German Ghibaudo $1229.00 [125054 03/01/2021 03101/2021 Monica Alber $728.00 El 25055 03/01/2021 03/01/2021 Ortencia Banuelos $352.00 El 25056 03101/2021 03/01/2021 Up Hill Investment Inc. $1504.00 El 25057 03/0112021 03101/2021 Dieu Van Huynh $951.00 0 25058 03/01/2021 03101/2021 Kelly Nguyen $1006.00 El 25059 03/01/2021 03/01/2021 Ramona Property Managers. Inc. $596.00 Copyright 0 2011-2021, HAPPY Software, Inc. Check Register Report YR 0312912021 Page 4 I . 25060 03/0112021 03Y01/2021 Badillo Street Senior Apartments, LLC $15148,00 El 25061 03/01/2021 03/01/2021 Monrovia Heritage Park LP $20062.00 El 25062 03/01/2021 03/01/2021 Los Angeles County Housing Authority $1243.34 El 25063 03101/2021 03/01/2021 James or Barbara Fox $11112,00 El 25064 03/01/2021 03/0112021 Mayra Ortega $978.00 El 25065 03/0112021 0310112021 Sel Homes LLC $5716.00 25066 03/01/2021 03/01/2021 Hui Chuan Wang $2128.00 25067 03/0112021 03/01/2021 725-731 W. Duarte Rd, LLC $1047.00 25068 03/01/2021 03101/2021 Nhan Nguyen and Amy Tran $2168.00 El 25069 03/01/2021 03/0112021 Paul P Simon $1047.00 [125070 03/0112021 03101/2021 RAMONA BLVD, FAMILY $8864.00 El 25071 03/01/2021 03101/2021 Maria Martha Martinez $1973.00 M 25072 03/01/2021 03/01/2021 Greater San Gabriel Valley Property $1783�00 25073 03/01/2021 03/01/2021 Ronald & Pamela Layne $512.00 25074 0310112021 03/01/2021 Annette C Scott $1465.00 El 25076 03/01/2021 03/01/2021 Denise Van Pham $3108.00 [125076 03/01/2021 03101/2021 Linh T Luu $1926.00 [--125077 03/01/2021 03101/2021 1024 Royal Oaks LP dba Whispering $9902.00 r-1 25078 03/01/2021 03101/2021 1024 Royal Oaks LP dba Whispering $326.00 El 25079 03/0112021 03/01/2021 Derek Sim $878.00 El 25080 03/0112021 03/01/2021 Allan M. & Virginia J Chipp and Ralph $3337.00 26081 03/01/2021 03/01/2021 Amparc, M Limon $422.00 25082 03/01/2021 03/01/2021 Zi Jian Li $1390.00 025083 03/01/2021 03/01/2021 Minh A Nguyen $1274,00 El 25084 03101/2021 03/01/2021 Jaime Barcena $946.00 El 25085 03/01/2021 03101/2021 Monica D Mao $1436.00 El 25086 03/01/2021 03/01/2021 Shiu-Ein Huang $482.00 [125087 03101/2021 03/01/2021 LAI MING LEUNG $561.00 El 25088 03/01/2021 03101/2021 The Promenade Housing Partners, LP $4224.00 El 25089 03/01/2021 0310112021 Paramjit S Nijjar $2251.00 25090 03/0112021 03/01/2021 Estate of Rosetta Mix $835.00 25091 03101/2021 03/01/2021 Rosa Beltran $984.00 [:125092 03/01/2021 03/01/2021 James Ronald Nguyen $1259.00 25093 03/01/2021 0310112021 John Nguyen $931.00 25094 03/01/2021 03/01/2021 Takis Bogris $967,00 El 25095 03/01/2021 03/01/2021 Ynfante Holdings 1, LLC $1138.00 El 25096 03/01/2021 0310112021 Roman Basin $573.00 El 25097 03/01/2021 03/01/2021 Nomer Lacson $1050.00 25098 03/0112021 03/01/2021 Anna & Simon Choi $1280.00 25099 03101/2021 03/0112021 Fenistine Nagengast $68.00 25100 03/01/2021 03/01/2021 Tanya Hang Chen $1196.00 25101 03/01/2021 03101/2021 Chung Th! Pham $1978,00 25102 03/01/2021 03/01/2021 Rosle Leon $874.00 El 25103 03/0112021 03/01/2021 Roy Lam $1063,00 El 25104 03101/2021 03/01/2021 Golden Dragon Properties LLC c/o $1104.00 [125105 03/01/2021 03/01/2021 Nancy H Shen $888.00 Copyright 0 2011-202 1, HAPPY Software, Inc. Check Register Report YR 03/29/2021 Page 5 I 26106 03/01/2021 03/01/2021 011e S Johnson $873.00 Fj 25107 03/01/2021 03/01/2021 Joe Clark $1381.00 El 25108 03/01/2021 03/01/2021 Richard A DaSylveira $219.00 [125109 03/01/2021 03/01/2021 Sara Rorno $1323.00 D 25110 03/01/2021 03/01/2021 Jeff Ma $693,00 El 25111 03/01/2021 03/0112021 T & P Property LLC $827.00 El 25112 03101/2021 03101/2021 Singing Wood Senior Housing LP $7544.00 [-125113 03/01/2021 03/01/2021 Michael H Phuong $830.00 n 25114 03/01/2021 03101/2021 Sitara B. Mamdan! $1683.00 025115 03/01/2021 03/0112021 Joseph Pham $820.00 El 25116 03/01/2021 03/01/2021 Garvey Senior Affordable Partners, LP $2243.00 El 25117 03/0112021 03/0112021 Ryan Kinpong Woo and Ching King $1132.00 [126118 03101/2021 03101/2021 Mei Yan Chen $1206.00 El 26119 03/01/2021 03/01/2021 Paul A Rourman, Rourman Properties $1443.00 25120 03101/2021 03/01/2021 Shawn Hui Zhen $1799.00 25121 03/01/2021 03101/2021 Fred Lau $994.00 El 25122 03/09/2021 02121/2021 Raymond J Ruelas $2429.00 El 25123 03109/2021 03/01/2021 Jeff Ma $359.00 Housing Choice Voucher Total $491,481.49 Average $1,003.02 Unit Count 466 Average Weighted by Unit Count $1,060.32 Hard to House Count I Copyright (D 2011-2021, HAPPY Software, Inc. Check Register Report YR 03/29/2021 Page 6 ITEM NO. 2 TAFF REPORT TO: Honorable Chair and Members of the Baldwin Park Housing Authority T H'e FROM: Benjamin Martinez, Community Dev. Director .. ......... SAWG"WORIEL PREPARED BY: Carol Averell, Housing Manager 4ALLEY", DATE: April 7, 2020 li�� ANO PUBLIC HEARING: Baldwin Park Housing Authority's Public Housing Agency FY 2021-2022 Annual Plan SUMMARY This report requests the Baldwin Park Housing Authority Board consider approval of the Public Housing Agency (PHA) FY 2021-2022 Annual Plan. FISCAL IMPACT None at this time. RECOMMENDATION Staff recommends the Baldwin Park Housing Authority Board: 1. Adopt a Public Housing Agency (PHA) FY 2021-2022 PHA Annual Plan which includes the Enterprise Income Verification (EIV) and the Violence Against Women Act (VAWA) Policies (Attachment 1"); and 2. Approve Resolution No. HA -2021-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "2"). BACKGROUND Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 established the