Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09.01.21 Staff Report
NOTICE AND CALL OF A SPECIAL 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, September 1, 2021 at 5:00 PM. 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 WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS. Posted: August 26, 2021. Emmanuel J. Estrada Mayor AFFIDAVIT OF POSTING I, 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 September 1, 2021. Marlen Garcia, City Clerk AGENDA BALDWIN PARKCITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 September 1, 2021 5:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC ON A FIRST COME, FIRST SERVE BASIS, WITH LIMITED SEATING CAPACITY IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tem Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PUBLICO Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. CALL TO ORDER: ROLL CALL: Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Alejandra Avila, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos será el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] 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 September 1, 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 3:00 PM on September 1, 2021. If you are a non-English Speaker and require translation services in another language 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 SESSION/STUDY SESSION • ADU Measure H Incentive Study Presentation Presented by City Planner Ron Garcia and Farzad Mashhood from LeSar Development Consultants RECESS TO CLOSED SESSION 1. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4437 Phelan Avenue Negotiating Parties: City of Baldwin Park and Hannah, Mitchell B and Hallie D B. Property: 13167 Garvey Avenue Negotiating Parties: City of Baldwin Park and Topline Automotive Inc. CITY COUNCIL SPECIAL MEETING – 5:00 P.M. C. Property: 14338 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Mandani, Armado D., and Mandani, Evangelina M. D. Property: 14332 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Weng, Wen Pin, and Wong, Yee Ling E. Property: 4753 Maine Avenue Negotiating Parties: City of Baldwin Park and D&Z Properties LLC F. Property: 12760-79 Torch Street Negotiating Parties: City of Baldwin Park and Habitat for Humanity G. Property: 12714 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Atlantis Properties, LLC 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Suzanne Ruelas v. City of Baldwin Park Case No. 20STCV17682 Case Name: City of Baldwin Park v. City of Irwindale, et al Case No. BS163400 Los Angeles County Superior Court Case Case Name: Diane Nina Rendon v. City of Baldwin Park Case No. 21STCV13045 City of LA, County of LA, SGVWC, Elia B. de Palacios, Miguel Palacios and Does 1-25 3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon, Enrique C. Zaldivar, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 4. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) 5. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. B. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. C. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan Jenome Research D. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park E. 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 F. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. G. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group H. Property: 4802 Littlejohn Street, Suite B (CAN 17-29) Negotiating Parties: City of Baldwin Park and Yichang Bai W&F International Corp. I. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. J. Property: 15440, 15442 and 15444 Arrow Highway (CAN 18-01) Negotiating Parties: City of Baldwin Park and Tim McCarty Ala Karte, LLC K. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. L. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. M. Property: 1516 Virginia Avenue (CAN 17-30) Negotiating Parties: City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting N. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. O. Property: 5018 Lante Street Negotiating Parties: City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, 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 September 1, 2021. 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 e- mail lmorales@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 II) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 September 1, 2021 7:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC ON A FIRST COME, FIRST SERVE BASIS, WITH LIMITED SEATING CAPACITY IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tem Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PÚBLICO Se invita al público a dirigirse al Concilio o cualquier otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que esté bajo su jurisdicción. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. City Council Agenda Page 2 CITY COUNCIL REGULAR MEETING – 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Alejandra Avila, and Mayor Emmanuel J. Estrada REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • RSO Eviction/Rental Protections Update Presented by Director of Community Enhancement, Benjamin Martinez and Robert N. Tafoya, City Attorney PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos será el límite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] 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 7:00 PM to 8:00 PM on September 1, 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 September 1, 2021. If you are a non-English Speaker and require translation services in another language 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. City Council Agenda Page 3 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 August 18, 2021. Regular City Council Meeting of August 18, 2021. 3. Authorization to Enter into a Use of Facility Agreement with Board of Trustees of Mt. San Antonio College School of Continuing Education Division Staff recommends that the City Council approve and authorize the Director of Recreation & Community Services to Execute the Use of Facility Agreement between Mt. San Antonio College School of Continuing Education Division. 4. Approve a Request-for-Service Proposal with David Volz Design for Professional Landscape Architectural Design Service for the Barnes Park Regional Project Including Enhancements, Expansion and New Dog Park Staff recommends that the City Council authorize the Director of Public Works to execute the RFS proposals from David Volz Design in the amount of $351,780 for the completion of Professional Landscape Architectural Design Services including plans, specifications, and estimate (PS&E) for the enhancements, expansion, and Dog Park as part of the Barnes Park Regional Project. 5. Approve Request-for-Service Proposal for Civil and Landscape Design Services with Infrastructure Engineers for the New City of Baldwin Park’s Big Dalton Trail Pocket Park Design at Francisquito Avenue Staff recommends that the City Council authorize the Director of Public Works to execute the RFS proposal from Infrastructure Engineers in the amount of $49,804.00 for the completion of the Civil and Landscape Design Services including plans, specifications and estimate (PS&E) for the Project. 6. Approve Plans, Specifications, Authorize the Award of Contract to Onyx Paving Company, Inc., and Approve a Request-for-Service Proposal with Infrastructure Engineers (IE) for Construction Management and Inspection Services for City Project No. CIP 20-37, Major and Residential Streets Rehabilitation Project Staff recommends that the City Council: 1. Accept project plans and specifications for City Project No. CIP20-37; and 2. Approve and award the construction contract to Onyx Paving Company, Inc. of Anaheim, CA in the amount of $1,484,000; and 3. Authorize the Mayor and City Clerk to execute the contract with Onyx Paving Company, Inc., for the street improvements work; and 4. Authorize the Director of Public Works to execute the RFS proposal from Infrastructure Engineers (IE) in the amount of $59,850 for construction management and inspection services. City Council Agenda Page 4 7. Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive National Transit Database Reporting Funds for Transit Services for Year 2019 Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreements. 8. Addition of New Vehicles to the City’s Lease Program Using American Rescue Plan Funds Staff recommends that the City Council receive and file this report. PUBLIC HEARING 9. Public Hearing Regarding Fiscal Year 2021-21 Consolidated Annual Performance and Evaluation Report (CAPER) Staff recommends that the Mayor and City Council: 1. Conduct a Public Hearing, accept public testimony, and approve the Final 2020-21 Consolidated Annual Performance & Evaluation Report (CAPER) for federal CDBG and HOME funds; and 2. Authorize the City Manager to transmit this report to the United States Department of Housing and Urban Development (HUD) by the deadline of September 28, 2021. REPORTS OF OFFICERS 10. 5-Year Capital Improvement Project (CIP) Proposed Budget for Fiscal Year 2021-22 to 2025-26 Staff recommends that the City Council: 1. Approve of the 5-year proposed City of Baldwin Park Capital Improvement Projects (CIP) from July 1, 2021 to June 30, 2026; and 2. Approve the funding for Fiscal Year 2021-22 in the amount of $26,814,709 for community improvements and infrastructure. 11. Proposed Ordinance Prohibiting the Sale of Flavored Tobacco Products Staff recommends that the City Council: 1. Consider “An Ordinance of the City Council of the City of Baldwin Park, California (Retail Sales of Tobacco Products) Amending Section 125.020 (requirements and Prohibitions) of Chapter 25 of the City of Baldwin Park Municipal Code to Prohibit the Sale of Flavored Tobacco Products; and 2. Direct staff to bring back for first reading at the next regularly scheduled City Council Meeting. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Mayor Emmanuel J. Estrada • Mayor Estrada requests City Council discussion and direction to allocate ARP funding to homeless services and to improve sewer access. ADJOURNMENT City Council Agenda Page 5 CERTIFICATION I, 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 26th day of August, 2021. 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@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 II) STAFF REPORT ITEM NO. ________1_________ TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: September 1, 2021 SUBJECT: City of Baldwin Park’s Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $460,123.21 and the attached General Warrants Register was $1,225,757.62 for a total amount of $2,443,166.98. 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 201145 to 201153 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 28269 to 28491 for the period July 25, 2021 through August 7, 2021, inclusive; these are presented and hereby ratified in the amount of $460,123.21. 2. General Warrants, with the bank drafts in the amount of $279,258.23 and checks from 233523 to 233664 in the amount of $946,499.39 for the period of August 10, 2021 to August 23, 2021, inclusive; in the total amount of $1,225,757.62 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 STAFF REPORT ITEM NO. ________2_________ TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: September 1, 2021 SUBJECT: Meeting Minutes 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 August 18, 2021. Regular City Council Meeting of August 18, 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. ATTACHMENT Meeting Minutes will be made available for inspection on Monday August 30, 2021. ITEM NO. 3 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: September 1, 2021 SUBJECT: Authorization to Enter into a Use of Facility Agreement with Board of Trustees of Mt. San Antonio College School of Continuing Education Division SUMMARY The purpose of this staff report is for City Council to consider authorization to enter into a Use of Facility Agreement with Board of Trustees of Mt. San Antonio College School of Continuing Education Division. RECOMMENDATION Staff recommends that the City Council approve and authorize the Director of Recreation & Community Services to Execute the Use of Facility Agreement between Mt. San Antonio College School of Continuing Education Division. FISCAL IMPACT There is no fiscal impact at this time. BACKGROUND The City and the Baldwin Park Unified School District Adult & Community Education collaborated to offered older adult classes at the Julia McNeill Senior Center and the Esther Snyder Community Center. Baldwin Park Unified School District will no longer offer classes at the Julia McNeill Senior Center and Esther Snyder Community Center. The City has proactively engaged in a plan to offer older adult enrichment classes and as a result, staff has identified new partnership and collaboration with the Board of Trustees of Mt. San Antonio College School of Continuing Education Division to offer these same classes to the older adult population under their Older Adult Classes umbrella. This Agreement between the College and the City will be for an indefinite period, but shall be reviewed in respect to renewal at the completion of each calendar year. It may be modified or amended by mutual consent. Either party of the agreement may terminate this agreement at the close of any school year by proper notice in writing, delivered to the legal representative of the other party. All classes offered will be open to any member of the community who wishes to attend based on available space. As per the agreement, listed below are the general commitment of each agency. Mt. San Antonio College agrees to: • Provide cooperation and counsel of its administration and staff in the conduct of the program; • Provide all instructors who are college employees and are responsible for duties specifically assigned as part of their instructional duties as determined by the College; • Assume the responsibility for the development, organization, and the implementation of the curriculum under the direction of a qualified college instructor; • Indemnify and hold the Institution harmless against any claim, demand, or judgment arising out of the negligence of College students or instructors under this agreement while actively involved in the program. The City agrees to: • Provide classroom/instructional facilities as agreed between the College and the City; • Provide a room for the equipment and will take responsible care to protect the equipment. Available Classes: ESL-Foundations Citizenship for Naturalization Basic Computing – Level 1, 2, and 3 Water Aerobics/Swimming Class Lifelong Learning for Older Adults Watercolor Painting Healthy Cooking/Oder Adults Healthy Aging Healthy Aging-Principles of slow movement Independent living skills – Memory Building skill Healthy Aging - Principles of Posture and Flexibility Mobility through Exercise – Strength Training Home Gardening Floral Design Basic Computing level 1, 2, and 3 Handcrafted Needlework Sewing and Design Sewing and Tailoring 1 and 2 Classes will be promoted through all social medial platforms, website, marquee and BP NOW Newsletter. ALTERNATIVES The alternative would be not to enter into an Agreement. LEGAL REVIEW The City Attorney has reviewed the agreement and approved it as to form. ATTACHMENT 1. Use of Facility Agreement School of Continuing Education Division USE OF FACILITY AGREEMENT THIS AGREEMENT made and entered into by and between the governing Board of Trustees of Mt. San Antonio College, Walnut, California, which college is hereinafter referred to as “the College” and the City of Baldwin Park, 4100 Baldwin Park Blvd., Baldwin Park, California 91706, which institution is hereinafter sometimes referred to as “the Institution”. The agreement entered into by both parties is promoted by strong public obligation to offer Continuing Education and/or Community Services classes, programs, and workshop for the educational benefit of students and the community at large. This agreement between the College and the Institution will be for an indefinite period, but shall be reviewed in respect to renewal at the completion of each calendar year. It may be modified or amended by mutual consent. Either party of the agreement may terminate this agreement at the close of any school year by proper notice in writing, delivered to the legal representative of the other party. WHEREAS the College and the Institution are desirous of entering into an agreement for instructional services, the parties agree as follows: 1. Mt. San Antonio College agrees to: • provide cooperation and counsel of its administration and staff in the conduct of the program; • provide all instructors who are college employees and are responsible for duties specifically assigned as part of their instructional duties as determined by the College; • assume the responsibility for the development, organization, and the implementation of the curriculum under the direction of a qualified college instructor; • indemnify and hold the Institution harmless against any claim, demand, or judgment arising out of the negligence of College students or instructors under this agreement while actively involved in the program. 2. The Institution agrees to: • provide classroom/instructional facilities as agreed between the College and the Institution through the Program Supervisor; • provide a room at the Institution for the equipment and will take responsible care to protect the equipment; 3. Indemnify and hold the College harmless against any claim, demand, or judgment arising out of any activities performed by its officers, employees, or agents under this agreement, or caused by a condition of its real or personal property. All classes offered will be open to any member of the community who wishes to attend based on available space. 4. Scheduling will be determined cooperatively between the Institution and the College representative (Program Supervisor). All changes must have prior approval of the College. Use of Facilities Agreement Page 2 5.It is the concern and policy of the Institution that it treat all students/instructors equally without regard to race, color, religion, sex, national origin, marital status, handicap or age. Indemnification for COVID-19: Parties agree and understand the Center for Disease Control and Prevention (CDC)as well as the Los Angeles County Department of Health (LADPH), OSHA and Cal OSHA have set forth guidelines and governmental directives regarding COVID-19. Mt SAC to the best of its knowledge and belief is in compliance with those current CDC guidelines and applicable governmental directives. Any such party listed in said agreement will to the best of its knowledge and belief follow and be in compliance with current guidelines and applicable governmental directives mentioned above. Parties hereto shall indemnify and hold each other harmless their perspective trustees, officers, and agents from any and all claims, losses, damages or injuries to persons, and all costs, expenses and reasonable attorney fees incurred, related to a respective party and any COVID-19 related exposures including the contraction of COVID-19. Should either party be found negligent in their responsibilities to be in compliance with said COVID-19 guidelines as agreed upon could result in termination of said agreement. Mt San Antonio Community College agrees to add City of Baldwin Park as an additional insured to the extent permitted under the law, and will not cover you for your own active negligence or willful misconduct. This agreement shall remain in effect from year to year, but may be terminated or amended as identified above. BY Signature Signature William T. Scroggins Please Type Name Please Type Name President/CEO Title Title Date Date Board of Trustees Approved: _ Mt. San Antonio College School of Continuing Education Division 1100 N. Grand Avenue Walnut CA 91789 Manuel Carrillo Jr. Director of Recreation & Community Services STAFF REPORT ITEM NO. _________4________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: September 1, 2021 SUBJECT: Approve a Request-for-Service Proposal with David Volz Design for Professional Landscape Architectural Design Services for the Barnes Park Regional Project Including Enhancements, Expansion and New Dog Park SUMMARY This item will approve Request-for-Service (RFS) proposal for Landscape Architectural Design Services with David Volz Design for approximately 5.5 acres enhancement, expansion, and Dog Park Design at Barnes Park. The services will include park enhancements, such as a new dog park, basketball court, soccer/play fields, green space/picnic areas, and ADA compliant running/walking paths and other related Professional Services. RECOMMENDATION Staff recommends that the City Council authorize the Director of Public Works to execute the RFS proposals from David Volz Design in the amount of $351,780 for the completion of Professional Landscape Architectural Design Services including plans, specifications, and estimate (PS&E) for the enhancements, expansion, and Dog Park as part of the Barnes Park Regional Project. FISCAL IMPACT There is no impact to the General Fund. The following table lists the funds available for the project for FY 2021-2022: Approved Funds Amount Measure W Grant Fund – Fund # 278-50-520-58100-55001 $2,495,505.00 Park Fees – Fund # 234-50-520-58100-55001 $50,000.00 Total Funding Source $2,545,505.00 Estimated Cost Amount Contract for Landscape Architectural Design Services $351,780.00 Contingency (10%) $35,180.00 Total Estimated Cost $386,960.00 BACKGROUND On November 6, 2018, Measure W for the Safe Clean Water Program (Program) was approved by Los Angeles County voters. Funding through Measure W is provided through a parcel tax of 2.5 cents per square foot of impermeable land area (buildings, concrete, etc.). Measure W Special Parcel Tax revenues collected by LACFCD will allocate ten percent (10%) to the District for implementation and administration of projects, forty percent (40%) to cities within the County, in the same proportion as the amount of revenues collected within each city, and fifty percent (50%) to regional programs and projects within various watershed groups. Stormwater, which is rainwater that flows over the ground and directly to a waterbody (e.g., San Gabriel River), becomes polluted from natural and chemical materials, litter, and other waste. Measure W provides cities, including the City of Baldwin Park, and Los Angeles County with funds to capture, treat, and recycle stormwater within the various watershed areas. Infrastructure projects and programs funded through the Program will incorporate nature-based solutions and have water quality, water supply, and community investment benefits. Measure W funding will increase drought preparedness, improve water quality and public health, promote green jobs, and ensure investment in enhanced quality of life for the City of Baldwin Park’s residents and businesses. Through Measure W funding, the City of Baldwin Park can invest in infrastructure projects and programs which comply with federal and state laws regulating water quality and reduce the amount of polluted stormwater flowing into the San Gabriel River, which recharges the groundwater that is approximately half our drinking water supply. The City of Baldwin Park applied to the Program during Round 1 Call for Projects (FY2020-2021) for a stormwater infrastructure project at Barnes Park (Project). The Project was chosen to receive funding for the requested amount of $14,735,690 programmed over four years through FY2023-2024. Barnes Park is within a 384-acre watershed that drains through a storm drain system directly into the San Gabriel River, which runs adjacent to the west side of the park. The Project features a pretreatment system and an underground stormwater infiltration system that will capture and infiltrate runoff from the residential area northeast of the park. The scope of the Project also includes park enhancements, such as the addition of a new dog park, basketball court, soccer/play fields, green space/picnic areas, and ADA compliant running/walking paths. DISCUSSION On April 21, 2021, the City Council authorized a pre-qualification list for on-call professional Engineering consultant services and approved Professional Services Agreements (PSAs) for Engineering Design, Plan Check, Construction Management, Inspection and Related Services. Additionally, the City Council provided Staff with direction to bring all RFS proposals exceeding the City’s purchasing policy limits for Council consideration. The cumulative total for these services exceeds the Executive signatory limits set by the City’s purchasing policy. Due to the installation of stormwater infiltration basin, the park fields, and grounds to the south of the play lot and exercise area will be dug out for underground water storage. Additionally, two vacant lots north of the developed park will be impacted. Once this underground work is completed, a new park development is envisioned. The proposed work for the Barnes Park will consist of universal playground with a new shade structure, enclosed/walled mini soccer court, two full sized basketball courts, public art piece, new landscape and irrigation, parking lot addition, new perimeter walkway path, new picnic shelters, and a new Dog Park (Approximately 0.7 acres) along the southern park space. ALTERNATIVES 1. The City Council may choose not to approve the RFS proposals from David Volz Design 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 action being considered by the City Council is pending California Environmental Quality Act (CEQA) determination. An Initial Study has been prepared; however further assessments will be conducted during the design of the project. LEGAL REVIEW None Required. ATTACHMENTS 1. David Volz Design proposal for the Design of the Barnes Park Reginal Project Enhancements, Expansion and New Dog Park Design Landscape Architects and Park PlannersDVDDavid Volz Design Designing landscapes that create community To Provide Professional Landscape Architectural Design Services for CITY OF BALDWIN PARK BARNES PARK EXPANSION REVISED AUGUST 16, 2021 AUGUST 2, 2021 Landscape Architects and Park PlannersDVDDavid Volz Design Corporate Office 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 714.641.1300 Coachella Valley Office 78060 Calle Estado La Quinta, CA 92253 760.580.5165 San Jose Office 111 North Market Street, Suite 300 San Jose, CA 95113 669.444.0461 DESIGNING LANDSCAPES THAT CREATE COMMUNITY www.dvolzdesign.com August 2, 2021 Revised August 16, 2021 John Beshay City of Baldwin Park 14403 Pacific Avenue Baldwin Park, CA 91706 RE: PROPOSAL TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR BARNES PARK EXPANSION Dear Mr. Beshay, The David Volz Design team has a long resume of outstanding park refurbishment projects. DVD has provided complete makeovers for large parks creating new recreation offerings, providing up to date access opportunities, and updating the viability of existing park infrastructure. We are currently working on large park refurbishment projects in Yorba Linda, San Dimas, L.A. City and Costa Mesa. Primrose Park in Temple City, a proposition 68 funded project, is currently under construction. DVD recently completed a 5-year $5 million update of South Gate’s 100-acre community park, and last year Orangewood Park in West Covina was completely rebuilt into a stellar community facility. A ten-million-dollar makeover designed by DVD of Fremont Park, Glendale’s oldest park, will be under construction later this year. DVD is well prepared to work with you and your staff and CWE to implement a comprehensive refurbishment plan that will provide updated recreational opportunities, sustainable improvements, and maintenance upgrades that will enhance Barnes Parks’ value to the community of Baldwin Park. We will use the concept plan and grant application program as a guide to provide the improvements the community has identified as important. We are adept at developing construction documents that ensure high quality construction with minimal change orders on refurbishment projects. We have identified in this proposal several recent and ongoing projects for you to review. As you review our expertise and experience, please consider the unique and proven benefits of David Volz Design. EXPERIENCE ON SIMILAR PROJECTS – DVD has been commissioned to lead the design process for hundreds of public park renovation projects. This work has resulted in accolades from community groups and design awards. The public projects we have been working on recently include: refurbishment of four parks in Irvine, the design of two parks in Lawndale, several parks in Anaheim, four parks in Lynwood, Costa Mesa’s Jack Hammett Park, San Juan Capistrano’s Los Rios Park, a renovated park for West Covina and beautiful new pathways, band shelter, lighting, infrastructure and gardens for the South Gate Community Park. Also, the City of Stanton recently opened the award-winning DVD designed 11.5- acre Stanton Central Park. This park was a featured stop on last year’s CPRS Park Operations Tour. QUALIFICATIONS OF THE DESIGN TEAM – I, David Volz, will lead the design input process. My firm Landscape Architects and Park PlannersDVDDavid Volz Design Corporate Office 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 714.641.1300 Coachella Valley Office 78060 Calle Estado La Quinta, CA 92253 760.580.5165 San Jose Office 111 North Market Street, Suite 300 San Jose, CA 95113 669.444.0461 DESIGNING LANDSCAPES THAT CREATE COMMUNITY www.dvolzdesign.com has specialized in the delivery of public projects including dozens of CPRS and APWA Award-winning parks. Mr. Gary Vasquez, DVD’s Director of Design, will provide the creative flair that makes DVD’s parks special places for play and recreation. Together, we will lead a team of landscape architects who are dedicated to public landscape design and who have extensive park planning experience. REFERENCES – We have included ten specific client references; city officials who have direct experience with the DVD team on similar projects. Also, in the appendix section, we have included letters and quotes of recommendations from recent public agency clients who have high praises for our firm. RESPONSE TO THE PROJECT CHALLENGES – The design expertise required for the planning expansion design at Barnes Park is matched by DVD’s offerings in this proposal. Our team has carefully reviewed the park site, identified development opportunities and provided, in this proposal, a proven strategy for developing an inspired program for park revitalization. Park planning is our passion and we will provide outstanding service on this important commission. David Volz Design has a very creative park planning team who has designed hundreds of community parks and public landscapes. Our desire to be Baldwin Park’s design partner for the development of this Refurbishment and Park Expansion Program will be evidenced in our energy and enthusiasm every step of the way. My firm and I look forward to working with you and your staff on this exciting and important park project. Very truly yours, DAVID VOLZ DESIGN David J. Volz, R.L.A. # 2375 LEED Accredited Professional, QSD/QSP BARNES PARK EXPANSION, CITY OF BALDWIN PARK DVD Barnes Park will be raised due to the upcoming stormwater infiltration basin project. The park fields and grounds to the south of the play lot and exercise area will be dug-out for underground water storage. Likewise, two vacant lots north of the developed park will be similarly impacted and once this underground work is complete new park development is envisioned. The southern area could be redeveloped as the long planned dog park space. The north end lots are slated for a new playground and mini soccer pitch. Also to the north of the existing recreation building, new basketball courts (two) and expanded parking are anticipated. The center of the park, the open grass play field between the existing play lot and the two picnic pavilions, is to be reimagined as an updated-upgraded recreation venue. This space could include new picnic pavilions, walkways, stage for movie screening, and other recreation uses. The proposition 68 grant application including the documented public input will provide inspiration for the DVD park planning team to use in developing a new concept plan for this parks reconstruction. The DVD team will work with the city staff to develop a concept plan for the whole park. The design will carefully consider the many ideas for park enhancement that have been put forward over the past few years. In particular our park planners will consider the outreach and community desires put forth in the development of last years’ proposition 68 grant application. A concept plan, for city leaders consideration will be developed through a series of city staff review meetings where alternatives and ideas will be honed into a master plan for the parks reconstruction. The building, existing play lot, exercise area and parking will remain as is, all other parklands will be re-envisioned as a new activated community recreation focused facility. Once a master plan layout is agreed upon, the DVD team will provide graphic plans “style” pictures, atrist renderings and descriptive narratives to present the plan to the community and the Baldwin Park commissions and city council. Construction drawings for the many envisioned recreation elements and the sites finish grades will be started as the master plan is developed. The DVD will coordinate closely with the CWE group to provide guidance on grading, fill materials, and foundations for structural elements. This preliminary design development work will provide the stormwater engineers some guidance in exploring WORK PLAN BARNES PARK EXPANSION, CITY OF BALDWIN PARK DVD ways to minimize conflicts between the park elements and the underground stormwater facilities. Similarly, the park design layout will consider the stormwater surface constructions, access and bearing loads required for the underground facilities. All of David Volz Design’s park designs will also consider and include sustainable materials and construction methods, low water use, environmentally sound plantings and irrigation, safety and security, and low maintenance requirements. As the master plan is being approved the construction documents will be started. Upon final approval of the development program and plan, the construction documents will be developed and engineering plans will be pushed forward. Final construction documents ready for public bid will be prepared, in coordination with CWE, for the park’s reconstruction. David Volz Design team will initiate the approval process, we will assist the city staff with bidding and we will provide active assistance through the projects construction. Our park planning team has provided similar services on hundreds of park development projects, many of these parks have general awards and accolades from community and professional societies. UNDERSTANDING & APPROACH BARNES PARK EXPANSION, CITY OF BALDWIN PARK DVD WORK PLAN A. Northern Park Space – Approximately 2 acres $1.6 million Prop 68 Application 1. Universal Playground with a new shade structure 2. Enclosed/Walled mini soccer court (Futsal Court) 3. Two full sized basketball courts 4. Public art piece, water themed 5. New landscape and irrigation 6. Parking lot addition B. Southern Park Space – Approximately 3.5 acres $3 million Reconstruction due to stormwater facility 1. New perimeter walkway path 2. New picnic shelters 3. Possible small parking lot 4. New recreation elements (to be determined) 5. New updated landscape and irrigation 6. Dog park at south end of park – Approximately 0.7 acres 7. Land sculpting – use excess fill dirt to create unique contours/spaces C. Possible additional program elements to be explored $600,000 – $1 million 1. Stage and movie screen for “Cinema on the Green” 2. Adventure play - existing play space enhancement, zip line, themed enhancement, etc 3. Special garden space – multi-culture plant selections, butterfly garden, labyrinth, sensory space, etc 4. Soccer field stands D. Site-wide Improvements $610,000 Prop 68 Application 1. LED Lighting ** Budget does NOT include general site grading, street right-of-way, or stormwater facilities ** BARNES PARK EXPANSION, CITY OF BALDWIN PARK DVD TASK ONE - PROJECT ADMINISTRATION & COORDINATION 1.01 Kick-Off Meeting (Virtual) – upon receipt of a written notice to proceed from the City, DVD will attend a kickoff meeting with the City and CWE to discuss the Project, data needs, next steps, expectations, etc. 1.02 Coordination – DVD will be responsible for coordination with CWE, as they are leading the overall park project. Additional coordination will also be required with the City. 1.03 Monthly Meetings (Virtual) – DVD will attend regularly scheduled monthly meetings with the City and Project team during the design phase. The Project’s design phase is expected to be completed by Summer/Fall 2022. MEETINGS & DELIVERABLES Kick-off meeting Coordination with CWE and city Schedule Monthly reviews TASK TWO - OUTREACH SUPPORT 2.01 Develop three renderings related to the park improvements, which must illustrate park expansion and dog park. Renderings will be used for outreach materials and may be posted to social media. 2.02 Prepare a park expansion/improvement description/overview for inclusion on the Project’s webpage (one page summary to be coordinated with CWE). WORK PLAN 2.03 Attend up to two (2) on-site pop-up events organized by CWE, which will include a half-day in the field talking to park users to share Project information. 2.04 Develop slides or content to share related to the park expansion and improvements (CWE will incorporate park expansion content with overall project information for presentations to City Council, SCWP, and other stakeholders). 2.05 Support CWE in the development of graphic and video content for social media (provide content, be available for interview, review graphics related to park expansion, etc.). Meetings & Deliverables Coordinate with CWE Council presentation, SCWP Two pop-up meetings with community Three renderings Program description TASK THREE - AMENITY DETERMINATION 3.01 Potential amenities related to the park expansion and onsite improvements were identified in the Proposition 68 application and are identified in the project RFP. 3.02 Coordinate meetings with the City and CWE team to confirm the amenities to be included. Coordination will be required with Public Works, Parks and Recreation, and others. These meetings are anticipated to be in addition to the monthly meetings identified under Task 1. David Volz Design proposes to provide the following design services to the City of Baldwin Park for the Barnes Park Refurbishment and Expansion. Our team is well versed in development of inspired park improvement plans. Construction documents, plan and technical specifications will be prepared for the approved renovations and improvements. The following services are proposed: BARNES PARK EXPANSION, CITY OF BALDWIN PARK DVD WORK PLAN 3.03 Coordination related to amenities shall be led by the park expansion team, while CWE will attend and provide information on funding program requirements and available funds. 3.04 Conceptual plans (similar to those included in the RFP) shall be updated prior to preparation of design plans. Conceptual plans must be approved by City prior to final design. 3.05 Amenity determination must be an immediate priority, as park improvements and scope must be described in the environmental document being prepared by CWE. Meetings & Deliverables Final Master Plan, Park program Review meetings with city and CWE Updated renderings TASK FOUR - ENVIRONMENTAL DOCUMENTATION SUPPORT 4.01 Once the amenities are determined and agreed upon, the DVD will coordinate with CWE for the development of environmental documents. The following support documentation may be required: a. Anticipated construction duration for park expansion features b. Types of equipment anticipated for construction of park amenities (to support the noise/air studies/ assessments) MEETINGS & DELIVERABLES Support CWE in project description and documentation TASK FIVE - PLANS, TECHNICAL SPECIFICATIONS & CONSTRUCTION COST BUDGET 5.01 Prepare construction plans and documents based on the format specified by CWE and the amenities/ improvements confirmed through Task 3. Topographic survey and utility base files will be provided by CWE. 5.02 Plans shall be prepared using AutoCAD and will be formatted for 24-inch by 36-inch plan sheets. Final plans shall be appropriately stamped and signed by a California registered and licensed Landscape Architect. 5.03 Design plans are to include recreational amenities, park expansion, dog park elements (if confirmed for inclusion), landscape, and irrigation. Irrigation will need to be replaced over the subsurface infiltration system, which shall be included in the irrigation plans. 5.04 Calculations to support landscape and irrigation design shall be included in deliverables. 5.05 Plans shall be submitted at the 50%, 75%, 90%, and 100% phases. 5.06 Plans will undergo an internal review by CWE prior to being reviewed by the City. 5.07 Technical specifications shall be prepared with the 75%, 90%, and 100% phases. The Project specifications will be based on the latest edition of the Standard Specifications for Public Works Construction (Greenbook). 5.08 Submittals shall be electronic, except for the 100% submittal, for which mylar plans shall submitted to CWE for inclusion in the final submittal package. 5.09 Constuction cost budget estimate a. Prepare construction cost estimate BARNES PARK EXPANSION, CITY OF BALDWIN PARK DVD WORK PLAN at each design phase submittal (50%, 75%, 90%, and 100%). b. Prepare a cost estimate for Operations and Maintenance (O&M) related to landscaping, irrigation, and onsite amenities. 5.10 O&M Manul Support a. Coordinate with CWE to develop narrative sections for inclusion in the overall Project O&M Manual related to landscape, irrigation, and new amenities. b. Consultant shall identify major elements for which O&M is required; inspection, operation, and maintenance activities for each component; O&M frequency by component; and anticipated life or replacement cycle. c. Estimate O&M costs. MEETINGS & DELIVERABLES Plans Specifications Construction cost budget estimate Coordinate with CWE O&M manual sections TASK SIX - BID SUPPORT 6.01 Respond to Request for Information (RFI) on the design plans or in the special provisions. (Note: Consultant shall be required to provide responses to contractors’ inquiries clarifying any errors, discrepancies, missing information, and oversights in the PS&E during the bidding period at no cost to the City. This may involve revising the plans and specifications as necessary to appropriately respond to the inquiries. Consultant shall provide responses within two (2) working days after receiving the initial inquiry.) 6.02 Attend pre-bid meeting. Meetings & Deliverables RFI responses Addenda as needed Pre-bid meeting BARNES PARK EXPANSION, CITY OF BALDWIN PARK DVD WORK PLAN PR DD SLA PP CT AD SCOPE OF SERVICES $220 $193 $175 $135 $121 $110 Task 1 - Project Adminstration & Coordination 12 16 16 8 12 12 76 12,380$ Task 2 - Outreach Support 10 20 20 10 20 10 90 14,430$ Task 3 - Amenity Determination 4 16 16 12 24 4 76 11,732$ Task 4 - Environmental Documentation Support 8 4 8 1 1 8 30 5,068$ Task 5 -Plans, Techincal Specifications, Construction Cost Budget 120 320 480 320 640 80 1960 301,600$ Task 6 - Bid Support 2 4 8 2 8 2 26 4,070$ 134 344 512 335 673 94 2092 349,280$ Reimbursables 2,500$ TOTAL PROPOSED DESIGN FEE ASSUMPTIONS: 1. 2. 3. b. Environmental Documents c. Engineering plans including Demolition, Grading, Horizontal Control, Parking, ROW, Lighting & Structural d. Base Maps, Survey, 3D plans e. Submissions to oversite and plan check entities David Volz Design proposes the following Not to Exceed fee schedule to provide the services identified in this proposal. The tasks listed below are offered at a fixed fee for the design services for identified program elements. a. Overall project management & coordination The included preliminary project program and the descriptions in the RFP have been considered in the proposed fee. Expansion of this program and added program elements could require additional fees. Total Hrs DVD Fee 351,780$ This fee proposal is broadly based upon a preliminary budget estimate for park improvements of $5 million. Services to be provided by CWE: STAFF REPORT ITEM NO. ________5_________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: September 1, 2021 SUBJECT: Approve Request-for-Service Proposals for Civil and Landscape Design Services with Infrastructure Engineers for the New City of Baldwin Park’s Big Dalton Trail Pocket Park Design at Francisquito Avenue SUMMARY This item will approve Request-for-Service (RFS) proposal for Civil and Landscape Design Services by Infrastructure Engineers for approximately 0.28 acres of new pocket park enhancements. Design services will include park enhancements, in the form of a class I bike path, lighting, native landscaping, ADA compliant ramps and sidewalk, shade structure, benches, bike racks, trash receptacles, fencing, wayfinding/monument signs, hydration station, and other related Professional Services. RECOMMENDATION Staff recommends that the City Council authorize the Director of Public Works to execute the RFS proposal from Infrastructure Engineers in the amount of $49,804.00 for the completion of the Civil and Landscape Design Services including plans, specifications and estimate (PS&E) for the Project. FISCAL IMPACT There is no impact to the General Fund. The following table lists the funds available for the project for FY 2021-2022: Approved Funds Amount Grant Fund – Fund # 270-50-520-58100-XXXXX $342,850.00 Park Fees – Fund # 234-50-520-58100-XXXXX $150,000.00 Total Funding Source $492,850.00 Estimated Cost Amount Contract for Civil and Landscape Design Services $49,804.00 Contingency (10%) $4,980.00 Total Estimated Cost $54,784.00 BACKGROUND The City of Baldwin Park submitted a competitive grant application to the California Natural Resources Agency under the Urban Greening Program for Projects in FY2020-2021. The purpose of the grant funds is to fund projects to reduce greenhouse gas emissions, strengthen the economy, improve public health and the environment - particularly in disadvantaged communities. The Project was chosen to receive funding for the requested amount of $342,850.00. The successfully funded project site is located on a 0.28 acre vacant lot at 13923 Francisquito Avenue within city boundaries. The project site is contiguous with the Walnut Creek Channel and the Big Dalton Wash trail and west of Francisquito Avenue. Because the property is owned by Los Angeles County Flood Control District (LACFCD), a maintenance agreement will be required and included in the project scope. On February 3, 2021 approved Resolution No. 2021-001 approving the application for the grant fund for California climate investments urban greening program for the Big Dalton Wash Trail Pocket Park. on April 22, 2021, the California Natural Resources Agency administers the grant and announced the successful award of funding in the amount of $342,850 for the city’s proposed pocket park project. The competitive grant is intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety. DISCUSSION On April 21, 2021, the City Council authorized a pre-qualification list for on-call professional Engineering consultant services and approved Professional Services Agreements (PSAs) for Engineering Design, Plan Check, Construction Management, Inspection and Related Services. Additionally, the City Council provided Staff with direction to bring all RFS proposals exceeding the City’s purchasing policy limits for Council consideration. The cumulative total for these services exceeds the Executive signatory limits set by the City’s purchasing policy. The proposed project will create a 12 foot-wide asphalt concrete Class I bike path with interpretive wayfinding signs that will span the entire project site from the existing eastern entrance along Francisquito Avenue and follows the curve of the existing LACFCD maintenance road to the western terminus of the project site. There will also be an 8 foot wide ADA compliant colored concrete sidewalk. The shade structure will house picnic tables and along the bike path benches will be available for resting. The Pocket park will serve as a way station to help cyclist recharge on their way to their destination. To aid the environment bio-swales/ dry river beds will to convey stormwater runoff, to remove debris pollution and to recharge the groundwater. CCTV security cameras will be installed, plus other amenities. Infrastructure Engineers’ has been working on the San Gabriel/Walnut Creek Bike Path Projects and is exceptionally familiar with the Project including coordination with LACFCD and Army Corp. of Engineers. Their qualifications and understanding of the scope of work, will expedite the project delivery. ALTERNATIVES 1. The City Council may choose not to award the contract to Infrastructure Engineers and reject all proposals. This action is not recommended as it may delay the work and increase costs. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The action being considered by the City Council is pending California Environmental Quality Act (CEQA) determination. An Initial Study has been prepared by Infrastructure Engineers; however further assessments will be conducted during the design of the project. LEGAL REVIEW None Required. ATTACHMENTS 1. Request for Services REQUEST FOR SERVICES N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS010-The Civil and Landscaping Design of the Francisquito Pocket Park (Design Phase)-08- 19-21.doc Page 1 of 3 City of Baldwin Park TO: Sam Gutierrez, Director of Public Works DATE: August 19, 2021 FROM: Farzad Dorrani, MS, Chief Operations Officer SUBJECT: The Civil and Landscaping Design of the Francisquito Pocket Park (Design Phase) Acct. No.: Type of Project: Public Works Community Development Traffic Park and Rec. Description of Request: The scope of service to design of Class 1 bike lane, Park benches, shade structure, landscape and irrigation of a Pocket Park in a currently vacant lot next to Walnut Creek Channel connecting to Francisquito Avenue which will include preparing Plans, Specifications and Construction Estimate (PS&E) as detailed in the attached Exhibit “A”: Infrastructure Engineers’ fee for above services is as indicated below: TASK DESCRIPTION Project Manager QA/QC Manager Associate Engineer Engineering Assistant CADD Operator Billing Rate:$176 $154 $131 $110 $105 Lump Sum 1 Project Management and Meeting 12 12 3,684$ 1,265$ 1,265$ 4,949$ 2 Utility Research and Coordination 2 12 1,582$ 264$ 264$ 1,846$ 3 Coordination with Army Corp and LACFCD 8 40 32 10,168$ -$ -$ 10,168$ 3 Coordination with SCE 2 8 24 4,040$ -$ -$ 4,040$ 4 Field Visit 1 6 4 1,402$ 506$ 506$ 1,908$ 5 Prepare Base Map 2 10 20 6 4,492$ -$ -$ 4,492$ 6 Prepare Conceptal Plans & Cost Estimate (35% Submittal)1 1 4 854$ 1,886$ 1,886$ 2,740$ 7 Prepare 65% PS&E Submittal 2 2 8 8 16 4,268$ 3,335$ 3,335$ 7,603$ 8 Prepare 90% PS&E Submittal 2 1 6 12 6 3,242$ 2,490$ 2,490$ 5,732$ 9 Prepare 100% PS&E Submittal 1 1 4 8 4 2,154$ 1,696$ 1,696$ 3,850$ 10 Prepare As-Built Plans 1 2 4 878$ -$ -$ 878$ 11 Bid Support 1 4 2 920$ 678$ 678$ 1,598$ 33 5 106 126 32 $ 37,684 $ 12,120 $ 12,120 $ 49,804 TASK TOTAL FOR ENGINEERING SERVICES DESIGN PHASE BID PHASE IE Team Total Armstrong & Walker Landscape Architecture Sub-Consultant Total TOTAL FEE This RFS is for the above tasks only and does not include any other tasks related to the project which is not listed herewith. A separate RFS shall be prepared for any additional tasks for City’s approval. REQUEST FOR SERVICES N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS010-The Civil and Landscaping Design of the Francisquito Pocket Park (Design Phase)-08- 19-21.doc Page 2 of 3 To be completed by Infrastructure Engineers: Project Number: Projected Date of Completion: Four (4) months from RFS Approval* Project Manager: Farzad Dorrani, MS Estimated Cost of Services: $49,804 Note * The timeline mentioned above depends on the other agencies response time during the design approval process by them and may take longer. __ 8/19/21 Farzad Dorrani, MS, Chief Operations Officer Date APPROVED TO PROCEED: Sam Gutierrez, Director of Public Works Date REQUEST FOR SERVICES N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS010-The Civil and Landscaping Design of the Francisquito Pocket Park (Design Phase)-08- 19-21.doc Page 3 of 3 Exhibit “A” ❖ August 2021 August 12, 2021 SUBJECT: REQUEST FOR SERVICES - FOR THE CIVIL AND LANDSCAPING DESIGN OF THE FRANCISQUITO POCKET PARK Project Details The project site is currently a vacant lot with an existing road that connects Franisquito Avenue to the Walnut Creek Channel. The proposed project would develop the pocket park and Class I bike lane on the northern and western portion of the project site. The balance of the project site would have no proposed improvements and remain as open area for Los Angeles Flood Control District (LACFCD) to conduct channel maintenance. The proposed park components below were prioritized and selected by the City’s residents. The proposed project would create a 12-foot-wide asphalt-concrete Class I bike lane with interpretive wayfinding signs that would span the entire project site from the existing eastern entrance along Francisquito Avenue and follow the curve of the existing road to the western terminus of the project site. Park benches would be adjacent to the proposed Class I bike lane with two benches north and south of the bike lane. There would also be a proposed 8-foot-wide ADA-compliant color concrete sidewalk in the northwestern portion of the project site. One park table equipped with shade structures is proposed north of the ADA-compliant concrete sidewalk and two park tables equipped with shade structures are proposed south of the proposed ADA -compliant concrete sidewalk. Between the proposed bike lane and the ADA-compliant concrete sidewalk, a proposed bioswale/dry riverbed would be developed to convey stormwater runoff, to remove debris pollution and to recharge the groundwater. Drought tolerant trees with high ca rbon sequestration, native plants/shrubs, sacrificial low-lying vegetation, big belly trash bins, CCTV security cameras, drinking fountains/bottle refill stations, and an irrigation system are proposed on the project site. A blue light emergency call box a nd a funding sign are also proposed on the project site. A concrete driveway and ADA -compliant sidewalk would be developed on the easternmost portion of the project site along Francisquito Avenue and the entire project site would also have perimeter fencin g. An open area for Los Angeles County Flood Control District (LACFCD) maintenance, with no proposed improvements, would be located between the proposed pocket park/bike path and the existing Walnut Creek Channel. Overall Project Objectives and Deliverables Civil and Architectural Design CONSULTANT shall identify tasks for Civil and Architectural Design and Material Selections to the following: 1. Provide civil engineering design and landscaping design services for Francisquito Pocket Park Project, including the preparation of PS&E and perform a site investigation to evaluate the existing condition of items pertaining to the following design elements. a. Design of new decorative street lights, blue light emergency call box including foundations and electrical connections and/or solar power b. Design of dual-use Bike trail system and maintenance road per LA County Flood Control guidelines c. Design of new native vegetation in landscape areas, irrigations and drought tolerant trees d. Design of new bioswales, LID, and Green-Street elements e. Design of new decorative ADA curb ramps as needed f. Design of crossing lights as needed g. Design of benches, shade structures, “Big Belly” trash cans, bike racks, fencing, wayfinding signs, monument signs, etc. h. Design of hydration station i. Design of roadway striping and signing 2. Prepare full conceptual design including renderings of the Francisquito Pocket Park 3. Conduct project kick-off meetings with Public Works staff in reviewing the project. Specific design criteria addressed during the meeting, along with preferred project strategies, cost limitations and, most importantly, potential cost savings that can be addressed in designs. Agendas of special items that warrant discussion at project status meetings, and prepare and distribute minutes with action items to involved parties. Detailed project scope, schedule milestones, construction objectives, and other pertinent project details. 4. Perform land surveys for the project as needed. 5. Perform Geotechnical services as needed. 6. Conduct fieldwork to verify the locations of surface utility features within the project limits. During the field investigation, validate the location s of other special features and items such as traffic signal loops. In conjunction with information researched, notify affected utility companies of the impending project. Surface features requiring adjustment will be identified and properly coordinated with the corresponding utility company. 7. Arrange to have potholes taken by the utility company If the proposed improvements interfere with existing utilities. Provide the City with copies of all Page 3 RFS August 2021 correspondence with the utility companies compiled in a book report at the submittal of 95% plan completion. 8. A base map will be prepared and used for the preparation of construction drawings. This will show existing features necessary to depict the intended work within the project. As-built plans, field measurements and field survey work will be used for the compilation. The field survey work will be limited to those items and areas necessary for the proposed design. This includes obtaining adequate topography and cross sections in areas of street widening or water or sewer line projects. This approach is anticipated to present a cost savings to the City while maintaining intent and quality of work. 9. Prepare a comprehensive set of technical specifications. All bid items required by the plans or otherwise needed to accomplish project construction will be thoroughly described in the general provisions and included in the contractor's bid list. 10. PS&E submittal package for City’s review at certain milestones, depending the scope of work for each project. These milestones are usually at 35%, 65%, 95% and 100%. A final set of signed Mylar plans, along with specifications and estimates, will be submitted to the City for bidding purposes. 11. Prepare as-built plans based on the red mark-up plans provided by the contractor at the end of project construction and submit to the City for their retention and filing. 12. Incorporate all items mentioned in the attached CRNA application (attachment 1) Project Administration and Project Management CONSULTANT shall identify tasks for Project Administration and Project Management shall take into consideration the following items: 1. Coordinate with LA County Flood Control and other agencies (Caltrans, SCE, Army Corp of Engineers, etc.) for the approval of the Maintenance Agreement for 30-years 2. Coordinate with all agencies with right-of-way along the Big Dalton Wash 3. Coordinate materials types with vendors and suppliers and specified it as part of the project 4. Coordinate with the water districts to incorporate their requirements into the design 5. Coordinate with the SCE to incorporate their requirements into the design 6. Review materials submittals for new streetlights including electrical connections and solar power 7. Provide Bid assistance and support including replying to RFI’s during bidding period Page 4 RFS August 2021 Design shall follow the following timeline in order to maintain the grant funds: ACTIVITY START END Kick-off Meeting for Design 9/20/2021 Design Phase 10/01/2021 12/30/2021 Advertise 01/03/2022 01/25/2022 Bid Opening 01/25/2022 Award of Contract Council Meeting 02/16/2022 Construction period 03/14/2022 06/08/2022 Project End 06/30/2022 Available Project Budget for construction and contingency is $415,000 I .. g ft B BALDWIN PARK: BIG DALTON WASH TRAIL POCKET PARK walnut Creek Channel Pocket Park Big Dalton Trail RESOLUTION 2021.001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM FOR THE BIG DALTON WASH TRAIL POCKET PARK WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the BIG DALTON WASH TRAIL POCKET PARK. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. Approves the filing of an application for the FOR THE BIG DALTON WASH TRAIL POCKET PARK; and Section 2. Certifies that applicant understands the assurances and certification in the application; and Section 3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and Section 4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code; and Section 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained, and Section 6. Certifies that applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and Section 7. Appoints the Director of Recreation & Community Services, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, and payment requests and so on, which may be necessary for the completion of the aforementioned project(s). PASSED, APPROVED, AND ADOPTED this 3rd day of February, 2021. _______________________________ EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, 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 February 3, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: Damian, Garcia, Hernandez, Mayor Pro Tem Avila and Mayor Estrada NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MARLEN GARCIA CITY CLERK 3. Eligibility for Non-Profit Applicants Not Applicable ❖ ATTACHMENT A ❖ 7077/ Big Dalton Wash Trail Pocket Park Project Page 1 CEQA Categorical Exemption Attachment A February 2021 ATTACHMENT A BACKGROUND, PROJECT DESCRIPTION AND JUSTIFICATION FOR CEQA EXEMPTIONS 1.0 PROJECT BACKGROUND Urban Greening Program The Urban Greening Program, administered by the California Natural Resources Agency, is a statewide initiative that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment — particularly in disadvantaged communities.1 The proposed project, the Big Dalton Wash Trail Pocket Park Project, is part of the 2020-2021 Urban Greening Program and would be funded by the California Natural Resources Agency. Big Dalton Wash Trail Pocket Park Project The City of Baldwin Park (City) proposes to develop the Big Dalton Wash Trail Pocket Park Project, which would develop a pocket park with a Class I bike lane that would connect a larger network of Class I bike lanes along the San Gabriel River Commuter Bikeway, commonly referred to as the Big Dalton Wash Trail. 2.0 PROJECT DESCRIPTION The City of Baldwin Park is proposing to develop a pocket park with a Class I bike lane on a 0.28-acre vacant lot located at 13923 Francisquito Avenue in the City of Baldwin Park. The project site is contiguous with the Walnut Creek Channel and the Big Dalton Wash Trail, and just west of Francisquito Avenue. The project site’s accessor parcel number (APN) is 8558-023-907.2 Refer to Figures 1 and 2, which depict the project’s location and existing site photographs. General Plan Land Use and Zoning The project site has a General Plan land use designation of Public Facilities (PF) and a zoning designation of Open Space (OS) (refer to Table 2).34 Surrounding Development The project site is surrounded by the Baldwin Plaza shopping mall to the north, the Walnut Creek Channel to the south, the Grand Park Inn across Francisquito Avenue to the east, and a mix of multi- family residential homes and a commercial building to the west.5 Refer to Table 2, which details the project site and surrounding area’s General Plan land use and zoning designations. 1 California Natural Resources Agency, 2020. Urban Greening. Accessed online at https://resources.ca.gov/grants/urban-greening/ , accessed on February 10, 2021. 2 Los Angeles County Office of the Assessor. Property Assessment Information System. Accessed online at https://maps.assessor.lacounty.gov/m/ , accessed on February 10, 2021. 3 City of Baldwin Park, 2018. General Plan Land Use Policy Map. Accessed online at https://www.baldwinpark.com/online-documents/community-development/planning/zoning-maps/2154-gplu- 11x17-2018/file , accessed on February 10, 2021. 4 City of Baldwin Park, 2019. Zoning Map. Accessed online at https://www.baldwinpark.com/online- documents/community-development/planning/zoning-maps/2028-zoning-11x17-december-2019/file , accessed 5 Google Earth Pro, 2021. Accessed on February 10, 2021. ❖ ATTACHMENT A ❖ 7077/ Big Dalton Wash Trail Pocket Park Project Page 2 CEQA Categorical Exemption Attachment A February 2021 Figure 1 PROJECT LOCATION MAP ❖ ATTACHMENT A ❖ 7077/ Big Dalton Wash Trail Pocket Park Project Page 3 CEQA Categorical Exemption Attachment A February 2021 Figure 2 PROJECT SITE PHOTOGRAPHS Photo 1: View of the southern portion of the project site along Francisquito Avenue. Photo 2: View of the southeastern portion of the project along Francisquito Avenue. Photo 3: View of the eastern portion of the project along Francisquito Avenue. Photo 4: View of the northeastern portion of the project along Francisquito Avenue. Source photos 1-4: Google Earth Pro, 2021 ❖ ATTACHMENT A ❖ 7077/ Big Dalton Wash Trail Pocket Park Project Page 4 CEQA Categorical Exemption Attachment A February 2021 Table 1 EXISTING LAND USES FOR THE PROJECT SITE AND SURROUNDING AREA Location General Plan Land Use Zoning Designation Existing Development Project Site Public Facilities (PF) Open Space (OS) Vacant Lot with existing road that leads to the Walnut Creek Channel North General Commercial (GC) General Commercial (C-2) Baldwin Plaza shopping mall South Public Facilities (PF) Open Space (OS) Walnut Creek Channel East General Commercial (GC) and Public Facilities (PF) General Commercial (C-2) and Open Space (OS) Grand Park Inn and the Big Dalton Wash Trail West Mixed Use (MU) and Public Facilities (PF) Industrial Commercial (I-C) and Open Space (OS) Multi-family residences, a commercial building and the Big Dalton Wash Trail Source: City of Baldwin Park, 2018. General Plan Land Use Policy Map. Accessed online at https://www.baldwinpark.com/online-documents/community-development/planning/zoning-maps/2154-gplu- 11x17-2018/file. City of Baldwin Park, 2019. Zoning Map. Accessed online at https://www.baldwinpark.com/online- documents/community-development/planning/zoning-maps/2028-zoning-11x17-december-2019/file Project Components The project site is currently a vacant lot with an existing road that connects Franisquito Avenue to the Walnut Creek Channel. The proposed project would develop the pocket park and Class I bike lane on the northern and western portion of the project site. The balance of the project site would have no proposed improvements and remain as open area for Los Angeles Flood Control District (LACFCD) to conduct channel maintenance. The proposed park components below were prioritized and selected by the City’s residents. The proposed project would create a 12-foot-wide asphalt-concrete Class I bike lane with interpretive wayfinding signs that would span the entire project site from the existing eastern entrance along Francisquito Avenue and follow the curve of the existing road to the western terminus of the project site. Park benches would be adjacent to the proposed Class I bike lane with two benches north and south of the bike lane. There would also be a proposed 8 -foot-wide ADA-compliant color concrete sidewalk in the northwestern portion of the project site. One park table equipped with shade structures is proposed north of the ADA-compliant concrete sidewalk and two park tables equipped with shade structures are proposed south of the proposed ADA -compliant concrete sidewalk. Between the proposed bike lane and the ADA-compliant concrete sidewalk, a proposed bioswale/dry riverbed would be developed to convey stormwater runoff, to remove debris pollution and to recharge the groundwater. Drought tolerant trees with high carbon sequestration, native plants/shrubs, sacrificial low-lying vegetation, big belly trash bins, CCTV security cameras, drinking fountains/bottle refill stations, and an irrigation system are proposed on the project site. A blue light emergency call box and a funding sign are also proposed on the project site. A concrete driveway and ADA-compliant sidewalk would be developed on the easternmost portion of the project site along Francisquito Avenue and the entire project site would also have perimeter fencing. An open area for Los Angeles County Flood Control District (LACFCD) maintenance, with no proposed improvements, would be located between the proposed pocket park/bike path and the existing Walnut Creek Channel. Refer to Figure 3, which depicts the conceptual site plan of the proposed project. ❖ ATTACHMENT A ❖ 7077/ Big Dalton Wash Trail Pocket Park Project Page 5 CEQA Categorical Exemption Attachment A February 2021 Figure 3 CONCEPTUAL SITE PLAN ❖ ATTACHMENT A ❖ 7077/ Big Dalton Wash Trail Pocket Park Project Page 6 CEQA Categorical Exemption Attachment A February 2021 3.0 REASONS WHY THE PROJECT IS EXEMPT The proposed project is exempt from CEQA under one categorical exemption, as detailed below. Categorical Exemptions Class 32 (CEQA Guidelines 15332): In-fill Development Projects Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. Justification why Project is Exempt: A) The proposed project would be consistent with the City’s General Plan land use of Public Facilities (PS) and zoning designation of Open Space (OS) for the project site. B) The project site is located in a developed and urban portion of the City. Development of the proposed project would be a portion of a 0.28-acre site, which is under the five-acre threshold. C) The project site is currently completely paved with no vegetation that would be considered as valuable habitat for endangered, rare or threatened species. D) The proposed project would not increase the population of the City such as a housing development and there would be no impact on vehicular traffic. The proposed project would improve pedestrian/bicycle traffic by further connecting a network of Class I bike lanes. The proposed project would promote pedestrian transportation instead of vehicular transportation, in combination with landscaping that has high carbon sequestration, would result in improved air quality. Although the project site is less than one-acre and would not be required to obtain the General Construction Storm Water Activity NPDES Permit, the proposed project would adhere to the requirements to the City’s Storm Water Quality Management Plan to ensure that construction activities would not cause significant impacts to the City’s water quality. Additionally, the proposed project would incorporate a bioswale/dry-riverbed that would filter runoff and improve water quality during operation compared to existing conditions. Construction of the proposed project would be temporary in nature and would not require excavation, drilling or blasting. Therefore, the project would not cause significant construction noise. Further, noise associated with park activities would not result in significant operational noise levels because the park includes passive recreational uses and would be open from dawn to dusk. ❖ ATTACHMENT A ❖ 7077/ Big Dalton Wash Trail Pocket Park Project Page 7 CEQA Categorical Exemption Attachment A February 2021 E) The proposed project would incorporate an irrigation system, emergency phone, and CCTV surveillance cameras that would require a nominal amount of water and electric utilities, which would be adequately served by the City. Additionally, the project site is located in a developed portion of the City and would be able to connect to nearby utility lines. The proposed project would fulfill all the criteria of a Class 32 exemption, and impacts would be less than significant. Notice of Exemption Revised 2011 To: Office of Planning and Research From: (Public Agency): P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 County Clerk County of: Project Title: Project Applicant: Project Location – Specific: Project Location – City: Project Location – County: Description of Nature, Purpose and Beneficiaries of Project: Name of Public Agency Approving Project: Name of Person or Agency Carrying Out Project: Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: Statutory Exemptions. State code number: Reasons why project is exempt: Lead Agency Contact Person: Area Code/Telephone/Extension If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been filed by the public agency approving the project?Yes No Signature: Date: Title: Signed by Lead Agency Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Date Received for filing at OPR: ```` Grantee: Baldwin Park Project Name: Baldwin Park Greening Project Contact and Address: Manuel Carrillo, Jr. 14403 E. Pacific Ave, Baldwin Park 91706 RMC Tasklist and Timeline 0 to Work Plan Task Number and Name Q3 2021 Q4 2021 Q1 2022 Q2 2022 Q3 2022 Q4 2022 Q1 2023 Q2 2023 Q3 2023 Q4 2023 Q1 2024 Q2 2024 Q3 2024 Q4 2024 Q1 2025 Q2 2025 End Period Task #1 - Project Management Task #2 - Planning and Design Schematic/Concept Level Design with Engineer Cost Estimate Consultation with the Conservation Corps Task #3 - Construction Construction Documents Construction Permits Construction Bid Package, Preparation and Start Bid Process Bid Approval for Construction Construction Period Completion Performance Begin and End Date: 6. FUNDING PLAN The City of Baldwin Park will complete the Big Dalton Wash Trail Pocket Park Project by leveraging CNRA Urban Greening Grant funds. Each source of funds are earmarked and readily available to support the Project. The City has identified Quimby funds and Los Angeles County Measure R Funds (available for transportation/mobility related projects) as ready and eligible sources of funds. If the Project is awarded, the City will revise the existing budget to ensure that the amount allocated to non-construction and contingency activities do not exceed the limits. The leveraged funds that the City will use to finance the Project will allow the City sufficient flexibility to meet the grant’s budget requirements. The City of Baldwin Park will use CNRA Urban Greening Round 4 Grant funds to support the following activities: 1. Site Preparation 2. Installation of Green Elements including trees, shrubs, native plants, bioswales, etc. 3. Installation of the Pathway 4. Wayfinding, educational and funding acknowledgement signage The following items will be acquired with Quimby funds: 1. Benches 2. Park Tables 3. "Big Belly" Trash Cans 4. Shade Structures 5. Remove and construct ADA Compliant Color Concrete Sidewalk 6. Remove and Construct ADA Compliant Concrete Driveway 7. Remove and Construct ADA Compliant Concrete Sidewalk 8. Blue Light Emergency Call Box 9. CCTV Security Camera System The following items will be acquired with Los Angeles County Measure R funds: 1. Administration 2. Technical Consulting Services City of Baldwin Park COST ESTIMATE FOR URBAN GREENING PROJECT PROJECT ELEMENT (SAMPLES ONLY) Unit of Measure Unit Price Quantity Total Amount UG GRANT Named Funding Quimby Named Funding Measure R Planting Palette/Design LS $5,000 1 5,000.00$ Survey for Drainage Plan LS $10,000 1 10,000.00$ 10,000.00$ Direct Project Administration LS $75,000 1 75,000.00$ Permits/CEQA LS $7,000 1 7,000.00$ 7,000.00$ Technical Consulting Service LS $10,000 1 10,000.00$ Subtotal Task 1 (not to exceed 25% of grant)107,000.00$ -$ 17,000.00$ -$ Clearing/Grubbing LS $ 20,000.00 20,000.00$ Grading and Compaction LS $ 10,000.00 1 10,000.00$ Provide Erosion Control and BMP's LS $ 1,500.00 1 1,500.00$ Mobilization LS remove 1 Subtotal Task 2 21,500.00$ 10,000.00$ Trees-15 Gallon (include type) w/dripline bubblers EA 500.00$ 11 5,500.00$ Bioswales SF 20.00$ 305 6,100.00$ Irrigation (in planting area)SF 8.00$ 7,575 60,600.00$ Bark Mulch (3" Thick Layer)TN 800.00$ 1 800.00$ Landscaping, Native Plants, and Shrubs LS 15,000.00$ 1 15,000.00$ Subtotal Task 3 88,000.00$ Asphalt Concrete Class I Bicycle Path and Maintenance Road CY 150.00$ 110 16,500.00$ Signing and Striping LS 3,500.00$ 1 3,500.00$ Road Signs EA 350.00$ 3 1,050.00$ Subtotal Task 4 21,050.00$ Hazard Insurance LS remove Wayfing Signs and Interpretative Aids EA 500.00$ 2 1,000.00$ Monument Sign EA 25,000.00$ 1 25,000.00$ Funding Acknowledgement Sign EA 500.00$ 1 500.00$ Benches EA 3,000.00$ 4 12,000.00$ Park Tables EA 1,200.00$ 3 3,600.00$ "Big Belly" Trash Cans EA 4,000.00$ 3 12,000.00$ Shade Structures EA 5,500.00$ 6 33,000.00$ Remove and construct ADA Compliant Color Concrete Sidewalk SF 6.00$ 3,725 22,350.00$ Remove and Construct ADA Compliant Concrete Driveway SF 12.00$ 350 4,200.00$ Remove and Construct ADA Compliant Concrete Sidewalk SF 6.00$ 810 4,860.00$ Blue Light Emergency Call BoX EA 5,000.00$ 2 10,000.00$ CCTV Security Camera System EA 12,000.00$ 3 36,000.00$ Refill/Hydration Station EA 2,000.00$ 2 4,000.00$ Traffic Control LS 1,500.00$ 1 1,500.00$ 1,500.00$ Perimeter Fencing (type)EA remove Subtotal Task 4 7,000.00$ 163,010.00$ Estimated Fair Market Value of the Property N/A remove Preliminary Title Reports/Appraisal remove Surverying (limited to boundary line adjustment)remove Direct Costs (staff and consultants- not to exceed $10,000 per grant)remove State approval costs of appraisal transaction review remove Subtotal Task 6 (Acquisition) Contingency (not to exceed 10% of grant)$37,300 $373 $2,700 TOTAL -$ $281,850 $163,383 $29,700 $474,933 *All project expenditure documentation should be available for audit whether paid with grant funds or other funds. **Only direct project management costs are eligible; no overhead/indirect costs are reimbursable. In-service payroll may not include a "billable rate" or administrative cost allocation. 5. Other 6. Acquisition (Acquisition Projects Only) 1. PROJECT MANAGEMENT 2. Site Preparation 3. Green Elements 4. Bicycle Lanes Plant Palette for CNRA Urban Greening Grant Big Dalton Mini-Park: Water Usage WUCOLS Container Size Quantity Native Trees/ Large Shrubs TAXONOMIC NAME:COMMON NAME: Arbutus 'Marina'No common name L 15 gallon 2 Prunis ilicifolia Hollyleaf Cherry L 5 gallon 27 Heteromeles arbutifolia Toyon L 5 gallon 28 Platanus racemosa Western Sycamore L 15 gallon 5 Native Shrubs TAXONOMIC NAME:COMMON NAME: Arctostaphylos 'Pacific Mist'Manzanita 'pacific mist'L 1 gallon 26 Encelia farinosa Brittlebush L 1 gallon 38 Verbena (Glandularia) lilacina 'De La Mina'Lilac Verbena L 1 gallon 27 Native Grasses TAXONOMIC NAME:COMMON NAME: Carex pansa Dune Sedge M*1 gallon 29 Juncus patens 'Carmen's Grey'Carmen's Grey Rush M*1 gallon 38 Stenotaphrum secundatum St. Augustine Lawn H**sod 190 square feet Native Ground Covers TAXONOMIC NAME:COMMON NAME: Ceonothus gloriosus 'Anchor Bay'Anchor Bay Wild Lilac - ground cover L 1 gallon 45 Salvia 'Bees Bliss'Purple sage - ground cover L 1 gallon 60 *Note: Moderate water use grasses are species that can tolerate prolonged wet soil and are used in bioswale areas. These species require moderate irrigation during the dry season. **Note: High water use St. Augustine lawn is used in a small area adjacent to picnic tables, where it will get foot traffic and overflow activity, requiring a flat, durable surface. Both of the above plant types are proposed for small areas - 6.5% of total project area for moderate water use bioswale grasses, and 3.5% for high water use lawn. Plant Palette for CNRA URBAN Greening Grant Jackson:Water Usage WUCOLS Native Trees TAXONOMIC NAME:COMMON NAME: Cercis occidentalis Western Redbud L Parkinsonia hybird Desert Museum Palo Verde VL Populus fremontii Fremont cottonwood M Prunus ilicifolia Hollyleaf Cherry VL Quercus engelmannii Engelmann Oaks VL Quercus agrifolia Coast Live Oak VL Juglans californica California Black Walnut L Chilopsis linearis Desert Willow VL Landscaping Trees TAXONOMIC NAME:COMMON NAME: Quercus palustris Pin Oak M Quercus ilex Holly Oak L Quercus suber Cork Oak L Fraxinus velutina Velvet Ash M Pinus halepensis Aleppo Pine L Albizia julibrissin Mimosa or Silk tree L Handroanthus (Tabebuia) impetiginosa Pink Trumpet M Chitalpa tashkentensis Chitalpa Not on WUCOLS - but Chilopsis is VL Pyrus calleryana Callery Pear tree M Brachychiton acerifolius Illawarra Flame Tree L Pistacia chinensis Chinese pistache M Cinnamonum camphora Camphor Tree M Food Trees TAXONOMIC NAME:COMMON NAME: Prunica granatum Pomegranate L Food Shrubs and Vines TAXONOMIC NAME:COMMON NAME: Rosmarinus officinalis Rosemary L Salvia officinalis Salvia M Thymus vulgaris Thyme- Lime M Thymus vulgaris Thyme- Golden M Vitis Grape Vine M Native Shrubs TAXONOMIC NAME:COMMON NAME: Achillea millefolium Common Yarrow L Arctostaphylos 'Pacific Mist'Manzanita 'pacific mist'L Artemisia californica California Sagebrush VL Asclepias fascicularis Narrowleaf Milkweed VL Baccharis pilularis Coyote Brush L Ceonothus 'Ray Hartman'Ray Hartman Wild Lilac L Encelia californica Califronia Bush Sunflower VL Epilobium spp.(Zauschneria) and cvs California Fuchsia VL Eriogonum fasciculatum California Buckwheat VL Eriogonum giganteum Giant Buckwheat VL Eriogonum grande rubescens San Miguel Island Buckwheat VL Eriophyllum confertiflorum Golden Yarrow VL Eschsholisca californica California Poppy VL Gambelia speciosa & cvs. (Galvesia speciosa)Island snapdragon VL Heteromeles arbutifolia Toyon VL N Heuchera hybrids and cvs. ( CA natives )Coral Bells M Isocoma menziesii Goldenbush VL Isomeris (Peritoma) arboea Bladderpod VL Lepechinia fragrans Pitcher Sage L Mahonia nevinii Nevin's barberry VL Mahonia aquifolium (Golden Abundance)Oregon Grape L Malacothamnus fasciculatus Chaparral Mallow VL Mimulus 'jelly bean'Jelly Bean Gold Monkey Flower L Mimulus longiflorus Common Monkeyflower VL Penstamon eatonii Eaton Penstemon L Penstemon heterophyllus 'margarita BOP'Foothill Penstemon L Penstemon spectabilis Showy Penstemon L Rhamnus (Frangula) californica CoffeeBerry Eve Case or Mound San Bruno VL Rhamnus ilicifolia Hollyleaf Redberry VL Rhus integrifolia Lemonade Berry VL Salvia apiana White Sage VL Salvia clevelandii Cleveland Sage VL Salvia leucophylia 'Amethyst Bluff'Amethyst Bluff Sage (Purple Sage)VL Salvia mellifera Black sage VL Salvia spathacea Hummingbird Sage L Salvia 'Whirly Blue'Whirly Blue Sage M Sisyrinchium bellum Blue-eyed Grass L Sphaeralcea ambigua Apricot Mallow L Trichostema lanatum Wooly Blue Curls VL Verbena (Glandularia) lilacina 'De La Mina'Lilac Verbena L Ornimental Shrubs TAXONOMIC NAME:COMMON NAME: Salvia leucantha 'Santa Barbara'Santa Barbara Sage (native to Mexico)L Salvia microphylla 'Hot Lips'Hot Lips Sage L Lavandula Lavender L Lantana hybrids L Cistus purpureus Rock Rose L Salvia greggii 'RED'Greggii Sage L Grasses and Grasslike TAXONOMIC NAME:COMMON NAME: Carex praegracillis Field Sedge M Deschampsia caespitosa Tufted hairgrass M Juncus patens Juncus L Muhlenbergia rigens Deer Grass L Stipa pulchra (Nassella pulchra)Purple Needlegrass VL Vines TAXONOMIC NAME:COMMON NAME: Lonicera subspicata Chaparrel honeysuckle VL Vitis 'Roger's Red' Roger's Red grape L Vitis girdiana Desert Grape L Groundcovers TAXONOMIC NAME:COMMON NAME: Artemisia californica 'canyon grey'California Sagebrush - ground cover L Baccharis pilularis cvs.Dwarf coyote brush L Ceanothus griseus Yankee Point Ceanothus L Eriogonum fasciculatum 'Bruce Dickenson'California Buckwheat - ground cover VL Ribes viburnifolium Santa Catalina Island Current VL Salvia mellifera Terra Seca Black sage - groundcover VL Salvia 'Mrs Beard'Cleveland Sage - ground cover L Salvia 'Bees Bliss'Purple sage - ground cover L 41 APPENDIX H - PROPERTY DATA SHEET Complete the Property Data Sheet, listing all parcels included in the proposed project, as well as the owner(s) of each parcel. Indicate and attach all required documents* including any clarifying comments below. Attach additional sheets if necessary. No. Owner Name Assessor Parcel Number(s) Acreage Indicate type of ownership. For acquisitions, indicate type of purchase For all parcels, indicate *document used to demonstrate ownership and attach a copy of each document-clearly labeled with the APN-to this document If parcel(s) not owned by applicant(s) indicate *document verifying long-term Permission to Develop and maintain and attach here Entity to perform O&M # of years O&M to be performedFee Simple Easement Other (describe)Proof of Ownership (tax bill, grant deed, etc.) O&M AgreementLease JPA Letter from OwnerOther (describe)1 2 3 4 5 6 7 8 9 10 Comments: Total Number of Parcels: ____________________Total Number of Acres: ________________________________________________ X City of Baldwin Park 30.23 XLos Angeles County 8558-023-907 1 .23 The parcel is managed by the Los Angeles County Flood Control District Letter from Los Angeles County / Assessor Maps X . Type of ownership: The City of Baldwin Park will enter into a a Use and Maintenance Agreement with Los Angeles County (Owner). 8558 23 SHEET 1 MAPPING AND GIS SERVICES SCALE 1" = 150' P.A. 8558-21, 22, 23 Date Printed: 10/2412016 9:05:33 AM Date Saved: 10124/2016 9:05: 11 AM TRA 2153 2162 12302 2104 2158 2170 2152 2160 2171 REVISED 89030606004001 921130 PG 20 17 94012705003001-06 98111802-71 99071207002002-06 PG 29 LE BORGNE AVE 2001030802001002-06 2016082502-27 20161024 PG 15 SCHOOL @ 4.40±AC 2170 SCHOOL <§ 4.41±AC SEARCH NO 2.29±AC -0.04±" ST -0.01±" S2.24±AC OFFICE OF THE ASSESSOI COUNTY OF LOS ANGELE! COPYRIGHT© 2002 Pocket Park 8558 23 SHEET 1 MAPPING AND GIS SERVICES SCALE 1" = 150' P.A. 8558-21, 22, 23 Date Printed: 10/2412016 9:05:33 AM Date Saved: 10124/2016 9:05: 11 AM TRA 2153 2162 12302 2104 2158 2170 2152 2160 2171 REVISED 89030606004001 921130 PG 20 17 94012705003001-06 98111802-71 99071207002002-06 PG 29 LE BORGNE AVE 2001030802001002-06 2016082502-27 20161024 PG 15 SCHOOL @ 4.40±AC 2170 SCHOOL <§ 4.41±AC SEARCH NO 2.29±AC -0.04±" ST -0.01±" S2.24±AC OFFICE OF THE ASSESSOI COUNTY OF LOS ANGELE! COPYRIGHT© 2002 A�nn Los Angeles County Office of the Assessor Vatulno People and Propercy Parcel Details Property Information Assessor's ID No: Address: Property Type: Region / Cluster: Tax Rate Area (TRA): •View Assessor Map •View Index map 8558-023-907 Address Not Available Other 06/06137 02162 Recent Sales Information Latest Sale Date: Indicated Sale Price: Search for Recent Sales 2019 Roll Values Recording Date: Land: 02/45/1967 $0 Improvements: $0 Personal Property: $0 Fixtures: $0 Homeowners' $0 Exemption: Real Estate Exemption: $0 Personal Property $0 Exemption: Fixture Exemptions: $0 •2019 Annual taxes •Property tax payment FAQs·-·-·-·- X < + - V Property Assessment Information System 100 200ft C, LACounty Street Map • .,<ro ,, ",y /'(,r ,, CafJfOJ Hl{.'nVI Chp G / LA County I County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCR ... ( N'ly line OT. Bassett's Subdivision Tu,. GI f.ZZ 180966 Charles \fl/_ M \ ( 387.63') / b . "' _0-- / __, --- 19 Jc.s. Mon. r�lc.s. F. B. 5"1.0-44 PUENTE-- >< ( 564.35') 170.40' N. 41"19'11"E. ( 541.82') 1452.11' ' Tor. Ctf. QV-37533 Rosendo O. MaYquez 1445.06' (880') 25 (880') BALDWIN LOS Fd.C.S.Mon. } F.C.93-147 -----. . Flef•C.S.F.8.520-45 .'--:, · . :,,..__ ANGELES C.S. Mon. } C.S.F. B.520-44 '--, ....... -- 10' -----AVENUE lO -___________________________________________________________________________________ J.., ., -1 r _-'. No+e: Record di s+anc.e.s shawn in l ) . 0' Denotes Squoi-e feet. A COPY OF THIS MAP FILED JAN. 1954 AS C.S. B-2407-1 NOTE: FOR RIGHT OF WAY ACQUIRED PRIOR TO DATE OF TH IS MAP SEE 20-RW 10 SHEET I PREPARED C.J.W. CHECKED P.H.E. PRESENTED . H.D.K. REFERENCES EVISED C.1.4620-T 25 20-ML 7.1 <COND.l 20-MLIS tCONDl f>·/B-8B.'3-12·0!,3-8-635-\-G,� 10-15-.,,"-28-71 2 · 22 '78 RECOMMENDED I}) ft) f'd/?r -1,,- SENIOR ASSISTANT CHIEF")NGR, LOS ANGELES COUNTY FLOOD'CONT-ROL·." ', ",' ..... WALNUT CREEK WA:SH · .. .. •, ":,.