PHA Five Year and Annual requirements. The Five Year Plan describes the mission of the agency and the agency's long-range goals and objectives for achieving its mission. The Annual Plan outlines its approach to managing programs and providing services for the upcoming year, including the PHA and Section 8 Housing Choice Voucher Programs. The Annual Plan also serves as the annual application for grants to support improvements to public housing buildings, known as the Capital Fund Program. In orderto receive operating funds from HUD for Public Housing and Section 8 Housing Choice Voucher Programs, the Housing Authority must also submit an Annual PHA Plan for each year under the Five Year Plan. The FY 2021-2022 Plan is due HUD by April 17, 2021. Resident Advisory Board: To ensure public input, a Resident Advisory Board (RAB) meeting was held on March 15, 2021. A draft plan was provided to RAB members for review and comments. No comments were received. Public Notices and 45 -day comment period: As required, a public notice was published in the San Gabriel Tribune informing the public that the FY 2021-2022 Annual Plan, including the Statement of Consistency with the Consolidated Plan, proposed Capital Improvements and other required supporting documents were available for public review. No comments have been received from the public regarding the PHA Plan. ENVIRONMENTAL IMPACT Although the approval of the PHA Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, all HUD funded projects do require an Environmental Review under NEPA, which will be completed in accordance with HUD requirements. LEGAL REVIEW Legal review is not required for the approval of plans contemplated in this staff report by the BPHA. ALTERNATIVE The alternative for this item would be to send it back to staff with a revised BPHA Board direction. ATTACHMENT 1. IFY 2021-2022 PHA Annual Plan 2. Resolution No. HA -2021- 001 104D ON B�i 0 H U ""'T H E SAN, G A R, IEL 46 A L L Streamlined Annual U.S. Department of Housing and Urban Development OMB No. 2577-0226 Office of Public and Indian Housing Expires: 02/29/2016 PHA Plan (Small PHAs) Purpose. The 5 -Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public orthe PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD -50075 -SM is to be completed annually by Small PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, HCV -Only PHA, or Qualified PHA do not need to submit this form. Definitions. (1) lligh-Perfortner PHA — A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Right Management Assessment Program (SEMAP) assessments. (2) Sinall PHA - A PHA that is not designated as PHAS or SEMAR troubled, or at risk of being designated as troubled, and that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (H09 Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent P14AS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. A.::: 'PHAJitforma on.. A.1 PHA Nitme� —Baldwin Park Housing Aut jqg�ty - PHA Code; CA120 PHA Type: 0 Small F1 High Performer PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2021 PRA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units 12 Number of Housing Choice Vouchers (14CVs) 899 Total Combined 911 PHA Plan Submission Type- [D AflnUal Submission Rev ised An nual SUbm ission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the Public hearing and proposed PHA Plan arc available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their strearrilined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website, PHAs are also encouraged to provide each resident council a copy of their PHA Plans. A 45 -Day Public Comment Period for the draft 2021 PHA Annual Plan will commence on February 15, 2021 and conclude on April 1, 2021. A Resident Advisory Board (RAB) virtual/ telephone meeting will be held on March 15, 2021 to receive public input for the draft 2021-2022 Annual Plan. The final draft will be presented to the BPHA Board of Commissioners for approval at the April 7, 2021 Board of Commissioners meeting. PHA Consortia: (Check box if submittin , a joint PHA Plan and complete table below) Program(s) not in the No. of Units in Each Program Participating PHAs PHA Code Program(s) in the Consortia Consortia PH HCV Lead PHA: Page I of 6 form HUD -50075 -SNI (12/2014) B.:. Annual.PlwElements. Submitted With 5 -Tear PHA.Plans.. Required elements for all PHAs. completing this docum tinyearsirtWh i6h the �5 -YearPlan.1salso due. This sectiondoes. not need to be coMleted fl&ye rs When a PRAU not sikmitting its 5 -Year Plan. S e Section. C for reauired elements in all other yem. (Yeats. 1. 4).::... e 13.1 Revision of PHA Plan E lements. (a) Have the following PHA Plan cterren(s been revised by the PHA since its last Five -Year PHA Plan Submission? Y N El 0 Statement of Housing Needs and Strategy for Addressing Housing Needs, E:1 E Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. [] Z Financial Resources. E] N Rent Determination. El M Homeownership Programs, E] 2 Substantial Deviation. 