· . . FRANCISQUITO ,AVENYE > TO •. ·<· V,INELAND APPROVED SCALE f= '1()0' . ' COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS “To Enrich Lives Through Effective and Caring Service” 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 http://pw.lacounty.gov February 11, 2021 MARK PESTRELLA, Director ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE:SWP-4 Urban Greening Grant Program c/o California Natural Resources Agency California Natural Resources Agency 1416 9th Street, Suite 1311 Sacramento, CA 95814 CALIFORNIA NATURAL RESOURCES AGENCY URBAN GREENING PROGRAM GRANT PROGRAM SUPPORT FOR THE BIG DALTON TRAIL POCKET PARK PROJECT CITY OF BALDWIN PARK ASSESOR IDENTIFICATION NUMBER (8558-023-907) The Los Angeles County Flood Control District understands that the proposed City of Baldwin Park Big Dalton Trail Pocket Park Project consists of enhancing the Walnut Creek Channel access area, located at the crossing of Francisquito Avenue, to create a 0.28 acre urban green space consisting of drought tolerant trees, native landscaping, irrigation system, bioswales, tables, benches, shade structures, ADA compliant walk paths, emergency blue light call boxes, a crosswalk, fencing, signage, water fountains, and self-powered smart trash bins. The District supports such projects consistent with its goal of enhancing the aesthetics of flood control channels and their rights of way and promoting beneficial uses. Prior to implementation of any proposed projects on District right of way, the City is required to comply with the District's landscaping guidelines, obtain the necessary permits from the District and appropriate regulatory agencies, demonstrate compliance with the California Environmental Quality Act, and enter into a Use and Maintenance Agreement with the District. Should the grant be awarded, the City will coordinate with the District to add this project to the 30-year Use and Maintenance Agreement for the Big Dalton Wash Trail Project, absent any unforeseen circumstances, that is substantially similar to the San Gabriel River Commuter Bikeway Project Phase I Use and Maintenance Agreement. Urban Greening Grant Program February 11, 2021 Page 2 The District looks forward to collaborating with the City to develop the Project to meet its goals, while balancing the needs of the District. If you have any questions, please contact Mr. Julian Juarez at (626) 458-7149 or jjuarez@pw.lacounty.gov. Very truly yours, MARK PESTRELLA Director of Public Works CAROLINA T HERNANDEZ Acting Assistant Deputy Director Stormwater Planning Division GC:yg P:\swppub\Secretarial\2021\Letters\LOS -Baldwin Park Big Dalton Wash Trail Greening Ph II- Walnut Creek Improvements.docx cc: City of Baldwin Park (Beshay, Marquez) Property Detail Report for: , BALDWIN PARK, CA, 91706- Owner Information: Owner Name: LA COUNTY FLOOD CONTROL DISTRICT Mailing Address: 900 S FREMONT AVE, ALHAMBRA, CA, 91803-1331 Vesting Code: Vesting Code Desc: Owner Type: Location Information: �-DIGITAL MAP! """"'""'P r,;II PRODUCTS ,, Legal Description: 'TR=EL MONTE WALNUT PLACE'THAT POR IN BALDWIN PARK UNIFIED SCHOOL DIST AND IN VALLEY CO WATER DIST OF WALNUT CREEK WASH(PER F County: LOS ANGELES Parcel No. (APN): 8558-023-907 FIPS Code: Census TrcVBlk: Twnshp-Rnge-Sect: Legal Land Lot: Legal Block: Subdivison: 06037 Alternative APN: / Legal Book/Page: Map Ref: 24 School District: Last Market Sale Information: Recording Date: Sale Date: Sale Price: Price Per SF: Price Per Acre: Deed Type: Sale Type: Title Company: Lender: Seller Name: Last Transfer of Ownership: Recording Date: Document Number: Doc. Type: Prior Sale Information: Recording Date: Sale Date: Sale Price: Sale Doc. No.: Seller Name: Title Company: Lender: Property Characteristics: Building Area (SF): No. of Units No. of Stories: Yr BuilUEffective: Condition: Construction: Roof Type: Roof Material: Parking Spaces: Site Information: Zoning: County Use Code: County Use Code Desc: Land Use Code: 5 I 100660192_195568184 0 BPOS* 8855 FLOOD CONTROL DRAINAGE 7021 New Construction: 1st Mtg Amount: 1st Mtg Type: 1st Mtg Doc No: Sale Doc No: Transfer Doc No: Book Number: Page Number: Sale Type: Transfer Doc. No.: New Construction: Total Rooms: Bedrooms: Bathrooms: O Basement: Basement Area (SF): Heat Type: Air Cond Type: Fireplace: Assessor Acreage: Calculated Acreage: Assessed Lot SF: Calculated Lot SF: 0.93 0.9253 40,305 40,306 FRANCISQUITO SITE Land Use Desc: Land Use Category: Topography: IRRIGATION, FLOOD CONTROL AGRICULTURAL/RURAL Tax and Value Information: Assessed Year: Total Assd. Value: Land Value: Improvement Value: Improvement %: Hazard Information: Flood Zone: Flood Panel: Flood Panel Date: 2020 $634 $634 06037C1700F 09/26/2008 Market Value Year: Land Market Value: Market lmprv. Value: Total Market Value: AVM Value: Assessor Lot W/D: Tax Year: Tax Rate Code: 2-162 Property Tax: Tax Exemption: Wetland Type: Wetland Classification: Adequate Site Control and Land Tenure The Big Dalton Wash Trail Pocket Park will be developed on property owned by the County of Los Angles and managed through its Department of Public Works and the Flood Control District. The City of Baldwin Park, due to the adoption of a Use and Maintenance Agreement for the San Gabriel River Commuter Bike Path/Big Dalton Trail Phase I with the County, it is familiar with the steps and processes required to enter into a Use Agreement with the County of Los Angeles. Currently, the City is preparing to enter into a 30 year Use and Maintenance Agreement with the County relative to the Big Dalton Trail Phase II. The City and County agreed to amend the original agreement for the San Gabriel River Commuter Bike Path (See attachment of adopted Use Agreement). In regard to the Big Dalton Wash Trail Pocket Park, the City and County will retake the same familiar steps toward a final Use and Maintenance Agreement that will comply with the conditions and terms established for CNRA Urban Greening Grant Program. Overview of Steps toward a Use Agreement between the City of Baldwin Park and the County of Los Angeles: •Coordinate the project design, planning and engineering with the LACFCD •Comply with the Los Angeles County Flood Control District’s (LACFCD) guidelines •Obtain required permits from the LACFCD, and appropriate regulatory agencies •Demonstrate compliance with the California Environmental Quality Act •Enter a 30 year Use and Maintenance Agreement with the District. Use Agreement No. 19-45 Use Agreement No. 19-45 San Gabriel Parcels: 381 and 541 Walnut Creek Parcels: 73, 107, 116, 151, 152, 153,154,155,156,157,161,162 and 163 ROW Map Nos: 6-RW 7.1 AND 20-RW 11.4 A.I.N.: 8550-001-902, 8550-001-907, 8564- 012-901, 8564-012-920, 8564-012-908, 8564- 009-908, 8564-014-905, 8564-015-900, 8559- 010-900, 8559-013-909 Supervisorial District: 1 USE AGREEMENT This Use Agreement is entered into by and between the RECITALS LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, herein referred to as "DISTRICT" and USER's name CITY OF BALDWIN PARK, herein referred to as "USER" WHEREAS, DISTRICT owns fee and easement interests to portions of San Gabriel River generally located at the confluence with Walnut Creek, in the City of Baldwin Park, State of California and, as more particularly shown on Exhibit A, attached hereto and made a part hereof, hereafter referred to as PREMISES; and WHEREAS, USER proposes to use a portion of PREMISES for public recreational purposes in connection with the USER's project known as the San Gabriel River Commuter Bikeway Project hereinafter referred to as (the Project); and WHEREAS, USER proposes to construct, operate, and maintain certain improvements on PREMISES in connection with the Project, including but not limited to a pedestrian and bicycle path, signage, traffic striping and metal hand rails, hereafter referred to as IMPROVEMENTS. HOA.102558609.1 Page 1 of 15 TENANT'S Initials~ DISTRICT'S Initials_ Use Agreement No. 19-45 NOW, THEREFORE, in consideration of these recitals and the faithful performance by USER and DISTRICT of the mutual covenants herein contained for the period of time herein set forth, DISTRICT and USER hereto mutually agree as follows: SECTION 1. Authorized Use 1.1. USER is authorized and permitted to use PREMISES for the construction, operation, maintenance, and use of IMPROVEMENTS in accordance with the terms and conditions of this Use Agreement and the approved plans. USER is not permitted to dedicate or personalize any IMPROVEMENTS or place signage on the PREMISES without prior written approval by DISTRICT. Any other use of PREMISES by USER is expressly prohibited. 1.2. USER acknowledges San Gabriel River and Walnut Creek is a working flood protection and water conservation facility and USER'S use of the PREMISES shall be subordinate to the primary uses and purposes of the PREMISES for watershed management including flood control, water conservation, and water quality purposes by DISTRICT and others (pursuant to DISTRICT'S permission), and USER'S use of PREMISES shall at no time interfere with the use of PREMISES or the use of DISTRICT'S adjacent property and/or improvements for such purposes or activities. 1.2.1. USER acknowledges that DISTRICT performs periodic maintenance on and within San Gabriel River and Walnut Creek. DISTRICT reserves the right to temporarily restrict or prohibit public access to some or all of the PREMISES, as DISTRICT determines to be reasonably necessary to perform these maintenance activities. DISTRICT shall not be responsible for providing alternative bicycle/pedestrian access to or within PREMISES during these maintenance activities. 1.3 DISTRICT reserves the right to use or allow others to use PREMISES for any and all lawful purposes in addition to flood control, water conservation, and water quality purposes including, but not limited to, public transportation, utilities, roads, parks and recreation, and/or other related uses together with incidental rights of construction and installation of facilities, ingress and egress, operation and maintenance. The exercise of the rights reserved herein shall not be inconsistent with the USER'S use or constitute unreasonable interference. HOA.102558609.1 Page 2 of 15 TENANT'S Initials~ / DISTRICT'S lnitiakV--_ Use Agreement No. 19-45 1.4 This Use Agreement is valid only to the extent of DISTRICT'S jurisdiction. Acquisition of permits required by other affected agencies or agencies with regulatory jurisdiction over PROJECT or IMPROVEMENTS and the consent of underlying fee owner(s) other than DISTRICT, hereinafter collectively referred to as THIRD-PARTY APPROVALS, if any, and is the responsibility of USER. USER shall be responsible for all costs associated with obtaining and complying with the requirements and conditions of all THIRD-PARTY APPROVALS, including, by way of example, permit fees and compensatory mitigation expenses. USER shall provide DISTRICT copies of all THIRD-PARTY APPROVALS. SECTION 2. Construction and Maintenance of IMPROVEMENTS 2.1. USER understands and acknowledges that it is required to comply with the requirements set forth in the California Environmental Quality Act CEQA and the State CEQA guidelines, the National Environmental Policy Act (NEPA) and any applicable NEPA regulations of any federal agency with regulatory jurisdiction over PROJECT or IMPROVEMENTS prior to implementing IMPROVEMENTS and that USER shall be the lead agency with respect to any and all CEQA compliance related to IMPROVEMENTS. In addition to its other indemnification obligations as specified below, USER hereby agrees to indemnify, defend, and hold harmless DISTRICT and County of Los Angeles and their elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to IMPROVEMENTS that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA. 2.2. USER shall bear all costs in connection with the construction of the IMPROVEMENTS, including preparation of plans and specifications and all construction costs and expenses. 2.3. Prior to commencement of any construction activity on PREMISES by or on behalf of USER, USER shall submit the plans and specification for the IMPROVEMENTS, and shall apply for and obtain a permit from, the Land Development Division, Encroachment Permits and Inspection Section, of the County of Los Angeles Department of Public Works. USER shall also obtain DISTRICT's prior written approval should USER propose to make any changes to the approved plans and specifications. DISTRICT shall have the right to refuse to issue a permit to USER if PROJECT or IMPROVEMENTS or any condition of any THIRD-PARTY APPROVAL impose additional regulatory requirements or impediments on the primary uses and purposes of PREMISES for watershed management, including HOA.102558609.1 Page 3 of 15 TENANT'S lnnials~ DISTRICT'S Initials _ Use Agreement No. 19-45 flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission). 2.4 . Upon completion of the construction of IMPROVEMENTS, USER shall provide DISTRICT with approved as-built plans. 2.5. USER shall keep, inspect, and maintain PREMISES and IMPROVEMENTS in a safe, clean, and orderly condition at all times during the term of this Use Agreement. USER shall adhere to the minimum maintenance standards as described in Exhibit B, attached hereto and made a part hereof, during the term of this Use Agreement and shall not permit trash and debris including, but not limited to, rubbish, tin cans, bottles, and garbage to accumulate at any time, nor shall USER commit, suffer, or permit any waste on PREMISES or IMPROVEMENTS or permit any acts to be done in violation of any laws or ordinances thereon. 2.6 USER shall comply with the Los Angeles County Flood Control District Policy Addressing Homeless Encampments within LACFCD Right of Way, at USER's cost, with respect to all portions of PREMISES occupied by the IMPROVEMENTS. The Los Angeles County Flood Control District Policy Addressing Homeless Encampments within LACFCD Right of Way is attached as Exhibit C to this use agreement and incorporated herein. 2. 7. USER shall remove graffiti from PREMISES and IMPROVEMENTS and any walls, fences, and signs, that are located within PREMISES anytime graffiti is discovered by USER or anytime USER is notified by DISTRICT. Graffiti must be removed within the following guidelines: 2.6.1 Remove vulgar graffiti (i.e., profane, obscene, or racist) within 24 hours, Monday through Friday. 2.6.2 Remove other graffiti within 72 hours, Monday through Friday. 2.8. USER shall replace or repair any property of DISTRICT that becomes damaged by USER or any person entering PREMISES at USER'S invitation or consent of, either expressed or implied, within a reasonable time to the satisfaction of DISTRICT or USER shall compensate DISTRICT for the damage within thirty (30) days of the USER'S receipt of an invoice from DISTRICT. 2.9. USER shall close all gates and take all actions necessary to render the PREMISES inaccessible to public access in the event USER abandons its operation and maintenance of IMPROVEMENTS or when the weather HOA.102ssa609.1 Page 4 of 15 TENANT'S Initials_ DISTRICT'S Initials_ Use Agreement No. 19-45 forecast for the next 24-hour period is for one (1) inch of rain or more, or when notified by the DISTRICT. SECTION 3. Term 3.1 . The term of this Use Agreement shall be for ten (10) years commencing upon execution by DISTRICT subject to DISTRICT'S right to terminate USER'S use as provided for in Section 4 below. 3.2 . This Use Agreement shall expire at the end of the Initial Term provided, however, that DISTRICT, upon approval by DISTRICT'S Board of Supervisors, may extend the term of this Use Agreement beyond the Initial Term, subject to such terms and conditions as it deems appropriate, upon receipt of a written request from USER no earlier than twelve (12) months or later than six (6) months prior to the end of the Initial Term. SECTION 4. Termination of Use 4.1. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least ninety (90) days' prior written notice under the following conditions: 4.1.1. DISTRICT proposes to implement a project on, or including, PREMISES for watershed management purposes including flood control, water conservation, and water quality; and 4.1.2. DISTRICT determines, in good faith, that IMPROVEMENTS and/or USER's use of PREMISES, or any of them, would be substantially incompatible with the proposed project; and 4.1.3. DISTRICT has notified USER of the basis for DISTRICT'S determination that a substantial incompatibility will exist and has provided USER with a reasonable opportunity to propose modifications to IMPROVEMENTS or USER's use of the PREMISES that will eliminate the incompatibility. 4.2. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least 60 days prior written notice if: (1) USER breaches any term or condition of this Use Agreement, or (2) changes in federal, state or local laws, rules and regulations result in the presence or use of IMPROVEMENTS imposing additional regulatory burdens or impediments on the primary uses and purposes of PREMISES for watershed management, including flood HOA.102558609.1 Page 5 of 15 TENANT'S lnlt ials t-1 D ISTRICT'S lnitiai's3._ Use Agreement No. 19-45 control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT's permission). 4.3 DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of the PREMISES if construction of the IMPROVEMENTS has not been completed within five (5) years from the date this Use Agreement is fully executed. 4.4. DISTRICT shall have the right to immediately cancel and terminate USER's use of PREMISES, or, at DISTRICT's sole discretion, to temporarily suspend such use in the event DISTRICT determines, in good faith, that it is necessary for DISTRICT to enter and take exclusive possession of PREMISES in order to respond to an emergency, as defined in Public Contract Code Section 1102. In the event of an emergency, USER shall bear any expenses associated with the cessation of such use, and shall have no rights or claims therefore against DISTRICT. 4.5. USER shall have the right to cancel and terminate its use of PREMISES, pursuant to this Use Agreement, for any reason by giving DISTRICT at least sixty (60) days prior written notice. SECTION 5. Removal of Improvements and Restoration of Premises 5.1. 5.2 5.3. 5.4 . HOA.102558609.1 Upon the expiration or sooner termination of this Use Agreement, USER shall, at its own expense, remove IMPROVEMENTS and restore the PREMISES, to a condition similar to or better than that which existed on the effective date of this Use Agreement, reasonable wear and tear excepted, provided, however that District, upon receipt of a written request from USER, may permit USER to leave all or portion of said IMPROVEMENT on PREMISES. Prior to commencing the removal of IMPROVEMENTS, USER shall apply for and obtain a permit from the Land Development Division, Encroachment Permits and Inspection Section, of the County of Los Angeles Department of Public Works. If USER fails to remove IMPROVEMENTS and restore PREMISES within ninety (90) days of the expiration of this Use Agreement or sooner termination of USER's use of PREMISES, pursuant to this Use Agreement, DISTRICT may remove IMPROVEMENTS. If DISTRICT removes IMPROVEMENTS pursuant to Subsection 5.3, DISTRICT shall submit a billing invoice to USER indicating the costs and expenses incurred by DISTRICT in connection with the remova~f the Page 6 of 15 TENANT'S Initials _ DISTRICT'S Initials_ Use Agreement No. 19-45 IMPROVEMENTS and USER shall reimburse DISTRICT all such costs and expenses for removing said IMPROVEMENTS within thirty (30) days of the billing invoice. SECTION 6. Miscellaneous Terms and Conditions 6.1. Indemnification HOA.102558609.1 6.1.1 In accordance with Government Code Section 895.4, DISTRICT and USER Agree to apportion responsibility and indemnification, notwithstanding any other provision of law, as follows: 6.1.1.1. USER shall indemnify, defend, and hold DISTRICT and the County of Los Angeles and their respective officers, employees, and agents harmless from, and against, any claims, demands, liability, damages, costs, and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from, or related to, the construction, reconstruction, maintenance, operation, use or removal of IMPROVEMENTS or USER's breach of any term of this Use Agreement, except to the extent caused by the willful misconduct of DISTRICT. 6.1.1.2. DISTRICT shall indemnify, defend, and hold USER and its officers, employees and agents harmless from and against, any claims, demands, liability, damages, costs, and expenses including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from or related to the construction, reconstruction, maintenance, operation, or removal of any improvements by DISTRICT on, above, or under PREMISES or arising from any and all uses of PREMISES by DISTRICT, except to the extent caused by the willful misconduct of the USER. 6.1.2 . USER releases DISTRICT and waives all rights to damages for any loss, costs, or expenses USER may sustain as a result of any damage to, or destruction of, IMPROVEMENTS or to the PREMISES attributable to DISTRICT's watershed management activities, including any flood control, water conservation or water quality activities on, or adjacent to, PREMISES, or attributable to any flooding caused by inadequacy or failure of DISTRICT's facilities, except to the extent caused by DISTRICT'S willful misconduct. Page 7 of 15 TENANT'S Initials ( DISTRICT'S lnitia&--_ Use Agreement No. 19-45 6.1.3. Each party to this Use Agreement shall include the other within the protection of any indemnification clause contained in any ancillary contract relating to PREMISES. 6.2. Without limiting USER's indemnification of DISTRICT, USER shall procure and maintain, in full force and effect during the term of this Use Agreement, insurance policies providing for the following insurance coverage: 6.3. 6.4. HOA.102558609.1 1111 Commercial general liability and property damage coverage with a combined single limit liability in the amount of not less than TWO MILLION DOLLARS ($2,000,000) per occurrence. ■ Worker's Compensation coverage in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both DISTRICT and USER against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by, or any person retained by, USER in the course of carrying out the work or services contemplated in this Agreement. ■ Automobile Liability Insurance: USER shall procure such policy with coverage of not less than One Million Dollars ($1,000,000) per accident. ■ The County of Los Angeles and Los Angeles County Flood Control District, its governing board, officers, agents, contractors, and employees shall be named as Additional Insureds on all policies of liability insurance. USER shall furnish to DISTRICT a Policy of Insurance evidencing USER's insurance coverage no later than (10) working days after execution of the Agreement, but before USER takes possession of the Premises. Upon renewal of said policy, USER shall furnish to DISTRICT a Certificate evidencing USER's continued insurance coverage as required herein. ■ The DISTRICT may accept, should USER elect to provide, a Certificate of Self-Insurance. The limits of such self-insurance coverage shall meet or exceed those stated herein. USER and DISTRICT shall have no financial obligation to each other under this Use Agreement, except as herein expressly provided. The parties expressly recognize and intend that in consideration of this Use Agreement, which is solely for USER's benefit, DISTRICT is not to incur any liability whatsoever for any injury, death, or property damage Page 8 of 15 J TENANT'S Initials DISTRICT'S Initials_ Use Agreement No. 19-45 arising from any use of PREMISES or IMPROVEMENTS by persons who gain entry through openings or areas provided for USER's use except as provided in Section 6.1.2. 6.5. DISTRICT, its Board, and any authorized officer, engineer, employee, or contractor, through its agents or representatives, shall have full right and authority to enter in and upon PREMISES at any and all reasonable times during the term of this Use Agreement, all without interference or hindrance by .USER, its agents, officers, contractors, employees, or representatives for the purpose of inspecting the same and to serve or post any notice required or permitted by law for protection of any right or interest of DISTRICT. 6.6. Except as to fuels, lubricants, and products associated with motorized vehicles, equipment, gardening, or maintenance-related substances, or all of the above, USER shall not cause or allow the presence, use, storage, or disposal of any hazardous substances on or about PREMISES without the prior written consent of DISTRICT, which consent shall not be unreasonably denied. In the event of spillage, leakage, or escape of any hazardous substance onto PREMISES, USER shall immediately notify DISTRICT by calling (800) 675-4357. If the spillage, leakage, or escape was caused by USER, USER shall promptly remove any such substance from PREMISES to DISTRICT's satisfaction. In addition to removing any of USER's hazardous substances, USER shall be liable for and reimburse DISTRICT for any and all cost and expenses that DISTRICT may incur or suffer as a result thereof. Such responsibility shall include cost or expenses as DISTRICT may incur by reason of Federal, State, local, or other authoritative agency's laws and regulations. Notwithstanding the foregoing, USER shall have no responsibility regarding any spillage, leakage or escape associated with any of DISTRICT's tenants, licensees or easement holders. 6.7 . Any notice to be given or document to be delivered by DISTRICT or USER to the other party may be delivered in person to either party or by private courier or may be deposited in the United States mail, duly registered or certified, with postage prepaid and addressed to the party for whom intended as follows: HOA.102558609.1 To DISTRICT: Los Angeles County Flood Control District Survey/Mapping & Property Management Division P.O. Box 1460 900 South Fremont Avenue Alhambra, CA 91802-1460 tel.: (626) 458-7023 or (626) 458-7072; fax (626) 979-5322 [ Page 9 of 15 TENANT'S Initials _ DISTRICT'S lnitia HOA.102558609.1 Use Agreement No. 19-45 For emergencies, contact (626) 458-HELP (4357) To USER: Manuel Lozano, Mayor City of Baldwin Park Address: 14403 East Pacific Avenue Baldwin Park, CA 91706 Attention: Sam Gutierrez, Director of Public Works tel.:(626) 960-4011 Ext. 460; fax: (626) 962-2625 II II II II Page 10 of 15 TENAN T'S Initials ~~ / DISTRICT'S lnitia~ Use Agreement No. 19-45 This Use Agreement has been executed on behalf of DISTRICT and USER by and through their respective duly authorized representatives, on the_ day of __ _ 20 _. DISTRICT: LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic MARK PESTRELLA Director of Public Works By _____________ _ James T. Sparks Assistant Deputy Director Date ------------- APPROVED AS TO FORM: MARY C. WICKHAM County Counsel USER: CITY OF BALDWIN PARK, n e ozano, Mayor City of Baldwin Park Da te Olo-I 2. '2-0 Jq. -----------'--'----- APPROVED AS TO FORM: By: ______________ _ Deputy HOA.102558609.1 Page 11 of 15 Robert . Tafoya City Attorney Date: -----------& _f __ i k~2- TENANT'S Initials .I. ( DISTRICT'S lnitia~ A notary public or other officer completing this certificate verifi es only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness, accuracv, or validltv of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On January 6, 1987, the Board of Supervisors for the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies, and authorities for which said Board so acts adopted a resolution pursuant to Section 25103 of the Government Code that authorized the use of facsimi l e signatures of the Chair of the Board on all papers, documents, or instruments requiring the Chair's signature. The undersigned hereby certifies that on this __ day of _______ , 20 __ , the facsimile signature of ________________________ , Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, was affixed hereto as the official execution of this document. The undersigned further certifies that on this date a copy of the document was delivered to the Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. In witness whereof, I have also hereunto set my hand and affixed my official seal the day and year above written. (LACFCD-SEAL) APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By _________ _ Deputy P:CONF :ACK:FLODFAX.2 W/APVL BOX RVSD 08092018 CELIA ZAVALA, Acting Executive Officer of the Board of Supervisors of the County of Los Angeles By _______________ _ Deputy APPROVED as to title ahd execution, ,-----------' 20 __ . DEPARTMENT OF PUBLI C WORKS Survey/Mapping & Property Management Division Supervising Title Examiner By ____________ _ ~ < 8.----------------------------------------------------------------------------------------. a) r, O'.) EXHIBIT A LEGEND: (Y> ..,. __________ .... 0 .'_'i ~~ ~p. 9L"°-PROPOSED BIKE PATH: 162,673 SQ. FT/ 3.73 ACRES rii :,J :;;--., w ..e :-: .Q .L UJ ~ i:. ;£j "' O• •.r '~) u C (,' C " <J C :, n u ·t ; e, 0 !71 l-:'.l .,: 1_,_ '" '" ,, n. C "' iii a• 0 ·' CJ =-= c: ,n ri:: ·,:; "' n CJ =-;-t ¾y '. 'f..9 \-iOfW'{ -· ~ "t I I ~I ~ I ll:' I fit /ll J ,,.,., <: I ~ I~ C/i I ,~ 1'-,t:J ti)i I 1{:j w, I ,--.., I • I I I I I --"t -J..-" :t _,._ J.,'---;.. 'r'-. 'tf 1;-t~ .~ ..,_ -<-i--r-1-.f. ,. -t. • -;.'t'r-t-!-f-f-,. °]·-{ ,-.. -~ -...;.. •c <-..,.:: ·r /· -,-.. :;.. -;. I .::!= '1 e· ~' ·frr-..... I I I I ~ 2 (0 .f 1:. --:/:. I =f :r -:::: ' .... ~' '~ :I---.:j: --.:!: 2 .:IKE A ·f--tl. ~ '-f-;-•-;. 1/'-4L, 1,1· '·•'--k ·i-I '':fi, i-frr~ I: ""{, I·/ 1-H· ., l ,.,__ I I I I ,-..._ . "' },-,;, .. ;, ,< •·>, HO fW'< ~ f .,.. -I: ---:---.-_L ·--77_--i: ,. -;_ '· :f --.-i. T -:--7 ' I • . ... r1,.. ~ / l IL: ii 1i • ' ....._ ' I.',,,•, /; ~ 2 I T. I .. I .•.•. •.. , • q_"l' rf·I ' ... : ·.·' /,<._/, .. C• • ., .. : I '.+Lr.'..J.,-,J, '-.r;-. ·,//· ,1., ; ¥ -I 11·r·1,• , . , . . . ~ , '/ !,;:,•.. / .... '•/ j • . -9~-I . '.../'·. L . 'J. .• ,... f.,/ ~--·· . , ,-<:'i",_.:;y I ~' : ' ,'f ., ,·_.,. . • . ----, qj ' ½i • . ----I, I ,. .0--, t..!~ --. Q:-I . • -t-'. . ---=!(/(, f ,-I -~/ o.:; ' I ----<::TUI':·-· ___ , ___ -~t.D-\ Q: I · TIIT.Pr'.) 3 Of_ '3 -----ww,1UT ~~ -,.., I "'liUP ' -5£.£. - - - -,, ----------<lJ/ JQ ~------SH 0 ;~ 0 / ,, «-~=----\II~ CREEK W~ --~--lfl , <: I , ___ ,----0 ~ ~·,.· L Ill a 250 500 1000 0 i, 0 f _ --------'-~OVERLEAF DRI\IE s ' 1 . SCALE: 1 inch = 1000 ft. 01----------T"""----"T""-----------------------------------,;;-:-~:-:7--:;-:--:----, : ~ INFRASTRUCTURE ,....-~,.._ Project No.: ~ t ~-t· ~~~~~~RS r?~~, SAN GABRIEL RIVER COMMUTER BIKEWAY PROJECT 2017-0209 ~ ~ i:iw=i:i ~'";::t:."-' 11 I OVERVIEW MAP (.!) g www.in~s1Ncture-engin-,;.com ~~ _ .,t;l Z / t,--------~=-t ~/ W O DESIGNED BY KROQUE DATE: 5/24/19 Sheet 1 of 3 J. N. 1020.45 L <( ~------------.----------------------------------------------------------------------------------. ~I EXHIBIT A I-LL "' 0 "' '--co "' '--,n ~ . ~~ .. ~=,===-v~==z:r->lc:l,,, ~ d"C :r:o --0...J LAFCD R/W >< co c'c! f "' _,;,,,,i:."Z,.e:> 11'-12' BIKE PATH _j I-w <( Cl) AN GABRIEL RIVER 2 w w (/) c9 -;: "" j: LLAFCD R/W t cW~~--____ ____ _____ _..____ ____ ____ --~WW "' z r:r: ----- -- ------ ----z ...J ' -,,.._ I -s ~~w t ~o G' 06 -0...J I-Cl) J --I-w < < 11'-12' BIKE . _/ 11'-12' BIKE < en 2 _ 2W ~ PATH ~~ SAN GABRIEL RIVER PATH ~ I-I •~ l:• I C, ~azn;: ' w -== ~YZ?ZZ<z z u.. ½>&ZZ,::z ~ ~ kvz2azzzar&2c, __ ...... L;..__LAFC~R/_w __ _ oo C, II-m ~ <( <( ,.;, 2w w (/) _) -11'-12' BIKE SAN GABRIEL RIVER PA TH ~: " C []_ LAFCD R/W y:: j: -~------,~ 16 ~''w<.9 --:;,-.>.-a, 5zcr: ~~ '? :::i w b!22:;;?Z'2~a2:ZZ..FZZ?z:.i:2:i?:Z'.Z2~!ZZ:::;:z;~~ '<',Ii.~ c, I> \ ?. .-0 O v-;;, 1---'BKE ~ ~ < ~ 11'-12 I ~ ~ 2 w PATH SAN GABRIEL RIVER -w 0:. Cl) '" C: -g ,_, C Q LEGEND: :~.110:--' FWY \ ~JZ;~ I "' ,o ... , --· '-✓I . , . PROPOSED BIKE PATH: 162,673 SQ. FT/ 3.73 ACRES I \ LLAFCD R/W I-LL wW ~ -z....l ,zzvva2zzzv222rannzzzdwzvmq,vvv&4:E ~ SAN GABRIEL RIVER _/ 11'-12' BIKE PATH LAFCD R/W 0...J I-w <( c:o 2W w (/) 12' BIKE PATH ~ l!f II /./J <:\J < ,._ -/./J \ -~~!I ~. "{'/.JJ ~I.J.j WALNUT CREEK WASH f.l) 0 100 200 400 ~ ---USE AGREEMENT PREMISES SCALE: 1 inch = 200 ft. 0 • ~ • INFRASTRucTURE ~~ll>ii;, I I Project No.: ' ~ ~ ~♦ ENGINEERS ,~0~""t?/,i,-; SAN GABRIEL RIVER COMMUTER BIKEWAY PROJECT 2017-0209 W -JIYA Sa-.uin ~I. Suite 250 U 1 .1 ,.. , L1J ',c C/<921121 • --, z .;:; ~1')940-0100 l "'" u&.11•"'L .,, -i; Fax: (71•) 940--0700 . q. VULt> , -C) m w.-.w.1nfrasuuct:ure--eng-neca...com '-""'t-~ _-'.\ \ ,~· ct} •~• DESIGNED BY K ROQUE DATE 5fl4/19 Sheet 2 of 3 J. N. 1020.45 ~ 8---------------------------------:1 EXHIBIT A ~ r--•.• -----. ...-1-lL ww z-1 c,, '.l') t·, l!;-. ·-::u -9 .<:: -" L C :, ~ ,:, ij, ·< '" ,., ,-r., § C u ::2 UI 1-Z w ::iw II (.)(/) l;iw ~'£ BIKE PATH 12' BIKEj J PATH WALNUT CREEK WASH 1-605 'FWY~ .. -T' I -~ I N a \ 12' BIKE PATH _. / WALNUT CREEK WASH / ::i s :r:o --~ Lil <(CO 2W w en j: FCD R/.W c= wCJ I ww zo::: -_ -z-1 ::i w -- -~l"Jf'.'"" ________ ___._.......,_..__ ....... __._--t ::i s :r:>~~--------,--------------~~~~~~:2'2.1:ZZ.2~{'ZZ~~~~~m~:za$~~:r:o (.) . (.) _j 1-0 . 1-w <C ~ 11'-12' BIKE J1 _) 11'-12' BIKE <C en 2 tf1 PA TH -N WALNUT CREEK WASH PA TH -2 ill ~-1-3 :r: 3 w S2 < z 0:: en a en (., c, C ry vi ,, Q ~ ,CJ :·, " V" "' ::iw :r: > oo I-en <( <( 2w w en -11'-12' BIKE PATH WALNUT CREEK WASH) '-N a LEGEND: PROPOSED BIKE PATH: 162,673 SQ. FT/ 3.73 ACRES 11'-12' BIKE PATH 0 ' ~'t-. /_ ~~ -~ ,I. -o-~ ~Q / <o~ ~'v 100 200 400 2 ---USE AGREEMENT PREMISES SCALE: 1 inch = 200 ft. ~ .. 1NFRASTRucTuRE ~iv I I Project No.: ; ·]. <'i· ~1~~s~~RS lo~HU::,, SAN GABRIEL RIVER COMMUTER BIKEWAY PROJECT 2017-0209 ~ -i, F..:(71~)!l'l0-0700 ~-,:.-,,,. l) CJ 7 wwwJnfras11\l<rtu,.,...,,,g,necrs.com ~-&'"-ct} .. :, DESIGNED BY K ROQUE DATE 5124/19 Sheet 3 of 3 J. N. 1020.45 DRAFT Use Agreement 19-45 EXHIBIT B SCOPE OF WORK: LANDSCAPE MAINTENANCE Action Description Frequency Tree Trimming Remove dead, deceased, insect-infested and As needed damaged branches and limbs Prune Elm, Eucalyptus, and Pepper trees Every two (2) years Prune all other trees Every three (3) years Dispose of all trees downed by natural or As needed unnatural causes Tree Staking Install stakes when tree is damaged, requires As needed support, or is less than three (3) inches in diameter Check ties, and stakes Once (1) a month Shrubbery/ Shrubs and vines shall be trimmed to restrict As needed Vines growth onto the adjacent roads, driveways, and Trimming walkways Shrubs should be trimmed to not grow taller Once ( 1) a year, in than 4 feet, and no shorter than 3 ½ feet March Trimming should look natural -no shearing Remove dead or diseased plant materials As needed Ground Cover Keep ground covers adjacent to roadways Twice (2) a year, in Trimming and away from paved surfaces March and September Care Edqes should look natural -no shearinq Ornamental Trim vines and ornamental grass in an artisan-Once (1) a year, in Grass like manner -no scalping September. Trimming Ornamental grass and vines along bicycle trails Twice (2) a year, in March and September Weed Control Keep landscaped areas free of weeds Once (1) a week Remove all weeds from walkways, drainage Once (1) a week areas, and cracks in all hard surface areas Litter Control Remove litter and accumulated debris from Once (1) a week landscaped areas Empty and clean trash cans/receptacles Once (1) a week Replace pet litter bags Once (1) a week DO NOT handle hazardous waste materials except as necessary to comply with Section 2.6 of the Use Agreement. Watering and Operation of automatic irrigation controllers in a Irrigation way to not cause excessive wetness System Inspect and maintain irrigation system As needed Rodent Control Maintain all areas free of rodents, in As needed compliance with Federal, State and local laws - to be completed by California Certified Applicator HOA.102558609.1 15 to Exhibit C ~, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT ADDRESSING HOMELESS ENCAMPMENTS WITHIN LACFCD RIGHT OF WAY . ~, ,... t::-' Los Angeles County Flood Control District (LACFCD) facilities are often used by the homeless to set up encampments and to take shelter due to the relatively secluded nature of the facilities. Allowing encampments and individuals to occupy LACFCD right of way poses health and safety risks to individuals and surrounding communities. LACFCD shall address homeless encampments within its right of way through the following policy: 1. Proactively identify and assess homeless encampments by responding to reports of encampments by the public, and routinely patrolling and inspecting LACFCD infrastructure and right of way. 2. When homeless encampments are determined to pose health or safety risks, follow the attached Process for Addressing Homeless Encampments within LACFCD Right of Way to ensure each person is treated with dignity and respect. a. Coordinate with public agencies and service providers to ensure all homeless living within LACFCD right of way are offered support services prior to encampments being removed. b. Provide adequate notice before removing any encampment or possessions. c. Provide storage of salvaged personal possessions along with notice of when and where the items can be retrieved. d. Accelerate removal procedures if inclement weather is eminent to ensure safely for individuals encamped in unsafe locations. e. Revise the Process for Addressing Homeless Encampments within LACFCD Right of Way in cooperation with the Chief Executive Office, law enforcement agencies, and other partners as appropriate to reflect current County practices. 3. Continue to provide support and cooperate with the Chief Executive Office, Department of Public Health, and other agencies and organizations for the deployment, security, and maintenance of Public Hygiene Facilities at locations within LACFCD right of way. 4. Continue to coordinate with other agencies and adjacent property owners in the vicinity of -:!n>cr ampment cl ~,an up efforts to increase effectiveness. Approved by ... 4 f ~ ( \ ~ Angela . Ge o e-o Date DBS:yg P:\wmpu b\Secretarial\2018 Documents\Memos\Addresstng Homelessness\HomelessPolicy.doc\C09432 / Exhibit C Process for Addressing Homeless Encampments within LACFCD Right of Way Department of Public Works (DPW) staff shall include identifying and assessing homeless encampments as part of their routine patrol and inspection of Infrastructure and right of way. The following process ensures all individuals are treated with dignity and respect: • For encampments within Unincorporated Communities and cities where the County Sheriff is the contracted law enforcement agency, DPW will Contact LA Homeless Services Authority (LAHSA), LA Sheriff Department (LASO), and the County Chief Executive Office (CEO) Homeless Service Unit. The CEO will coordinate outreach efforts according to the County's Homeless Encampment Procedure. Other organizations, such as People Assisting the Homeless (PATH) and St. Joseph Center will be notified as applicable. • For encampments within other areas, OPW will coordinate with the appropriate law enforcement agency and homeless services provider(s) and notify the CEO. • DPW will post a 14-day notice with expectation that all outreach efforts will be completed within the 14 days. OPW will coordinate with the LASO or the lead law enforcement agency and outreach organizations on tentative cleanup and posting dates. • DPW will coordinate with adjacent agencies and property owners where encampments cross into multiple jurisdictions. • At the time of posting DPW will email CEO and LAHSA, the appropriate Board of Supervisors field office, and any other agency that might be affected by the cleanup. • The CEO, LAHSA, or other service provider may request the cleanup effort be delayed if additional time is needed to conduct outreach, especially when individuals in a particular encampment are responding to offers for assistance. • DPW will re-post notices 7 days in advance of the cleanup. • DPW will send reminder notice 3 days in advance of cleanup to CEO, LAHSA, LASO or lead local law enforcement agency, and any other agency affected by or participating in the cleanup including the Board of Supervisors field office. • LAHSA or other service providers will determine if an outreach team should be present the morning of the cleanup. If homeless individuals are present and continue to refuse assistance or refuse to leave the site, DPW will contact the appropriate law enforcement agency for assistance with removing the individuals from the property. Page 1 of 2 Exhibit C • If encampments are physically interfering with planned operations or maintenance activities, DPW will request that the CEO/LAHSA/other service provider expedite the outreach effort. • If inclement weather is imminent which creates an unsafe condition, all outreach efforts may need to be suspended and cleanup efforts will commence as quickly as possible upon notification to the CEO/LAHSA/other service provider. • Encampments that are re-occupied by the same persons within 7 days after a clean-up effort, will be cleaned after posting with a 48-hour notice that includes contact information for LAHSA/other service provider. • If there is expected media or community involvement, □PW will contact the DPW Public Information Officer and include them in any email correspondence regarding the cleanup. For encampments of four or fewer cooperative individuals, DPW staff may consider carrying out the cleanup without law enforcement support once all the above notifications and outreach efforts have been conducted. This Process for Addressing Homeless Encampments within LACFCD Right of Way shall be updated in cooperation with the Chief Executive Office, law enforcement agencies, and other partr.iers as appropriate to reflect their current state of practice Page 2 of 2 Use Agreement No. 19-45 Use Agreement No. 19-45 San Gabriel Parcels: 381 and 541 Walnut Creek Parcels: 73, 107, 116, 151, 152, 153,154,155,156,157,161,162 and 163 ROW Map Nos: 6-RW 7.1 AND 20-RW 11.4 A.I.N.: 8550-001-902, 8550-001-907, 8564- 012-901, 8564-012-920, 8564-012-908, 8564- 009-908, 8564-014-905, 8564-015-900, 8559- 010-900, 8559-013-909 Supervisorial District: 1 USE AGREEMENT This Use Agreement is entered into by and between the RECITALS LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, herein referred to as "DISTRICT" and USER's name CITY OF BALDWIN PARK, herein referred to as "USER" WHEREAS, DISTRICT owns fee and easement interests to portions of San Gabriel River generally located at the confluence with Walnut Creek, in the City of Baldwin Park, State of California and, as more particularly shown on Exhibit A, attached hereto and made a part hereof, hereafter referred to as PREMISES; and WHEREAS, USER proposes to use a portion of PREMISES for public recreational purposes in connection with the USER's project known as the San Gabriel River Commuter Bikeway Project hereinafter referred to as (the Project); and WHEREAS, USER proposes to construct, operate, and maintain certain improvements on PREMISES in connection with the Project, including but not limited to a pedestrian and bicycle path, signage, traffic striping and metal hand rails, hereafter referred to as IMPROVEMENTS. HOA.102558609.1 Page 1 of 15 TENANT'S Initials~ DISTRICT'S Initials_ Use Agreement No. 19-45 NOW, THEREFORE, in consideration of these recitals and the faithful performance by USER and DISTRICT of the mutual covenants herein contained for the period of time herein set forth, DISTRICT and USER hereto mutually agree as follows: SECTION 1. Authorized Use 1.1. USER is authorized and permitted to use PREMISES for the construction, operation, maintenance, and use of IMPROVEMENTS in accordance with the terms and conditions of this Use Agreement and the approved plans. USER is not permitted to dedicate or personalize any IMPROVEMENTS or place signage on the PREMISES without prior written approval by DISTRICT. Any other use of PREMISES by USER is expressly prohibited. 1.2. USER acknowledges San Gabriel River and Walnut Creek is a working flood protection and water conservation facility and USER'S use of the PREMISES shall be subordinate to the primary uses and purposes of the PREMISES for watershed management including flood control, water conservation, and water quality purposes by DISTRICT and others (pursuant to DISTRICT'S permission), and USER'S use of PREMISES shall at no time interfere with the use of PREMISES or the use of DISTRICT'S adjacent property and/or improvements for such purposes or activities. 1.2.1. USER acknowledges that DISTRICT performs periodic maintenance on and within San Gabriel River and Walnut Creek. DISTRICT reserves the right to temporarily restrict or prohibit public access to some or all of the PREMISES, as DISTRICT determines to be reasonably necessary to perform these maintenance activities. DISTRICT shall not be responsible for providing alternative bicycle/pedestrian access to or within PREMISES during these maintenance activities. 