0 E Significant Amen dmenUMod i fication (b) The PHA must submit its Deconcentration Policy for Field Office Review. (c) If the PHA answered yes for any element, describe the revisions for each element below: B.2 New Activitie& (a) Does (he PHA intend to undertake any new activities related to (lie following in the PHA's current Fiscal Year? Y N [] N Hope VI or Choice Neighborhoods, Cl ER Mixed Finance Modernization or Development. F1 0 Demolition and/or Disposition. E] Z Conversion of Public Housing to Tenant Based Assistance, Conversion of Public Housing to Project -Based Assistance under RAD. Project Based Vouchers. El M Units with Approved Vacancies for Modernization. [] 0 Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval Linder section 18 of the 1937 Act under the separate demolition/disposition approval process, If using Project -Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan, 133 Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5 -Year Plan. Baldwin Park Housing Authority (BPHA) has tried to reach 98% and will be eonverting HCV vouchers to Pl3V vouchers to increase and ensure we maintain a 98% to 100% rate. 13PHA has been reviewing the expenditures and has implemented changes as necessary to the budget and expenses. BPHA has utilized the resources and worked together with other- cities to provide more services to its clients. BPHA provides families with census tracts at the time of admission to encourage them to move in low -poverty areas. New families have moved to some of the outside poverty areas due to B.PHA outreaching to those owners. BPHA reviews SEMAP scores each year and implements new procedures accordingly. BPHA conducts staff meetings and trainings to inform staff of new regulations or procedures to reduce any errors. BPHA is currently working to create additional housing opportunities by creating PRV vouchers. BPHA continues in improving the public housing through management and in process to convert to PBV vouchers. BPHA has continued (he services with the Fair Housing Agency. BPHA ensures access regardless of race, color, religion, national origin, sex, familial status, and disability. This information is provided to .a[[ families. y (Years 14).. Repiredvleniefits f6r all.:6.tber�fikal years, Thig.. Annual Planbeiments Subm'itted All Other cars-. s mitt Plan... section does.not need to.betornplete'd in years.when a.PHA:is ub ing its 5wYear PHA. Page 2 of 6 form HUD -50075 -SM (12/2014) C. 1. New Activities (a) Does the PHA intend to undertake any new activities related to the following in the PIJA's current Fiscal Year? Y N El El Hope VI or Choice Neighborhoods. E] N Mixed Finance Modernization or Development. El 0 Demolition and/or Disposition. El 0 Conversion of Public Housing to Tenant -Based Assistance. [1 9 Project Based Vouchers. El E Other Capital Grant Programs (i.e,, Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe, the activities. For new demol i Lion activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval tinder section 18 of the 1937 Act under the separate dernolition/disposition approval process, (c) If using Project -Based Vouchers, provide the projected number of project -based units, general locations, and describe how project -basing would be consistent with the PHA Plan. (d) The PHA must submit its Deconcentradon Policy for Field Office Review, C.2 Certification Listing Policies and Programs that the PHA has Revised since Submission of its Lost Annual Plan Form 50077 -SM, Certification of Compliance ivith PHII Plans and Related Regulations, including Item 5 must be submitted by the PHA as an electronic attachment to the PHA Plan. Item 5 requires certification on whether plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. 00 W I Civil Rights Certification. D.1 Form 50077 -SM -HP, Certification ofCompliancewithPH.4 Plans and Related Regulations, must be submittedby the PHAasan electronic attachment to the PHA Plan. D.2 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? Y N El 0 If yes, comments must be submitted by the PHA as an attachment to (tie PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. RAB committee consisted of 5 members. Three attended conference call on March 15, 2021, There were no comments. D.3 Certification by State or Local Officials. Form HUD 50077 -SL, Certification by State or Local Officials ofPHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. E Stfitcment.of CaPitalImpm-OWR6. R.equired in. all years for all PHAS completing'this form that administer Vublic.... housirL2 and receiveTanding �from the Capital -F d'Pro am.(CH), 9r. E.1 Capital Improvements. Include a reference here to the most recent HUD -approved 5 -Year Action Plan (HUD -50075.2) and [lie date that it was I approved by HUD. I Page 3 of 6 form HUD -50075 -SNI (12/2014) Annual Plan for Small and High Performing PHAs A. PHA Information. All PHAs must complete this section. A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units arid or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to (lie public hearing and proposed PHA Plan, (24 CFR §903,23(4)(c ) PRA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. PHAs must complete this section during years where the 5 -Year Plan is also due, (24 CFR §903,12) B.) Revision of PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA, To specify which elements have been revised, mark the "yes" box. If an element has not been revised, mark "no." El Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA. The statement must identify the housing needs of (i) families with incomes below 30 percent Gfarca median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in thejurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs most address issues of affordability, supply, quality, accessibility, size of units, and location. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent it pertains to the housing needs offamilies that are on the PHA's pub I i c hous ing and Section 8 tenant -based assistance wai ting lists. 24 CFR �903.7(a)(D and 24 CFR §903.12(b). Provide a description of the PHA7S strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent it Pertains to (he housing needs of families that are on the PHA's public housing and Section 8 tenant -based assistance waiting lists. 24 CFR §903.7(a)(21(ii) and 24 CFR §903,12(b). El Deconcentration and Other Policies that Govern Eligibility, Selection arid Admissions. Describe the PHA's admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA's policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developmen(s. The deconcentration requirements apply to general occupancy and family public housing developments. Refer (o 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. 24 CFR 0033(b) Describe the PHA's procedures for maintaining waiting lists for admission to public housing and address any site-based waiting lists. 24 CFR �903.7(b A statement of the PHA's policies that govem, resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR §903.7(b) Describe the unit assignment policies for public housing, 24 CFR M3.7(b) El Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA's anticipated WSOLINCS, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant -based assistance. The statement also should include the non -Federal sources of funds supporting each Federal program, and state the planned USC for the resources. (24 CFR k.903.7(c) El Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. ( El Homeownership Programs. A description ofany homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent that the PHA participates in homeownership programs under section 8(y) of the 1937 Act. (24 CFR �903.7(k) and 24 CFR §903,12(b). 0 Substantial Deviation. PHA must provide its criteria for determining a "substantial deviation" to its 5 -Year Plan. (24 CFR 003.7(r)(W 0 Significant Amend men t/Mod i flea tion. PRA mus( provide its criteria for determining a "Significant Amendment or Modification" to its 5 -Year and Annual Plan. Should the PHA fail to define 'significant amendment/modification', HUD will consider the following to be 'significant amendments or nandifications% a) changes to rent or admissions policies or organization of the waiting list: b) additions of non -emergency public housing CFP work items (items not included in the current CFP Annual Statement or CFP 5-YearAction Plan); or c) any change with regard to demolition or disposition, designation, homeownership programs or conversion activities. See guidance on HUD's website at� Notice PIH 1999-51, (24 CPR �903.7(r)fQf ii) If any boxes are marked "yes", describe the revision(s) to those element(s) in the space provided. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 QFR 903.2. (24 CFR �903.23(b)) 13.2 New Activities. If the PHA intends to undertake any new activities related to these elements or discretionary policies in the current Fiscal Year, inark "yes" for those elements, and describe the activities to be undertaken in the space provided. Ifthe PHA does no( plan to undertake these activities, mark "no." El Hope V1 or Choice Neighborhoods. 1) A description of any housing (including project name, number (if known) and unit count) for which the PHA will apply for HOPE VI; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI is a separate process. See guidance on HUD's website at: littp://,,vww.Iiiid.gov/offices/�l�ti/progranis/pli/hopc6/itidex.cfni, (Notice PIH 2010-30) El Mixed. Finance Modernization or Development. 1) A description of any housing (including name, project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission ofapplications or proposals. The Page 4 of 6 form HUD -50075 -SM (12/2014) application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance Oil HUD's website at� littp://ivNv%�,.Iitid,gov/otTices/i)ih/prograins/pl0iope6/index.cfiii. (Notice PlH 2 10-30) D Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs (including name, project number and unit numbers for addresses]), and the number of affected units along with their sizes and accessibility features) for which (lie PHA will apply or is currently pending for demolition or disposition; and (2) A timetable for the demolition or disposition. This statement must be submitted to tile extent that approved and/or pending demolition and/or disposition has changed. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD's website at! littp://NNww.litid.gov/offices/i)ili/��ei)tcrs/sac/demo dispo/index,cftn. ( El Conversion of Public Housing. Describe any public housing bUilding(s) (including project number and unit count) owned by the PHA that (lie PHA is required to convert or plans to voluntarily convert to tenant -based assistance; 2) An analysis of (he projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection witb such conversion, See guidance on HUD's website at: llttp://NVWW. hUd. 9OV/off ices/pili/��enters/sac/conversion.cfni. El Project -Based Vouehers. Describe any plans to use HCVs for new project -based vouchers, ( ) If using project -based vouchers, provide the projected number of project -based units and general locations, and describe how PrOJCCt-baSing Would be consistent with the PHA Plan. [] Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). B.3 Progress Report. For all Annual Plans following submission of (lie first Annual Plan, a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5 -Year PHA Plan. 24 CFR §903.7(r)(I )) C. Annual Plan. PHAs must complete this section during years where the 5 -Year Plan is not due. (24 CFR §903.12) C.1 New Activities. If the PHA intends to undertake any new activities related to these elements in the current Fiscal Year, mark "yes" for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark "no." E] Hope V1 or Choice Neighborhoods. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for HOPE VI or Choice Neighborhoods; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope V1 or Choice Neighborhoods is a separate process. See guidance on HUD's website at: littp�//wwNv.litid,Uv/officcs/pili/�)rogranis/�li/liope6/iildex.cfni. (Notice P11-1 2010-30) n Mixed Finance Modernization or Development. 1) A description of any h0USiDg (including project number (if known) and unit count) for which tile PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals, The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD's website W fittp://wwNv.]iLid.p-ov/offices/p.ih/progr�ims/]21i/liol2c6/iiitie,x.cfm. (Notice P11-1 2010-30) El Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs (including project number and unit numbers [or addresses)), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition; and (2) A timetable for the demolition or disposition. This statement must be Submitted to the extent that approved and/or pending demolition and/or disposition has changed. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD's websitc at: litip://wivw.hLid.pov/offices/pih/centers/sac/demo dispo/index.cfni. ( 0 Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that (he PHA is required to convert or plans to voluntarily convert to tenant -based assistance; 2) An analysis of (he projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD's website at: htt]27#WNVNv.hLid.gov/olYices/pili/centers/sac/coiiversioti.cftti. (24 CFR §903.7(i ) El Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to project -based assistance under RAD. See additional guidance on HUD'swebsite at: Notice P11-1 2012-32 E] Project -Based Vouchers. Describe any plans to use HCVs for new project -based vouchers. (24 CVR �983.57(bjf 1)) If using project -based vouchers, provide the projected number of project -based units and general locations, and describe how project -basing would be consistent with the PHA Plan, EJ Units ivith Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR �990.145(a)(l [I Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). C_ 2 Certification Listing Policiesand Programs that the PHA has Revised since Submi5sion of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing form HUD -50077 SM -HP. D. Annual Plan. PHAs must complete this section in all years, D.1 Civil Rights Certification. Form HUD -50077 SM -HP, PHA Certifications of Compliance u4th the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. APHAwillbe considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local Page 5 of 6 form IIUD-50075-SM (12/2014) jurisdiction to implement any of the jurisdiction's initiatives to affirmatively fin-ther fair housing; and Mures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o ) D.2 Resident Advisory Board (RAB) comments, If the RAB provided comments to tile annual plan, mark "yes," submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR 003,13(c), 24 CFR ��903.11 ) D.3 Certification by State or Local Officials. Form HUD -50077 -SL, Ceriffication by State or Local Officials of PHA Plans Consisteno, with the Consolidated Plan, nILISt he submitted by the PHA as an electronic attachnient to the PHA Plan, ( E. Statement of Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR 903.7 (g E,I Capital Improvements. In order to comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan, PHAs can reference the form by including the following language in Section C. 8.0 of the PHA Plan Template: "See HUD Form 50075.2 approved by HUD on XX/XX/XXXX." This Information collection is authorized by Section 511 of the Quality Housingand Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5 -Year and Annual PHA Plan. The 5-Yearand Annual PHA Plans provide a ready source forinterested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and Informs HUD, familiesserved by the PHA, and members ofthe publicofthe PHA's mission,goals and objectives forserving the needsof low- Income, verylow- Income, and extremely low- income families. Public reporting burden forthis Information collection is estimated to average 16.64 hours per response, Indudingthe time forreviewing Instructions, searching existing data sources, gathering "d maintaining the data needed, and completing and reviewing the collection of Information, HUD may not collect this Information, and respondents are not required to complete this form, unless It displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of H ousing and Urban Develop ment is authorized to solicit the Information requested in this form by virtue of TItI e 12, U.S� code, section 1701 etseq.,and regulations promulgated thereunder at Title 12, Code offederal Regulations. Responses to the collection of Information are required to obtain a benefit or to retain a benefit, The information requested does not [end itself to confidentiality. Page 6 of 6 form HUD -50075 -SM (12/2014) EXHIBIT "All Capital Fund Program Annual Statement/Performance and Evaluation Report Annual Staternent/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housing Factor and Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No, 2577-0226 V 11 AA/'2A1')r17'7 Part 1: Summgy PHA Name: Baldwin Park Housing Authority Grant Type and Number Capital Fund Program Grant No: CA] 6P 12050117 Replacement Housing Factor Grant No: Date of CFFP: FFY of Grant- 2021 FVY of Grant Approval: 2021 Type of Grant Original Annual Statement El Reserve for Disasters/Emergencies Performance and Evaluation Report for Period Ending! Revised Annual Statement (revision no: Final Performance and Evaluation BEport Line Summary by Development Account Total Estimated Cost Total Actual Cost I Original Revised' Obligated I Total non -CFP Funds 0 _.Expended 2 1406 Operations (may not exceed 20% of line 21) 23,940.00 3 1408 Management Improvements 0 4 1410 Administration (may not exceed 10% of line 2 1) 0 5 1411 Audit 0 6 1415 Liquidated Damages 0 7 1430 Fees and Costs 0 8 1440 Site Acquisition 0 9 1450 Site Improvement 0 10 1460 Dwelling Structures 0 11 1465.1 Dwvllina Equipment—Nonexpendable 0 12 1470 Non-dwelEng, Structures 0 13 1475 Non -dwelling Equipment 0 14 1485 Demolition 0 15 1492 Moving to Work Demonstration 0 16 1495.1 Relocation Costs 0 17 1499 Development Activities 0 I To be completed for the Performance and Evaluation Repom 2 To be completed for the Performance and Evaluation Report or a Revised Annual Statement. , PHAs with under 25 0 units in management may use 100% of CFP Grants for operations. 4 RET funds shall be included here. Pagel forrn H -UD -50075.1 (07/2014) Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housina Factor and Capital Fund Financing Program U.S- Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 'r ; aA/,1A11)M1T Part I.- Summary E PHA Name: Baldwin Park Housing Authority Grant Type and Number Capital Fund Program Gvmt No: CA16PI2050117 Replacement Housing Factor Grant No: Date of CFFP: FFY of Grant.2021 FFY of Grant Approval: 2021 Type of Grant F71 v\j Original Annual Statement El Reserve for Disasters/Emergencies Performance and Evaluation Report for Period Ending-, El Revised Annual Statement (revision no: E] Final Performance and Evaluation Report Line Summary by Development Account Total Estimated Cost Total Actual Cost Original Revised Obligated Expended 18a 1501 Collateralization or Debt Service paid by the PHA 0 l8ba 9000 Collateralization or Debt Service paid Via System of'Direct Payment 19 1502 Contingency (may not exceed 8% of line 20) 0 20 Amount of Annual Grant:: (sum of lines 2 - 19) 23,940.00 21 Amount of line 20 Related to LBP Acfivities 0 22 Am ount of line 20 Related to Section 504 Activities 0 23 Amount ofline 20 Related to Security - Soft Costs 0 24 Amount ofline 20 Related to Security - Hard Costs 0 25 Amount ofline 20 Related to Energy Conservation Measures 0 Signature of Executive Director: Shannon Yauchzee Date Signature of Public Housing Director Date 'To be completed for the Performance and Evaluation Report. 2 To be completed for- the Performance and Evaluation Report or a Revised Annual Statement. PHAs with under 250 units in management may use 100% of CFP Grants for operations, 4 RHF funds shall be included here. Page2 form HUD -50075.1 (07/2014) Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund ProgTam Replacement Housing Factor and Capital Fund Financing Prop -ram U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 06/30/2017 Part H: Supporting Pages PHA Name: Baldwin Park Housing Authority Grant Type and Number I Capital Fund Program Grant No: CA16P12050117 CFFP (Y& No): Replacement Housing Factor Grant No: Federal FFY of Grant: 2021 Development Number Name/PHA-Wide Activities General Description of Major Categories Work Development Quantity Account No. Total Estimated Cost Total Actual Cost Status of Work Ori-inal Revised Funds Funds Expended2 CAP120-000001 McNeil Manor Operations 1406 N/A 23,940.00 CA120-00000118D McNeil Manor Operating, Subsidy 1000 N/A 27,746.00 'To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 'To be completed for the Performance and Evaluation Report- Page3 form HIUD-50075.1 (07/2014) Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housing Factor and 2�1 Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 06/30/2017 Part 11: Supporting Pages PHA Name.- Baldwin Park Rousing Authority Grant Type and Number Capital Fund Program Grant No: CAI 6P12050117 CFFP (Yes/ No): Replacement Housing Factor Grant Noz Federal FFY of Grant: 2021 Development Number Name/PHA-Wide Activities General Description of Major Work Development Quantity Total Estimated Cost Total Actual Cost Status of Work Categories Account No. Original Revised Funds Funds Obligated 2 ed 2 ..Expe ' To be completed for the Pefformance and Evaluation Report or a Revised Annual StatemenL 2 To be completed for the Performance and Evaluation Report- Page4 form IfUD-50075.1 (07/2014) Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housing, Factor and Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing g OMB No. 2577-0226 Expires 06/30/2017 Part III: Implementation Schedule for Capital Fund Financing Program P14A Name: Baldwin Park Housing Authority Federal FFY of Grant: 2021 Development Number All Fund Obligated Name/PHA-Wide (Quarter Ending Date) Activities All Funds Expended (Quarter Ending Date) Reasons for Revised Target Dates Original Actual Obligation Obligation End End Date Date Original Expenditure Actual Expenditure End End Date Date CAP120-000001 McNeil 04/15/2022 Manor 04/1512023 'Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housin.