1.3 DISTRICT reserves the right to use or allow others to use PREMISES for any and all lawful purposes in addition to flood control, water conservation, and water quality purposes including, but not limited to, public transportation, utilities, roads, parks and recreation, and/or other related uses together with incidental rights of construction and installation of facilities, ingress and egress, operation and maintenance. The exercise of the rights reserved herein shall not be inconsistent with the USER'S use or constitute unreasonable interference. HOA.102558609.1 Page 2 of 15 TENANT'S Initials~ / DISTRICT'S lnitiakV--_ Use Agreement No. 19-45 1.4 This Use Agreement is valid only to the extent of DISTRICT'S jurisdiction. Acquisition of permits required by other affected agencies or agencies with regulatory jurisdiction over PROJECT or IMPROVEMENTS and the consent of underlying fee owner(s) other than DISTRICT, hereinafter collectively referred to as THIRD-PARTY APPROVALS, if any, and is the responsibility of USER. USER shall be responsible for all costs associated with obtaining and complying with the requirements and conditions of all THIRD-PARTY APPROVALS, including, by way of example, permit fees and compensatory mitigation expenses. USER shall provide DISTRICT copies of all THIRD-PARTY APPROVALS. SECTION 2. Construction and Maintenance of IMPROVEMENTS 2.1. USER understands and acknowledges that it is required to comply with the requirements set forth in the California Environmental Quality Act CEQA and the State CEQA guidelines, the National Environmental Policy Act (NEPA) and any applicable NEPA regulations of any federal agency with regulatory jurisdiction over PROJECT or IMPROVEMENTS prior to implementing IMPROVEMENTS and that USER shall be the lead agency with respect to any and all CEQA compliance related to IMPROVEMENTS. In addition to its other indemnification obligations as specified below, USER hereby agrees to indemnify, defend, and hold harmless DISTRICT and County of Los Angeles and their elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to IMPROVEMENTS that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA. 2.2. USER shall bear all costs in connection with the construction of the IMPROVEMENTS, including preparation of plans and specifications and all construction costs and expenses. 2.3. Prior to commencement of any construction activity on PREMISES by or on behalf of USER, USER shall submit the plans and specification for the IMPROVEMENTS, and shall apply for and obtain a permit from, the Land Development Division, Encroachment Permits and Inspection Section, of the County of Los Angeles Department of Public Works. USER shall also obtain DISTRICT's prior written approval should USER propose to make any changes to the approved plans and specifications. DISTRICT shall have the right to refuse to issue a permit to USER if PROJECT or IMPROVEMENTS or any condition of any THIRD-PARTY APPROVAL impose additional regulatory requirements or impediments on the primary uses and purposes of PREMISES for watershed management, including HOA.102558609.1 Page 3 of 15 TENANT'S lnnials~ DISTRICT'S Initials _ Use Agreement No. 19-45 flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission). 2.4 . Upon completion of the construction of IMPROVEMENTS, USER shall provide DISTRICT with approved as-built plans. 2.5. USER shall keep, inspect, and maintain PREMISES and IMPROVEMENTS in a safe, clean, and orderly condition at all times during the term of this Use Agreement. USER shall adhere to the minimum maintenance standards as described in Exhibit B, attached hereto and made a part hereof, during the term of this Use Agreement and shall not permit trash and debris including, but not limited to, rubbish, tin cans, bottles, and garbage to accumulate at any time, nor shall USER commit, suffer, or permit any waste on PREMISES or IMPROVEMENTS or permit any acts to be done in violation of any laws or ordinances thereon. 2.6 USER shall comply with the Los Angeles County Flood Control District Policy Addressing Homeless Encampments within LACFCD Right of Way, at USER's cost, with respect to all portions of PREMISES occupied by the IMPROVEMENTS. The Los Angeles County Flood Control District Policy Addressing Homeless Encampments within LACFCD Right of Way is attached as Exhibit C to this use agreement and incorporated herein. 2. 7. USER shall remove graffiti from PREMISES and IMPROVEMENTS and any walls, fences, and signs, that are located within PREMISES anytime graffiti is discovered by USER or anytime USER is notified by DISTRICT. Graffiti must be removed within the following guidelines: 2.6.1 Remove vulgar graffiti (i.e., profane, obscene, or racist) within 24 hours, Monday through Friday. 2.6.2 Remove other graffiti within 72 hours, Monday through Friday. 2.8. USER shall replace or repair any property of DISTRICT that becomes damaged by USER or any person entering PREMISES at USER'S invitation or consent of, either expressed or implied, within a reasonable time to the satisfaction of DISTRICT or USER shall compensate DISTRICT for the damage within thirty (30) days of the USER'S receipt of an invoice from DISTRICT. 2.9. USER shall close all gates and take all actions necessary to render the PREMISES inaccessible to public access in the event USER abandons its operation and maintenance of IMPROVEMENTS or when the weather HOA.102ssa609.1 Page 4 of 15 TENANT'S Initials_ DISTRICT'S Initials_ Use Agreement No. 19-45 forecast for the next 24-hour period is for one (1) inch of rain or more, or when notified by the DISTRICT. SECTION 3. Term 3.1 . The term of this Use Agreement shall be for ten (10) years commencing upon execution by DISTRICT subject to DISTRICT'S right to terminate USER'S use as provided for in Section 4 below. 3.2 . This Use Agreement shall expire at the end of the Initial Term provided, however, that DISTRICT, upon approval by DISTRICT'S Board of Supervisors, may extend the term of this Use Agreement beyond the Initial Term, subject to such terms and conditions as it deems appropriate, upon receipt of a written request from USER no earlier than twelve (12) months or later than six (6) months prior to the end of the Initial Term. SECTION 4. Termination of Use 4.1. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least ninety (90) days' prior written notice under the following conditions: 4.1.1. DISTRICT proposes to implement a project on, or including, PREMISES for watershed management purposes including flood control, water conservation, and water quality; and 4.1.2. DISTRICT determines, in good faith, that IMPROVEMENTS and/or USER's use of PREMISES, or any of them, would be substantially incompatible with the proposed project; and 4.1.3. DISTRICT has notified USER of the basis for DISTRICT'S determination that a substantial incompatibility will exist and has provided USER with a reasonable opportunity to propose modifications to IMPROVEMENTS or USER's use of the PREMISES that will eliminate the incompatibility. 4.2. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least 60 days prior written notice if: (1) USER breaches any term or condition of this Use Agreement, or (2) changes in federal, state or local laws, rules and regulations result in the presence or use of IMPROVEMENTS imposing additional regulatory burdens or impediments on the primary uses and purposes of PREMISES for watershed management, including flood HOA.102558609.1 Page 5 of 15 TENANT'S lnlt ials t-1 D ISTRICT'S lnitiai's3._ Use Agreement No. 19-45 control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT's permission). 4.3 DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of the PREMISES if construction of the IMPROVEMENTS has not been completed within five (5) years from the date this Use Agreement is fully executed. 4.4. DISTRICT shall have the right to immediately cancel and terminate USER's use of PREMISES, or, at DISTRICT's sole discretion, to temporarily suspend such use in the event DISTRICT determines, in good faith, that it is necessary for DISTRICT to enter and take exclusive possession of PREMISES in order to respond to an emergency, as defined in Public Contract Code Section 1102. In the event of an emergency, USER shall bear any expenses associated with the cessation of such use, and shall have no rights or claims therefore against DISTRICT. 4.5. USER shall have the right to cancel and terminate its use of PREMISES, pursuant to this Use Agreement, for any reason by giving DISTRICT at least sixty (60) days prior written notice. SECTION 5. Removal of Improvements and Restoration of Premises 5.1. 5.2 5.3. 5.4 . HOA.102558609.1 Upon the expiration or sooner termination of this Use Agreement, USER shall, at its own expense, remove IMPROVEMENTS and restore the PREMISES, to a condition similar to or better than that which existed on the effective date of this Use Agreement, reasonable wear and tear excepted, provided, however that District, upon receipt of a written request from USER, may permit USER to leave all or portion of said IMPROVEMENT on PREMISES. Prior to commencing the removal of IMPROVEMENTS, USER shall apply for and obtain a permit from the Land Development Division, Encroachment Permits and Inspection Section, of the County of Los Angeles Department of Public Works. If USER fails to remove IMPROVEMENTS and restore PREMISES within ninety (90) days of the expiration of this Use Agreement or sooner termination of USER's use of PREMISES, pursuant to this Use Agreement, DISTRICT may remove IMPROVEMENTS. If DISTRICT removes IMPROVEMENTS pursuant to Subsection 5.3, DISTRICT shall submit a billing invoice to USER indicating the costs and expenses incurred by DISTRICT in connection with the remova~f the Page 6 of 15 TENANT'S Initials _ DISTRICT'S Initials_ Use Agreement No. 19-45 IMPROVEMENTS and USER shall reimburse DISTRICT all such costs and expenses for removing said IMPROVEMENTS within thirty (30) days of the billing invoice. SECTION 6. Miscellaneous Terms and Conditions 6.1. Indemnification HOA.102558609.1 6.1.1 In accordance with Government Code Section 895.4, DISTRICT and USER Agree to apportion responsibility and indemnification, notwithstanding any other provision of law, as follows: 6.1.1.1. USER shall indemnify, defend, and hold DISTRICT and the County of Los Angeles and their respective officers, employees, and agents harmless from, and against, any claims, demands, liability, damages, costs, and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from, or related to, the construction, reconstruction, maintenance, operation, use or removal of IMPROVEMENTS or USER's breach of any term of this Use Agreement, except to the extent caused by the willful misconduct of DISTRICT. 6.1.1.2. DISTRICT shall indemnify, defend, and hold USER and its officers, employees and agents harmless from and against, any claims, demands, liability, damages, costs, and expenses including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from or related to the construction, reconstruction, maintenance, operation, or removal of any improvements by DISTRICT on, above, or under PREMISES or arising from any and all uses of PREMISES by DISTRICT, except to the extent caused by the willful misconduct of the USER. 6.1.2 . USER releases DISTRICT and waives all rights to damages for any loss, costs, or expenses USER may sustain as a result of any damage to, or destruction of, IMPROVEMENTS or to the PREMISES attributable to DISTRICT's watershed management activities, including any flood control, water conservation or water quality activities on, or adjacent to, PREMISES, or attributable to any flooding caused by inadequacy or failure of DISTRICT's facilities, except to the extent caused by DISTRICT'S willful misconduct. Page 7 of 15 TENANT'S Initials ( DISTRICT'S lnitia&--_ Use Agreement No. 19-45 6.1.3. Each party to this Use Agreement shall include the other within the protection of any indemnification clause contained in any ancillary contract relating to PREMISES. 6.2. Without limiting USER's indemnification of DISTRICT, USER shall procure and maintain, in full force and effect during the term of this Use Agreement, insurance policies providing for the following insurance coverage: 6.3. 6.4. HOA.102558609.1 1111 Commercial general liability and property damage coverage with a combined single limit liability in the amount of not less than TWO MILLION DOLLARS ($2,000,000) per occurrence. ■ Worker's Compensation coverage in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both DISTRICT and USER against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by, or any person retained by, USER in the course of carrying out the work or services contemplated in this Agreement. ■ Automobile Liability Insurance: USER shall procure such policy with coverage of not less than One Million Dollars ($1,000,000) per accident. ■ The County of Los Angeles and Los Angeles County Flood Control District, its governing board, officers, agents, contractors, and employees shall be named as Additional Insureds on all policies of liability insurance. USER shall furnish to DISTRICT a Policy of Insurance evidencing USER's insurance coverage no later than (10) working days after execution of the Agreement, but before USER takes possession of the Premises. Upon renewal of said policy, USER shall furnish to DISTRICT a Certificate evidencing USER's continued insurance coverage as required herein. ■ The DISTRICT may accept, should USER elect to provide, a Certificate of Self-Insurance. The limits of such self-insurance coverage shall meet or exceed those stated herein. USER and DISTRICT shall have no financial obligation to each other under this Use Agreement, except as herein expressly provided. The parties expressly recognize and intend that in consideration of this Use Agreement, which is solely for USER's benefit, DISTRICT is not to incur any liability whatsoever for any injury, death, or property damage Page 8 of 15 J TENANT'S Initials DISTRICT'S Initials_ Use Agreement No. 19-45 arising from any use of PREMISES or IMPROVEMENTS by persons who gain entry through openings or areas provided for USER's use except as provided in Section 6.1.2. 6.5. DISTRICT, its Board, and any authorized officer, engineer, employee, or contractor, through its agents or representatives, shall have full right and authority to enter in and upon PREMISES at any and all reasonable times during the term of this Use Agreement, all without interference or hindrance by .USER, its agents, officers, contractors, employees, or representatives for the purpose of inspecting the same and to serve or post any notice required or permitted by law for protection of any right or interest of DISTRICT. 6.6. Except as to fuels, lubricants, and products associated with motorized vehicles, equipment, gardening, or maintenance-related substances, or all of the above, USER shall not cause or allow the presence, use, storage, or disposal of any hazardous substances on or about PREMISES without the prior written consent of DISTRICT, which consent shall not be unreasonably denied. In the event of spillage, leakage, or escape of any hazardous substance onto PREMISES, USER shall immediately notify DISTRICT by calling (800) 675-4357. If the spillage, leakage, or escape was caused by USER, USER shall promptly remove any such substance from PREMISES to DISTRICT's satisfaction. In addition to removing any of USER's hazardous substances, USER shall be liable for and reimburse DISTRICT for any and all cost and expenses that DISTRICT may incur or suffer as a result thereof. Such responsibility shall include cost or expenses as DISTRICT may incur by reason of Federal, State, local, or other authoritative agency's laws and regulations. Notwithstanding the foregoing, USER shall have no responsibility regarding any spillage, leakage or escape associated with any of DISTRICT's tenants, licensees or easement holders. 6.7 . Any notice to be given or document to be delivered by DISTRICT or USER to the other party may be delivered in person to either party or by private courier or may be deposited in the United States mail, duly registered or certified, with postage prepaid and addressed to the party for whom intended as follows: HOA.102558609.1 To DISTRICT: Los Angeles County Flood Control District Survey/Mapping & Property Management Division P.O. Box 1460 900 South Fremont Avenue Alhambra, CA 91802-1460 tel.: (626) 458-7023 or (626) 458-7072; fax (626) 979-5322 [ Page 9 of 15 TENANT'S Initials _ DISTRICT'S lnitia HOA.102558609.1 Use Agreement No. 19-45 For emergencies, contact (626) 458-HELP (4357) To USER: Manuel Lozano, Mayor City of Baldwin Park Address: 14403 East Pacific Avenue Baldwin Park, CA 91706 Attention: Sam Gutierrez, Director of Public Works tel.:(626) 960-4011 Ext. 460; fax: (626) 962-2625 II II II II Page 10 of 15 TENAN T'S Initials ~~ / DISTRICT'S lnitia~ Use Agreement No. 19-45 This Use Agreement has been executed on behalf of DISTRICT and USER by and through their respective duly authorized representatives, on the_ day of __ _ 20 _. DISTRICT: LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic MARK PESTRELLA Director of Public Works By _____________ _ James T. Sparks Assistant Deputy Director Date ------------- APPROVED AS TO FORM: MARY C. WICKHAM County Counsel USER: CITY OF BALDWIN PARK, n e ozano, Mayor City of Baldwin Park Da te Olo-I 2. '2-0 Jq. -----------'--'----- APPROVED AS TO FORM: By: ______________ _ Deputy HOA.102558609.1 Page 11 of 15 Robert . Tafoya City Attorney Date: -----------& _f __ i k~2- TENANT'S Initials .I. ( DISTRICT'S lnitia~ A notary public or other officer completing this certificate verifi es only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness, accuracv, or validltv of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On January 6, 1987, the Board of Supervisors for the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies, and authorities for which said Board so acts adopted a resolution pursuant to Section 25103 of the Government Code that authorized the use of facsimi l e signatures of the Chair of the Board on all papers, documents, or instruments requiring the Chair's signature. The undersigned hereby certifies that on this __ day of _______ , 20 __ , the facsimile signature of ________________________ , Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, was affixed hereto as the official execution of this document. The undersigned further certifies that on this date a copy of the document was delivered to the Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. In witness whereof, I have also hereunto set my hand and affixed my official seal the day and year above written. (LACFCD-SEAL) APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By _________ _ Deputy P:CONF :ACK:FLODFAX.2 W/APVL BOX RVSD 08092018 CELIA ZAVALA, Acting Executive Officer of the Board of Supervisors of the County of Los Angeles By _______________ _ Deputy APPROVED as to title ahd execution, ,-----------' 20 __ . DEPARTMENT OF PUBLI C WORKS Survey/Mapping & Property Management Division Supervising Title Examiner By ____________ _ ~ < 8.----------------------------------------------------------------------------------------. a) r, O'.) EXHIBIT A LEGEND: (Y> ..,. __________ .... 0 .'_'i ~~ ~p. 9L"°-PROPOSED BIKE PATH: 162,673 SQ. FT/ 3.73 ACRES rii :,J :;;--., w ..e :-: .Q .L UJ ~ i:. ;£j "' O• •.r '~) u C (,' C " <J C :, n u ·t ; e, 0 !71 l-:'.l .,: 1_,_ '" '" ,, n. C "' iii a• 0 ·' CJ =-= c: ,n ri:: ·,:; "' n CJ =-;-t ¾y '. 'f..9 \-iOfW'{ -· ~ "t I I ~I ~ I ll:' I fit /ll J ,,.,., <: I ~ I~ C/i I ,~ 1'-,t:J ti)i I 1{:j w, I ,--.., I • I I I I I --"t -J..-" :t _,._ J.,'---;.. 'r'-. 'tf 1;-t~ .~ ..,_ -<-i--r-1-.f. ,. -t. • -;.'t'r-t-!-f-f-,. °]·-{ ,-.. -~ -...;.. •c <-..,.:: ·r /· -,-.. :;.. -;. I .::!= '1 e· ~' ·frr-..... I I I I ~ 2 (0 .f 1:. --:/:. I =f :r -:::: ' .... ~' '~ :I---.:j: --.:!: 2 .:IKE A ·f--tl. ~ '-f-;-•-;. 1/'-4L, 1,1· '·•'--k ·i-I '':fi, i-frr~ I: ""{, I·/ 1-H· ., l ,.,__ I I I I ,-..._ . "' },-,;, .. ;, ,< •·>, HO fW'< ~ f .,.. -I: ---:---.-_L ·--77_--i: ,. -;_ '· :f --.-i. T -:--7 ' I • . ... r1,.. ~ / l IL: ii 1i • ' ....._ ' I.',,,•, /; ~ 2 I T. I .. I .•.•. •.. , • q_"l' rf·I ' ... : ·.·' /,<._/, .. C• • ., .. : I '.+Lr.'..J.,-,J, '-.r;-. ·,//· ,1., ; ¥ -I 11·r·1,• , . , . . . ~ , '/ !,;:,•.. / .... '•/ j • . -9~-I . '.../'·. L . 'J. .• ,... f.,/ ~--·· . , ,-<:'i",_.:;y I ~' : ' ,'f ., ,·_.,. . • . ----, qj ' ½i • . ----I, I ,. .0--, t..!~ --. Q:-I . • -t-'. . ---=!(/(, f ,-I -~/ o.:; ' I ----<::TUI':·-· ___ , ___ -~t.D-\ Q: I · TIIT.Pr'.) 3 Of_ '3 -----ww,1UT ~~ -,.., I "'liUP ' -5£.£. - - - -,, ----------<lJ/ JQ ~------SH 0 ;~ 0 / ,, «-~=----\II~ CREEK W~ --~--lfl , <: I , ___ ,----0 ~ ~·,.· L Ill a 250 500 1000 0 i, 0 f _ --------'-~OVERLEAF DRI\IE s ' 1 . SCALE: 1 inch = 1000 ft. 01----------T"""----"T""-----------------------------------,;;-:-~:-:7--:;-:--:----, : ~ INFRASTRUCTURE ,....-~,.._ Project No.: ~ t ~-t· ~~~~~~RS r?~~, SAN GABRIEL RIVER COMMUTER BIKEWAY PROJECT 2017-0209 ~ ~ i:iw=i:i ~'";::t:."-' 11 I OVERVIEW MAP (.!) g www.in~s1Ncture-engin-,;.com ~~ _ .,t;l Z / t,--------~=-t ~/ W O DESIGNED BY KROQUE DATE: 5/24/19 Sheet 1 of 3 J. N. 1020.45 L <( ~------------.----------------------------------------------------------------------------------. ~I EXHIBIT A I-LL "' 0 "' '--co "' '--,n ~ . ~~ .. ~=,===-v~==z:r->lc:l,,, ~ d"C :r:o --0...J LAFCD R/W >< co c'c! f "' _,;,,,,i:."Z,.e:> 11'-12' BIKE PATH _j I-w <( Cl) AN GABRIEL RIVER 2 w w (/) c9 -;: "" j: LLAFCD R/W t cW~~--____ ____ _____ _..____ ____ ____ --~WW "' z r:r: ----- -- ------ ----z ...J ' -,,.._ I -s ~~w t ~o G' 06 -0...J I-Cl) J --I-w < < 11'-12' BIKE . _/ 11'-12' BIKE < en 2 _ 2W ~ PATH ~~ SAN GABRIEL RIVER PATH ~ I-I •~ l:• I C, ~azn;: ' w -== ~YZ?ZZ<z z u.. ½>&ZZ,::z ~ ~ kvz2azzzar&2c, __ ...... L;..__LAFC~R/_w __ _ oo C, II-m ~ <( <( ,.;, 2w w (/) _) -11'-12' BIKE SAN GABRIEL RIVER PA TH ~: " C []_ LAFCD R/W y:: j: -~------,~ 16 ~''w<.9 --:;,-.>.-a, 5zcr: ~~ '? :::i w b!22:;;?Z'2~a2:ZZ..FZZ?z:.i:2:i?:Z'.Z2~!ZZ:::;:z;~~ '<',Ii.~ c, I> \ ?. .-0 O v-;;, 1---'BKE ~ ~ < ~ 11'-12 I ~ ~ 2 w PATH SAN GABRIEL RIVER -w 0:. Cl) '" C: -g ,_, C Q LEGEND: :~.110:--' FWY \ ~JZ;~ I "' ,o ... , --· '-✓I . , . PROPOSED BIKE PATH: 162,673 SQ. FT/ 3.73 ACRES I \ LLAFCD R/W I-LL wW ~ -z....l ,zzvva2zzzv222rannzzzdwzvmq,vvv&4:E ~ SAN GABRIEL RIVER _/ 11'-12' BIKE PATH LAFCD R/W 0...J I-w <( c:o 2W w (/) 12' BIKE PATH ~ l!f II /./J <:\J < ,._ -/./J \ -~~!I ~. "{'/.JJ ~I.J.j WALNUT CREEK WASH f.l) 0 100 200 400 ~ ---USE AGREEMENT PREMISES SCALE: 1 inch = 200 ft. 0 • ~ • INFRASTRucTURE ~~ll>ii;, I I Project No.: ' ~ ~ ~♦ ENGINEERS ,~0~""t?/,i,-; SAN GABRIEL RIVER COMMUTER BIKEWAY PROJECT 2017-0209 W -JIYA Sa-.uin ~I. Suite 250 U 1 .1 ,.. , L1J ',c C/<921121 • --, z .;:; ~1')940-0100 l "'" u&.11•"'L .,, -i; Fax: (71•) 940--0700 . q. VULt> , -C) m w.-.w.1nfrasuuct:ure--eng-neca...com '-""'t-~ _-'.\ \ ,~· ct} •~• DESIGNED BY K ROQUE DATE 5fl4/19 Sheet 2 of 3 J. N. 1020.45 ~ 8---------------------------------:1 EXHIBIT A ~ r--•.• -----. ...-1-lL ww z-1 c,, '.l') t·, l!;-. ·-::u -9 .<:: -" L C :, ~ ,:, ij, ·< '" ,., ,-r., § C u ::2 UI 1-Z w ::iw II (.)(/) l;iw ~'£ BIKE PATH 12' BIKEj J PATH WALNUT CREEK WASH 1-605 'FWY~ .. -T' I -~ I N a \ 12' BIKE PATH _. / WALNUT CREEK WASH / ::i s :r:o --~ Lil <(CO 2W w en j: FCD R/.W c= wCJ I ww zo::: -_ -z-1 ::i w -- -~l"Jf'.'"" ________ ___._.......,_..__ ....... __._--t ::i s :r:>~~--------,--------------~~~~~~:2'2.1:ZZ.2~{'ZZ~~~~~m~:za$~~:r:o (.) . (.) _j 1-0 . 1-w <C ~ 11'-12' BIKE J1 _) 11'-12' BIKE <C en 2 tf1 PA TH -N WALNUT CREEK WASH PA TH -2 ill ~-1-3 :r: 3 w S2 < z 0:: en a en (., c, C ry vi ,, Q ~ ,CJ :·, " V" "' ::iw :r: > oo I-en <( <( 2w w en -11'-12' BIKE PATH WALNUT CREEK WASH) '-N a LEGEND: PROPOSED BIKE PATH: 162,673 SQ. FT/ 3.73 ACRES 11'-12' BIKE PATH 0 ' ~'t-. /_ ~~ -~ ,I. -o-~ ~Q / <o~ ~'v 100 200 400 2 ---USE AGREEMENT PREMISES SCALE: 1 inch = 200 ft. ~ .. 1NFRASTRucTuRE ~iv I I Project No.: ; ·]. <'i· ~1~~s~~RS lo~HU::,, SAN GABRIEL RIVER COMMUTER BIKEWAY PROJECT 2017-0209 ~ -i, F..:(71~)!l'l0-0700 ~-,:.-,,,. l) CJ 7 wwwJnfras11\l<rtu,.,...,,,g,necrs.com ~-&'"-ct} .. :, DESIGNED BY K ROQUE DATE 5124/19 Sheet 3 of 3 J. N. 1020.45 DRAFT Use Agreement 19-45 EXHIBIT B SCOPE OF WORK: LANDSCAPE MAINTENANCE Action Description Frequency Tree Trimming Remove dead, deceased, insect-infested and As needed damaged branches and limbs Prune Elm, Eucalyptus, and Pepper trees Every two (2) years Prune all other trees Every three (3) years Dispose of all trees downed by natural or As needed unnatural causes Tree Staking Install stakes when tree is damaged, requires As needed support, or is less than three (3) inches in diameter Check ties, and stakes Once (1) a month Shrubbery/ Shrubs and vines shall be trimmed to restrict As needed Vines growth onto the adjacent roads, driveways, and Trimming walkways Shrubs should be trimmed to not grow taller Once ( 1) a year, in than 4 feet, and no shorter than 3 ½ feet March Trimming should look natural -no shearing Remove dead or diseased plant materials As needed Ground Cover Keep ground covers adjacent to roadways Twice (2) a year, in Trimming and away from paved surfaces March and September Care Edqes should look natural -no shearinq Ornamental Trim vines and ornamental grass in an artisan-Once (1) a year, in Grass like manner -no scalping September. Trimming Ornamental grass and vines along bicycle trails Twice (2) a year, in March and September Weed Control Keep landscaped areas free of weeds Once (1) a week Remove all weeds from walkways, drainage Once (1) a week areas, and cracks in all hard surface areas Litter Control Remove litter and accumulated debris from Once (1) a week landscaped areas Empty and clean trash cans/receptacles Once (1) a week Replace pet litter bags Once (1) a week DO NOT handle hazardous waste materials except as necessary to comply with Section 2.6 of the Use Agreement. Watering and Operation of automatic irrigation controllers in a Irrigation way to not cause excessive wetness System Inspect and maintain irrigation system As needed Rodent Control Maintain all areas free of rodents, in As needed compliance with Federal, State and local laws - to be completed by California Certified Applicator HOA.102558609.1 15 to Exhibit C ~, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT ADDRESSING HOMELESS ENCAMPMENTS WITHIN LACFCD RIGHT OF WAY . ~, ,... t::-' Los Angeles County Flood Control District (LACFCD) facilities are often used by the homeless to set up encampments and to take shelter due to the relatively secluded nature of the facilities. Allowing encampments and individuals to occupy LACFCD right of way poses health and safety risks to individuals and surrounding communities. LACFCD shall address homeless encampments within its right of way through the following policy: 1. Proactively identify and assess homeless encampments by responding to reports of encampments by the public, and routinely patrolling and inspecting LACFCD infrastructure and right of way. 2. When homeless encampments are determined to pose health or safety risks, follow the attached Process for Addressing Homeless Encampments within LACFCD Right of Way to ensure each person is treated with dignity and respect. a. Coordinate with public agencies and service providers to ensure all homeless living within LACFCD right of way are offered support services prior to encampments being removed. b. Provide adequate notice before removing any encampment or possessions. c. Provide storage of salvaged personal possessions along with notice of when and where the items can be retrieved. d. Accelerate removal procedures if inclement weather is eminent to ensure safely for individuals encamped in unsafe locations. e. Revise the Process for Addressing Homeless Encampments within LACFCD Right of Way in cooperation with the Chief Executive Office, law enforcement agencies, and other partners as appropriate to reflect current County practices. 3. Continue to provide support and cooperate with the Chief Executive Office, Department of Public Health, and other agencies and organizations for the deployment, security, and maintenance of Public Hygiene Facilities at locations within LACFCD right of way. 4. Continue to coordinate with other agencies and adjacent property owners in the vicinity of -:!n>cr ampment cl ~,an up efforts to increase effectiveness. Approved by ... 4 f ~ ( \ ~ Angela . Ge o e-o Date DBS:yg P:\wmpu b\Secretarial\2018 Documents\Memos\Addresstng Homelessness\HomelessPolicy.doc\C09432 / Exhibit C Process for Addressing Homeless Encampments within LACFCD Right of Way Department of Public Works (DPW) staff shall include identifying and assessing homeless encampments as part of their routine patrol and inspection of Infrastructure and right of way. The following process ensures all individuals are treated with dignity and respect: • For encampments within Unincorporated Communities and cities where the County Sheriff is the contracted law enforcement agency, DPW will Contact LA Homeless Services Authority (LAHSA), LA Sheriff Department (LASO), and the County Chief Executive Office (CEO) Homeless Service Unit. The CEO will coordinate outreach efforts according to the County's Homeless Encampment Procedure. Other organizations, such as People Assisting the Homeless (PATH) and St. Joseph Center will be notified as applicable. • For encampments within other areas, OPW will coordinate with the appropriate law enforcement agency and homeless services provider(s) and notify the CEO. • DPW will post a 14-day notice with expectation that all outreach efforts will be completed within the 14 days. OPW will coordinate with the LASO or the lead law enforcement agency and outreach organizations on tentative cleanup and posting dates. • DPW will coordinate with adjacent agencies and property owners where encampments cross into multiple jurisdictions. • At the time of posting DPW will email CEO and LAHSA, the appropriate Board of Supervisors field office, and any other agency that might be affected by the cleanup. • The CEO, LAHSA, or other service provider may request the cleanup effort be delayed if additional time is needed to conduct outreach, especially when individuals in a particular encampment are responding to offers for assistance. • DPW will re-post notices 7 days in advance of the cleanup. • DPW will send reminder notice 3 days in advance of cleanup to CEO, LAHSA, LASO or lead local law enforcement agency, and any other agency affected by or participating in the cleanup including the Board of Supervisors field office. • LAHSA or other service providers will determine if an outreach team should be present the morning of the cleanup. If homeless individuals are present and continue to refuse assistance or refuse to leave the site, DPW will contact the appropriate law enforcement agency for assistance with removing the individuals from the property. Page 1 of 2 Exhibit C • If encampments are physically interfering with planned operations or maintenance activities, DPW will request that the CEO/LAHSA/other service provider expedite the outreach effort. • If inclement weather is imminent which creates an unsafe condition, all outreach efforts may need to be suspended and cleanup efforts will commence as quickly as possible upon notification to the CEO/LAHSA/other service provider. • Encampments that are re-occupied by the same persons within 7 days after a clean-up effort, will be cleaned after posting with a 48-hour notice that includes contact information for LAHSA/other service provider. • If there is expected media or community involvement, □PW will contact the DPW Public Information Officer and include them in any email correspondence regarding the cleanup. For encampments of four or fewer cooperative individuals, DPW staff may consider carrying out the cleanup without law enforcement support once all the above notifications and outreach efforts have been conducted. This Process for Addressing Homeless Encampments within LACFCD Right of Way shall be updated in cooperation with the Chief Executive Office, law enforcement agencies, and other partr.iers as appropriate to reflect their current state of practice Page 2 of 2 10. Adequate Site Control and Land Tenure The Big Dalton Wash Trail Pocket Park will be developed on property owned by the County of Los Angles and managed through its Department of Public Works and the Flood Control District. The City of Baldwin Park, due to the adoption of a Use and Maintenance Agreement for the San Gabriel River Commuter Bike Path/Big Dalton Trail Phase I with the County, it is familiar with the steps and processes required to enter into a Use Agreement with the County of Los Angeles. Currently, the City is preparing to enter into a 30 year Use and Maintenance Agreement with the County relative to the Big Dalton Trail Phase II. The City and County agreed to amend the original agreement for the San Gabriel River Commuter Bike Path (See attachment of adopted Use Agreement). In regard to the Big Dalton Wash Trail Pocket Park, the City and County will retake the same familiar steps toward a final Use and Maintenance Agreement that will comply with the conditions and terms established for CNRA Urban Greening Grant Program. Overview of Steps toward a Use Agreement between the City of Baldwin Park and the County of Los Angeles: • Coordinate the project design, planning and engineering with the LACFCD • Comply with the Los Angeles County Flood Control District’s (LACFCD) guidelines • Obtain required permits from the LACFCD, and appropriate regulatory agencies • Demonstrate compliance with the California Environmental Quality Act • Enter a 30 year Use and Maintenance Agreement with the District. 43 APPENDIX J - PROJECT PERMIT/APPROVAL STATUS Indicate the status of all federal, state and local permits required for the project. Describe any potential delays due to permitting (indicate specific permits). If acquiring a long-term encroachment permit, submit evidence the entity with jurisdiction is aware of the project and is willing to work with Applicant to issue the permit. This list is not all-inclusive. It is Grantee’s responsibility to identify and obtain all applicable permits. PERMITTING AGENCY TYPE OF REQUIREMENT REQUIRED APPLIED ACQUIRED DATE EXPECTED State Agencies Department of Fish & Wildlife Lake or Streambed Alteration Agreement (Section 1600) Department of Fish & Wildlife Incidental Take Permit or Consistency Determination (CESA) (California Endangered Species Act) Department of Transportation Encroachment Permit Coastal Commission Coastal Development Permit Coastal Commission Letter of Consistency Regional Water Quality Control Board 401 Water Quality Certification or Waste Discharge Requirement State Water Resources Control Board Water Rights Permit State Water Resources Control Board General Industrial Stormwater Permit State Lands Commission Permit (if using State-owned property) State Office of Historic Preservation Section 106 Consultation with State Historic Preservation Officer (National Historic Preservation Act of 1986) Federal Agencies U.S. Fish and Wildlife Service Section 7 Consultation, Biological Opinion or Section 10 Permit (Endangered Species Act) U.S. Army Corps of Engineers Section 404 Permit (Clean Water Act) U.S. Army Corps of Engineers Section 10 Permit (Rivers & Harbors Act of 1899) U.S. Coast Guard / U.S. Army Corps of Engineers Section 9 Permit (Rivers & Harbors Act of 1899) U.S. National Resources Conservation Service Section 106 Consultation (National Historic Preservation Act of 1986) National Marine Fisheries Service Section 7 Consultation, Biological Opinion, or Section 10 Permit (Endangered Species Act) Local and Regional Planning Agencies City/County Grading Permit City/County Environmental Health Department City/County Model Water Efficient Landscape Ordinance (MWELO) Landscape Documentation Package Central Valley Flood Protection Board Permission to Encroach on Waterways within Designated Floodways S.F. Bay Conservation and Development Commission Any relevant permit Tahoe Regional Planning Agency Any relevant permit Local Resource Conservation District Consultation Flood Control Districts Floodway & Hydrological Analysis Others (e.g., CalRecycle, State Contractors Board, etc.): X X 12. Permit/Approval Status Acquired after completion of Design Phase Acquired after completion of Design Phase 11. Operations and Maintenance Not Applicable The City of Baldwin Park (applicant) will perform, after entering into a Use Agreement with the County of Los Angeles, will assume the responsibility of operating and maintaining the Big Dalton Wash Trail Pocket Park. 13. Evidence of Disadvantaged and Low-Income Community Engagement I. Step 1 – Identify Priority Populations The entirety of the project is located within Census Tract 6037407001. Census Tract, according to CalEnviroScreen 3.0, is described as a Disadvantaged Community and Low-Income Community. (See attachments) II. Step 2 – Addresses a Need The City has received documentation of support from local community-based organizations identifying and demonstrating a need for the project based on existing environmental conditions. (See attachments) The support for the development of pocket parks along the Big Dalton Trail has been identified, since 2014, as a future project in community workshops, and meetings hosted by the City (for SPP Prop 68), LA Metro, and the Los Angeles County Regional Park and Open Space District. Currently, the City is hosting community planning meetings to prepare, with the support of Los Angeles County, for the development of additional pocket parks along the Big Dalton Wash Trail. III. Step 3 – Project Benefits IV. 100% of the trees planted by the Project are located within a recognized Disadvantaged Community and Low-Income Community. The City of Baldwin Park will maintain the trees and vegetation as required by grant terms. The City, maintains trees and vegetation to its own water efficient landscaping standards. Per the City Zoning Code 153.160.010, “Landscaping shall be utilized to enhance the visual quality of the environment, to reduce heat and glare, identify building entries, provide shade to relieve the monotony of long expanses of building, walls to control soil erosion, buffer areas, and land uses potentially incompatible with one another.” Additionally, these policies and maintenance and operation guidelines will be reaffirmed in the eventual Use Agreement with the County of Los Angeles. The Project is designed to encourage promote pedestrian and bicycling, and integrate with the City’s expanding active transportation System. The Projects features and amenities, and proximity to the Big Dalton Trail will support an increase in trail use. Also, the additional points of entry at the Project site will improve accessibility to an active transportation route/Big Dalton Wash Trail. Moreover, the trail will connect users to additional active transportation routes, recreational areas and a regional trail system. [ baldwin park + 1..