- Act of 1937, as amended. Page5 forin EEUD-50075.1 (0712014) Annual Statement/Performance and Evaluation ReporL Capital Fund Program, Capital Fund Program Replacement Housing Factor and Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 06/30/2017 Part M: Implementation Schedule for Capital Fund Financing Program PHA Name. Baldwin Park Housing Authority Federal FFY of Grant: 2021 Development Number Name/PHA-Wide Activities All Fund Obligated (Quarter Ending Date) All Funds Expended (Quarter Ending Date) Reasons for Revised Target Dates Original Actual Obligation Obligation End End Date Date Original Expenditure Actual Expenditure End End Date Date ' Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housing Act of 1937, as amended. Page6 form HUD -50075.1 (07/2014) EXHIBIT "B" Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan Certifications of Compliance with PHA Plans and Related Regulations (Standard, Troubled, HCV -Only, and Performer P U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 02/29/2016 PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications A cling on beha4fof the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5- Year andlor X Annual PHA Plan for the PHA fiscal year beginning gQ1L hereinafter referred to as " the Plan ", ofwhich this document is a part and make the following certifications and agreements with the Department ofHousing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof: I . The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 5. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title 11 of the Americans with Disabilities Act of 1990. 6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those programs, addressing those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and by maintaining records reflecting these analyses and actions. 7. For PHA Plans that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2010-25); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). 8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 11, The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. Page I of 2 form HUD -50077 -ST -HCV -HP (12/2014) 12. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 13, The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 14� With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 15. The PHA will keep records in accordance with 24 CFR 85,20 and facilitate an effective audit to determine compliance with program requirements. 16� The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 17. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). 18, The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 19, All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22, The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s). Baldwin Park Housing Authority PHA Name X_ Annual PHA Plan for Fiscal Year 2021-2022 5 -Year PHA Plan for Fiscal Years 20 -20 CA120 PHA Number/HA Code I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U,S.C. 1001, 1010, 10 12; 31 U.S.C. 3729, 3902). Name of Authorized Official Title Emmanuel J. Estrada Chairman of the Board Signature Date Page 2 of 2 form HUD -50077 -ST -HCV -HP (12/2014) Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (All PHA s) U. S Depaii-tment of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 2/29/2016 Certification by State or Local Official of PRA Plans Consistency with the Consolidated Plan or State Consolidated Plan 1, Shannon Yauchzee Official's Name the Executive Director Of ficial's Title certify that the 5 -Year PHA Plan and/or Annual PHA Plan of the Baldwin Park Housinq Auth PHA Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments (AI) to Fair Housing Choice of the of Baldwin Park Local Jurisdiction Arame pursuant to 24 CFR Part 9 1. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the Al. City of Baldwin Park is dedicated to providing affordable housing and community development opportunities for lowand modprgtp 6nrnmi- ppirgonsand 1,; rommltpci tn proy'd'nU qtjch SPIU'nps in accordance with Pq'r Housing Laws. I hereby certify ihat all the information slated herein, as well as aay informalion provided in the accompaninicni herewith, is true and accuraie, Warning: HUD will PrOSeCUte false clainis and statements. Conviction inay, resull in criminal and/or civil penallies, (18 U.S.C. 1001, 1010, 1012; 31 U,S.C. 3729, 3802) Name of Authorized Official Title Executive Director Shannon Yauchzee Signature Date Page 1 of 1 form HUD -50077 -SL (12/2014) Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (A 11 PHA s) U. S Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 2/29/2016 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan 1, Colby Cataldi 3 the Director of Community Development and Public Works Official's Nan2e Official's Title certify that the 5 -Year PHA Plan and/or Annual PRA Plan of the Baldwin Parl,, Housing Authojty PHA Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments (Al) to Fair Housing Choice of the of South El Monte Local Jurisdiction Naine pursuant to 24 CFR Part 9 1. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the AT. City of South El Monte is dedicated to providing affordable housing and cornmunL development opportunities for low and moderate income persons and is committed to providing such set -vices in accordance with Fair Housing Laws. I hemby certify that a I I lite in ruirnafiori stated herein, as wel I as any information proviAod in the accompaniment herewith, is true and accuratV. Warning: HUD wi I I prosecute false claims and statements. Conviction may resalt in criminai and/orcivit penalties. (18 U.S.C. 1001, 1010, 10 12; 31 U.S.C. 3729, 3802) Name of Authotizad Official Colby Cataldi Director of Community Development and Public Works Date 03/05/2021 Page I of 1 form HUD -50077 -SL (12/2014) 4��7Y �-N- I - 7 -2 - Certification by State or Local Official of PHA Plans ConsWency with the Consolidated Plan or State Consolidated Plan (All PHA s) U. 8 Depaii-timent of Botising and Urban Development Office of Public and Indian Hoo�ing OMB No. 2577-0226 E, xpires 1/2912016 Certification by State or Local Official of PBA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, Craig Jimenez Director of Community Development Ofji'cial's Name Official's Title certify that the 5 -Year PHA Plan and/or Annual PITA Plan of the Baldwin Park HousLng A-uthorijy PH,4 Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments (AI) to Fair Housing Choice of the C�y of Monrovia Local Jurisdiction Name pursuant to 24 CFR Pait 9 1. Provide a description of how the PEIA Plan is consistent with tile Consolidated Plan or State Consolidated Plan and the Al. City of Monrovia is dedicated to providing affordable housLnZ and community development opportunities for low and moderate income persons and is committed to providing such sci vices in accordance with Fair Housing Laws. I heleby Gertif� tbat tit Itio information stated heroilt, as weil as ally informalion provided in the accompaniment licrewifli, is Irtio Rad acrurale. Warning: IIUD will prosecute ralse almms and Statements. Conviction may result in edminal alldfor civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729. 3802) Craig Jimenez Director of Community Development Signature Date Page 1 of I form HUD -50077 -SL (12/2014) EXHIBIT "C" Violance Against Women And Justice Department Reauthorization Act Of 2005 (VAWA 2005) Statement of Acknowledgement VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005 (VAWA 2005) STATEMENT OF ACKNOWLEDGEMENT The Baldwin Park Housing Authority hereby acknowledges its responsibilities and requirements under VAWA 2005 and will ensure proper enforcement of VAWA and comply with all requirements that are incorporated into the Housing Choice Voucher HAP Contract and Tenancy Addendum. The Baldwin Park Housing Authority provides proper notification to property owners and program participants informing them of their rights and responsibilities as well as resources to families in need of assistance. The BPHA partners with the City of Baldwin Park public service program which provides resources to victims of domestic violence, sexual assault, date rape, anger management, and child and elder abuse. Agencies providing assistance include but are not limited to Project Sister, Police Department Domestic Violence Advocate, Santa Anita Family Service Center, Adult Protective Services and several local churches. Information is provided to tenants at all briefings and to property owners and again to tenants at time of new contracts. Counseling sessions, which include referrals is provided to the tenants once the BPHA becomes aware or suspects that there is a need for such assistance. 2013 REAUTHORIZATION OF THE VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT (VAWA 2013) The Baldwin Park Housing Authority is preparing its Emergency Transfer Plan and all relevant notices to implement and comply with VAWA 2013, The Transfer Plan will be approved by the Housing Board by the May 15, 2017 compliance date. EXHIBIT I'D" RAB Comments - T =OM EXHIBIT "Ell HA Board Resolution RESOLUTION NO. 2021-001 A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING ANNUAL AGENCY PLAN FOR FY 2021-2022 WHEREAS, the City of Baldwin Park Housing Authority administers the Section 8 Housing Choice Voucher and Public Housing Programs with funds provided by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, the 2020-2024 Five Year Plan and the FY 2021-2022 Annual PHA Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency's long-range goals and objectives for achieving its mission, the agency's approach to managing programs, and providing services for the upcoming five years; and WHEREAS, the FY 2021-2022 Annual PHA Plan, serves as the annual application for the Capital Fund Program Grant and Operating Fund to support its public housing; and WHEREAS, HUD regulations require that Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant Based Assistance (vouchers) programs submit updated Annual PHA Plans on an annual basis. NOW THEREFORE BE IT HEREBY RESOLVED, the City of Baldwin Park Housing Authority does resolve as follows: I That the 2021-2022 Annual PHA Plan has been established in accordance with the Quality Housing and Work Responsibility Act and is current with HUD regulations. 2. That the Chairman and City Clerk shall certify to the adoption of this resolution. APROVED AND ADOPTED this 7th day of April 2021 EMMANUEL J. ESTRADA CHAIRMAN ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021 - 001 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 7, 2021 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: Marlen Garcia CITY CLERK