- r ,;>" ' le Legend SB 535 Disadvantaged Communities AB 1550 Low-income Communities SB 535 Disadvantaged Communities and AB 1550 Low-income Communities AB 1550 Low-income Communities within a 1 /2 mile of a SB 535 Disadvantaged Community xi 0.. l ,, I AB 1550 Information [:I X Census Tract: 6037404703Disadvantaged Community: Yes Low-income Community: Yes Low-income Buffer Region: No Zoom to ,:: OEHHA, GARB, Gilt California Climate Investments I County of Los Angeles, Bureau of Land Management, Es ... Pocket Park 100 200ft 0 SB 535 Disadvantaged Communities (June 2018 Update) 0 S8535 tractfinder County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, ... > > POCKET PARK activeSGV.org #ActiveSGV February 18th, 2021 California Natural Resources Agency Becki Abrams Grants Administrator California Natural Resources Agency 1416 9th Street, Suite 1311 Sacramento, CA 95814 Re:Baldwin Park Big Dalton Wash Trail Greening Project Application to Rivers Mountain Mountains Conservancy Region-Wide Prop 68 Program To Whom It May Concern: On behalf of Active San Gabriel Valley,I am writing in support of the City of Baldwin Park's application to fund its efforts to complete the enhancements along the Big Dalton Wash Trail under the Baldwin Park Big Dalton Wash Trail Greening Project. The proposed enhancements will encourage users of all ages improved access to low impact recreation,and create new opportunities for water conservation. Moreover,the project will promote non-motorized access to the San Gabriel River Trail,and help improve the air quality of a community that is suffering from a high pollution burden.The Big Dalton Wash Trail,when completed,will connect users to the San Gabriel River Trail,community facilities,recreation areas,schools and a network of bikeways.The enhancements proposed in the Big Dalton Wash Trail Greening Project will provide for water conservation,groundwater recharge,and improve stormwater quality using natural and non-structural systems.The project will also feature the use of sustainable materials,enhance multi-use transit opportunities,and strengthen the City’s relationship with its network of community partners in the shared goal to reduce the carbon footprint across the region. The outcome from these improvements will have a tremendous impact on the City of Baldwin Park residents and surrounding communities.If you have any questions, please feel free to contact me at david@activesgv.org or 626-602-5064. Sincerely, ActiveSGV’s mission is to support a more sustainable, equitable, and livable San Gabriel Valley. Jeff Seymour Center • 10900 Mulhall Street El Monte, CA 91731 activeSGV.org #ActiveSGV David Diaz Executive Director ActiveSGV’s mission is to support a more sustainable, equitable, and livable San Gabriel Valley. Jeff Seymour Center • 10900 Mulhall Street El Monte, CA 91731 February 11, 2021 Becki Abrams Grants Administrator California Natural Resources Agency 1416 9th Street, Suite 1311 Sacramento, CA 95814 RE: Support Letter for Baldwin Park Grant Project Dear Ms. Abrams, California Mental Health Connection has found a niche to provide mental health services in the city of Baldwin Park. Our agency is writing in support of the City of Baldwin Park's Big Dalton Wash Trail Pocket Park Project. The Pocket Park will encourage users of all ages to have access to low impact recreation, environmental educational opportunities, or stop and rest before proceeding along the trail. The project will promote non-motorized access to the San Gabriel River Trail, and help improve the air quality of a disadvantaged community suffering from high pollution burden and disparities in public health. The enhancements proposed in the Big Dalton Wash Trail Greening Project will provide for water conservation, groundwater recharge, improve stormwater quality using natural and non-structural systems, sustainable materials, and increase carbon sequestration. Strengthening the City’s relationship with its network of community partners in the shared goal to reduce the City’s carbon footprint. Big Dalton Pocket Park will lead to the advocacy for more pocket parks along the Big Dalton Wash Trail, and other locations. We are committed to working with the City of Baldwin Park, as demonstrated in our community engagement events and mental health impact on the community, in an effort to make this project a success. As we move forward to improve, prevent and fight mental health issues, by spending time in the parks. The evidence demonstrates that people spending increments of time outdoors reduce anxiety, stress and depression among other mental health issues. The outcome from improving the environment will serve as a positive step forward in our collective attempt to improve the quality of life through example and advocacy for the overall public health of Baldwin Park residents and the surrounding communities. Our team wants to thank you for your time and consideration for this very important project. Sincerely, Elisa Jimenez Elisa Jimenez-Hata, PA Executive Director California Mental Health Connection P: (626) 430 – 6197 ∙ F: (626) 430 – 7404 California Mental Health Connection 14305 E. Morgan St., Baldwin Park, CA 91706 Phone: (626) 430 - 6197 Fax: (626) 430 - 74004 Email: elisa.jimenez@californiamhc.org State License# 998327: EIN 26-4572639 501(c)(3): DVBE 1237060; DUNS832676121; DMH 15187201 February 18, 2021 California Natural Resources Agency Becki Abrams Grants Administrator California Natural Resources Agency 1416 9th Street, Suite 1311 Sacramento, CA 95814 Re: Baldwin Park Big Dalton Wash Trail Greening Project Application to Rivers Mountain Mountains Conservancy Region-Wide Prop 68 Program To Whom It May Concern: On behalf of Nature for All, I am writing in support of the City of Baldwin Park's Big Dalton Wash Trail Pocket Park Project. The Pocket Park will encourage users, in a highly urbanized community, a destination spot along the Big Dalton Wash Trail. In this naturalistic setting, users of all ages, will have access to low impact recreation, environmental educational opportunities, or simply stop and rest before proceeding along the trail. Moreover, the project will promote non-motorized access to the San Gabriel River Trail, and help improve the air quality of a disadvantaged community that is suffering from a high pollution burden and disparities in public health. The enhanc ements proposed in the Big Dalton Wash Trail Greening Project will provide for water conservation, groundwater recharge, improve stormwater quality using natural and non-structural systems, sustainable materials, and increase carbon sequestration. Additionally, the Project will strengthen the City’s relationship with its network of community partners in the shared goal to reduce the City’s carbon footprint. Big Dalton Pocket Park, through growing recognition and use, will lead to the advocacy for more pocket parks along the Big Dalton Wash Trail, and other locations. We are committed to continue working with the City of Baldwin Park, as demonstrated in our community engagement events, in effort to make this project a lasting success, as we move forward to improve our environment. The outcome from these improvements will serve as a positive step forward in our collective attempt to improve, through example and advocacy, the overall public health of Baldwin Park residents its surrounding communities. I want to thank you very much for your time and consideration of this very important project. Sincerely, Belinda Faustinos Executive Director February 15, 2021 California Natural Resources Agency Becki Abrams Grants Administrator California Natural Resources Agency 1416 9th Street, Suite 1311 Sacramento, CA 95814 Re: Baldwin Park Big Dalton Wash Trail Greening Project Application to Rivers Mountain Mountains Conservancy Region-Wide Prop 68 Program To Whom It May Concern: On behalf of the Kaiser Permanente Baldwin Park Medical Center, I am writing in support of the City of Baldwin Park's Big Dalton Wash Trail Pocket Park Project. The Pocket Park will encourage users, in a highly urbanized community, a destination spot along the Big Dalton Wash Trail. In this naturalistic setting, users of all ages, will have access to low impact recreation, environmental educational opportunities, or simply stop and rest before proceeding along the trail. Moreover, the project will promote non- motorized access to the San Gabriel River Trail and help improve the air quality of a disadvantaged community that is suffering from a high pollution burden and disparities in public health. The enhancements proposed in the Big Dalton Wash Trail Greening Project will provide for water conservation, groundwater recharge, improve stormwater quality using natural and non-structural systems, sustainable materials, and increase carbon sequestration. Additionally, the Project will strengthen the City’s relationship with its network of community partners in the shared goal to reduce the City’s carbon footprint. Big Dalton Pocket Park, through growing recognition and use, will lead to the advocacy for more pocket parks along the Big Dalton Wash Trail, and other locations. We are committed to continue working with the City of Baldwin Park, as demonstrated in our community engagement events, in effort to make this project a lasting success, as we move forward to improve our environment. The outcome from these improvements will serve as a positive step forward in our collective attempt to improve, through example and advocacy, the overall public health of Baldwin Park residents its surrounding communities. I want to thank you very much for your time and consideration of this very important project. Sincerely, Portia Jones Manager, Community Health Kaiser Permanente Baldwin Park Medical Center 13. Evidence of Disadvantaged and Low-Income Community Engagement I. Step 1 – Identify Priority Populations The entirety of the project is located within Census Tract 6037407001. Census Tract, according to CalEnviroScreen 3.0, is described as a Disadvantaged Community and Low-Income Community. (See attachments) II. Step 2 – Addresses a Need The City has received documentation of support from local community-based organizations identifying and demonstrating a need for the project based on existing environmental conditions. (See attachments) The support for the development of pocket parks along the Big Dalton Trail has been identified, since 2014, as a future project in community workshops, and meetings hosted by the City (for SPP Prop 68), LA Metro, and the Los Angeles County Regional Park and Open Space District. Currently, the City is hosting community planning meetings to prepare, with the support of Los Angeles County, for the development of additional pocket parks along the Big Dalton Wash Trail. III. Step 3 – Project Benefits IV. 100% of the trees planted by the Project are located within a recognized Disadvantaged Community and Low-Income Community. The City of Baldwin Park will maintain the trees and vegetation as required by grant terms. The City, maintains trees and vegetation to its own water efficient landscaping standards. Per the City Zoning Code 153.160.010, “Landscaping shall be utilized to enhance the visual quality of the environment, to reduce heat and glare, identify building entries, provide shade to relieve the monotony of long expanses of building, walls to control soil erosion, buffer areas, and land uses potentially incompatible with one another.” Additionally, these policies and maintenance and operation guidelines will be reaffirmed in the eventual Use Agreement with the County of Los Angeles. The Project is designed to encourage promote pedestrian and bicycling, and integrate with the City’s expanding active transportation System. The Projects features and amenities, and proximity to the Big Dalton Trail will support an increase in trail use. Also, the additional points of entry at the Project site will improve accessibility to an active transportation route/Big Dalton Wash Trail. Moreover, the trail will connect users to additional active transportation routes, recreational areas and a regional trail system. [ baldwin park + 1..- r ,;>" ' le Legend SB 535 Disadvantaged Communities AB 1550 Low-income Communities SB 535 Disadvantaged Communities and AB 1550 Low-income Communities AB 1550 Low-income Communities within a 1 /2 mile of a SB 535 Disadvantaged Community xi 0.. l ,, I AB 1550 Information [:I X Census Tract: 6037404703Disadvantaged Community: Yes Low-income Community: Yes Low-income Buffer Region: No Zoom to ,:: OEHHA, GARB, Gilt California Climate Investments I County of Los Angeles, Bureau of Land Management, Es ... Pocket Park 100 200ft 0 SB 535 Disadvantaged Communities (June 2018 Update) 0 S8535 tractfinder County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, ... > > POCKET PARK activeSGV.org #ActiveSGV February 18th, 2021 California Natural Resources Agency Becki Abrams Grants Administrator California Natural Resources Agency 1416 9th Street, Suite 1311 Sacramento, CA 95814 Re:Baldwin Park Big Dalton Wash Trail Greening Project Application to Rivers Mountain Mountains Conservancy Region-Wide Prop 68 Program To Whom It May Concern: On behalf of Active San Gabriel Valley,I am writing in support of the City of Baldwin Park's application to fund its efforts to complete the enhancements along the Big Dalton Wash Trail under the Baldwin Park Big Dalton Wash Trail Greening Project. The proposed enhancements will encourage users of all ages improved access to low impact recreation,and create new opportunities for water conservation. Moreover,the project will promote non-motorized access to the San Gabriel River Trail,and help improve the air quality of a community that is suffering from a high pollution burden.The Big Dalton Wash Trail,when completed,will connect users to the San Gabriel River Trail,community facilities,recreation areas,schools and a network of bikeways.The enhancements proposed in the Big Dalton Wash Trail Greening Project will provide for water conservation,groundwater recharge,and improve stormwater quality using natural and non-structural systems.The project will also feature the use of sustainable materials,enhance multi-use transit opportunities,and strengthen the City’s relationship with its network of community partners in the shared goal to reduce the carbon footprint across the region. The outcome from these improvements will have a tremendous impact on the City of Baldwin Park residents and surrounding communities.If you have any questions, please feel free to contact me at david@activesgv.org or 626-602-5064. Sincerely, ActiveSGV’s mission is to support a more sustainable, equitable, and livable San Gabriel Valley. Jeff Seymour Center • 10900 Mulhall Street El Monte, CA 91731 activeSGV.org #ActiveSGV David Diaz Executive Director ActiveSGV’s mission is to support a more sustainable, equitable, and livable San Gabriel Valley. Jeff Seymour Center • 10900 Mulhall Street El Monte, CA 91731 February 11, 2021 Becki Abrams Grants Administrator California Natural Resources Agency 1416 9th Street, Suite 1311 Sacramento, CA 95814 RE: Support Letter for Baldwin Park Grant Project Dear Ms. Abrams, California Mental Health Connection has found a niche to provide mental health services in the city of Baldwin Park. Our agency is writing in support of the City of Baldwin Park's Big Dalton Wash Trail Pocket Park Project. The Pocket Park will encourage users of all ages to have access to low impact recreation, environmental educational opportunities, or stop and rest before proceeding along the trail. The project will promote non-motorized access to the San Gabriel River Trail, and help improve the air quality of a disadvantaged community suffering from high pollution burden and disparities in public health. The enhancements proposed in the Big Dalton Wash Trail Greening Project will provide for water conservation, groundwater recharge, improve stormwater quality using natural and non-structural systems, sustainable materials, and increase carbon sequestration. Strengthening the City’s relationship with its network of community partners in the shared goal to reduce the City’s carbon footprint. Big Dalton Pocket Park will lead to the advocacy for more pocket parks along the Big Dalton Wash Trail, and other locations. We are committed to working with the City of Baldwin Park, as demonstrated in our community engagement events and mental health impact on the community, in an effort to make this project a success. As we move forward to improve, prevent and fight mental health issues, by spending time in the parks. The evidence demonstrates that people spending increments of time outdoors reduce anxiety, stress and depression among other mental health issues. The outcome from improving the environment will serve as a positive step forward in our collective attempt to improve the quality of life through example and advocacy for the overall public health of Baldwin Park residents and the surrounding communities. Our team wants to thank you for your time and consideration for this very important project. Sincerely, Elisa Jimenez Elisa Jimenez-Hata, PA Executive Director California Mental Health Connection P: (626) 430 – 6197 ∙ F: (626) 430 – 7404 California Mental Health Connection 14305 E. Morgan St., Baldwin Park, CA 91706 Phone: (626) 430 - 6197 Fax: (626) 430 - 74004 Email: elisa.jimenez@californiamhc.org State License# 998327: EIN 26-4572639 501(c)(3): DVBE 1237060; DUNS832676121; DMH 15187201 February 18, 2021 California Natural Resources Agency Becki Abrams Grants Administrator California Natural Resources Agency 1416 9th Street, Suite 1311 Sacramento, CA 95814 Re: Baldwin Park Big Dalton Wash Trail Greening Project Application to Rivers Mountain Mountains Conservancy Region-Wide Prop 68 Program To Whom It May Concern: On behalf of Nature for All, I am writing in support of the City of Baldwin Park's Big Dalton Wash Trail Pocket Park Project. The Pocket Park will encourage users, in a highly urbanized community, a destination spot along the Big Dalton Wash Trail. In this naturalistic setting, users of all ages, will have access to low impact recreation, environmental educational opportunities, or simply stop and rest before proceeding along the trail. Moreover, the project will promote non-motorized access to the San Gabriel River Trail, and help improve the air quality of a disadvantaged community that is suffering from a high pollution burden and disparities in public health. The enhanc ements proposed in the Big Dalton Wash Trail Greening Project will provide for water conservation, groundwater recharge, improve stormwater quality using natural and non-structural systems, sustainable materials, and increase carbon sequestration. Additionally, the Project will strengthen the City’s relationship with its network of community partners in the shared goal to reduce the City’s carbon footprint. Big Dalton Pocket Park, through growing recognition and use, will lead to the advocacy for more pocket parks along the Big Dalton Wash Trail, and other locations. We are committed to continue working with the City of Baldwin Park, as demonstrated in our community engagement events, in effort to make this project a lasting success, as we move forward to improve our environment. The outcome from these improvements will serve as a positive step forward in our collective attempt to improve, through example and advocacy, the overall public health of Baldwin Park residents its surrounding communities. I want to thank you very much for your time and consideration of this very important project. Sincerely, Belinda Faustinos Executive Director February 15, 2021 California Natural Resources Agency Becki Abrams Grants Administrator California Natural Resources Agency 1416 9th Street, Suite 1311 Sacramento, CA 95814 Re: Baldwin Park Big Dalton Wash Trail Greening Project Application to Rivers Mountain Mountains Conservancy Region-Wide Prop 68 Program To Whom It May Concern: On behalf of the Kaiser Permanente Baldwin Park Medical Center, I am writing in support of the City of Baldwin Park's Big Dalton Wash Trail Pocket Park Project. The Pocket Park will encourage users, in a highly urbanized community, a destination spot along the Big Dalton Wash Trail. In this naturalistic setting, users of all ages, will have access to low impact recreation, environmental educational opportunities, or simply stop and rest before proceeding along the trail. Moreover, the project will promote non- motorized access to the San Gabriel River Trail and help improve the air quality of a disadvantaged community that is suffering from a high pollution burden and disparities in public health. The enhancements proposed in the Big Dalton Wash Trail Greening Project will provide for water conservation, groundwater recharge, improve stormwater quality using natural and non-structural systems, sustainable materials, and increase carbon sequestration. Additionally, the Project will strengthen the City’s relationship with its network of community partners in the shared goal to reduce the City’s carbon footprint. Big Dalton Pocket Park, through growing recognition and use, will lead to the advocacy for more pocket parks along the Big Dalton Wash Trail, and other locations. We are committed to continue working with the City of Baldwin Park, as demonstrated in our community engagement events, in effort to make this project a lasting success, as we move forward to improve our environment. The outcome from these improvements will serve as a positive step forward in our collective attempt to improve, through example and advocacy, the overall public health of Baldwin Park residents its surrounding communities. I want to thank you very much for your time and consideration of this very important project. Sincerely, Portia Jones Manager, Community Health Kaiser Permanente Baldwin Park Medical Center 3060 Saturn Street, Suite 250 Brea, CA 92821 Tel.: (714) 940-0100 Fax: (714) 940-0700 www.infrastructure-engineers.com February 16, 2021 Mr. Sam Gutierrez Director of Public Works City of Baldwin Park 14403 Pacific Avenue Baldwin Park, CA 91706 Subject: Average Daily Traffic on Francisquito Avenue at the Big Dalton Wash Trail Pocket Park Dear Mr. Gutierrez Per your request, Infrastructure Engineers (IE) is pleased to provide the Average Daily Traffic Counts information for Francisquito Avenue at the Big Dalton Wash Trail in the City of Baldwin Park. This report documents the findings of our investigation and outlines our recommendations and conclusions. Should you have any questions or comments, please do not hesitate to contact me by phone at (626) 826-7560, or email at yrahi@infengr.com Sincerely, Infrastructure Engineers Yunus Rahi, PhD, PE, TE Principal Engineer Attachments: Average Daily Traffic on Francisquito Avenue at the Big Dalton Wash Trail Pocket Park AVERAGE DAILY TRAFFIC ON FRANCISQUITO AVENUE AT THE BIG DALTON WASH TRAIL POCKET PARK PREPARED FOR: CITY OF BALDWIN PARK PREPARED BY: 3060 Saturn Street, Suite 250 Brea, California 92821 (714) 940-0100 Under the Supervision of Yunus Rahi, PhD, PE, TE Principal Engineer Project No. 1020.97 Date: February 16, 2021 City of Baldwin Park Average Daily Traffic on Francisquito Avenue at the Big Dalton Wash Trail Pocket Park i TABLE OF CONTENTS Certification .................................................................................................................... ii Introduction ..................................................................................................................... 1 Traffic Counts ................................................................................................................. 1 Vineland Avenue and Whitesell Avenue Street Intersection Volume ............................ 1 Adjusted Volume for Francisquito Avenue .................................................................... 1 Average Daily Traffic ..................................................................................................... 2 Recommendations and Conclusions ............................................................................... 2 Appendix “A” Traffic Counts ........................................................................................ A City of Baldwin Park Average Daily Traffic on Francisquito Avenue at the Big Dalton Wash Trail Pocket Park ii Certification I, Yunus Rahi, do hereby certify that the determination of the average daily traffic volume on Francisquito Avenue was performed under my supervision for the City of Baldwin Park and the calculation is accurate and complete. I certify that I am both experienced in performing studies of this type and that I am duly registered in the State of California as a Professional Traffic Engineer. _________________________ Yunus Rahi, PhD, P.E., T.E. T.E. Number: TR 1726 (California) City of Baldwin Park Average Daily Traffic on Francisquito Avenue at the Big Dalton Wash Trail Pocket Park 1 Introduction To determine the average annual daily traffic (ADT), adjustments to the volume data must be made due to the COVID-19 pandemic impacts to traffic conditions. Under State-mandated restrictions and safety regulations, the number of traffic movements during the pandemic have drastically decreased. Therefore, volume data obtained during 2020 pandemic must be modified to reflect the volume data under normal conditions. The objective of this report is to determine the decrease of traffic due to the COVID-19 pandemic within the neighborhood of Big Dalton Wash Trail and adjust the ADT volume of nearby Francisquito Avenue location accordingly. To accomplish this objective, the following tasks were performed: •An investigation of a nearby intersection traffic volume data before and during the pandemic. •Adjusting the counted volume data on Francisquito Avenue to reflect normal volume. •Converting the adjusted peak hour volume to ADT volume for Francisquito Avenue. Traffic Counts Traffic counts were available for the intersection of Vineland Avenue and Whitesell Street from November of 2018 (normal condition) and August of 2020 (during pandemic). This intersection is within 300 feet from the intersection of Vineland Avenue and Francisquito Avenue, which is a part of the Big Dalton Wash Bike Trail improvements project. The change in volume data from the 2018 and 2020 will reflect similarly to Francisquito Avenue and Vineland Avenue due to its being within the same neighborhood. Vineland Avenue and Whitesell Street Intersection Volume The analysis of the change in volume data will be based on the PM peak hour volume as it is the highest volume in an hour during an average weekday. The PM peak hour was from 4:00 PM to 5:00 PM on September 25, 2018. The intersection PM peak hour volume was found to be 903 vehicles per hour. At 1% annual growth of traffic the projected 2020 volume would be 921 vehicles per hour. During the pandemic, vehicular trips generated by motorists decreased significantly, and this is evident on the volume counted on August 4, 2020. The PM peak hour volume was 379 vehicles per hour. Both volume counts in 2018 and 2020 were taken on a Tuesday, and when comparing the different hours of the day, a similar decrease in volume was found. Also, the PM peak hours were the same and both were found to be from 4:00 PM to 5:00 PM. See Appendix “A” for Traffic Volume Counts. Adjusted Volume for Francisquito Avenue As a result of the pandemic, traffic volume for the peak hour decreased from 921 to 379 vehicles per hour. This is a 59% decrease in volume within that intersection. A similar percentage of volume decrease is found during other hours of the day at the intersection of Vineland Avenue and Whitesell Street. Therefore, to obtain the 2020 normal volume at Francisquito Avenue, the volume during pandemic at a nearby intersection shall be multiplied by a factor of 2.43, which accounts for a 59% decrease due to a pandemic. The PM peak hour volume for the Francisquito Avenue heading northbound and southbound through the intersection of Dalewood street was 1,659 vehicles as shown in the counts taken on City of Baldwin Park Average Daily Traffic on Francisquito Avenue at the Big Dalton Wash Trail Pocket Park 2 August 4, 2020 (See Appendix “A”). The PM peak hour was from 4:00 PM to 5:00 PM. The peak hour volume must be multiplied by a factor of 2.43 to obtain 2020 volume under normal conditions. This will equate to a volume of approximately 4,031 vehicles per hour travelling during PM peak hour on Francisquito Avenue in 2020. Average Daily Traffic Volume The PM peak hour volume generally represents 8% - 12% of the total average daily traffic (ADT) volume on an arterial street. Therefore, the PM peak hour volume on the street is assumed to be 10% of the ADT and a factor of 10 shall be multiplied to the estimated PM peak hour volume of 4,031 vehicles to obtain ADT volume on Francisquito Avenue. This results in an average daily traffic of 40,310 vehicles per day. Recommendations and Conclusions The average daily traffic volume of 40,310 vehicles per day on Francisquito Avenue (at the Big Dalton Wash Trail) is an estimate based on factors considering the effects of the pandemic on the volume of traffic within the City of Baldwin Park. It is recommended that a future ADT volume counts shall be taken from a 24 hour count at the conclusion of the pandemic. City of Baldwin Park Average Daily Traffic on Francisquito Avenue at the Big Dalton Wash Trail Pocket Park A Appendix “A” Traffic Counts File Name : Whitesell_Vineland Site Code : 00000000 Start Date : 8/4/2020 Page No : 1 Groups Printed- Vehicles Whitesell Street Southbound Vineland Avenue Westbound Apartment Complex Driveway Northbound Vineland Avenue Eastbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Int. Total 07:00 AM 6 1 5 0 12 15 0 0 0 13 15 0 67 07:15 AM 6 0 6 0 20 17 0 0 0 7 24 0 80 07:30 AM 14 0 3 0 13 24 0 1 1 7 22 0 85 07:45 AM 7 0 3 0 23 16 0 1 0 5 18 0 73 Total 33 1 17 0 68 72 0 2 1 32 79 0 305 08:00 AM 12 0 5 0 14 20 0 0 0 9 33 0 93 08:15 AM 10 0 4 0 13 20 0 0 1 5 29 0 82 08:30 AM 4 0 6 0 20 11 0 1 0 4 16 0 62 08:45 AM 7 0 5 2 15 11 0 0 0 3 24 0 67 Total 33 0 20 2 62 62 0 1 1 21 102 0 304 11:00 AM 14 0 2 1 9 12 0 0 0 2 17 0 57 11:15 AM 17 0 4 0 12 9 0 0 0 4 22 0 68 11:30 AM 24 0 7 0 21 14 0 1 0 8 23 0 98 11:45 AM 13 0 3 1 22 8 0 0 0 5 24 0 76 Total 68 0 16 2 64 43 0 1 0 19 86 0 299 12:00 PM 22 0 8 2 20 7 0 0 2 1 28 0 90 12:15 PM 25 0 7 2 20 12 0 0 0 6 33 0 105 12:30 PM 24 0 12 0 27 11 0 0 0 7 24 0 105 12:45 PM 17 0 7 2 23 14 0 0 0 6 26 0 95 Total 88 0 34 6 90 44 0 0 2 20 111 0 395 01:00 PM 27 0 4 0 27 14 0 0 1 2 27 0 102 01:15 PM 18 0 3 0 25 10 0 0 0 3 22 0 81 01:30 PM 20 1 4 2 29 9 0 0 1 2 16 0 84 01:45 PM 14 0 6 0 28 3 0 0 0 3 19 0 73 Total 79 1 17 2 109 36 0 0 2 10 84 0 340 02:00 PM 18 0 7 0 20 11 0 0 0 3 31 0 90 02:15 PM 23 1 4 0 22 5 0 0 0 5 39 1 100 02:30 PM 27 1 7 0 18 6 0 0 1 3 21 0 84 02:45 PM 10 0 4 1 11 7 0 1 0 1 14 0 49 Total 78 2 22 1 71 29 0 1 1 12 105 1 323 04:00 PM 26 0 11 0 21 11 0 0 2 5 33 0 109 04:15 PM 29 0 10 1 19 8 0 0 1 2 26 0 96 04:30 PM 16 0 7 1 23 4 0 0 0 3 23 0 77 04:45 PM 29 0 9 1 18 6 0 0 0 1 33 0 97 Total 100 0 37 3 81 29 0 0 3 11 115 0 379 05:00 PM 27 1 9 0 22 4 0 0 0 7 35 1 106 05:15 PM 18 1 7 0 22 7 0 0 0 1 38 0 94 05:30 PM 15 0 10 0 19 1 0 0 0 2 18 0 65 05:45 PM 14 0 7 0 9 1 0 1 0 2 18 0 52 Total 74 2 33 0 72 13 0 1 0 12 109 1 317 06:00 PM 12 0 7 1 14 4 0 0 0 2 20 0 60 06:15 PM 9 1 3 0 21 2 0 0 0 2 10 0 48 06:30 PM 11 0 5 0 23 4 0 0 0 4 17 0 64 06:45 PM 9 0 4 0 10 0 0 0 1 2 13 0 39 Total 41 1 19 1 68 10 0 0 1 10 60 0 211 Grand Total 594 7 215 17 685 338 0 6 11 147 851 2 2873 Apprch %72.8 0.9 26.3 1.6 65.9 32.5 0 35.3 64.7 14.7 85.1 0.2 Total %20.7 0.2 7.5 0.6 23.8 11.8 0 0.2 0.4 5.1 29.6 0.1 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Whitesell_Vineland Site Code : 00000000 Start Date : 8/4/2020 Page No : 2 Whitesell Street Southbound Vineland Avenue Westbound Apartment Complex Driveway Northbound Vineland Avenue Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:30 AM 07:30 AM 14 0 3 17 0 13 24 37 0 1 1 2 7 22 0 29 85 07:45 AM 7 0 3 10 0 23 16 39 0 1 0 1 5 18 0 23 73 08:00 AM 12 0 5 17 0 14 20 34 0 0 0 0 9 33 0 42 93 08:15 AM 10 0 4 14 0 13 20 33 0 0 1 1 5 29 0 34 82 Total Volume 43 0 15 58 0 63 80 143 0 2 2 4 26 102 0 128 333 % App. Total 74.1 0 25.9 0 44.1 55.9 0 50 50 20.3 79.7 0 PHF .768 .000 .750 .853 .000 .685 .833 .917 .000 .500 .500 .500 .722 .773 .000 .762 .895 Whitesell Street Vineland Avenue Vineland Avenue Apartment Complex Driveway Right 15 Thru 0 Left 43 InOut Total 108 58 166 Right80 Thru63 Left0 OutTotalIn147 143 290 Left 0 Thru 2 Right 2 Out TotalIn 0 4 4 Left26 Thru102 Right0 TotalOutIn78 128 206 Peak Hour Begins at 07:30 AM Vehicles Peak Hour Data North CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Whitesell_Vineland Site Code : 00000000 Start Date : 8/4/2020 Page No : 3 Whitesell Street Southbound Vineland Avenue Westbound Apartment Complex Driveway Northbound Vineland Avenue Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 11:00 AM to 02:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 12:15 PM 12:15 PM 25 0 7 32 2 20 12 34 0 0 0 0 6 33 0 39 105 12:30 PM 24 0 12 36 0 27 11 38 0 0 0 0 7 24 0 31 105 12:45 PM 17 0 7 24 2 23 14 39 0 0 0 0 6 26 0 32 95 01:00 PM 27 0 4 31 0 27 14 41 0 0 1 1 2 27 0 29 102 Total Volume 93 0 30 123 4 97 51 152 0 0 1 1 21 110 0 131 407 % App. Total 75.6 0 24.4 2.6 63.8 33.6 0 0 100 16 84 0 PHF .861 .000 .625 .854 .500 .898 .911 .927 .000 .000 .250 .250 .750 .833 .000 .840 .969 Whitesell Street Vineland Avenue Vineland Avenue Apartment Complex Driveway Right 30 Thru 0 Left 93 InOut Total 72 123 195 Right51 Thru97 Left4 OutTotalIn204 152 356 Left 0 Thru 0 Right 1 Out TotalIn 4 1 5 Left21 Thru110 Right0 TotalOutIn127 131 258 Peak Hour Begins at 12:15 PM Vehicles Peak Hour Data North CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Whitesell_Vineland Site Code : 00000000 Start Date : 8/4/2020 Page No : 4 Whitesell Street Southbound Vineland Avenue Westbound Apartment Complex Driveway Northbound Vineland Avenue Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 04:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:00 PM 04:00 PM 26 0 11 37 0 21 11 32 0 0 2 2 5 33 0 38 109 04:15 PM 29 0 10 39 1 19 8 28 0 0 1 1 2 26 0 28 96 04:30 PM 16 0 7 23 1 23 4 28 0 0 0 0 3 23 0 26 77 04:45 PM 29 0 9 38 1 18 6 25 0 0 0 0 1 33 0 34 97 Total Volume 100 0 37 137 3 81 29 113 0 0 3 3 11 115 0 126 379 % App. Total 73 0 27 2.7 71.7 25.7 0 0 100 8.7 91.3 0 PHF .862 .000 .841 .878 .750 .880 .659 .883 .000 .000 .375 .375 .550 .871 .000 .829 .869 Whitesell Street Vineland Avenue Vineland Avenue Apartment Complex Driveway Right 37 Thru 0 Left 100 InOut Total 40 137 177 Right29 Thru81 Left3 OutTotalIn218 113 331 Left 0 Thru 0 Right 3 Out TotalIn 3 3 6 Left11 Thru115 Right0 TotalOutIn118 126 244 Peak Hour Begins at 04:00 PM Vehicles Peak Hour Data North CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Whitesell-AptCmplxDrwy_Vineland Site Code : 00000000 Start Date : 9/25/2018 Page No : 1 Groups Printed- Vehicles Whitesell St Southbound Vineland Ave Westbound Apartment Complex Driveway Northbound Vineland Ave Eastbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Int. Total 07:00 AM 9 0 9 0 34 20 1 0 0 15 47 0 135 07:15 AM 5 0 8 0 34 24 1 0 0 9 69 0 150 07:30 AM 19 0 12 0 35 24 2 0 1 14 57 0 164 07:45 AM 15 1 9 1 46 29 1 0 0 14 59 0 175 Total 48 1 38 1 149 97 5 0 1 52 232 0 624 08:00 AM 13 0 12 0 61 37 1 0 0 6 52 0 182 08:15 AM 14 0 8 0 51 23 0 0 1 7 45 0 149 08:30 AM 15 0 7 2 37 17 1 0 1 9 47 0 136 08:45 AM 13 0 8 1 45 20 0 0 1 7 54 0 149 Total 55 0 35 3 194 97 2 0 3 29 198 0 616 04:00 PM 70 0 27 0 44 11 0 0 0 8 73 0 233 04:15 PM 39 0 17 1 60 9 1 0 1 3 81 0 212 04:30 PM 69 0 19 0 58 7 0 0 2 5 80 0 240 04:45 PM 30 2 19 0 60 11 2 0 1 2 91 0 218 Total 208 2 82 1 222 38 3 0 4 18 325 0 903 05:00 PM 64 0 22 1 52 12 0 0 0 6 67 0 224 05:15 PM 32 0 13 0 63 11 1 0 0 5 96 0 221 05:30 PM 40 0 14 1 41 5 0 0 1 9 78 0 189 05:45 PM 62 0 25 0 51 9 2 0 0 2 67 0 218 Total 198 0 74 2 207 37 3 0 1 22 308 0 852 Grand Total 509 3 229 7 772 269 13 0 9 121 1063 0 2995 Apprch %68.7 0.4 30.9 0.7 73.7 25.7 59.1 0 40.9 10.2 89.8 0 Total %17 0.1 7.6 0.2 25.8 9 0.4 0 0.3 4 35.5 0 CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Whitesell-AptCmplxDrwy_Vineland Site Code : 00000000 Start Date : 9/25/2018 Page No : 2 Whitesell St Southbound Vineland Ave Westbound Apartment Complex Driveway Northbound Vineland Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 5 0 8 13 0 34 24 58 1 0 0 1 9 69 0 78 150 07:30 AM 19 0 12 31 0 35 24 59 2 0 1 3 14 57 0 71 164 07:45 AM 15 1 9 25 1 46 29 76 1 0 0 1 14 59 0 73 175 08:00 AM 13 0 12 25 0 61 37 98 1 0 0 1 6 52 0 58 182 Total Volume 52 1 41 94 1 176 114 291 5 0 1 6 43 237 0 280 671 % App. Total 55.3 1.1 43.6 0.3 60.5 39.2 83.3 0 16.7 15.4 84.6 0 PHF .684 .250 .854 .758 .250 .721 .770 .742 .625 .000 .250 .500 .768 .859 .000 .897 .922 Whitesell St Vineland Ave Vineland Ave Apartment Complex Driveway Right 41 Thru 1 Left 52 InOut Total 157 94 251 Right114 Thru176 Left1 OutTotalIn290 291 581 Left 5 Thru 0 Right 1 Out TotalIn 2 6 8 Left43 Thru237 Right0 TotalOutIn222 280 502 Peak Hour Begins at 07:15 AM Vehicles Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Whitesell-AptCmplxDrwy_Vineland Site Code : 00000000 Start Date : 9/25/2018 Page No : 3 Whitesell St Southbound Vineland Ave Westbound Apartment Complex Driveway Northbound Vineland Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:00 PM 04:00 PM 70 0 27 97 0 44 11 55 0 0 0 0 8 73 0 81 233 04:15 PM 39 0 17 56 1 60 9 70 1 0 1 2 3 81 0 84 212 04:30 PM 69 0 19 88 0 58 7 65 0 0 2 2 5 80 0 85 240 04:45 PM 30 2 19 51 0 60 11 71 2 0 1 3 2 91 0 93 218 Total Volume 208 2 82 292 1 222 38 261 3 0 4 7 18 325 0 343 903 % App. Total 71.2 0.7 28.1 0.4 85.1 14.6 42.9 0 57.1 5.2 94.8 0 PHF .743 .250 .759 .753 .250 .925 .864 .919 .375 .000 .500 .583 .563 .893 .000 .922 .941 Whitesell St Vineland Ave Vineland Ave Apartment Complex Driveway Right 82 Thru 2 Left 208 InOut Total 56 292 348 Right38 Thru222 Left1 OutTotalIn537 261 798 Left 3 Thru 0 Right 4 Out TotalIn 3 7 10 Left18 Thru325 Right0 TotalOutIn307 343 650 Peak Hour Begins at 04:00 PM Vehicles Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Francisquito_Dalewood Site Code : 00000000 Start Date : 8/4/2020 Page No : 1 Groups Printed- Vehicles Francisquito Avenue Southbound Dalewood Street Westbound Francistquito Avenue Northbound Baldwin Plaza Driveway Eastbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Int. Total 07:00 AM 8 45 3 30 5 22 3 127 3 1 0 3 250 07:15 AM 5 46 0 36 5 18 6 215 8 3 2 2 346 07:30 AM 6 56 4 56 4 19 1 184 1 1 0 5 337 07:45 AM 12 74 0 68 0 37 2 189 0 0 0 1 383 Total 31 221 7 190 14 96 12 715 12 5 2 11 1316 08:00 AM 17 88 2 65 0 21 1 155 2 0 1 2 354 08:15 AM 12 68 1 97 1 17 0 164 2 0 0 4 366 08:30 AM 12 90 0 51 2 32 0 185 7 0 0 2 381 08:45 AM 7 90 0 97 1 31 2 162 1 0 0 3 394 Total 48 336 3 310 4 101 3 666 12 0 1 11 1495 11:00 AM 16 76 0 81 6 42 0 162 1 2 2 2 390 11:15 AM 15 99 3 80 4 51 2 182 3 0 1 2 442 11:30 AM 20 110 1 95 2 43 2 171 2 1 1 1 449 11:45 AM 16 92 2 71 6 50 1 174 7 2 1 4 426 Total 67 377 6 327 18 186 5 689 13 5 5 9 1707 12:00 PM 18 101 3 83 4 40 1 171 2 0 1 2 426 12:15 PM 12 95 2 82 2 43 1 148 7 4 1 1 398 12:30 PM 18 117 1 87 0 40 0 177 8 1 1 0 450 12:45 PM 20 136 4 84 1 38 4 195 4 2 2 3 493 Total 68 449 10 336 7 161 6 691 21 7 5 6 1767 01:00 PM 23 121 3 97 0 52 1 189 5 0 0 1 492 01:15 PM 24 109 5 83 1 23 0 189 6 0 0 3 443 01:30 PM 23 110 4 76 1 52 2 198 3 3 0 3 475 01:45 PM 15 105 0 85 3 48 1 190 4 0 1 3 455 Total 85 445 12 341 5 175 4 766 18 3 1 10 1865 02:00 PM 27 116 3 97 4 43 0 196 4 1 0 1 492 02:15 PM 22 134 0 94 1 44 1 161 2 0 0 1 460 02:30 PM 16 123 1 83 1 52 15 184 4 2 0 0 481 02:45 PM 17 121 2 93 2 38 0 215 2 1 0 4 495 Total 82 494 6 367 8 177 16 756 12 4 0 6 1928 04:00 PM 30 131 1 82 2 28 1 178 4 1 0 3 461 04:15 PM 21 128 5 113 1 27 4 179 4 0 4 1 487 04:30 PM 22 162 4 116 0 32 1 201 2 1 0 1 542 04:45 PM 16 121 1 117 3 31 0 178 3 1 1 2 474 Total 89 542 11 428 6 118 6 736 13 3 5 7 1964 05:00 PM 23 154 2 122 0 32 0 182 1 0 1 3 520 05:15 PM 11 155 1 115 0 29 1 168 7 0 0 0 487 05:30 PM 14 127 2 111 0 27 0 186 2 1 1 3 474 05:45 PM 15 117 0 109 0 28 1 203 1 0 2 3 479 Total 63 553 5 457 0 116 2 739 11 1 4 9 1960 06:00 PM 19 129 1 93 1 30 0 189 2 0 0 0 464 06:15 PM 14 114 0 83 4 32 2 195 8 0 0 1 453 06:30 PM 14 126 1 104 1 30 2 176 1 2 1 1 459 06:45 PM 13 124 4 112 4 32 2 183 2 0 0 1 477 Total 60 493 6 392 10 124 6 743 13 2 1 3 1853 Grand Total 593 3910 66 3148 72 1254 60 6501 125 30 24 72 15855 Apprch %13 85.6 1.4 70.4 1.6 28 0.9 97.2 1.9 23.8 19 57.1 Total %3.7 24.7 0.4 19.9 0.5 7.9 0.4 41 0.8 0.2 0.2 0.5 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Francisquito_Dalewood Site Code : 00000000 Start Date : 8/4/2020 Page No : 2 Francisquito Avenue Southbound Dalewood Street Westbound Francistquito Avenue Northbound Baldwin Plaza Driveway Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 17 88 2 107 65 0 21 86 1 155 2 158 0 1 2 3 354 08:15 AM 12 68 1 81 97 1 17 115 0 164 2 166 0 0 4 4 366 08:30 AM 12 90 0 102 51 2 32 85 0 185 7 192 0 0 2 2 381 08:45 AM 7 90 0 97 97 1 31 129 2 162 1 165 0 0 3 3 394 Total Volume 48 336 3 387 310 4 101 415 3 666 12 681 0 1 11 12 1495 % App. Total 12.4 86.8 0.8 74.7 1 24.3 0.4 97.8 1.8 0 8.3 91.7 PHF .706 .933 .375 .904 .799 .500 .789 .804 .375 .900 .429 .887 .000 .250 .688 .750 .949 Francisquito Avenue Baldwin Plaza Driveway Dalewood Street Francistquito Avenue Right 3 Thru 336 Left 48 InOut Total 767 387 1154 Right101 Thru4 Left310 OutTotalIn61 415 476 Left 3 Thru 666 Right 12 Out TotalIn 657 681 1338 Left0 Thru1 Right11 TotalOutIn10 12 22 Peak Hour Begins at 08:00 AM Vehicles Peak Hour Data North CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Francisquito_Dalewood Site Code : 00000000 Start Date : 8/4/2020 Page No : 3 Francisquito Avenue Southbound Dalewood Street Westbound Francistquito Avenue Northbound Baldwin Plaza Driveway Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 11:00 AM to 02:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 02:00 PM 02:00 PM 27 116 3 146 97 4 43 144 0 196 4 200 1 0 1 2 492 02:15 PM 22 134 0 156 94 1 44 139 1 161 2 164 0 0 1 1 460 02:30 PM 16 123 1 140 83 1 52 136 15 184 4 203 2 0 0 2 481 02:45 PM 17 121 2 140 93 2 38 133 0 215 2 217 1 0 4 5 495 Total Volume 82 494 6 582 367 8 177 552 16 756 12 784 4 0 6 10 1928 % App. Total 14.1 84.9 1 66.5 1.4 32.1 2 96.4 1.5 40 0 60 PHF .759 .922 .500 .933 .946 .500 .851 .958 .267 .879 .750 .903 .500 .000 .375 .500 .974 Francisquito Avenue Baldwin Plaza Driveway Dalewood Street Francistquito Avenue Right 6 Thru 494 Left 82 InOut Total 937 582 1519 Right177 Thru8 Left367 OutTotalIn94 552 646 Left 16 Thru 756 Right 12 Out TotalIn 867 784 1651 Left4 Thru0 Right6 TotalOutIn30 10 40 Peak Hour Begins at 02:00 PM Vehicles Peak Hour Data North CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Francisquito_Dalewood Site Code : 00000000 Start Date : 8/4/2020 Page No : 4 Francisquito Avenue Southbound Dalewood Street Westbound Francistquito Avenue Northbound Baldwin Plaza Driveway Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 04:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:15 PM 04:15 PM 21 128 5 154 113 1 27 141 4 179 4 187 0 4 1 5 487 04:30 PM 22 162 4 188 116 0 32 148 1 201 2 204 1 0 1 2 542 04:45 PM 16 121 1 138 117 3 31 151 0 178 3 181 1 1 2 4 474 05:00 PM 23 154 2 179 122 0 32 154 0 182 1 183 0 1 3 4 520 Total Volume 82 565 12 659 468 4 122 594 5 740 10 755 2 6 7 15 2023 % App. Total 12.4 85.7 1.8 78.8 0.7 20.5 0.7 98 1.3 13.3 40 46.7 PHF .891 .872 .600 .876 .959 .333 .953 .964 .313 .920 .625 .925 .500 .375 .583 .750 .933 Francisquito Avenue Baldwin Plaza Driveway Dalewood Street Francistquito Avenue Right 12 Thru 565 Left 82 InOut Total 864 659 1523 Right122 Thru4 Left468 OutTotalIn98 594 692 Left 5 Thru 740 Right 10 Out TotalIn 1040 755 1795 Left2 Thru6 Right7 TotalOutIn21 15 36 Peak Hour Begins at 04:15 PM Vehicles Peak Hour Data North CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM Note to applicants: California Air Resources Board Benefits Calculator Tool for the Urban Greening Grant Program California Climate Investments Version 3 -July 6, 2020 A step-by-step user guide, including a project example, for this Beneftts Calculator Tool is available at: http://W¥11W�filQ.i;,1.qo11/cc/capandtrade/auctionproceeds/cnra ug finaluserguide 050720 v2.pdf GHG Benefit of Bicycle Paths, Bicycle Lanes, and Pedestrian Facilities Enter data below.after reading the Urban Greening Quantitative Methodology to determine inputs needed for this project activity. Annual Average Bicycle or Number of Pedestrian or Bicycle Year1 Year F Days of Daily Pedestrian City University Activity Facility Type County (Yr1) (Yr F) Operation Traffic Path Length Population Town Centers (D) (ADT) (L) (Yes/No) within [miles] 1/4Mile Bicvcle Paths Class I Los Anaeles 2021 2041 365 3000.0 0.1 74609 No 4 SUBTOTAL FINAL -Version 2 -May 7, 2020 Page 1 of 1 _.,...e-.-...r-«: - c-9 Number of GHG Fossil Fuel Activity Adjustment Activity Emission AutoVMT Use Travel Cost Centers Factor Center Reductions Reduced Reduced Savings($) within (A) Credit (MTCO 2e) (miles) (gallons) 1/2 Mile (C) 6 0.0010 0.0020 371 985500 33041 532 170 371 985,500 33,041 532,170 Total (Local) PM2.5 emission reductions (lbs) 41.37 Total (Local) NOx Emission Reductions (lbs) 103.41 Total (Local) ROG Emission Reductions (lbs) 26.11 Total (Local) Diesel PM Emission Reductions (lbs) 0.12 New Bike-Ped lnfrastructur Note:: Average Daily Traffic Count exceeded 40,000. However, the GHG tool does not allow a number/count above 30,000. ITEM NO. ________6_________ STAFF REPORT TO: Honorable Mayor and City Council members FROM: Sam Gutierrez, Director of Public Works DATE: September 1, 2021 SUBJECT: Approve Plans, Specifications, Authorize the Award of Contract to Onyx Paving Company, Inc., and Approve a Request-for-Service Proposal with Infrastructure Engineers (IE) for Construction Management and Inspection Services for City Project No. CIP 20-37, Major and Residential Streets Rehabilitation Project SUMMARY This item will accept plans and specifications for the project, authorize the award of a construction contract with Onyx Paving Company, Inc., in an amount of $1,484,000, and approve a request for service proposal with Infrastructure Engineers (IE) for the construction management/ inspection services in the amount of $59,850 for the Major and Residential Streets Rehabilitation Project. The project consists of 2-inch asphalt pavement removal and overlay on various streets citywide. Work includes installation of highly visible crosswalks with flashing beacons, construction of accessible curb ramps, installation of traffic calming speed cushions, installation of pavement messages and striping, concrete repairs including sidewalk extensions, curb and gutter, and driveway aprons. RECOMMENDATION Staff recommends that the City Council: 1. Accept project plans and specifications for City Project No. CIP20-37; and 2. Approve and award the construction contract to Onyx Paving Company, Inc. of Anaheim, CA in the amount of $1,484,000; and 3. Authorize the Mayor and City Clerk to execute the contract with Onyx Paving Company, Inc., for the street improvements work; and 4. Authorize the Director of Public Works to execute the RFS proposal from Infrastructure Engineers (IE) in the amount of $59,850 for construction management and inspection services. FISCAL IMPACT There is no impact to the General Fund. The project was listed in FY2020-21 Capital Improvement Program (CIP) and will be carried over to the FY2021-22 CIP. The available funds include a budget transfer from Acct. #245-50-520-58100-15625 to Acct. #245-50-520-58100-15082 in the amount of $49,458.00. The following table lists the funds available for CIP20-37: Available Funds Amount CIP20-37 Prop C – Acct. #245-50-520-58100-15082 including a budget transfer of $49,458 from Acct #245-50-520-58100-15625 $249,458.00 LLMD – Acct. #251-50-520-58100-15082 $100,000.00 Measure M – Acct # 254-50-520-58100-15082 $80,000.00 SB1 – Acct # 256-50-520-58100-15082 $1,275,000.00 Total Available $1,704,458.00 Construction Costs Amount Construction Contract $1,484,000.00 Construction Contingency $150,458.00 Contact Administration $70,000.00 Total Construction Budget $1,704,458.00 BACKGROUND The City’s Pavement Management System (PMS) is utilized to identify and rate the condition of City streets to facilitate the development of pavement rehabilitation projects and programs. With the aid of the PMS, Staff analyses the conditions of the streets and develops street improvement programs with various funding scenarios which are programed in the City’s Capital Improvement Program (CIP). The PMS ranks streets based on a Pavement Condition Index (PCI rating) ranging from zero to 100 with zero being the poorest condition. The streets selected for this project were identified by the PMS for rehabilitation. DISCUSSION The proposed project consists of six (6) street segments encompassing major and residential streets including Baldwin Park Blvd., Ramona Blvd., Merced Avenue, Garvey Avenue, Walnut Street and Fairgrove Street. The work includes asphalt concrete pavement cold-mill and overlay, installation of highly visible crosswalks with flashing beacons, new ADA compliant access ramp upgrades, concrete repairs to sidewalks, curb and gutter, driveway access aprons, traffic pavement messages and striping and installation of speed cushions at various locations. The project also includes the construction of new sidewalk along Garvey Avenue between Puente Avenue and Garden View Ln. A notice inviting bids for the project was advertised in the San Gabriel Tribune as well as on the City’s website bid portal. On August 17, 2021 a total of six (6) bids were received and checked for errors, and all were determined to be valid. The following is a summary of the bids received: No Contractor Location Base Bid Amount 1 Onyx Paving Company, Inc. Anaheim $1,484,000.00 2 Gentry Brothers, Inc. Irwindale $1,492,533.25 3 Hardy & Harper Lake Forest $1,556,300.00 4 Sequel Contractors, Inc. Santa Fe Springs $1,612,045.80 5 All American Asphalt Corona $1,659,669.00 6 Palp, Inc. DBA Excel Paving Long Beach $1,894,805.60 The lowest responsive and responsible bid was from Onyx Paving Company, Inc. of Anaheim, California. Staff has checked and verified references and recommends that the City Council move forward with the award of contract for this project. If approved the work is anticipated to commence in late September 2021. On April 21, 2021, the City Council authorized a pre-qualification list for on-call professional Engineering consultant services and approved Professional Services Agreements (PSAs) for Engineering Design, Plan Check, Construction Management, Inspection and Related Services. Additionally, the City Council provided Staff with direction to bring all RFS proposals exceeding the City’s purchasing policy limits for Council consideration. The cumulative total for these services exceeds the Executive signatory limits set by the City’s purchasing policy. LEGAL REVIEW None Required ALTERNATIVES 1. The City Council may choose not to award a construction contract, reject all bids and re- bid the project. This action is not recommended as re-bidding the project will delay the work and may result in increased costs. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. ATTACHMENTS 1. Location Map 2. Request-for-Service Proposal from Infrastructure Engineers (IE) 3. Plans and Specifications (copy held at the City Clerk’s office and available upon request) OUNCIL MEMBER LOCATION MAP PROJECT LOCATION CITY LIMIT LEGEND: CITY OF BALDWIN PARK Major and Residential Streets Rehabilitation Project City Project No. CIP 20-37 PROJECT LOCATION CITY LIMIT LEGEND: LOCATION MAP REQUEST FOR SERVICES N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS011-The Inspection of Service for the City Project No. CIP 20-37, Major and Residential Streets Rehabilitation Project-06-18-21.doc Page 1 of 3 City of Baldwin Park TO: Sam Gutierrez, Director of Public Works DATE: August 24, 2021 FROM: Farzad Dorrani, MS, Chief Operating Officer SUBJECT: CM and Inspection for the Major and Residential Streets Rehabilitation Project (City Project No. CIP 20-37) Acct. No.: Type of Project: Public Works Community Development Traffic Park and Rec. Description of Request: The scope of service will include providing construction management, inspection and construction support for the above project. Task 1 – Construction Management and Inspection will be per Exhibit “A” for the public improvements for the City project CIP 20-37, collectively known as the Major and Residential Streets Rehabilitation project. Task 2 – Construction Support will be 10 hrs. responding to RFIs and submittals during construction. Infrastructure Engineers’ fee for above services is $59,850 based on 60 construction working days as shown in the Exhibit “A” provided by the City and 10 hrs. of construction support as indicated below: 1. Construction Management & Inspection $58,500 2. Construction Support $ 1,350 Total $59,850 This RFS is for the above tasks only and does not include any other tasks related to the project which is not listed herewith including material testing and additional days after 60 working days. A separate RFS shall be prepared for any additional tasks or additional construction management, inspection and construction support hours needed. for City’s approval. REQUEST FOR SERVICES N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS011-The Inspection of Service for the City Project No. CIP 20-37, Major and Residential Streets Rehabilitation Project-06-18-21.doc Page 2 of 3 To be completed by Infrastructure Engineers: Project Number: Projected Date of Completion: Sixty (60) Construction Working Days Project Manager: Miguel Hernandez Estimated Cost of Services: $59,850 __ 8/24/21 Farzad Dorrani, MS, Chief Operating Officer Date APPROVED TO PROCEED: Sam Gutierrez, Director of Public Works Date REQUEST FOR SERVICES N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS011-The Inspection of Service for the City Project No. CIP 20-37, Major and Residential Streets Rehabilitation Project-06-18-21.doc Page 3 of 3 Exhibit “A” August 24, 2021 SUBJECT: Request for Service for the City Project No. CIP 20-37, Major and Residential Streets Rehabilitation Project Background The project consists of 2-inch asphalt pavement removal and overlay on various streets citywide. Work includes installation of highly visible crosswalks with flashing beacons, construction of accessible curb ramps, installation of traffic calming speed cushions, installation of pavement messages and striping, concrete repairs including sidewalk extensions, curb and gutter, and driveway aprons. The request hours for this task order is for hybrid CM/inspection services comprised of 6 hours per day for a period of 60 working days. This will include approximately 4 hours for inspection and 2 hours for CM. The total construction cost: $1,484,000.00 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. 3. Address any public complaints or concerns received. 4. Review and make recommendations for approval of submittals and approve said submittals. Page 2 RFS- Rev 1 5. Coordinate with the design team regarding any design concerns and changes. 6. Review and address contractor’s RFI’s. 7. Review contractor certified payrolls. 8. 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. 9. 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. 10. Prepare punch list and conduct final job walk. Prepare recommendation to City staff for acceptance of the construction project. 11. 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). 12. Verify construction staking to reflect the design shown on the plans. 13. 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. 14. Inspect and approve layout of the critical tie-in points and for the limits of removal of existing asphalt and PCC improvements. 15. 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. 16. 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. Page 3 RFS- Rev 1 17. 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. 18. Any additional related construction management and inspection services as specified as part of the on-call engineering professional services agreement approved April 21, 2021. ITEM NO. 7 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: September 1, 2021 SUBJECT: Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive National Transit Database Reporting Funds for Transit Services for Year 2019 SUMMARY This report seeks Council consideration for the approval of a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) in order for the City of Baldwin Park to receive Proposition “A” Discretionary Incentive funds in the amount of $149,719.00 for reporting year 2019 for participating in MTA’s National Transit Database (NTD) reporting of Baldwin Park’s Transit Services to the Federal Transportation Authority (FTA). RECOMMENDATION Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreements. FISCAL IMPACT There is no impact to the General Fund. The City will receive a total amount of $149,719.00 from MTA as Proposition “A” Discretionary revenue. These restricted funds are used to offset the costs of operating the City’s Transit Services Program. BACKGROUND The City of Baldwin Park voluntarily reports annual city transit program ridership and service miles statistics to MTA. The data includes annual costs, revenue, number of passengers, and services provided through the Baldwin Park Transit Program. MTA’s collected data from each operator generates additional Federal Section 5307 capital funds to the County of Los Angeles regionally. On September 24, 2020, LACMTA approved the Fiscal Year 2020-21 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2018-19. The city has voluntarily submitted NTD data to LACMTA, for Fiscal Years 2018-19 which successfully met all NTD and Federal Transit Administration (FTA) requirements including an audit with no findings. DISCUSSION The City of Baldwin Park receives funds for its NTD reporting based on the same formula that the FTA uses to reimburse LACMTA. The Federal process for reviewing the data creates a two-year lag between data submittal and fund disbursements. This year the City received an MOU for reporting year 2019. The NTD Funds will be applied as revenue in FY2021-22. LEGAL REVIEW None required. ATTACHMENTS 1. MTA MOU (MOUPAIBALP21000) MOUPAIBALP21000 1 MOU 19 Agreement NTD Prop A PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR 2019 This Memorandum of Understanding (MOU) is entered into as of March 1, 2021 by and between Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of Baldwin Park (the “City”). WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data; and WHEREAS, at its September 24, 2020 Board meeting, LACMTA approved the Fiscal Year FY 2020-21 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2018-19. It also included supplemental funding for the City as CARES Act Equivalent funds to support transportation programs that are impacted by the COVID-19 crisis; and WHEREAS, the City has voluntarily submitted their FY2018-19 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2018-19 Report Year (the “Project”); and WHEREAS, on December 27, 2020, the Federal Transit Administration (FTA) published in the Federal Register the FY 2020-21 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project. NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures: ARTICLE 1. TERM MOUPAIBALP21000 2 MOU 19 Agreement NTD Prop A 1.0 This Memorandum of Understanding (“MOU”) will be in effect from March 1, 2021, through June 30, 2024 at which time all unused funds shall lapse. ARTICLE 2. STANDARDS 2.0 To receive payment for the submittal of the FY 2018-19 NTD statistics, the City warrants that it: A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements; B. Prepared and submitted the FY 2018-19 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the LACMTA on or before October 31, 2019; ARTICLE 3. PAYMENT OF FUNDS TO CITY 3.0 LACMTA shall pay the City for collecting and reporting FY 2018-19 NTD statistics. LACMTA shall pay the City for submitting the FY 2018-19 ANNUAL NTD REPORT for the applicable transit services as follows: MOTOR BUS SERVICE For City’s motor bus service, LACMTA shall pay an amount equal to the 197,853 revenue vehicle miles reported by the City multiplied by the FTA unit value of $ 0.434030161 per revenue vehicle mile. See Attachment A for detail. DIAL-A-RIDE SERVICE For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 35,944 revenue vehicle miles reported by the City multiplied by the FTA unit value of $ 0.434030161 per revenue vehicle mile. See Attachment A for detail. CARES ACT EQUIVALENT SUPPLEMENTAL FUNDING LACMTA shall pay up to $ 48,244 in CARES Act equivalent Program Funds to support transit programs that are impacted by the COVID-19 pandemic. 3.1 The City shall submit one invoice to LACMTA prior to June 30, 2024, in the amount of $149,719 in order to receive its payment described above. 3.2 INVOICE BY CITY: Send invoice with supporting documentation to: MOUPAIBALP21000 3 MOU 19 Agreement NTD Prop A Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 accountspayable@metro.net Re: LACMTA MOU# MOUPAIBALP21000 M.S. Chelsea Meister (99-4-3) ARTICLE 4. CONDITIONS 4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics. 4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City’s use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU. 4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise. 4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board. 4.4 These expenditures will be subject to AUDIT as part of LACMTA’s annual Consolidated Audit. ARTICLE 5. REMEDIES 5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA. ARTICLE 6. MISCELLANEOUS 6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein. MOUPAIBALP21000 4 MOU 19 Agreement NTD Prop A 6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority. ARTICLE 7. CONTACT INFORMATION 7.0 LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Chelsea Meister (99-4-3) 7.1 City’s Address: Baldwin Park 14403 E. Pacific Ave. Baldwin Park,CA 91706 Attn: David Lopez dlopez@baldwinpark.com MOUPAIBALP21000 5 MOU 19 Agreement NTD Prop A IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below: CITY: Los Angeles County Metropolitan Transportation Authority City of Baldwin Park _________________________ By: ___________________________ STEPHANIE N. WIGGINS Mayor/City Manager Chief Executive Officer Date: ____________________ Date: _______________________ APPROVED AS TO FORM: APPROVED AS TO FORM: RODRIGO A. CASTRO-SILVA County Counsel By: _____________________ By: ____________________ Legal Counsel Deputy Date: ____________________ Date: __________________ ITEM NO. ________8_________ STAFF REPORT TO: Honorable Mayor and City Council members FROM: Robert A. López, Chief of Police Sam Gutierrez, Director of Public Works DATE: September 1, 2021 SUBJECT: Addition of New Vehicles to the City’s Lease Program Using American Rescue Plan Funds SUMMARY The purpose of this report is to provide the City Council with additional information with regard to the leasing of 20 vehicles including the purchase after-market utility upgrades to be added to the City’s leasing program. The leased vehicles will be assigned to the Police Department and will replace existing vehicles with similar utility features currently in use. The displaced vehicles will be sold at auction and the proceeds of the sale will be applied to offset costs the leasing program. RECOMMENDATION Staff recommends that the City Council receive and file this report. FISCAL IMPACT There will be a positive impact to the City’s General Fund due to savings related to reduced fuel use and maintenance costs. The leasing of the police vehicles will be funded by The American Rescue Plan Act. Estimated cost for the 5-year lease of the vehicles are as follows: 5-Year Lease Estimate Amount Fund No. 275 – American Rescue Plan Act $594,765.00 FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 $118,953.00 $118,953.00 $118,953.00 $118,953.00 $118,953.00 BACKGROUND The Police Department fleet numbers over 70 vehicles. Only 19 of them are 5 years old or newer, including 5 new patrol cars leased last year. Nearly 30 vehicles are over ten years old. While patrol vehicles see the heaviest use and need to be replaced most often, many of our oldest vehicles are used by detectives and administrative staff. While these vehicles last the longest, the majority of them are past the ten-year age mark and have high numbers of miles. The City's receipt of American Rescue Plan funds provides a unique opportunity to refresh key portions of the Police Department's fleet in a way that will not negatively impact the General Fund and will provide the latest fuel efficiency and safety technologies available on the market. In order to maximize fiscal responsibility while keeping the mission of the needed vehicles in mind, a mixture of vehicle models for lease comprised of 15 vehicles for detective and administration staff and 5 new patrol vehicles. LEGAL REVIEW None Required ATTACHMENTS None STAFF REPORT ITEM NO. _________9________ TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Development PREPARED BY: Carol Averell, Housing Manager DATE: September 1, 2021 SUBJECT: Public Hearing Regarding Fiscal Year 2020-21 Consolidated Annual Performance and Evaluation Report (CAPER) SUMMARY The U.S. Department of Housing and Urban Development (HUD) requires the City to conduct a Public Hearing to approve the FY 2020-21 Consolidated Annual Performance & Evaluation Report (CAPER) in accordance with federal regulation 24 CFR 570.486(a)(5). RECOMMENDATION Staff recommends that the Mayor and City Council: 1. Conduct a Public Hearing, accept public testimony, and approve the Final 2020-21 Consolidated Annual Performance & Evaluation Report (CAPER) for federal CDBG and HOME funds; and 2. Authorize the City Manager to transmit this report to the United States Department of Housing and Urban Development (HUD) by the deadline of September 28, 2021. FISCAL IMPACT There is no fiscal impact to approve and file this document. BACKGROUND Annually, the City is required to submit to HUD its CAPER, which reports on program performance and accomplishments for the use of CDBG and HOME entitlement funds. The City is required to conduct a public hearing to adopt the CAPER. The purpose of the CAPER is threefold: 1. It provides HUD with necessary information for it to meet its statutory requirement to assess each grantee's ability to carry out relevant City programs in compliance with all applicable rules and regulations. 2. It provides information necessary for HUD's Annual Report to Congress, also statutorily mandated; and 3. It provides the City an opportunity to describe its successes in revitalizing deteriorated neighborhoods and meeting objectives stipulated in their Consolidated Plan. To those ends, the attached CAPER has been prepared in accordance with Federal guidelines. The CAPER highlights the City's achievements during the implementation year of the HUD- funded Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) Programs covering July 1, 2020 through June 30, 2021. Additionally, the CAPER reports the progress the City made in carrying out its strategic plan as part of the Five-Year Consolidated Plan and its Annual Action Plan. Every five years, the City prepares a Consolidated Plan describing the proposed use of CDBG, HOME, and other applicable federal program funds. The Council-adopted Consolidated Plan covering 2020-2024 identifies the City's overall vision and strategy for addressing housing and non-housing community development needs in Baldwin Park. As a means to achieve the strategic goals outlined by the Consolidated Plan, the City prepares an Annual Action Plan that describes projects, programs, and activities that will address the priority needs of low- and moderate-income households through community development, economic development, housing, and public services during the specified year. This CAPER discusses accomplishments to date towards the Consolidated Plan’s 5-Year goals, as well as towards the 2020-21 annual goals described in the Annual Action Plan. It is recommended that after conducting the public hearing, the Mayor and City Council accept the Consolidated Annual Performance & Evaluation Report, inclusive of public comments, and authorize the City Manager to execute all required documents for transmittal to the U.S. Department of Housing and Urban Development (HUD) by September 28, 2021. LEGAL REVIEW No Legal Review is necessary at this time. ALTERNATIVES None proposed. This item simply reports CDBG and HOME accomplishments to the Baldwin Park Mayor and City Council. ATTACHMENTS 1. FY 2020-21 CAPER CITY OF BALDWIN PARK CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) JULY 1, 2020 - JUNE 30, 2021 Draft for Public Review August 18, 2021 – September 1, 2021 COMMUNITY DEVELOPMENT DEPARTMENT HOUSING DIVISION 14403 PACIFIC AVENUE BALDWIN PARK, CA 91706 CITY OF BALDWIN PARK 2020/21 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) TABLE OF CONTENTS SECTION PAGE Introduction .................................................................................................................. 1 CR-05: Goals and Outcomes ........................................................................................ 3 CR-10: Racial and Ethnic Composition of Families Assisted ...................................... 10 CR-15: Resources and Investments …………….……. …..…… ........................................... 11 CR-20: Affordable Housing ......................................................................................... 16 CR-25: Homeless and Other Special Needs ............................................................... 18 CR-30: Public Housing ................................................................................................ 21 CR-35: Other Actions .................................................................................................. 22 CR-40: Monitoring ...................................................................................................... 27 CR-45: CDBG ............................................................................................................... 29 CR-50: HOME .............................................................................................................. 32 Appendix 1: 2019 CDBG Financial Summary Report 2: 2019 CDBG Activity Summary by Selected Grant Report 3: 2019 CDBG-CV Financial Summary Report 4: Proof of Publication CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Introduction The City of Baldwin Park’s (City) FY 2020-21 Consolidated Annual Performance Evaluation Report (CAPER) is the first year-end performance evaluation under the 2020-2024 Consolidated Plan. The CAPER discusses affordable housing outcomes, homelessness and special needs activities, non-housing community development activities, and other actions in furtherance of the City’s Annual Action Plan Programs and Projects for Fiscal Year (FY) 2020-21 (July 1, 2020 to June 30, 2021). This document will be formatted using HUD’s CAPER template, which will be submitted via online by way of the Integrated Disbursement and Information System (IDIS). The City receives Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds each year from the federal government to support h ousing and community development activities that principally benefit low and moderate-income households. To receive these federal funds, the City must adopt a five-year strategic plan that identifies local needs, and how these needs will be prioritized and addressed using these federal funds. In May of 2020, the Baldwin Park City Council adopted a five-year (FY 2020/21 – 2024/25) Consolidated Plan. Baldwin Park’s Consolidated Plan builds upon other related planning documents, including the City's 2015-2019 Consolidated Plan and the City’s 2014-2021 Housing Element. Strategic Plan Summary The City’s Consolidated Plan strategy includes general priorities to meet the needs of the community and the City’s rationale for investment of federal funds. To address the needs, the City identified the following priorities as having the greatest need in the community: 1. Expand the supply of affordable housing. 2. Preserve the supply of affordable housing. 3. Ensure equal access to housing opportunities. 4. Provide neighborhood services, community facilities and infrastructure improvements. 5. Provide public services for low-income residents. 6. Provide public services for residents with special needs. 7. Prevent and eliminate homelessness. 8. Section 108 loan repayment. 9. Preserve special needs non-homeless facilities and infrastructure. These priorities were formed based on the national objectives and outcomes supported by HUD as described below. CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) National Objectives • Provide decent affordable housing. The activities that typically would be found under this objective are designed to cover a wide range of housing possibilities under HOME and CDBG. • Creating a suitable living environment. In general, this objective relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment. • Creating economic opportunities. This objective applies to the types of activities related to economic development, commercial revitalization, or job creation. National Objective Outcomes The outcomes reflect what the grantee seeks to achieve by the funded activity. The City of Baldwin Park associates the national objectives to these outcomes. • Availability/Accessibility; • Affordability; and • Sustainability. Summary For fiscal year 2020/21, the City of Baldwin Park had a total of $1,352,913 in CDBG funds. This total amount was comprised of $959,959 in Fiscal 2020/21 CDBG entitlement funds, $16,095 in program income, and $375,859 in prior year unspent CDBG funds carried forward (allocated and unallocated). CDBG funds were used for public services, code enforcement, CDBG administration, repayment of a Section 108 loan, lead testing, rehabilitation administration, and fair housing services. The City of Baldwin Park also had $2,383,716 in HOME Program funds comprised of a FY 2020/21 allocation of $303,605, program income of $112,817, and a carryover balance of $1,967,294. The City used HOME funds for administration of the HOME program. The City was also allotted a special allocation of CARES Act funds (CDBG-CV) in two separate tranches (CDBG-CV1 and CDBG-CV3) totaling an amount of $1,160,049 to help the City respond to the COVID-19 pandemic. During the fiscal year, CDBG-CV funds were disbursed on COVID-19 community testing and on the administration of activities that prevented, prepared, and responded to the Coronavirus. CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the progr am year. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Affordable Housing Development Affordable Housing HOME: $0 Rental units constructed Household Housing Unit 11 Housing Units (Construction of New Affordable Housing Units: 11 housing units) 0 Housing Units (No CHDO or For-Profit affordable housing projects funded in FY 2020/21) 0.00% 3 Housing Units (Construction of New Affordable Housing Units: 3 housing units) 0 Housing Units (No CHDO of For-Profit affordable housing projects funded in FY 2020/21) 0.00% Community Fac., Inf., and Section 108 Debt Service Non-Housing Community Development CDBG: $478,066 Other Other 1 Other (FY 2020/21 Section 108 Loan Repayment) 1 Other (FY 2020/21 Section 108 Loan Repayment) 100% 1 Other (FY 2020/21 Section 108 Loan Repayment) 1 Other (FY 2020/21 Section 108 Loan Repayment) 100% Fair Housing Services Affordable Housing CDBG: $2,500 Other Other 500 Other (Housing Rights Center: 500 other) 76 Other (Housing Rights Center: 76 other) 15.2% 50 Other (Housing Rights Center: 50 other) 76 Other (Housing Rights Center: 76 other) 152% CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Homelessness Prevention Homeless CDBG: $10,000 Homelessness Prevention Persons Assisted 1,000 Persons (East San Gabriel Valley Coalition for the Homeless: 1,000 persons) 216 Persons (East San Gabriel Valley Coalition for the Homeless: 216 persons) 21.60% 200 Persons (East San Gabriel Valley Coalition for the Homeless: 200 persons) 216 Persons (East San Gabriel Valley Coalition for the Homeless: 216 persons) 108.00% Housing Preservation Affordable Housing CDBG: $189,521 Homeowner Housing Rehabilitated Household Housing Unit 20 Housing Units (Housing Rehabilitation Program: 20 housing units) 0 Housing Units (Housing Rehabilitation Program: 0 housing units) 0.00% 4 Housing Units (Housing Rehabilitation Program: 4 housing units) 0 Housing Units (Housing Rehabilitation Program: 0 housing units) 0.00% Neighborhood Services Non-Housing Community Development CDBG: $126,003 Housing Code Enforcement/ Foreclosed Property Care Household Housing Unit 10,000 Housing Units (Code Enforcement: 10,000 housing units) 2,658 Housing Units (Code Enforcement: 2,658 housing units) 26.58% 2,000 Housing Units (Code Enforcement: 2,000 housing units) 2,658 Housing Units (Code Enforcement: 2,658 housing units) 132.90% CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Public Services for low- and moderate- income resid Non-Housing Community Development CDBG: $89,040 CDBG- CV: $508,318 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 20,415 Persons (Church of the Redeemer Food Bank: 6,000 persons; Family Service Center: 12,500 persons; BPPD Pride Platoon: 200 persons; Recreation Sports Program: 140 persons; St. John’s Church Social Services: 50 persons; Youth Employment: 25 persons; Graffiti Removal: 1500 persons) 72,360 Persons (Church of the Redeemer Food Bank: 4,349 persons; Family Service Center: 1,232 persons; BPPD Pride Platoon: activity cancelled; Recreation Sports Program: activity cancelled; St. John’s Church Social Services: 9 persons; Youth Employment: activity cancelled; Graffiti Removal: 66,770 persons) 354.45% 4,083 Persons (Church of the Redeemer Food Bank: 1,200 persons; Family Service Center: 2,500 persons; BPPD Pride Platoon: 40 persons; Recreation Sports Program: 28 persons; St. John’s Church Social Services: 10 persons; Youth Employment: 5 persons; Graffiti Removal: 300 persons) 85,353 Persons (Church of the Redeemer Food Bank: 4,349 persons; Family Service Center: 1,232 persons; BPPD Pride Platoon: activity cancelled; Recreation Sports Program: activity cancelled; St. John’s Church Social Services: 9 persons; Youth Employment: activity cancelled; Graffiti Removal: 66,770 persons; CV - BP COVID- 19 Community Testing: 1,600 persons; CV-BP Food Voucher Program: 176 persons; CV-BP Senior Meal Delivery Program: 1,214 persons; CV- Church of the Redeemer Food Basket 2090.49% CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Program: 9,878 persons; CV-St. Johns Food Bank: 125 persons) Special Needs Non- Homeless Public Facilities Non- Homeless Special Needs CDBG: $0 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 10,000 Persons (Various Public Facility Projects for Special Needs Populations: 10,000 persons) 0 Persons (No projects funded in FY 2021/22) 0.00% 0 Persons (No projects funded in FY 2021/22) 0 Persons (No projects funded in FY 2021/22) 0% Special Needs Services Non- Homeless Special Needs CDBG: $15,000 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 2,375 Persons (Domestic Violence Advocate: 1,250 persons; YWCA of San Gabriel Valley: 1,125 persons) 139 Persons (Domestic Violence Advocate: 139 persons; YWCA of San Gabriel Valley: activity cancelled) 5.85% 475 Persons (Domestic Violence Advocate: 250 persons; YWCA of San Gabriel Valley: 225 persons) 139 Persons (Domestic Violence Advocate: 139 persons; YWCA of San Gabriel Valley: activity cancelled) 29.26% Table 1 - Accomplishments – Program Year & Strategic Plan to Date CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. Consistent with the City’s Priority Needs outlined in the Consolidated Plan, the City allocates the largest share of its CDBG funding to non -housing community development activities (public facilities, infrastructure, and public services), preceded by the community’s housing needs and program administration funded by both CDBG and HOME. The Consolidated Plan five-year priorities for assistance with CDBG and HOME funds takes into consideration several factors such as: 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 will best meet the needs of those identified households; and 3) the extent of other non-federal resources that can be utilized to leverage/match CDBG and HOME funds to address these needs. Overall, the approved projects and programs in the FY 2020/21 Annual Action Plan assisted as many participants as possible with limited resources available and with the Coronavirus pandemic still prevalent during the entire program year. Several public service activities were cancelled due to the pandemic such as the YWCA of San Gabriel Valley, the Baldwin Park Pride Program, the Youth Employment Program, and the Recreation Sports Subsidy Program. However, public service programs that thrived during the pandemic were those that specifically helped deal with the effects COVID was having in their lives. For example, the East San Gabriel Valley Coalition for the Homeless had a goal to assist 200 persons and exceeded that goal by 16. Church of the Redeemer Food Bank had a goal to assist 1,200 persons, but by June 30, 2021 reported serving 4,349 persons. Overall, the City assisted 5,806 persons with public services in FY 2020/21 with CDBG entitlement funds. Public services carried out in FY 2020/21 to prevent, prepare, and respond to COVID-19 with CDBG-CV (CARES Act) funds assisted a total of 12,993 persons made up of the following: • CV-Baldwin Park COVID-19 Community Testing, allocated $290,800, provided free COVID- 19 testing to 1,600 persons in FY 2020/21. • CV-City of Baldwin Park Food Vouchers, allocated $80,000, provided food vouchers to 176 persons in FY 2020/21. • CV-Church of the Redeemer - Food Baskets, allocated $65,918, assisted 9,878 persons in FY 2020/21. • CV-St. John's Church Food Program, allocated $5,000, provided 125 persons with free food. • CV-Senior Meal Delivery Program, allocated $66,600, provided 1,214 seniors with free CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) meals delivered to their homes. Additional activities that will be implemented in the 2021/22 program year to prevent, prepare, and respond to COVID include: • Baldwin Park Senior Meals Delivery Program ($66,000). The program provides five nutritional well-balanced meals per participant per week and includes fruits and vegetables. Seniors are a high-risk population that has been greatly affected by the COVID-19 crisis. In addition, staff will conduct well-being calls on a weekly basis. Approximately 250 persons will be assisted. • Legal Services ($50,000). Legal services to assist Baldwin Park residents with issues regarding evictions and rent control brought on by COVID-19. It is anticipated that 25 persons/households will receive services in FY 2021/22. • Restaurant Vouchers Program ($40,000). The Program will provide $100 gift certificates from local “mom and pop” restaurants with a demonstrative negative impact from COVID-19 to low- and moderate-income residents. It aims to assist both the beneficiary of the $100 gift certificate and the local restaurants that the gift certifi cates are being purchased from. 400 LMI persons are eligible to receive a gift certificate. • Baldwin Park Emergency Rental Assistance Program ($135,000). The Program will provide up to 3-months of emergency rental assistance to households experiencing a sudden loss of income because of COVID-19. The program is targeted to very-low-income households that are currently housed but are experiencing financial hardship due to the Pandemic. Emergency rental assistance is capped at $7,500 per households over a three -month period. Beneficiaries must be low-income to be eligible. Eighteen (18) households are estimated to be assisted. • Baldwin Park Micro Business Assistance Program ($128,122). This program offers 25 $5,000 grants to local small businesses that have been impacted by COVID-19. Businesses wishing to receive a grant must have five or fewer employees (including the owner). Eligible expenditures include rent, utilities, equipment and/or supplies for operations or payroll. The owner must be of low to moderate income to qualify. Housing preservation programs specifically impacted by the pandemic included the Home Improvement Grant and Loan Program. The City found that homeowners were reluctant to seek financial rehabilitation assistance for fear of coming into contact with contractors and City staff. CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) The program will again be offered in FY 2021/22 hopefully with more success. Finally, despite the Pandemic, the City exceeded its goals in both the Code Enforcement and Graffiti Removal programs. These programs aim to alleviate blight in low- and moderate-income neighborhoods by addressing building violations and removing unsightly graffiti from residential property. Both programs will continue in FY 2021/22. CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME White 12,283 0 Black or African American 40 0 Asian 2,584 0 American Indian or American Native 6 0 Native Hawaiian or Other Pacific Islander 1 0 Other Multi-Racial 2,424 Total 17,338 0 Hispanic 8,364 0 Not Hispanic 8,974 0 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative For program year 2020/21, the majority of the CDBG allocations were invested in community development, such as public services, code enforcement, administration, and fair housing. The racial and ethnic composition shown above reflect projects and programs that were completed in FY 2020/21 and for which such data is available. Of the 17,338 persons benefitting from federal CDBG, 71 percent were White, less than one percent were Black, 15 percent were Asian, and 14 percent identified as Other. Additionally, 48 percent of participants were of Hispanic origin. CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal $1,352,913 $964,501 HOME public - federal $2,383,716 $27,848 CDBG-CV Public – federal $1,160,049 $437,402 Table 3 - Resources Made Available Narrative During FY 2020/21, the City had $4,896,678 in federal CDBG and HOME funding to address the goals and objectives of the FY 2020/21 Action Plan. Specifically, the CDBG entitlement amount for FY 2020/21 was $959,959, prior year unspent funds were $376,859, and program income receipted was $16,095 resulting in a total of $XX for CDBG. HOME funding for FY 2020/21 was $303,605, plus $112,817 in program income, and $1,967,294 in unspent prior year funds (includes prior year program income). Expenditures during the 2020/21 program year totaled $1,429,751 from federal resources which addressed the needs of extremely low, low, and moderate-income persons. CDBG expenditures of $964,501 included projects and programs approved in FY 2020/21 and from prior years. A total of $27,848 in HOME expenditures were only related to HOME program administration. The City was also allotted a special allocation of CARES Act funds (CDBG-CV) in the amount of $1,160,049 to help the City respond to the COVID-19 pandemic. During the fiscal year, the City disbursed $437,402 on activities to further bolster the City’s ability to prevent, prepare for, and respond to COVID-19. These activities include COVID-19 community testing, a food voucher program, senior meal deliveries, and CDBG-CV program administration. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 40 Citywide Low- and Moderate-Income Areas 60 Table 4 – Identify the geographic distribution and location of investments Narrative For the 2020/21 program year, the City did not allocate new CDBG funds to Public Facilities or Infrastructure activities. The City spent CDBG funds for Code Enforcement and Graffiti Removal CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) benefiting the low-and Moderate-Income Areas, which constitutes a total of XX% of available CDBG funds. Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. HUD requires HOME Participating Jurisdictions (PJs) to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, PJs satisfying the distress criteria established by the HOME Program regulations are provided a match reduction. Match reductions are granted due to fiscal distress, severe fiscal distress, and Presidential disaster declarations. For the 2020/21 program year, the City of Baldwin Park has received a 50% match reduction from HUD, therefore, will match 12.5% of HOME Funds using non- federal funds. However, only administrative funds were expended, so there was no match requirement for the 2020/21 program year. No publicly owned land was utilized for activities in the 2020/21 program year. Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year $3,885,831 2. Match contributed during current Federal fiscal year $0 3 .Total match available for current Federal fiscal year (Line 1 plus Line 2) $3,885,831 4. Match liability for current Federal fiscal year $0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $3885,831 Table 5 – Fiscal Year Summary - HOME Match Report CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non- Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastruct ure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match 0 0 0 0 0 0 0 0 0 Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at begin-ning of reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ 0 0 0 0 0 Table 7 – Program Income CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Number 0 Dollar Amount 0 Sub-Contracts Number 0 Dollar Amount 0 Total Women Business Enterprises Male Contracts Number 0 Dollar Amount 0 Sub-Contracts Number 0 Dollar Amount 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 Dollar Amount 0 Table 9 – Minority Owners of Rental Property CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 Businesses Displaced 0 Nonprofit Organizations Displaced 0 Households Temporarily Relocated, not Displaced 0 Households Displaced Total Minority Property Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 Cost 0 Table 10 – Relocation and Real Property Acquisition CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate- income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 200 0 Number of Non-Homeless households to be provided affordable housing units 4,083 0 Number of Special-Needs households to be provided affordable housing units 475 0 Total 4,758 0 Table 11 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 3 0 Number of households supported through Rehab of Existing Units 4 0 Number of households supported through Acquisition of Existing Units 0 0 Total 7 0 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. For the 2020/21 program year, the City of Baldwin Park had a goal to develop three new affordable rental housing units, as well as to provide rehabilitation assistance to at least four households; however, no accomplishments were made in these two areas. The City’s efforts were diverted to preparing for, preventing, and responding to the Coronavirus , as was most homeowners who were reluctant to participate in a rehabilitation program for fear of coming into direct contact with contractors and City staff. However, the City has been in negotiations with a local Community Housing Development Organization (CHDO), the San Gabriel Valley Habitat for Humanity, throughout FY 2020/21 to develop a site located at 12769-12779 Torch Street, Baldwin Park (the “Torch Property”). In CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) March 2021, the Baldwin Park City Council approved a non-HOME City loan with to Habitat for Humanity to acquire the site for $1.4 million. Since then, the City has certified Habitat for Humanity as a CHDO, assembled a development team for the proposed project, and have begun designing a medium-density affordable housing project for low-income families to be funded with HOME funds. It is anticipated that by the end of FY 2021/22, an Affordable Housing Agreement, CHDO Agreement, and Development Agreement will be negotiated. It is also worth noting that the 4,758 households proposed to be assisted in Table 11 above, included persons to receive Section 8 tenant-based Housing Choice Voucher (HCV) assistance; however, the Section 8 program does not meet the definition of “affordable housing” pursuant to 24 CFR 92.252 for rental housing or 24 CFR 92.254 for homeownership housing. This table was completed erroneously during the development of the FY 2020/21 Annual Action Plan. Discuss how these outcomes will impact future annual action plans. With no accomplishments or disbursements made in FY 2020/21, the City of Baldwin Park has more funds available for the development of affordable housing in FY 2021/22. The 2021/22 Annual Action Plan estimates that over $2 million in HOME funds is available to provide gap financing to support the acquisition and rehabilitation/construction of affordable re ntal housing with a local Community Housing Development Organization (CHDO). While a site and project is yet to be determined, the City estimates that approximately 8 units can be developed with the amount of HOME funds available. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 0 0 Low-income 0 0 Moderate-income 0 0 Total 0 0 Table 13 – Number of Households Served Narrative Information No affordable housing accomplishments were achieved in FY 2020/21. The City will continue working with Habitat for Humanity to develop the site at 12769-12779 Torch Street in FY 2021/22. CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs In the County of Los Angeles, the Los Angeles Homeless Services Authority (LAHSA) is the lead agency coordinating the Continuum of Care (CoC). LAHSA is a joint powers authority for the City and County of Los Angeles (with the exception of the Cities of Long Beach, Pasadena and Glendale). A ten-member Commission governs LAHSA. Each of the County’s five Supervisors appoints one (1) commissioner while the Mayor and City Council of Los Angeles appoint another five (5) members. LAHSA plans, coordinates and manages resources for the County’s homeless programs. In addition, LAHSA provides technical assistance, data and other planning resources to many of the incorporated cities within the County, including the City of Baldwin Park. LAHSA develops and oversees a comprehensive strategy to address homelessness. According to the Ten-Year Plan to End Homelessness, the CoC has implemented several regional strategies that enhances local coordination to assist people more effectively in need. To identify and assess people experiencing homelessness, the CoC has created regional homeless access centers that offer fully coordinated systems of outreach and facilitate universal assessment, intake, referral, and transportation to resources more rapidly. The CoC also has resources of information (such as 2-1-1) to better serve individuals who are homeless or at risk of becoming homeless. In addition, the CoC has implemented a database using real time information from intake and assessment that is housed in the Homeless Management Information System (HIMS). Collectively these strategies help minimize duplication of effort and better connect the most vulnerable individuals and families, chronically homeless, and people at risk of becoming homeless to appropriate resources. Measure H was approved though an L.A. County ballot that raised the sales tax by one-quarter (1/4) of a cent. The revenues are to provide services for the homeless. The tax applies to all the cities within the County of Los Angeles and would be in effect for ten years. To reach out to unsheltered homeless persons and assess their individual needs for the purpose of connecting them with available emergency shelter and transitional housing resources, the City of Baldwin Park provided information and referrals — primarily to 2-1-1 Los Angeles County. Additionally, to assist persons experiencing homelessness or at risk of homelessness, the City of CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Baldwin Park allocated $10,000 in CDBG funds to the East San Gabriel Coalition for the Homeless with a goal to assist 240 persons. By the end of June 2021, the Coalition surpassed this goal by 16. Addressing the emergency shelter and transitional housing needs of homeless persons To address the emergency shelter and transitional housing needs of homeless persons, the City supported the East San Gabriel Valley Coalition for the Homeless with $10,000 in CDBG public service funds. Funds were used to provide transitional housing, emergency assistance and winter shelter to homeless families or families at risk of homelessness. In FY 2020/21, the ESGV Coalition for the Homeless assisted 216 persons. Additionally, the City supported a Domestic Violence Advocate that is able to provide emergency shelter as needed. In addition to emergency shelter, this agency offered supportive services for survivors and perpetrators of domestic violence, batterer’s program, anger management, and assistance in guiding victims through the criminal justice system. Lastly, the City of Baldwin Park also supports the efforts of the Los Angeles County Continuum of Care (CoC) and its member organizations that address homelessness. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The Los Angeles County CoC’s countywide protocols and procedures prevent people from being discharged from public and private institutions of care into homelessness. The protocols and procedures help decrease the number of persons being discharged into homelessness by at least 10 percent annually. Furthermore, the CoC coordinated with state and local agencies, and privately funded institutions of care to develop improved programs to assist at-risk persons with emergency financial assistance. Examples include short-term utility, rent, childcare and basic needs payment assistance. Furthermore, the CoC support ed pre-release planning for persons leaving state prisons and state mental health hospitals to prevent the release of persons to homelessness. Lastly, efforts are underway to improve resources to help youth aging out of foster care to transition to independence and to prevent them from falling into homelessness. Baldwin Park strives to prevent homelessness in populations vulnerable or at risk of homelessness through the use of CDBG and HOME funds that offe r housing vouchers, food programs, legal advocacy, and counseling services. CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again To address the needs of homeless families, families with children, and veterans and their families, the City supports the East San Gabriel Valley Coalition for the Homeless, which provided transitional housing, counseling and case management to families at risk of homelessness. In FY 2020/21, the East San Gabriel Valley Coalition for the Homeless served approximately 216 unduplicated people through its transitional housing program. When paired with financial counseling, career coaching and other available case management services, the agency makes certain that families are ready to succeed in their transition to permanent housing. CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The Baldwin Park Housing Authority (BPHA) was created and authorized under the State of California Housing Authority Law to develop and operate housing and housing programs for low- income families. The BPHA receives its funding from the Department of Housing and Urban Development (HUD) for the administration of the Section 8 tenant-based Housing Choice Voucher (HCV) assistance program for the cities of Baldwin Park, West Covina, El Monte, South El Monte, and Monrovia in the County of Los Angeles. In FY 2020/21, BPHA continued to serve the needs of residents through public housing and Section 8 vouchers. Baldwin Park owns and operate one “project based” public housing development called McNeil Manor Public Housing. McNeil Manor is a 12 -unit low-income senior housing development. Additionally, the Baldwin Park Housing Authority administers nearly 600 Section 8 vouchers in Baldwin Park. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership BPHA actively encourages residents to be involved in the organization through resident councils and active participation in housing authority decisions via surveys and other forms of engagements. BPHA implemented the use of social media to improve and maximize the outreach to owners and tenants and increase the accessibility of information. This became increasingly important during the COVID-19 pandemic and during the Stay-at-Home Order. Actions taken to provide assistance to troubled PHAs BPHA is designated as a High Performing Public Housing Agency, therefore no assistance was needed. CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing, such as land use controls, property taxes, state prevailing wage conditions, environmental protection, the cost of land, or th e availability of overall monetary resources. Based on the 2020-2024 Consolidated Plan, the primary barriers to affordable housing for the City of Baldwin Park continue to be housing affordability and the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that the demand for affordable housing exceeds the supply. Additionally, insufficient resources are available to increase the supply of affordable housing to meet demand. For low- and moderate-income households, finding and maintaining decent affordable housing is difficult due to the high cost of housing in Baldwin Park, as well as throughout Southern California in general. To address these obstacles, the City has historically invested its CDBG and HOME funds in projects that supported the development of new rental housing and the rehabilitation of existing rental units. The City of Baldwin Parks 2021-2024 Housing Element notes that governmental, market, and infrastructure constrain the development of affordable housing. The City has not adopted growth control measures or taken measures to reduce potential housing development. The City has acted to protect high-density, multi-family projects, and has provided development opportunities and has developed a number of opportunities for affordable housing development projects. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City leverages its CDBG and HOME entitlement grants with a variety of funding resources to maximize their effectiveness, however, the elimination of redevelopment by the State severely impacted Baldwin Park’s ability to seek new affordable housing opportunities. The 20% set -aside in redevelopment for affordable housing was a key component to developing more housing units for those most in need. CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Nonetheless, the City of Baldwin Park has aggressively pursued opportunities to add to its inventory of 497 affordable rental housing units. The City continues to seek new opportunities to leverage federal funds, such as the Low-Income Tax Credit Program and HUD’s Section 202 and 811 for the Elderly Program. HUD requires that cities undertake an analysis of assisted housing units that may be lost from the City’s affordable housing stock. Four federally assisted developments are at risk of potential conversion, representing 222 affordable units at risk due to expiring Section 8 contracts and upcoming loan maturity dates. City Staff continues to evaluate methods to ensur e the four projects (Clark Terrace, Frazier Park, Ramona Park and Syracuse Park), all owned by for-profit companies, can stay within the Section 8 system. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) As a means of better protecting children and families against lead poisoning, in 1999, HUD instituted revised lead-based paint regulations focused around the following five activities: • Notification • Lead Hazard Evaluation • Lead Hazard Reduction • Ongoing Maintenance • Response to Children with Environmental Intervention Blood Lead Level The City implemented HUD Lead Based Paint Regulations, pursuant to Title X, Section 1018, that requires any federal-funded rehabilitation project to address lead hazards. Additionally, where lead-based paint is identified, the City ensures that developers and contractors incorporate safe work practices. There are 12,570 housing units built before 1980 that may contain lead-based paint. When the City participates in housing rehabilitation programs, identification and abatement of lead are made a requirement of the construction. Finally, in Section 8 programs, an inspection of units includes the status of lead-based paint, and a direction that defective paint surfaces be repaired. In order to prevent the introduction and spread of COVID-19 in the community, HUD allowed lead-based paint testing to be conducted in a contactless manner. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) A primary method to reducing poverty is to enhance employment for residents and promote self- CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) sufficiency. This includes creating job opportunities and overall community improvement for Baldwin Park residents by supporting existing businesses and bringing additional economic forces and investment to the City, thereby increasing overall opportunities for local employment. Using CDBG funds, the City designated funding for a Youth Employment Program. However, because of the Coronavirus pandemic, the Youth Employment Program was cancelled. Activities that were necessary during the year, particularly for households suffering from a sudden loss of income due to COVID-19, were Church of the Redeemer’s Food Bank, St. John’s Food Bank (funded with CARES Act funding), Church of the Redeemer Food Basket Program (funded with CARES Act funding); Baldwin Park Senior Meals Delivery Program (CARES Act), and the Baldwin Park Food Voucher Program (CARES Act). While these programs don’t necessarily assist with poverty, they do provide much needed relief to a household’s monetary resources allowing them to use their income on other important needs (housing, childcare, etc.). Baldwin Park complies with Section 3 of the Housing and Community Development Act, for construction and housing projects using HUD funding. To foster local economic development and local job placement, Section 3 is a set of regulations that, to the greatest extent feasible, requires that low and very low-income residents be offered employment with housing and construction jobs using HUD funding. All construction-related HUD Subrecipient funded projects require a report that includes compliance with Section 3. Actions taken to develop institutional structure. 91.220(k); 91.320(j) As the recipient of CDBG and HOME funds, the City of Baldwin Park’s Housing Division of the Community Development Department is the lead department responsible for the overall administration of HUD grants. In that regard, the Department prepares the Consolidated Plan and Analysis of Impediments to Fair Housing Choice every five years, writes the Annual Action Plan and CAPER, as well as completes a myriad of other reports required by federal regulations. The City works closely with non-profit agencies and City departments on the use of CDBG programs that benefit the Baldwin Park community. For example, the City’s Public Works Department provides input on the need for infrastructure and public facility improvements that can be used with CDBG funding. Affordable housing development and preservation activities are being carried out by the Housing Division in partnership with housing developers and contractors. Public service activities were carried out by nonprofit organizations and City Departments to achieve the Strategic Plan goals. Additionally, advocacy groups, clubs and neighborhood leadership groups, and the private sector CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) are consulted as part of the Consolidated Plan process and are used to implement the City’s five- year strategy to address priority needs. Engaging the community and stakeholders in the delivery of services and programs for the benefit of low-to moderate-income residents is vital in overcoming gaps in service delivery. The City has also utilized public noti ces, community workshops and meetings (as appropriate), the City’s website and other forms of media to deliver information on carrying out the Consolidated Plan strategies. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) In an ongoing effort to bridge the gap of various programs and activities, the City of Baldwin Park has developed partnerships and collaborations with local service providers and other City departments that have been instrumental in meeting the needs of low-income individuals and families, the homeless and those with special needs. Baldwin Park’s Housing Division participated in coordinated efforts with the Los Angeles Homeless Services Authority, the Continuum of Care Lead Agency. The Housing Division and other City staff participation in meetings during the year to coordinate with local organizations that are working in neighborhoods to address poverty through direct community engagement. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) During the past fiscal year, the City of Baldwin Park’s Housing Division of the Community Development Department, and the Housing Rights Center affirmatively furthered fair housing choice through the implementation of recommendations contained within the Fair Housing Plan. In partnership with the Housing Rights Center, multi-faceted outreach has occurred to tenants, landlords, property owners, realtors, and property management companies. The Housing Rights Center provides free housing services to residents throughout Los Angeles and Ventura counties. Trained housing counselors answer questions about landlord -tenant rights and responsibilities including questions about security deposits, evictions, repairs and rent increases. They work to educate the community about fair housing laws. The Analysis of Impediments (A.I.) to Fair Housing Choice for 2020-2024 was prepared in coordination with the Baldwin Park Consolidated Plan. The Study found that the same three major impediments from the previously adopted A.I. continue: 1. Discrimination Against Persons with Disabilities has been the leading cause of all fair CAPER 26 OMB Control No: 2506-0117 (exp. 09/30/2021) housing complaints in Baldwin Park since 2010. Disabled people experienced difficulties when requesting reasonable accommodations or modifications. Persons with cognitive disabilities experienced the most obstacles w ith obtaining accommodations. The City of Baldwin Park’s contract with the Housing Rights Center works to promote greater awareness of potential discrimination against people with disabilities, by conducting workshops with landlords and housing industry stakeholders. 2. Lending patterns revealed that within the jurisdictional boundaries of the City of Baldwin Park, loan approval rates were generally higher for Asians and Whites, than for Hispanics. However, the overall data indicates that across all racial/ethnic groups, loan approval rates increase when measured against corresponding increases in income of the applicants. The A.I. continues to recommend review of Home Mortgage Disclosure Act data to ensure that minority racial groups do not have disproportionately lower home loan approval rates. 3. Lack of Awareness of Fair Housing Laws was found to be the third impediment to fair housing choice, specifically a general lack of knowledge of tenant or landlords, rights and responsibilities. However, data shows that when the City’s contracted fair housing service provider, which acts as a neutral convenor, provides clarifying information to resolve actual or perceived discrimination, three-quarters of cases were successfully conciliated. CAPER 27 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements To ensure that CDBG and HOME funds were used efficiently and in compliance with appli cable regulations, the City provided virtual technical assistance to all subrecipients at the beginning of the program year and examined subrecipients invoices and performance reports throughout the program year. No actual monitoring was conducted as the City’s efforts in this area were diverted to responding to COVID-19 and following social distancing and stay-at-home orders. The following standards and procedures were implemented in FY 2020/21: Technical Assistance To enhance compliance with federal program regulations, the City provided a virtual Notice of Funding Availability (NOFA) workshop to review the Plan goals, program requirements and available resources with potential applicants. Subsequent to the approval of the Annual Action Plan, a mandatory virtual subrecipient workshop was held to review program regulations in detail, to provide useful forms and resources for documenting compliance and to review the City’s compliance procedures and requirements. Additionally, individualized technical assistance can be provided on an as-needed basis throughout a program year. Activity Monitoring All activities were assessed in November 2020, beginning with a detailed review upon receipt of the funding application to determine eligibility, conformance with a National Objectives, and conformance with a Strategic Plan goal. This review also examined the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries, and likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the System for Award Management (SAM) debarment list, prevailing wage, Minority and Women Business Enterprise, Section 3, and federal acquisition and relocation regulations, as applicable. Subrecipients are required to submit an audit at the time of submitting their application along with other documentation to establish their capacity, and any findings noted in the audit are reviewed with the applicant. Eligible applications are then considered for funding. Once funded, desk reviews are ongoing of required quarterly performance reports and invoices. For CDBG public service activities, an on-site monitoring is normally conducted once every two (2) years, except new subrecipients that are monitored on-site the first year. These reviews include both a CAPER 28 OMB Control No: 2506-0117 (exp. 09/30/2021) fiscal and programmatic review of the subrecipient’s activities. The reviews determine if the subrecipient is complying with the program regulations and the City contract. Areas routinely reviewed include overall administration, financial systems, appropriateness of program expenditures, program delivery, client eligibility determination and documentation, reporting systems, and achievement toward achieving contractual goals. Following the monitoring visit, a written report is provided delineating the results of the review and any findings of non - compliance and the required corrective action. Subrecipients normally have 30 days to provide the City with corrective actions taken to address any noted findings. Individualized technical assistance is provided, as noted above, as soon as compliance conce rns are identified. For CDBG capital projects, monitoring also includes compliance with regulatory agreement requirements. For HOME funded activities, annual monitoring is undertaken to ensure that for renter occupied units, household income, rents and utility allowances are in compliance with applicable limits pursuant to the affordability covenant. For ownership units, annual monitoring of occupancy is conducted throughout the affordability period. Due to the COVID-19 national emergency, no onsite monitoring was conducted for any CDBG or HOME projects to ensure the safety of all parties. Onsite monitoring visits are planned to resume in FY 2021/22 if allowed and recommended by the local Public Health Department. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Pursuant to 24 CFR Part 91, the City solicited public review and comment on the draft 2020/21 Consolidated Annual Performance and Evaluation Report (CAPER). The public review period was 15 days (August 18, 2021 to September 1, 2021). No comments were made during the public comment period or at the public hearing on September 1, 2021. CAPER 29 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. COVID-19 created a large obstacle to the delivery of some services in FY 2020/21. For example, the City allocated public service funds to the YWCA of San Gabriel Valley, a Youth Employment Program, Recreation Subsidy Program, and the Baldwin Park Police Department’s Pride Program – all oriented to benefitting Baldwin Park’s youth population. Because of the County’s Stay-at- Home Order and fears of coming into close contact with people during the height of the pandemic, these programs were cancelled, leaving funds available to be programmed to other eligible CDBG activities in the future. Other programs that didn’t have any success this year were the Home Improvement Loan and Grant Program. However, during the 2020/21 fiscal year, the City did process one substantial amendment to the FY 2019/20 Annual Action Plan to incorporate additional funding for activities to prevent, prepare for, and respond to the Novel Coronavirus (COVID-19). On March 27, 2020 the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act was signed into law, which made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds. Of this amount, HUD immediately allocated $2 billion on March 27, 2020, based on the fiscal year 2020 CDBG formula; this constituted the first round of CDBG -CV funds. The City of Baldwin Park received $564,798 in the first round. Next, $1 billion was required by the Act to be allocated to States and insular areas which constituted the second round of CDBG-CV funds. Baldwin Park was not eligible to receive funds in this round. Finally, the remaining $2 billion in CDBG-CV funds was required by the Act to be allocated to states and local governments at the discretion of the Secretary on a rolling basis; HUD accomplished this on September 11, 2020, and this constituted the third round of CDBG-CV funds. Baldwin Park was notified on this date that it would receive $595,251 in CDBG-CV funds to aid in the city’s efforts to prepare, prevent, and respond to the Novel Coronavirus (COVID-19) pandemic. Therefore, the City of Baldwin Park received a total of $1,160,049 in CARES Act funding to prevent, prepare, and respond the COVID-19. On April 15, 2020, the City Council approved a First Substantial Amendment to the FY 2019/20 Annual Action plan to program the first round of $564,798 in CDBG-CV funding to quickly respond to the economic and housing impacts of COVID-19. Listed below are the activities, funding allocations, and accomplishments made during FY 2020/21: • CV-Baldwin Park COVID-19 Community Testing, allocated $290,800, provided free COVID- 19 testing to 1,600 persons in FY 2020/21. CAPER 30 OMB Control No: 2506-0117 (exp. 09/30/2021) • CV-City of Baldwin Park Food Vouchers, allocated $80,000, provided food vouchers to 176 persons in FY 2020/21. • CV-Church of the Redeemer - Food Baskets, allocated $65,918, assisted 9,878 persons in FY 2020/21. • CV-St. John's Church Food Program, allocated $5,000, provided 125 persons with free food. • CV-Senior Meal Delivery Program, allocated $66,600, provided 1,214 seniors with free meals delivered to their homes. • CDBG-CV Program Administration, allocated $56,480 On April 21, 2021, the City Council approved a Second Substantial Amendment approving the City of Baldwin Park’s receipt of $595,251 in CDBG-CV3 funds and allocating the monies to aid in the city’s continued efforts to prepare, prevent, and respond to the COVID-19 Pandemic. The following activities will be implemented in FY 2021/22: • Baldwin Park Senior Meals Delivery Program ($66,000). The program provides five nutritional well-balanced meals per participant per week and includes fruits and vegetables. Seniors are a high-risk population that has been greatly affected by the COVID-19 crisis. In addition, staff will conduct well-being calls on a weekly basis. Approximately 250 persons will be assisted. • Legal Services ($50,000). Legal services to assist Baldwin Park residents with issues regarding evictions and rent control brought on by COVID-19. It is anticipated that 25 persons/households will receive services in FY 2021/22. • Restaurant Vouchers Program ($40,000). The Program will provide $100 gift certificates from local “mom and pop” restaurants with a demonstrative negative impact from COVID-19 to low- and moderate-income residents. It aims to assist both the beneficiary of the $100 gift certificate and the local restaurants that the gift certifi cates are being purchased from. 400 LMI persons are eligible to receive a gift certificate. • Baldwin Park Emergency Rental Assistance Program ($135,000). The Program will provide up to 3-months of emergency rental assistance to households experiencing a sudden loss of income because of COVID-19. The program is targeted to very-low-income households that are currently housed but are experiencing financial hardship due to the Pandemic. Emergency rental assistance is capped at $7,500 per households over a three -month period. Beneficiaries must be low-income to be eligible. Eighteen (18) households are estimated to be assisted. CAPER 31 OMB Control No: 2506-0117 (exp. 09/30/2021) • Baldwin Park Micro Business Assistance Program ($128,122). This program offers 25 $5,000 grants to local small businesses that have been impacted by COVID-19. Businesses wishing to receive a grant must have five or fewer employees (including the owner). Eligible expenditures include rent, utilities, equipment and/or supplies for operations or payroll. The owner must be of low to moderate income to qualify. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? Not applicable. [BEDI grantees] Describe accomplishments and program outcomes during the last year.. Not applicable. CAPER 32 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Baldwin Park monitors HOME-assisted affordable rental housing to determine compliance with housing codes and other applicable regulations. Maintaining HOME-assisted affordable housing is a high priority. In FY 2019/20, 25 HOME-assisted projects were inspected and where any deficiencies existed, the property owner and property management were notified to make repairs and City staff followed up to ensure completion. • TELACU Senior Court, 14442 Pacific Avenue – 8 units – passed • Los Angeles Street Project, 16351 Los Angeles Street – 5 units – passed • Metro Village Apartments, 14428 E. Ramona Blvd– 11 units –unable to inspect • ROP Bresee Property, 4500 Bresee Ave – 1 single family unit - passed No inspections were conducted in FY 2020/21 due to the COVID-19 pandemic. Onsite inspections will be scheduled when it is safer to do so. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) The aforementioned HOME-assisted properties maintain an Affirmative Fair Housing Marketing Plan. During annual monitoring, the annual Affirmative Fair Housing Marketing Report and waitlist are reviewed to ensure compliance with HUD requirements to affirmatively further fair housing choice. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics During the 2020/21 fiscal year, the City of Baldwin Park receipted a total of $112,817 in program income generated from homeowner rehabilitation loan repayments. No program income drawdowns were conducted, and funds remain available for programming to eligible HOME activities. Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES CAPER 33 OMB Control No: 2506-0117 (exp. 09/30/2021) ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) In FY 2021/22, the City of Baldwin Park certified the San Gabriel Valley Habitat for Humanity as a local Community Housing Development Organization (CHDO) in order begin working with them on a future affordable housing project. The City provided a loan of $1.4 million (non-HOME funds) to Habitat for the acquisition of the Torch Property located at 12769-12779 Torch Street, Baldwin Park and is currently working with Habitat to design a medium-density affordable housing project. ITEM NO. _______10__________ STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance Sam Gutierrez, Director of Public Works DATE: September 1, 2021 SUBJECT: 5-Year Capital Improvement Project (CIP) Proposed Budget for Fiscal Year 2021-22 to 2025-26 SUMMARY This report seeks City Council approval of the proposed City of Baldwin Park Capital Improvement Projects (CIP) from July 1, 2021 to June 30, 2026. The total proposed 5-year CIP budget is $44,443,381. At this time, staff is requesting to approve the funding for FY 2021-22 in the amount of $26,814,709 for community improvements and infrastructure (please refer to attachments for detailed lists of the proposed CIP and adjustments to the Fiscal Year 2020-21 operation budget). RECOMMENDATION Staff recommends that the City Council: 1. Approve of the 5-year proposed City of Baldwin Park Capital Improvement Projects (CIP) from July 1, 2021 to June 30, 2026; and 2. Approve the funding for Fiscal Year 2021-22 in the amount of $26,814,709 for community improvements and infrastructure. FISCAL IMPACT The General Fund appropriation for FY 2021-22 will not be impacted. Special Revenue and other funds will increase by $15,120,863. All other planned CIP from fiscal year 2022-23 to 2025-26 are presented for planning purposes only and shall be funded from expected revenues in future fiscal years. BACKGROUND/DISCUSSION The City’s Capital Improvement Projects (CIP) is an important tool for the City to guide, plan, budget, and prioritize funds for infrastructure improvements. Infrastructure is defined as the City’s roadways, sewer systems, storm drain systems, parks, buildings, and other City facilities. Each year, Staff evaluates the City’s infrastructure needs and prepares a listing of projects that are projected a 5-year period as necessary to maintain and improve the City’s delivery of quality services to its residents and the community. During the preparation of the City’s annual operating budget for the FY 2021-22, new proposed capital improvement projects were deferred. As a best practice, the City’s department heads discussed the City’s capital improvement plans for the next 5 years bearing in mind the available fund balances of each fund after the approval of the City-wide operating budget. ALTERNATIVES The City Council can provide staff an alternative direction to fund or not fund specific projects. LEGAL REVIEW None required ATTACHMENTS 1. 5-Year CIP Project Summary 2. 5-Year CIP Funding Schedule by Fund 3. 5-Year CIP Funding Schedule by Department 4. Projected Fund Balance for Fiscal Years 2020-2021 and 2021-22 5. Additional Revenue Adjustments for Fiscal Years 2020-2021 and 2021-22 6. Additional Expenditure (Operation) Adjustments for Fiscal Year 2020-2021 Fund Fund Description 2022‐23 2023‐24 2024‐25 2025‐26 Total 200 Future Development (234,749)$ 234,749$ ‐$ 234,749$ ‐$ ‐$ ‐$ ‐$ 234,749$ 205 Federal Asset Forfeiture (102,825) ‐ ‐ ‐$ ‐$ ‐ ‐ ‐ ‐ 206 State Asset Forfeiture (50,000) ‐ ‐ ‐$ ‐$ ‐ ‐ ‐ ‐ 208 Law Enforcement Development Impact (98,749) 100,000 ‐ 100,000$ ‐$ ‐ ‐ ‐ 100,000 209 AB74 Public Safety Enhancements (150,151) ‐ ‐ ‐$ ‐$ ‐ ‐ ‐ ‐ 220 CDBG ‐ ‐ 160,000 160,000$ ‐$ ‐ ‐ ‐ 160,000 231 Air Quality (114,097) ‐ ‐ ‐$ ‐$ ‐ ‐ ‐ ‐ 234 Park Fees (Quimby Fees) (1,814,873) 1,427,000 554,000 1,981,000$ ‐$ ‐ ‐ ‐ 1,981,000 235 General Plan Fees (18,984) ‐ ‐ ‐$ ‐$ ‐ ‐ ‐ ‐ 236 Public Art Fees (373,370) 373,370 200,000 573,370$ ‐$ ‐ ‐ ‐ 573,370 240 Gas Tax (2,839) ‐ 53,000 53,000$ ‐$ ‐ ‐ ‐ 53,000 243 Bicycle and Pedestrian (TDA) (46,847) 46,847 ‐ 46,847$ ‐$ ‐ ‐ ‐ 46,847 244 Proposition A (31,272) 17,548 ‐ 17,548$ ‐$ ‐ ‐ ‐ 17,548 245 Proposition C (1,090,035) 913,144 200,000 1,113,144$ 700,000$ ‐ ‐ ‐ 1,813,144 246 AB939 Integrated Waste Management (10,000) ‐ 39,500 39,500$ ‐$ ‐ ‐ ‐ 39,500 249 Storm Drain NPDS ‐ ‐ ‐ ‐$ 150,000$ ‐ ‐ ‐ 150,000 251 Street Lighting and Landscape (519,639) 518,992 274,700 793,692$ 400,000$ 270,000 ‐ ‐ 1,463,692 254 Measure R (432,385) 432,385 200,000 632,385$ 350,000$ ‐ ‐ ‐ 982,385 255 Measure M (2,516,790) 2,516,790 64,500 2,581,290$ 800,000$ ‐ ‐ ‐ 3,381,290 256 SB1 Road Repair & Accountability (857,650) 660,452 1,575,000 2,235,452$ ‐$ ‐ ‐ ‐ 2,235,452 257 Traffic Mitigation Fees ‐ ‐ ‐ ‐$ 122,982$ ‐ ‐ ‐ 122,982 258 Measure W (814,429) ‐ 1,025,000 1,025,000$ 50,000$ ‐ ‐ ‐ 1,075,000 270 Grants Fund (5,170,930) 3,999,543 6,617,790 10,617,333$ 2,550,000$ ‐ ‐ ‐ 13,167,333 271 Police Grants Fund (53,200) ‐ ‐ ‐$ ‐$ ‐ ‐ ‐ ‐ 275 American Rescue Plan Act (453,027) 453,027 2,657,373 3,110,400$ ‐$ ‐ ‐ ‐ 3,110,400 278 Measure W Grant ‐ ‐ 1,500,000 1,500,000$ 7,400,000$ 4,835,690 ‐ ‐ 13,735,690 402 Fleet Services ‐ ‐ ‐ ‐$ ‐$ ‐ ‐ ‐ ‐ AAA Funding to be Determined ‐ ‐ ‐ ‐$ ‐$ ‐ ‐ ‐ ‐ Total (14,956,841)$ 11,693,846$ 15,120,863$ 26,814,709$ 12,522,982$ 5,105,690$ ‐$ ‐$ 44,443,381$ *The total CIP appropriations requested for FY 2021‐22 includes both funding of carryover balances for on‐going or postponed projects from the previous fiscal year, as well as funding for new projects. Carryover Projects / Balances from FY 2020‐21 Adopted City of Baldwin Park Five‐Year Capital Improvement Project Summary Fiscal Year 2020‐21 CIP to Fiscal Year 2025‐26 Proposed Adjustments to FY 2020‐21 CIP Balances Additional / New Request FY 2021‐22 Total CIP Requested for FY 2021‐22* ATTACHMENT 1 Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIP200 - Future DevelopmentPublic Works:CIP20-115 Citywide Energy Efficiency Improvements 200 Future Development 200-50-520-58100-15755 421,290 186,541 (234,749) 186,541 CIP20-115 234,749 - 234,749 Public Works Totals421,290 186,541 (234,749) 186,541 234,749 - 234,749 - - - - 200 - Future Development Totals421,290 186,541 (234,749) 186,541 234,749 - 234,749 - - - - 205 - Federal Asset ForfeiturePolice:CIP20-170 Replace 25 Mobile Data Computers (MDC) 205 Federal Asset Forfeiture 205-30-340-58110-13021 72,939 66,297 (6,642) 66,297 CIP20-170 - - - CIP21-189Lease five (5) Police vehicles including after-market retrofits205 Federal Asset Forfeiture 205-30-340-58140-13029 75,000 66,168 (8,832) 66,168 CompleteCIP21-200 Spillman RIPA & NIBRS Compliant Software 205 Federal Asset Forfeiture 205-30-340-58110-53000 42,351 - (42,351) - CIP21-200 - - - Police Totals190,290 132,466 (57,825) 132,466 - - - - - - - Recreation & Community Services:CIP20-123Police Department Upgrade Security Cameras with New System (FY2019-20) and Replace Ceiling Tiles with T-Bar and Lighting Fixtures (FY2020-21)205 Federal Asset Forfeiture 205-60-620-58100-16219 45,000 - (45,000) - Absorbed by another CIPRecreation & Community Services Totals45,000 - (45,000) - - - - - - - - 205 - Federal Asset Forfeiture Totals235,290 132,466 (102,825) 132,466 - - - - - - - 206 - State Asset ForfeitureRecreation & Community Services:CIP20-153City Hall Police Dept. Security Access Card Readers & Panel to Support 2 Card Readers (New evidence entry gate & rear door access to PD floor)206 State Asset Forfeiture 206-60-620-58100-16189 25,000 - (25,000) - Absorbed by another CIPCIP20-154City Hall Police Dept. Ugrade Security Cameras (Jail and South Sally Port)206 State Asset Forfeiture 206-60-620-58100-16190 25,000 - (25,000) - Absorbed by another CIPRecreation & Community Services Totals50,000 - (50,000) - - - - - - - - 206 - State Asset Forfeiture Totals50,000 - (50,000) - - - - - - - - 208 - Law Enforcement Development Impact Police:CIP21-186 Body and Vehicle Cameras 208 Law Enforcement Development Impact 208-30-340-58100-13026 100,000 - (100,000) - CIP21-186 100,000 - 100,000 CIP21-187 Replace UPS Battery Backup Unit 208 Law Enforcement Development Impact 208-30-320-58110-1302721,000 22,251 1,251 22,251 CompletePolice Totals121,000 22,251 (98,749) 22,251 100,000 - 100,000 - - - - 208 - Law Enforcement Development Impact Totals121,000 22,251 (98,749) 22,251 100,000 - 100,000 - - - - City of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding ScheduleATTACHMENT 2 Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding Schedule209 - AB74 Public Safety EnhancementPolice:CIP20-170 Replace 25 Mobile Data Computers (MDC) 209 AB74 Public Safety Enhancements 209-30-340-58110-13021 81,951 - (81,951) - CIP20-170 - - - CIP20-184 Spillman GIS Module Purchase 209 AB74 Public Safety Enhancements 209-30-310-58105-13025 67,800 - (67,800) - CompleteCIP21-188Internal Affairs - Use of force tracking and early warning detection software system209 AB74 Public Safety Enhancements 209-30-310-58100-13028 21,000 20,600 (400) 20,600 CompletePolice Totals170,751 20,600 (150,151) 20,600 - - - - - - - 209 - AB74 Public Safety Enhancement Totals170,751 20,600 (150,151) 20,600 - - - - - - - 220 - CDBGPublic Works:NEWCitywide Sidewalk and Curb & Gutter Concrete Improvements 220 CDBG 220-50-520-58100-NEW CIP22-015160,000 160,000 Public Works Totals- - - - - 160,000 160,000 - - - - 220 - CDBG Totals- - - - - 160,000 160,000 - - - - 231 - Air Quality ManagementPublic Works:CIP20-21 Upgrades to City Yard Slow Fill CNG Stations 231 Air Quality Improvement 231-50-520-58100-15092 114,097 - (114,097) - CancelledPublic Works Totals114,097 - (114,097) - - - - - - - - 231 - Air Quality Management Totals114,097 - (114,097) - - - - - - - - 234 - Park Fees (Quimby Act)Public Works:CIP20-131Median Landscaping Remove Turf and add Drought Resistant Plants and Trees - Phase II234 Park Fees (Quimby Act) 234-50-520-58100-15095 - - - - CIP20-131 - 20,000 20,000 CIP20-163 Morgan Park Parking Lot Improvements 234 Park Fees (Quimby Act) 234-50-520-58100-15086 345,610 345,610 - 345,610 CompleteCIP21-198 Barnes Park Regional Project 234 Park Fees (Quimby Fees) 234-50-520-58100-55001 - - - CIP21-198 - 50,000 50,000 NEW Big Dalton Pocket Park at Francisquito Ave 234 Park Fees (Quimby Fees) 234-50-520-58100-NEW CIP22-016 - 150,000 150,000 NEW Trash Enclosure at Morgan Park 234 Park Fees (Quimby Fees) 234-50-520-58100-NEW CIP22-020 - 24,000 24,000 NEW Roadside Park Improvements Near I-10 FWY 234 Park Fees (Quimby Fees) 234-50-520-58100-NEW CIP22-026 - 100,000 100,000 Public Works Totals345,610 345,610 - 345,610 - 344,000 344,000 - - - - Recreation & Community Services:CIP20-68 Replace Entrance Patio Roof Fam Serv Center 234 Park Fees (Quimby Fees) 234-60-620-58100-16202 95,000 - (95,000) - CIP20-68 95,000 - 95,000 CIP20-82Replace Roof at Community Center 4 ply hot mop application (w/complete removal)234 Park Fees (Quimby Fees) 234-60-620-58100-16209 820,000 - (820,000) - CIP20-82 820,000 - 820,000 CIP20-86 Termite & Building Repairs Community Center 234 Park Fees (Quimby Fees) 234-60-620-58100-16210 50,000 - (50,000) - CIP20-86 50,000 15,000 65,000 CIP20-87 Termite & Building Repairs Senior Center 234 Park Fees (Quimby Fees) 234-60-620-58100-16211 22,000 - (22,000) - CIP20-87 22,000 10,000 32,000 CIP20-88 Upgrade Teen Center Marquee w/LED 234 Park Fees (Quimby Fees) 234-60-620-58100-16212 3,814 3,814 - 3,814 CompleteCIP20-125Hydration Stations at Morgan Park, Community Center, Teen Center and Barnes Park234 Park Fees (Quimby Fees) 234-60-620-58100-16221 27,000 - (27,000) - Absorbed by another CIPATTACHMENT 2 (CONTINUED) Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding ScheduleCIP20-151 Barnes Park Basketball Courts Resurfacing 234 Park Fees (Quimby Act) 234-60-620-58100-16188 25,000 - (25,000) - Absorbed by another CIPCIP20-157 Community Center Meeting Rooms Expansion 234 Park Fees (Quimby Act) 234-60-620-58100-16192 290,000 - (290,000) - Absorbed by another CIPCIP20-161 Front Doors ADA Access at Community Center 234 Park Fees (Quimby Act) 234-60-620-58100-16193 25,000 - (25,000) - Absorbed by another CIPCIP20-168 Repair and Paint Beams at Comm Ctr Gym 234 Park Fees (Quimby Act) 234-60-620-58100-16195 35,000 - (35,000) - CIP20-168 35,000 - 35,000 CIP20-172Replace Community Center Weight Room Precut Rubber Tile Flooring 1/2" Commercial Grade234 Park Fees (Quimby Act) 234-60-620-58100-16198 60,000 - (60,000) - CIP20-172 60,000 - 60,000 CIP21-192 Replace Flooring Lobby / Locker Rm Aquatic Ctr 234 Park Fees (Quimby Act) 234-60-620-58100-16226 65,000 - (65,000) - CIP21-192 65,000 - 65,000 CIP21-193Replace Gym Sound Panels, Wall Carpet, Safety Pads and Paint234 Park Fees (Quimby Act) 234-60-620-58100-16227 225,000 - (225,000) - CIP21-193 225,000 - 225,000 CIP21-194 Replace Games Room Area Sound Panels 234 Park Fees (Quimby Act) 234-60-620-58100-16228 55,000 - (55,000) - CIP21-194 55,000 - 55,000 CIP21-195Maintenance Urethane Top Coat at Morgan Park Rubberized Playground 234 Park Fees (Quimby Act) 234-60-620-58100-16229 35,000 14,127 (20,873) 14,127 CompleteNEW Replace Flooring / Carpet at Teen Center 234 Park Fees (Quimby Act) 234-60-620-58100-NEW CIP22-029 - 85,000 85,000 NEW Replace Senior Center Patio Fountain 234 Park Fees (Quimby Act) 234-60-620-58100-NEW CIP22-030 - 100,000 100,000 Recreation & Community Services Totals1,832,814 17,941 (1,814,873) 17,941 1,427,000 210,000 1,637,000 - - - - 234 - Park Fees (Quimby Act) Totals2,178,425 363,552 (1,814,873) 363,552 1,427,000 554,000 1,981,000 - - - - 235 - General Plan FeesCommunity Development:CIP20-7 Permitting Software System (Planning / Building) 235 General Plan Fees 235-40-440-58105-00000 91,421 72,437 (18,984) 72,437 CompleteCommunity Development Totals91,421 72,437 (18,984) 72,437 - - - - - - - 235 - General Plan Fees Totals91,421 72,437 (18,984) 72,437 - - - - - - - 236 - Public Art FeesPublic Works:CIP20-89Install Digital Marquees (Locations & Design to be Determined)236 Public Art Fees 236-50-520-58110-15725 503,018 129,648 (373,370) 129,648 CIP20-89 373,370 200,000 573,370 Public Works Totals503,018 129,648 (373,370) 129,648 373,370 200,000 573,370 - - - - 236 - Public Art Fees Totals503,018 129,648 (373,370) 129,648 373,370 200,000 573,370 - - - - 240 - Gas TaxPublic Works:CIP20-10Complete Radio System Replacement - Police and Public Works (Includes additional funding approved by Council 11-15-17)240 Gas Tax 240-50-520-58110-13020 187,958 187,958 - 187,958 CompleteCIP20-12 1 Dump Truck (Replacement / Lease) 240 Gas Tax 240-50-520-58140-15726 15,000 12,161 (2,839) 12,161 CIP20-101 Graffiti Tracking System 240 Gas Tax 240-50-520-58100-15733 15,000 15,000 - 15,000 CompleteNEWCabota Front Bucket/Sweeper Bobcat Attachment (Replacement)240 Gas Tax 240-50-520-58110-NEW CIP22-013 - 11,500 11,500 NEW 1 Dump Truck (Replacement / Lease) 240 Gas Tax 240-50-520-58140-15726 CIP22-018 - 41,500 41,500 Public Works Totals217,958 215,119 (2,839) 215,119 - 53,000 53,000 - - - - Lease of 1 Dump Truck completed - lease payments moved to operating budget. A 2nd replacement DumpTruck will be leased under a new CIP #22-018ATTACHMENT 2 (CONTINUED) Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding Schedule240 - Gas Tax Totals217,958 215,119 (2,839) 215,119 - 53,000 53,000 - - - - 243 - Bicycle and Pedestrian SafetyPublic Works:CIP20-41San Gabriel River Bikeway Trail - Pathway along Walnut Creek Wash243 Bicycle and Pedestrian Safety (TDA) 243-50-520-58100-15538 50,000 3,153 (46,847) 3,153 CIP20-41 46,847 - 46,847 Public Works Totals50,000 3,153 (46,847) 3,153 46,847 - 46,847 - - - - 243 - Bicycle and Pedestrian Safety Totals50,000 3,153 (46,847) 3,153 46,847 - 46,847 - - - - 244 - Proposition APublic Works:CIP20-20 CNG Station 244 Proposition A 244-50-520-58100-15507 11,320 2,548 (8,772) 2,548 CIP20-20 2,548 - 2,548 CIP20-165 Pavement Management Updates 244 Proposition A 244-50-520-58100-15088 7,500 - (7,500) - CompletePublic Works Totals18,820 2,548 (16,272) 2,548 2,548 - 2,548 - - - - Recreation & Community Services:CIP20-169 Replace / Refurbish Signs at Transit Center 244 Proposition A 244-60-620-58100-16196 15,000 - (15,000) - CIP20-169 15,000 - 15,000 Recreation & Community Services Totals15,000 - (15,000) - 15,000 - 15,000 - - - - 244 - Proposition A Totals33,820 2,548 (31,272) 2,548 17,548 - 17,548 - - - - 245 - Proposition CPublic Works:CIP20-20 CNG Station 245 Proposition C 245-50-520-58110-15507 56,068 56,068 - 56,068 CIP20-20 - - - - CIP20-21 Upgrades to City Yard Slow Fill CNG Stations 245 Proposition c 245-50-520-58100-15092 20,000 - (20,000) - CancelledCIP20-24 Downtown Improvements 245 Proposition C 245-50-520-58100-14120 275,000 123,860 (151,140) 123,860 CIP20-24 151,140 - 151,140 CIP20-31Maine / Pacific - Traffic Signal and Rail Crossing Safety Improvements at Pacific Ave and Bogart St245 Proposition C 245-50-520-58100-15716 7,853 3,992 (3,862) 3,992 CIP20-31 - - - CIP20-37 FY19-20 Paving / Residential and Major Street Rehab 245 Proposition C 245-50-520-58100-15625 90,000 40,542 (49,458) 40,542 CIP20-37 49,458 200,000 249,458 CIP20-41San Gabriel River Bikeway Trail - Pathway along Walnut Creek Wash245 Proposition C 245-50-520-58100-15538 482,047 3,090 (478,957) 3,090 CIP20-41 478,957 - 478,957 CIP20-97Complete Streets Construction - Maine Ave Phase II (Between Los Angeles St & South City Limit)245 Proposition C 245-50-520-58100-15701 239,348 93,318 (146,030) 93,318 CompletedCIP20-129 San Gabriel River Bikeway Phase II - Greening 245 Proposition C 245-50-520-58100-15093 89,040 27,020 (62,020) 27,020 CIP20-129 62,020 - 62,020 CIP20-155 Citywide Traffic Speed Study 245 Proposition C 245-50-520-58100-15084 20,000 14,357 (5,643) 14,357 CIP20-155 5,643 - 5,643 CIP20-160 First Mile / Last Mile 245 Proposition C 245-50-520-58100-15094 165,925 - (165,925) - CIP20-160 165,925 - 165,925 CIP20-165 Pavement Management Updates 245 Proposition C 245-50-520-58100-15088 17,790 10,790 (7,000) 10,790 CompleteFUTURE Los Angeles Rehabilitation Project 245 Proposition C 245-50-520-58110-TBD FUTURE 500,000 FUTUREResidential and Major Street Rehab at Various Locations245 Proposition C 245-50-520-58100-TBD FUTURE 100,000 FUTURE Traffic Signal at Olive & Phelan 245 Proposition C 245-50-520-58100-15562 FUTURE 100,000 ATTACHMENT 2 (CONTINUED) Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding SchedulePublic Works Totals1,463,071 373,036 (1,090,035) 373,036 913,144 200,000 1,113,144 700,000 - - - 245 - Proposition C Totals1,463,071 373,036 (1,090,035) 373,036 913,144 200,000 1,113,144 700,000 - - - 246 - AB939 Integrated Waste ManagementPublic Works:CIP20-97Complete Streets Construction - Maine Ave Phase II (Between Los Angeles St & South City Limit)246 AB939 Int Waste Management 246-50-520-58100-15701 10,000 - (10,000) - CompletedNEW3 New Vehicle Leases (1-Community Enhancement, 2-City Yard Replacement, and 3-CEO Small SUV)246 AB939 Int Waste Management 246-50-520-58140-15727 CIP22-019 - 39,500 39,500 Public Works Totals10,000 - (10,000) - - 39,500 39,500 - - - - 246 - AB939 Integrated Waste Management Totals10,000 - (10,000) - - 39,500 39,500 - - - - 249 - Storm Drain NPDSPublic Works:FUTURE Storm Drain Master Plan 249 Storm Drains NPDS 249-50-520-58100-15702 FUTURE 150,000 Public Works Totals- - - - - - - 150,000 - - - 249 - Storm Drain NPDS Totals- - - - - - - 150,000 - - - 251 - Street Lighting and LandscapePublic Works:CIP20-24 Downtown Improvements 251 Street Lighting and Landscape 251-50-520-58100-14120 255,817 100,000 (155,817) 100,000 CIP20-24 155,817 - 155,817 CIP20-37 FY19-20 Paving / Residential and Major Street Rehab 251 Street Light & Landscape 251-50-520-58100-15082 - - - - CIP20-37 - 100,000 100,000 CIP20-97Complete Streets Construction - Maine Ave Phase II (Between Los Angeles St & South City Limit)251 Street Light & Landscape 251-50-520-58100-15701 106,700 106,053 (647) 106,053 CompletedCIP20-131Median Landscaping Remove Turf and add Drought Resistant Plants and Trees - Phase II251 Street Lighting and Landscape 251-50-520-58100-15095 148,960 118,501 (30,459) 118,501 CIP20-131 30,459 - 30,459 CIP20-163 Morgan Park Parking Lot Improvements 251 Street Lighting and Landscape 251-50-520-58100-15086 125,000 125,000 - 125,000 CompleteCIP21-191 Traffic Signal at Olive and Maine Avenue 251 Street Lighting and Landscape 251-50-520-58100-15564 50,000 - (50,000) - CIP21-191 50,000 - 50,000 CIP21-197 Citywide Traffic Signal Battery Back-up Systems (BBS) 251 Street Lighting and Landscape 251-50-520-58100-55000 260,000 - (260,000) - CIP21-197 260,000 - 260,000 CIP21-199 Traffic Signal Modification Merced / Vineland 251 Street Lighting and Landscape 251-50-520-58100-55002 23,746 1,031 (22,716) 1,031 CIP21-199 22,716 - 22,716 NEW Trash Enclosure at Morgan Park 251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-020 - 6,000 6,000 NEW Plant and tree replacement for center medians 251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-021 - 40,000 40,000 NEW Pigeon Barrier Puente Freeway Underpass 251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-022 - 12,000 12,000 NEW Calsense Ugrade from 3G to 4G 251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-023 - 16,700 16,700 NEWPaint and upgrade Fencing to all bridge crossings along the wash251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-024 - 40,000 40,000 ATTACHMENT 2 (CONTINUED) Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding ScheduleNEW Outstanding repairs to Traffic Signal systems 251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-025 - 60,000 60,000 FUTURE Backhoe (Replacement) 251 Street Lighting and Landscape 251-50-520-58110-TBD FUTURE 70,000 70,000 FUTURE Los Angeles Traffic Signal Syncrization project 251 Street Lighting and Landscape 251-50-520-58100-TBD FUTURE 130,000 FUTUREMedian Landscaping Improvements at Various Locations251 Street Lighting and Landscape 251-50-520-58100-TBD FUTURE 200,000 200,000 Public Works Totals970,223 450,584 (519,639) 450,584 518,992 274,700 793,692 400,000 270,000 - - 251 - Street Lighting and Landscape Totals970,223 450,584 (519,639) 450,584 518,992 274,700 793,692 400,000 270,000 - - 254 - Measure R Local ReturnPublic Works:CIP20-24 Downtown Improvements 254 Measure R Local Return 254-50-520-58100-14120 661,365 447,480 (213,885) 447,480 CIP20-24 213,885 - 213,885 CIP20-89Install Digital Marquees (Locations & Design to be Determined)254 Measure R Local Return 254-50-520-58110-15725 114,860 21,360 (93,500) 21,360 CIP20-89 93,500 - 93,500 CIP21-191 Traffic Signal at Olive and Maine Avenue 254 Meaure R 254-50-520-58100-15564 125,000 - (125,000) - CIP21-191 125,000 - 125,000 NEWCitywide Sidewalk and Curb & Gutter Concrete Improvements 254 Measure R Local Return 254-50-520-58100-NEW CIP22-015 - 50,000 50,000 NEW CNG Street Sweeper (Purchase) 254 Measure R Local Return 254-50-520-58110-15734 CIP22-017 - 150,000 150,000 FUTUREResidential and Major Street Rehab at Various Locations254 Measure R Local Return 254-50-520-58100-TBD FUTURE 100,000 FUTURE Tower (Boom) Truck (Replacement / Lease) 254 Measure R 254-50-520-58110-TBD FUTURE 250,000 Public Works Totals901,225 468,841 (432,385) 468,840 432,385 200,000 632,385 350,000 - - - 254 - Measure R Local Return Totals901,225 468,841 (432,385) 468,840 432,385 200,000 632,385 350,000 - - - 255 - Measure MPublic Works:CIP20-35Metrolink Quiet Zones - Design and Construction matching funds255 Measure M Bond Proceeds 255-50-520-58100-15550 1,895,000 - (1,895,000) - CIP20-35 1,895,000 (115,500) 1,779,500 CIP20-37 FY19-20 Paving / Residential and Major Street Rehab 255 Measure M 255-50-520-58100-15082 - - - - CIP20-37 - 80,000 80,000 CIP20-160 First Mile / Last Mile 255 Measure M 255-50-520-58100-15094 166,000 99,210 (66,790) 99,210 CIP20-160 66,790 - 66,790 CIP21-190Drainage Improvements at Foster Avenue Pedestrian Rail Crossing255 Measure M Bond Proceeds 255-50-520-58100-15105 600,000 45,000 (555,000) 45,000 CIP21-190 555,000 - 555,000 NEW Francisquito Railroad Crossing Safety Upgrades 255 Measure M Bond Proceeds 255-50-520-58100-NEW CIP22-027 - 100,000 100,000 FUTURE Los Angeles Rehabilitation Project 255 Measure M 255-50-520-58110-TBD FUTURE 500,000 FUTUREResidential and Major Street Rehab at Various Locations255 Measure M 255-50-520-58100-TBD FUTURE 100,000 FUTURE Traffic Signal at Olive & Phelan 255 Measure M 255-50-520-58100-15562 FUTURE 200,000 Public Works Totals2,661,000 144,210 (2,516,790) 144,210 2,516,790 64,500 2,581,290 800,000 - - - 255 - Measure M Totals2,661,000 144,210 (2,516,790) 144,210 2,516,790 64,500 2,581,290 800,000 - - - 256 - SB1 Road Repair & AccountabilityATTACHMENT 2 (CONTINUED) Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding SchedulePublic Works:CIP20-22Complete Streets Construction - Maine Ave Phase IB (Between Los Angeles St & Arrow Hwy)256 SB1 Road Repair & Accountability 256-50-520-58100-15698 20,500 12,427 (8,074) 12,427 CompleteCIP20-24 Downtown Improvements 256 SB1 Road Repair & Accountability 256-50-520-58100-14120 550,000 550,000 - 550,000 CIP20-24 - 300,000 300,000 CIP20-37 FY19-20 Paving / Residential and Major Street Rehab 256 SB1 Road Repair & Accountability 256-50-520-58100-15082 - - - - CIP20-37 - 1,275,000 1,275,000 CIP20-97Complete Streets Construction - Maine Ave Phase II (Between Los Angeles St & South City Limit)256 SB1 Road Repair & Accountability 256-50-520-58100-15701 381,422 368,132 (13,290) 368,132 CompletedCIP20-128 City Entrance Signs 256 SB1 Road Repair & Accountability 256-50-520-58100-15076 318,720 4,368 (310,452) 8,268 CIP20-128 310,452 - 310,452 CIP21-190Drainage Improvements at Foster Avenue Pedestrian Rail Crossing256 SB1 Road Repair & Accountability 256-50-520-58100-15105 200,000 24,166 (175,835) 24,166 CIP21-190- - CIP21-191 Traffic Signal at Olive and Maine Avenue 256 SB1 Road Repair & Accountability 256-50-520-58100-15564 350,000 - (350,000) - CIP21-191 350,000 - 350,000 Public Works Totals1,820,642 959,092 (857,650) 962,992 660,452 1,575,000 2,235,452 - - - - 256 - SB1 Road Repair & Accountability Totals1,820,642 959,092 (857,650) 962,992 660,452 1,575,000 2,235,452 - - - - 257 - Traffic Mitigation FeesPublic Works:FUTURE Traffic Signal at Olive & Phelan 257 Traffic Mitigation Fees 257-50-520-58100-15562 FUTURE 122,982 Public Works Totals- - - - - - - 122,982 - - - 257 - Traffic Mitigation Fees Totals- - - - - - - 122,982 - - - 258 - Measure WPublic Works:CIP20-97Complete Streets Construction - Maine Ave Phase II (Between Los Angeles St & South City Limit)258 Measure W 258-50-520-58100-15701 500,000 497,376 (2,624) 497,376 CompletedCIP21-190Drainage Improvements at Foster Avenue Pedestrian Rail Crossing258 Measure W 258-50-520-58100-15105 - - - - CIP21-190 - 525,000 525,000 CIP21-198 Barnes Park Regional Project 258 Measure W 258-50-520-58100-55001 816,300 4,495 (811,805) 4,495 CIP21-198 - - - NEW CNG Street Sweeper (Purchase) 258 Measure W 258-50-520-58110-15734 CIP22-017 - 250,000 250,000 NEW Roadside Park Improvements Near I-10 FWY 258 Measure W 258-50-520-58100-NEW CIP22-026 - 250,000 250,000 FUTURECatchbasin screening and capture improvements at various locations258 Measure W 258-50-520-58100-TBD FUTURE 50,000 Public Works Totals1,316,300 501,871 (814,429) 501,871 - 1,025,000 1,025,000 50,000 - - - 258 - Measure W Totals1,316,300 501,871 (814,429) 501,871 - 1,025,000 1,025,000 50,000 - - - 270 - Grants FundPublic Works:CIP20-21 Upgrades to City Yard Slow Fill CNG Stations 270 Grants Fund (MSRC Grant) 270-50-520-58100-15092 73,561 - (73,561) - CancelledATTACHMENT 2 (CONTINUED) Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding ScheduleCIP20-31Maine / Pacific - Traffic Signal and Rail Crossing Safety Improvements at Pacific Ave and Bogart St270 Grants Fund (Highway Safety Imprvmt Prg) 270-50-520-58100-15716 279,992 30,000 (249,992) 30,000 CIP20-31 249,992 - 249,992 CIP20-31Maine / Pacific - Traffic Signal and Rail Crossing Safety Improvements at Pacific Ave and Bogart St270 Grants Fund (STPL) 270-50-520-58100-15716 - - - - CIP20-31 - 249,000 249,000 CIP20-35Metrolink Quiet Zones - Design and Construction matching funds270 Grants Fund (1st Mile Last Mile) 270-50-520-58100-15550 - - - - CIP20-35 - 300,000 300,000 CIP20-37 FY19-20 Paving / Residential and Major Street Rehab 270 Grants Fund (STPL) 270-50-520-58100-15082 750,000 - (750,000) - CIP20-37 - - - CIP20-41San Gabriel River Bikeway Trail - Pathway along Walnut Creek Wash270 Grants Fund (MTA) 270-50-520-58100-15538 383,745 - (383,745) - CIP20-41 383,745 - 383,745 CIP20-97Complete Streets Construction - Maine Ave Phase II (Between Los Angeles St & South City Limit)270 Grants Fund (ATP Cycle 3) 270-50-520-58100-15701 968,000 680,173 (287,827) 680,173 CompletedCIP20-129 San Gabriel River Bikeway Phase II - Greening 270 Grants Fund (ATP Cycle 3) 270-50-520-58100-15093 - - - - CIP20-129 - 573,000 573,000 CIP20-152 Bus Shelter Phase III 270 Grants Fund (Foothill Transit) 270-50-520-58100-15083 40,000 - (40,000) - CIP20-152 40,000 - 40,000 CIP20-160 First Mile / Last Mile 270 Grants Fund (Council of Governments) 270-50-520-58100-15094 1,278,726 190,131 (1,088,595) 190,131 CIP20-160 1,088,595 - 1,088,595 CIP20-182 Big Dalton Wash Greenway 270 Grants Fund (Prop 68) 270-50-520-58100-15104 2,452,998 215,787 (2,237,211) 215,787 CIP20-182 2,237,211 - 2,237,211 CIP21-199 Traffic Signal Modification Merced / Vineland 270 Grants Fund (HSIP) 270-50-520-58100-55002 - - - - CIP21-199 - 281,940 281,940 NEWTraffic Signal / Hawk-System installation at Garvey/Vineland/ I-10 FWY on/off Ramp270 Grants Fund (Surface Transportation) 270-50-520-58100-NEW CIP22-014 - 349,000 349,000 NEW Big Dalton Pocket Park at Francisquito Ave 270 Grants Fund (CRNA) 270-50-520-58100-NEW CIP22-016 - 342,850 342,850 NEW Roadside Park Improvements Near I-10 FWY 270 Grants Fund (TBD) 270-50-520-58100-NEW CIP22-026 - 2,222,000 2,222,000 NEW Francisquito Railroad Crossing Safety Upgrades 270 Grants Fund (Federal Infrastructure TBD) 270-50-520-58100-NEW CIP22-027 - 2,300,000 2,300,000 FUTURE Los Angeles Rehabilitation Project 270 Grants Fund (TBD) 270-50-520-58110-TBD FUTURE 1,800,000 FUTUREResidential and Major Street Rehab at Various Locations270 Grants Fund (CRNA) 270-50-520-58100-TBD FUTURE 750,000 Public Works Totals6,227,022 1,116,092 (5,110,930) 1,116,092 3,999,543 6,617,790 10,617,333 2,550,000 - - - Recreation & Community Services:CIP20-105Replace Public Announcement (P/A) System for City Council Chambers, City Hall Council Chamber Furniture, T-bar, Lighting and Dias and Reupholster Public Seating Area of Chambers270 Grants Fund (PEG Grant) 270-60-620-58110-16216 60,000 - (60,000) - Absorbed by another CIPRecreation & Community Services Totals60,000 - (60,000) - - - - - - - - 270 - Grants Fund Totals6,287,022 1,116,092 (5,170,930) 1,116,092 3,999,543 6,617,790 10,617,333 2,550,000 - - - 271 - Police Grants FundPolice:CIP20-10Complete Radio System Replacement - Police and Public Works (Includes additional funding approved by Council 11-15-17)271 Police Grants Fund (Traffic Safety) 271-30-350-58110-13020 126,210 126,210 - 126,210 CompleteATTACHMENT 2 (CONTINUED) Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding ScheduleCIP20-166Purchase four (4) Used BMW Police Motorcycles from City of El Monte271 Police Grants Fund (Traffic Safety) 271-30-350-58110-17233 53,200 - (53,200) - CompletePolice Totals179,410 126,210 (53,200) 126,210 - - - - - - - 271 - Police Grants Fund Totals179,410 126,210 (53,200) 126,210 - - - - - - - 275 - American Rescue Plan ActAdministration:NEW Microsoft 365 and Exchange Migration EA License 275 ARPA - American Rescue Plan Act 275-10-???-58105-NEW CIP22-001 - 100,000 100,000 NEW Citwide Phone system upgrade 275 ARPA - American Rescue Plan Act 275-10-???-58110-NEW CIP22-002 - 200,000 200,000 NEWReplace all physical servers older than five years and upgrade City servers for cyber security readiness275 ARPA - American Rescue Plan Act 275-10-???-58110-NEW CIP22-003 - 100,000 100,000 NEW Purchase computers and tablets 275 ARPA - American Rescue Plan Act 275-10-???-58110-NEW CIP22-004 - 200,000 200,000 NEW Upgrade Internet Bandwith 275 ARPA - American Rescue Plan Act 275-10-???-58100-NEW CIP22-005 - 100,000 100,000 NEW Website Upgrades 275 ARPA - American Rescue Plan Act 275-10-???-58100-NEW CIP22-006 - 250,000 250,000 NEW Cyber Security System and Software subscription 275 ARPA - American Rescue Plan Act 275-10-???-58105-NEW CIP22-007 - 100,000 100,000 Administration Totals- - - - - 1,050,000 1,050,000 - - - - Police:CIP20-170 Replace 25 Mobile Data Computers (MDC) 275 ARPA - American Rescue Plan Act 275-30-???-58110-13021 - - - - CIP20-170 - 160,000 160,000 CIP21-186 Body and Vehicle Cameras 275 ARPA - American Rescue Plan Act 275-30-???-58110-13026 453,027 - (453,027) - CIP21-186 453,027 6,973 460,000 CIP21-200 Spillman RIPA & NIBRS Compliant Software 275 ARPA - American Rescue Plan Act 275-30-???-58110-53000 - - - - CIP21-200 - 16,400 16,400 NEW Lease vehicles - Patrol, detective and admin 275 ARPA - American Rescue Plan Act 275-30-???-58140-NEW CIP22-008 - 500,000 500,000 NEW Upgrades to the Emergency Operations Center (EOC) 275 ARPA - American Rescue Plan Act 275-30-???-58110-NEW CIP22-009 - 100,000 100,000 NEW Replace PD Telephone and radio audio recorder 275 ARPA - American Rescue Plan Act 275-30-???-58110-NEW CIP22-010 - 6,000 6,000 NEW Replace obsolete tasers 275 ARPA - American Rescue Plan Act 275-30-???-58110-NEW CIP22-011 - 128,000 128,000 NEW Mobile Command upgrades 275 ARPA - American Rescue Plan Act 275-30-???-58110-NEW CIP22-012 - 120,000 120,000 Police Totals453,027 - (453,027) - 453,027 1,037,373 1,490,400 - - - - ATTACHMENT 2 (CONTINUED) Fund Description FY 2019-20Amended Adopted CIP FY 2019-20YTD Expenditures as of 6-22-20 FY 2019-20 Requested RevisionsFY 2019-20Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2019-20AdoptedFY 2020-21 Requested RevisionsFY 2020-21Proposed Project TotalsFY 2021-22Proposed CIPFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by FundFiscal Year 2020-21 CIP to Fiscal Year 2025-26 ProposedCIP # /Dept Project / Item DescriptionFunding SourcesGeneral LedgerExpenditure AccountFiscal Year 2019-2020 Fiscal Year 2020-2021 Future Funding SchedulePublic Works:NEWPublic Works Maintenance Yard Upgrades including records retention and archiving facility study275 ARPA - American Rescue Plan Act 275-50-???-58100-NEW CIP22-028 - 50,000 50,000 Public Works Totals- - - - - 50,000 50,000 - - - - Recreation & Community Services:NEW Games Room Equipment upgrades 275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-031 - 75,000 75,000 NEW Install new shade sails at Morgan and Hilda Solis Parks 275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-032 - 300,000 300,000 NEW Martial Arts Room matt flooring 275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-033 - 75,000 75,000 NEWReplace Boxing Ringj and equipment at Community Center275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-034 - 50,000 50,000 NEWDigital Communication Equipment for Key Staff at Barnes, FSC, Senior Center and Teen Center275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-035 - 20,000 20,000 Recreation & Community Services Totals- - - - - 520,000 520,000 - - - - 275 - American Rescue Plan Totals453,027 - (453,027) - 453,027 2,657,373 3,110,400 - - - - 278 - Measure W GrantPublic Works:CIP21-198 Barnes Park Regional Project 278 Measure W Grant (New Fund) 278-50-520-58100-55001 - - - - CIP21-198 - 1,500,000 1,500,000 7,400,000 4,835,690 Public Works Totals- - - - - 1,500,000 1,500,000 7,400,000 4,835,690 - - 278 - Measure W Grant Totals- - - - - 1,500,000 1,500,000 7,400,000 4,835,690 - - 402 - Fleet ServicesPublic Works:CIP20-183After-Market Utility Upgrades for Newly Leased CNG Vehicles402 Fleet Services 402-50-590-58110-00000 20,000 20,000 - 20,000 CompletePublic Works Totals20,000 20,000 - 20,000 - - - - - - - 402 - Fleet Services Totals20,000 20,000 - 20,000 - - - - - - - Grand Totals20,268,991$ 5,308,250$ (14,956,841)$ 5,312,149$ 11,693,846$ 15,120,863$ 26,814,709$ 12,522,982$ 5,105,690$ -$ -$ *CIP Project Numbers for Council Presentation do not reflect General Ledger Project Numbers. See last segment of General Ledger Account number for General Ledger Project Numbers.ATTACHMENT 2 (CONTINUED) Fund Description FY 2020-21Amended Adopted CIP FY 2020-21YTD Expenditures FY 2020-21 Requested RevisionsFY 2020-21Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2020-21AdoptedFY 2021-22 Requested Additions / (Reductions)FY 2021-22Proposed Project TotalsFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPFY 2025-26Proposed CIPNEW Microsoft 365 and Exchange Migration EA License 275 ARPA - American Rescue Plan Act 275-10-???-58105-NEW CIP22-001 - 100,000 100,000 NEW Citwide Phone system upgrade 275 ARPA - American Rescue Plan Act 275-10-???-58110-NEW CIP22-002 - 200,000 200,000 NEWReplace all physical servers older than five years and upgrade City servers for cyber security readiness275 ARPA - American Rescue Plan Act 275-10-???-58110-NEW CIP22-003 - 100,000 100,000 NEW Purchase computers and tablets 275 ARPA - American Rescue Plan Act 275-10-???-58110-NEW CIP22-004 - 200,000 200,000 NEW Upgrade Internet Bandwith 275 ARPA - American Rescue Plan Act 275-10-???-58100-NEW CIP22-005 - 100,000 100,000 NEW Website Upgrades 275 ARPA - American Rescue Plan Act 275-10-???-58100-NEW CIP22-006 - 250,000 250,000 NEW Cyber Security System and Software subscription 275 ARPA - American Rescue Plan Act 275-10-???-58105-NEW CIP22-007 - 100,000 100,000 Administration Totals-$ -$ -$ -$ -$ 1,050,000$ 1,050,000$ -$ -$ -$ -$ Community Development:CIP20-7 Permitting Software System (Planning / Building) 235 General Plan Fees 235-40-440-58105-00000 91,421 72,437 (18,984) 72,437 - Community Development Totals91,421$ 72,437$ (18,984)$ 72,437$ -$ -$ -$ -$ -$ -$ Police:Police:240 Gas Tax 240-50-520-58110-13020 187,958 187,958 - 187,958 271 Police Grants Fund (Traffic Safety) 271-30-350-58110-13020 126,210 126,210 - 126,210 Total: 314,168 CIP20-166Purchase four (4) Used BMW Police Motorcycles from City of El Monte271 Police Grants Fund (Traffic Safety) 271-30-350-58110-17233 53,200 - (53,200) - 205 Federal Asset Forfeiture 205-30-340-58110-13021 72,939 66,297 (6,642) 66,297 - - - 209 AB74 Public Safety Enhancements 209-30-340-58110-13021 81,951 - (81,951) - - - - 275 ARPA - American Rescue Plan Act 275-30-???-58110-13021 - - - - - 160,000 160,000 Total: 66,297 Total: 160,000 CIP20-170Complete Radio System Replacement - Police and Public Works (Includes additional funding approved by Council 11-15-17)Future Funding ScheduleGeneral LedgerExpenditure AccountFiscal Year 2021-2022CIP20-10CompleteCompleteCity of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by DepartmentFiscal Year 2019-20 CIP to Fiscal Year 2024-25 ProposedFunding Sources Fiscal Year 2020-2021CIP # /Dept Project / Item DescriptionCompleteAdmin:CIP20-170 Replace 25 Mobile Data Computers (MDC)ATTACHMENT 3 Fund Description FY 2020-21Amended Adopted CIP FY 2020-21YTD Expenditures FY 2020-21 Requested RevisionsFY 2020-21Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2020-21AdoptedFY 2021-22 Requested Additions / (Reductions)FY 2021-22Proposed Project TotalsFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPFY 2025-26Proposed CIPFuture Funding ScheduleGeneral LedgerExpenditure AccountFiscal Year 2021-2022City of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by DepartmentFiscal Year 2019-20 CIP to Fiscal Year 2024-25 ProposedFunding Sources Fiscal Year 2020-2021CIP # /Dept Project / Item DescriptionCIP20-184 Spillman GIS Module Purchase 209 AB74 Public Safety Enhancements 209-30-310-58105-13025 67,800 - (67,800) - 208 Law Enforcement Development Impact 208-30-340-58100-13026 100,000 - (100,000) - 100,000 - 100,000 275 ARPA - American Rescue Plan Act 275-30-???-58110-13026 453,027 - (453,027) - 453,027 6,973 460,000 Total: - Total: 560,000 CIP21-187 Replace UPS Battery Backup Unit 208 Law Enforcement Development Impact 208-30-320-58110-13027 21,000 22,251 1,251 22,251 CIP21-188Internal Affairs - Use of force tracking and early warning detection software system209 AB74 Public Safety Enhancements 209-30-310-58100-13028 21,000 20,600 (400) 20,600 CIP21-189Lease five (5) Police vehicles including after-market retrofits205 Federal Asset Forfeiture 205-30-340-58140-13029 75,000 66,168 (8,832) 66,168 205 Federal Asset Forfeiture 205-30-340-58110-53000 42,351 - (42,351) - - - - 275 ARPA - American Rescue Plan Act 275-30-???-58110-53000- - - - - 16,400 16,400 Total: - Total: 16,400 NEW Lease vehicles - Patrol, detective and admin 275 ARPA - American Rescue Plan Act 275-30-???-58140-NEW CIP22-008- 500,000 500,000 NEW Upgrades to the Emergency Operations Center (EOC) 275 ARPA - American Rescue Plan Act 275-30-???-58110-NEW CIP22-009- 100,000 100,000 NEW Replace PD Telephone and radio audio recorder 275 ARPA - American Rescue Plan Act 275-30-???-58110-NEW CIP22-010- 6,000 6,000 NEW Replace obsolete tasers 275 ARPA - American Rescue Plan Act 275-30-???-58110-NEW CIP22-011- 128,000 128,000 NEW Mobile Command upgrades 275 ARPA - American Rescue Plan Act 275-30-???-58110-NEW CIP22-012- 120,000 120,000 Police Totals1,302,437$ 489,485$ (812,952)$ 489,485$ 553,027$ 1,037,373$ 1,590,400$ -$ -$ -$ -$ Public Works:Public Works:CIP20-12 1 Dump Truck (Replacement / Lease) 240 Gas Tax 240-50-520-58140-15726 15,000 12,161 (2,839) 12,161 244 Proposition A 244-50-520-58100-15507 11,320 2,548 (8,772) 2,548 2,548 - 2,548 245 Proposition C 245-50-520-58110-15507 56,068 56,068 - 56,068 - - - - Total: 58,615 Total: 2,548 CIP21-186CIP21-200CNG StationCIP20-20CIP20-20CompleteCompleteLease of 1 Dump Truck completed - lease payments moved to operating budget. A 2nd replacement DumpTruck will be leased under a new CIP #22-018CompleteCIP21-200 Spillman RIPA & NIBRS Compliant SoftwareCIP21-186 Body and Vehicle CamerasCompleteATTACHMENT 3 (CONTINUED) Fund Description FY 2020-21Amended Adopted CIP FY 2020-21YTD Expenditures FY 2020-21 Requested RevisionsFY 2020-21Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2020-21AdoptedFY 2021-22 Requested Additions / (Reductions)FY 2021-22Proposed Project TotalsFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPFY 2025-26Proposed CIPFuture Funding ScheduleGeneral LedgerExpenditure AccountFiscal Year 2021-2022City of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by DepartmentFiscal Year 2019-20 CIP to Fiscal Year 2024-25 ProposedFunding Sources Fiscal Year 2020-2021CIP # /Dept Project / Item Description231 Air Quality Improvement 231-50-520-58100-15092 114,097 - (114,097) - 245 Proposition c 245-50-520-58100-15092 20,000 - (20,000) - 270 Grants Fund (MSRC Grant) 270-50-520-58100-15092 73,561 - (73,561) - Total: - CIP20-22Complete Streets Construction - Maine Ave Phase IB (Between Los Angeles St & Arrow Hwy)256 SB1 Road Repair & Accountability 256-50-520-58100-15698 20,500 12,427 (8,074) 12,427 245 Proposition C 245-50-520-58100-14120 275,000 123,860 (151,140) 123,860 151,140 - 151,140 251 Street Lighting and Landscape 251-50-520-58100-14120 255,817 100,000 (155,817) 100,000 155,817 - 155,817 254 Measure R Local Return 254-50-520-58100-14120 661,365 447,480 (213,885) 447,480 213,885 - 213,885 256 SB1 Road Repair & Accountability 256-50-520-58100-14120 550,000 550,000 - 550,000 - 300,000 300,000 Total: 1,221,340 Total: 820,842 245 Proposition C 245-50-520-58100-15716 7,853 3,992 (3,862) 3,992 - - - 270 Grants Fund (Highway Safety Imprvmt Prg) 270-50-520-58100-15716 279,992 30,000 (249,992) 30,000 249,992 - 249,992 270 Grants Fund (STPL) 270-50-520-58100-15716 - - - - - 249,000 249,000 Total: 33,992 Total: 498,992 255 Measure M Bond Proceeds 255-50-520-58100-15550 1,895,000 - (1,895,000) - 1,895,000 (115,500) 1,779,500 270 Grants Fund (1st Mile Last Mile) 270-50-520-58100-15550 - - - - - 300,000 300,000 Total: - Total: 2,079,500 245 Proposition C 245-50-520-58100-15625 90,000 40,542 (49,458) 40,542 49,458 200,000 249,458 251 Street Light & Landscape 251-50-520-58100-15082 - - - - - 100,000 100,000 255 Measure M 255-50-520-58100-15082 - - - - - 80,000 80,000 256 SB1 Road Repair & Accountability 256-50-520-58100-15082 - - - - - 1,275,000 1,275,000 270 Grants Fund (STPL) 270-50-520-58100-15082 750,000 - (750,000) - - - - Total: 40,542 Total: 1,704,458 243 Bicycle and Pedestrian Safety (TDA) 243-50-520-58100-15538 50,000 3,153 (46,847) 3,153 46,847 - 46,847 245 Proposition C 245-50-520-58100-15538 482,047 3,090 (478,957) 3,090 478,957 - 478,957 270 Grants Fund (MTA) 270-50-520-58100-15538 383,745 - (383,745) - 383,745 - 383,745 Total: 6,244 Total: 909,549 236 Public Art Fees 236-50-520-58110-15725 503,018 129,648 (373,370) 129,648 373,370 200,000 573,370 254 Measure R Local Return 254-50-520-58110-15725 114,860 21,360 (93,500) 21,360 93,500 - 93,500 Total: 151,008 Total: 666,870 CIP20-24CIP20-37CIP20-41San Gabriel River Bikeway Trail - Pathway along Walnut Creek WashCIP20-21 Upgrades to City Yard Slow Fill CNG StationsCIP20-35Metrolink Quiet Zones - Design and Construction matching fundsCancelledCompleteCIP20-31Maine / Pacific - Traffic Signal and Rail Crossing Safety Improvements at Pacific Ave and Bogart StCIP20-31Downtown ImprovementsCIP20-35CIP20-41CIP20-89CIP20-37 FY19-20 Paving / Residential and Major Street RehabCIP20-89Install Digital Marquees (Locations & Design to be Determined)CIP20-24ATTACHMENT 3 (CONTINUED) Fund Description FY 2020-21Amended Adopted CIP FY 2020-21YTD Expenditures FY 2020-21 Requested RevisionsFY 2020-21Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2020-21AdoptedFY 2021-22 Requested Additions / (Reductions)FY 2021-22Proposed Project TotalsFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPFY 2025-26Proposed CIPFuture Funding ScheduleGeneral LedgerExpenditure AccountFiscal Year 2021-2022City of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by DepartmentFiscal Year 2019-20 CIP to Fiscal Year 2024-25 ProposedFunding Sources Fiscal Year 2020-2021CIP # /Dept Project / Item Description245 Proposition C 245-50-520-58100-15701 239,348 93,318 (146,030) 93,318 246 AB939 Int Waste Management 246-50-520-58100-15701 10,000 - (10,000) - 251 Street Light & Landscape 251-50-520-58100-15701 106,700 106,053 (647) 106,053 256 SB1 Road Repair & Accountability 256-50-520-58100-15701 381,422 368,132 (13,290) 368,132 258 Measure W 258-50-520-58100-15701 500,000 497,376 (2,624) 497,376 270 Grants Fund (ATP Cycle 3) 270-50-520-58100-15701 968,000 680,173 (287,827) 680,173 Total: 1,745,052 CIP20-101 Graffiti Tracking System 240 Gas Tax 240-50-520-58100-15733 15,000 15,000 - 15,000 CIP20-115 Citywide Energy Efficiency Improvements 200 Future Development 200-50-520-58100-15755 421,290 186,541 (234,749) 186,541 CIP20-115 234,749 - 234,749 CIP20-128 City Entrance Signs 256 SB1 Road Repair & Accountability 256-50-520-58100-15076 318,720 4,368 (310,452) 8,268 CIP20-128 310,452 - 310,452 245 Proposition C 245-50-520-58100-15093 89,040 27,020 (62,020) 27,020 62,020 - 62,020 270 Grants Fund (ATP Cycle 3) 270-50-520-58100-15093 - - - - - 573,000 573,000 Total: 27,020 Total: 635,020 251 Street Lighting and Landscape 251-50-520-58100-15095 148,960 118,501 (30,459) 118,501 30,459 - 30,459 234 Park Fees (Quimby Act) 234-50-520-58100-15095 - - - - - 20,000 20,000 Total: 118,501 Total: 50,459 CIP20-152 Bus Shelter Phase III 270 Grants Fund (Foothill Transit) 270-50-520-58100-15083 40,000 - (40,000) - CIP20-152 40,000 - 40,000 CIP20-155 Citywide Traffic Speed Study 245 Proposition C 245-50-520-58100-15084 20,000 14,357 (5,643) 14,357 CIP20-155 5,643 - 5,643 245 Proposition C 245-50-520-58100-15094 165,925 - (165,925) - 165,925 - 165,925 255 Measure M 255-50-520-58100-15094 166,000 99,210 (66,790) 99,210 66,790 - 66,790 270 Grants Fund (Council of Governments) 270-50-520-58100-15094 1,278,726 190,131 (1,088,595) 190,131 1,088,595 - 1,088,595 Total: 289,341 Total: 1,321,310 234 Park Fees (Quimby Act) 234-50-520-58100-15086 345,610 345,610 - 345,610 251 Street Lighting and Landscape 251-50-520-58100-15086 125,000 125,000 - 125,000 Total: 470,610 244 Proposition A 244-50-520-58100-15088 7,500 - (7,500) - 245 Proposition C 245-50-520-58100-15088 17,790 10,790 (7,000) 10,790 Total: 10,790 CIP20-182 Big Dalton Wash Greenway 270 Grants Fund (Prop 68) 270-50-520-58100-15104 2,452,998 215,787 (2,237,211) 215,787 CIP20-182 2,237,211 - 2,237,211 CIP20-165 Pavement Management UpdatesCompleteCIP20-160CIP20-97Complete Streets Construction - Maine Ave Phase II (Between Los Angeles St & South City Limit)CompleteCIP20-129 San Gabriel River Bikeway Phase II - GreeningCIP20-129CIP20-131Median Landscaping Remove Turf and add Drought Resistant Plants and Trees - Phase IICIP20-131 Completed CompleteCIP20-163 Morgan Park Parking Lot ImprovementsCIP20-160 First Mile / Last MileATTACHMENT 3 (CONTINUED) Fund Description FY 2020-21Amended Adopted CIP FY 2020-21YTD Expenditures FY 2020-21 Requested RevisionsFY 2020-21Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2020-21AdoptedFY 2021-22 Requested Additions / (Reductions)FY 2021-22Proposed Project TotalsFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPFY 2025-26Proposed CIPFuture Funding ScheduleGeneral LedgerExpenditure AccountFiscal Year 2021-2022City of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by DepartmentFiscal Year 2019-20 CIP to Fiscal Year 2024-25 ProposedFunding Sources Fiscal Year 2020-2021CIP # /Dept Project / Item DescriptionCIP20-183After-Market Utility Upgrades for Newly Leased CNG Vehicles402 Fleet Services 402-50-590-58110-00000 20,000 20,000 - 20,000 255 Measure M Bond Proceeds 255-50-520-58100-15105 600,000 45,000 (555,000) 45,000 555,000 - 555,000 256 SB1 Road Repair & Accountability 256-50-520-58100-15105 200,000 24,166 (175,835) 24,166 - - 258 Measure W 258-50-520-58100-15105 - - - - - 525,000 525,000 Total: 69,166 Total: 1,080,000 251 Street Lighting and Landscape 251-50-520-58100-15564 50,000 - (50,000) - 50,000 - 50,000 254 Meaure R 254-50-520-58100-15564 125,000 - (125,000) - 125,000 - 125,000 256 SB1 Road Repair & Accountability 256-50-520-58100-15564 350,000 - (350,000) - 350,000 - 350,000 Total: - Total: 525,000 CIP21-197 Citywide Traffic Signal Battery Back-up Systems (BBS) 251 Street Lighting and Landscape 251-50-520-58100-55000 260,000 - (260,000) - CIP21-197260,000 - 260,000 234 Park Fees (Quimby Fees) 234-50-520-58100-55001- - - - 50,000 50,000 258 Measure W 258-50-520-58100-55001 816,300 4,495 (811,805) 4,495 - - - 278 Measure W Grant (New Fund) 278-50-520-58100-55001 - - - - - 1,500,000 1,500,000 7,400,000 4,835,690 Total: 4,495 Total: 1,550,000 251 Street Lighting and Landscape 251-50-520-58100-55002 23,746 1,031 (22,716) 1,031 22,716 - 22,716 270 Grants Fund (HSIP) 270-50-520-58100-55002 - - - - - 281,940 281,940 Total: 1,031 Total: 304,656 NEWCabota Front Bucket/Sweeper Bobcat Attachment (Replacement)240 Gas Tax 240-50-520-58110-NEW CIP22-013- 11,500 11,500 NEWTraffic Signal / Hawk-System installation at Garvey/Vineland/ I-10 FWY on/off Ramp270 Grants Fund (Surface Transportation) 270-50-520-58100-NEW CIP22-014- 349,000 349,000 220 CDBG 220-50-520-58100-NEW160,000 160,000 254 Measure R Local Return 254-50-520-58100-NEW- 50,000 50,000 Total: 210,000 234 Park Fees (Quimby Fees) 234-50-520-58100-NEW- 150,000 150,000 270 Grants Fund (CRNA)270-50-520-58100-NEW- 342,850 342,850 Total: 492,850 CIP21-190CIP21-191CIP21-199 Traffic Signal Modification Merced / VinelandCIP21-190Barnes Park Regional ProjectCIP21-198NEW Big Dalton Pocket Park at Francisquito AveCIP22-016NEWCitywide Sidewalk and Curb & Gutter Concrete Improvements CIP22-015CompleteDrainage Improvements at Foster Avenue Pedestrian Rail CrossingCIP21-191 Traffic Signal at Olive and Maine AvenueCIP21-199CIP21-198ATTACHMENT 3 (CONTINUED) Fund Description FY 2020-21Amended Adopted CIP FY 2020-21YTD Expenditures FY 2020-21 Requested RevisionsFY 2020-21Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2020-21AdoptedFY 2021-22 Requested Additions / (Reductions)FY 2021-22Proposed Project TotalsFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPFY 2025-26Proposed CIPFuture Funding ScheduleGeneral LedgerExpenditure AccountFiscal Year 2021-2022City of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by DepartmentFiscal Year 2019-20 CIP to Fiscal Year 2024-25 ProposedFunding Sources Fiscal Year 2020-2021CIP # /Dept Project / Item Description254 Measure R Local Return 254-50-520-58110-15734- 150,000 150,000 258 Measure W 258-50-520-58110-15734- 250,000 250,000 Total: 400,000 NEW 1 Dump Truck (Replacement / Lease) 240 Gas Tax 240-50-520-58140-15726 CIP22-018- 41,500 41,500 NEW3 New Vehicle Leases (1-Community Enhancement, 2-City Yard Replacement, and 3-CEO Small SUV)246 AB939 Int Waste Management 246-50-520-58140-15727 CIP22-019- 39,500 39,500 234 Park Fees (Quimby Fees) 234-50-520-58100-NEW- 24,000 24,000 251 Street Lighting and Landscape 251-50-520-58100-NEW- 6,000 6,000 Total: 30,000 NEW Plant and tree replacement for center medians 251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-021- 40,000 40,000 NEW Pigeon Barrier Puente Freeway Underpass 251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-022- 12,000 12,000 NEW Calsense Ugrade from 3G to 4G 251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-023- 16,700 16,700 NEWPaint and upgrade Fencing to all bridge crossings along the wash251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-024- 40,000 40,000 NEW Outstanding repairs to Traffic Signal systems 251 Street Lighting and Landscape 251-50-520-58100-NEW CIP22-025- 60,000 60,000 234 Park Fees (Quimby Fees) 234-50-520-58100-NEW- 100,000 100,000 258 Measure W 258-50-520-58100-NEW- 250,000 250,000 270 Grants Fund (TBD) 270-50-520-58100-NEW- 2,222,000 2,222,000 Total: 2,572,000 255 Measure M Bond Proceeds 255-50-520-58100-NEW- 100,000 100,000 270 Grants Fund (Federal Infrastructure TBD) 270-50-520-58100-NEW- 2,300,000 2,300,000 Total: 2,400,000 NEWPublic Works Maintenance Yard Upgrades including records retention and archiving facility study275 ARPA - American Rescue Plan Act 275-50-???-58100-NEW CIP22-028- 50,000 50,000 FUTURE Backhoe (Replacement) 251 Street Lighting and Landscape 251-50-520-58110-TBD70,000 70,000 NEW Francisquito Railroad Crossing Safety UpgradesTrash Enclosure at Morgan ParkCIP22-020FUTURENEW Roadside Park Improvements Near I-10 FWYNEW CNG Street Sweeper (Purchase)CIP22-017NEWCIP22-026CIP22-027ATTACHMENT 3 (CONTINUED) Fund Description FY 2020-21Amended Adopted CIP FY 2020-21YTD Expenditures FY 2020-21 Requested RevisionsFY 2020-21Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2020-21AdoptedFY 2021-22 Requested Additions / (Reductions)FY 2021-22Proposed Project TotalsFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPFY 2025-26Proposed CIPFuture Funding ScheduleGeneral LedgerExpenditure AccountFiscal Year 2021-2022City of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by DepartmentFiscal Year 2019-20 CIP to Fiscal Year 2024-25 ProposedFunding Sources Fiscal Year 2020-2021CIP # /Dept Project / Item DescriptionFUTURECatchbasin screening and capture improvements at various locations258 Measure W 258-50-520-58100-TBD50,000 245 Proposition C 245-50-520-58110-TBD500,000 255 Measure M 255-50-520-58110-TBD500,000 270 Grants Fund (TBD) 270-50-520-58110-TBD1,800,000 FUTURE Los Angeles Traffic Signal Syncrization project 251 Street Lighting and Landscape 251-50-520-58100-TBD130,000.00 FUTUREMedian Landscaping Improvements at Various Locations251 Street Lighting and Landscape 251-50-520-58100-TBD200,000 200,000 245 Proposition C 245-50-520-58100-TBD100,000 254 Measure R Local Return 254-50-520-58100-TBD100,000 255 Measure M 255-50-520-58100-TBD100,000 270 Grants Fund (CRNA)270-50-520-58100-TBD750,000 FUTURE Storm Drain Master Plan 249 Storm Drains NPDS 249-50-520-58100-15702150,000 FUTURE Tower (Boom) Truck (Replacement / Lease) 254 Measure R 254-50-520-58110-TBD250,000 245 Proposition C 245-50-520-58100-15562100,000 255 Measure M 255-50-520-58100-15562200,000 257 Traffic Mitigation Fees 257-50-520-58100-15562122,982 Public Works Totals16,872,319$ 4,728,387$ (12,140,032)$ 4,732,286$ 9,698,819$ 12,303,490$ 22,002,309$ 12,522,982$ 5,105,690$ -$ -$ Recreation & Community Services:Recreation & Community Services:CIP20-68 Replace Entrance Patio Roof Fam Serv Center 234 Park Fees (Quimby Fees) 234-60-620-58100-16202 95,000 - (95,000) - CIP20-68 95,000 - 95,000 CIP20-82Replace Roof at Community Center 4 ply hot mop application (w/complete removal)234 Park Fees (Quimby Fees) 234-60-620-58100-16209 820,000 - (820,000) - CIP20-82 820,000 - 820,000 CIP20-86 Termite & Building Repairs Community Center 234 Park Fees (Quimby Fees) 234-60-620-58100-16210 50,000 - (50,000) - CIP20-86 50,000 15,000 65,000 CIP20-87 Termite & Building Repairs Senior Center 234 Park Fees (Quimby Fees) 234-60-620-58100-16211 22,000 - (22,000) - CIP20-87 22,000 10,000 32,000 CIP20-88 Upgrade Teen Center Marquee w/LED 234 Park Fees (Quimby Fees) 234-60-620-58100-16212 3,814 3,814 - 3,814 FUTUREFUTUREFUTUREFUTUREFUTURECompleteFUTUREFUTUREFUTUREFUTUREResidential and Major Street Rehab at Various LocationsFUTURE Los Angeles Rehabilitation ProjectFUTURE Traffic Signal at Olive & PhelanATTACHMENT 3 (CONTINUED) Fund Description FY 2020-21Amended Adopted CIP FY 2020-21YTD Expenditures FY 2020-21 Requested RevisionsFY 2020-21Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2020-21AdoptedFY 2021-22 Requested Additions / (Reductions)FY 2021-22Proposed Project TotalsFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPFY 2025-26Proposed CIPFuture Funding ScheduleGeneral LedgerExpenditure AccountFiscal Year 2021-2022City of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by DepartmentFiscal Year 2019-20 CIP to Fiscal Year 2024-25 ProposedFunding Sources Fiscal Year 2020-2021CIP # /Dept Project / Item DescriptionCIP20-105Replace Public Announcement (P/A) System for City Council Chambers, City Hall Council Chamber Furniture, T-bar, Lighting and Dias and Reupholster Public Seating Area of Chambers270 Grants Fund (PEG Grant) 270-60-620-58110-16216 60,000 - (60,000) - CIP20-123Police Department Upgrade Security Cameras with New System (FY2019-20) and Replace Ceiling Tiles with T-Bar and Lighting Fixtures (FY2020-21)205 Federal Asset Forfeiture 205-60-620-58100-16219 45,000 - (45,000) - CIP20-125Hydration Stations at Morgan Park, Community Center, Teen Center and Barnes Park234 Park Fees (Quimby Fees) 234-60-620-58100-16221 27,000 - (27,000) - CIP20-151 Barnes Park Basketball Courts Resurfacing 234 Park Fees (Quimby Act) 234-60-620-58100-16188 25,000 - (25,000) - CIP20-153City Hall Police Dept. Security Access Card Readers & Panel to Support 2 Card Readers (New evidence entry gate & rear door access to PD floor)206 State Asset Forfeiture 206-60-620-58100-16189 25,000 - (25,000) - CIP20-154City Hall Police Dept. Ugrade Security Cameras (Jail and South Sally Port)206 State Asset Forfeiture 206-60-620-58100-16190 25,000 - (25,000) - CIP20-157 Community Center Meeting Rooms Expansion 234 Park Fees (Quimby Act) 234-60-620-58100-16192 290,000 - (290,000) - CIP20-161 Front Doors ADA Access at Community Center 234 Park Fees (Quimby Act) 234-60-620-58100-16193 25,000 - (25,000) - CIP20-168 Repair and Paint Beams at Comm Ctr Gym 234 Park Fees (Quimby Act) 234-60-620-58100-16195 35,000 - (35,000) - CIP20-168 35,000 - 35,000 CIP20-169 Replace / Refurbish Signs at Transit Center 244 Proposition A 244-60-620-58100-16196 15,000 - (15,000) - CIP20-169 15,000 - 15,000 CIP20-172Replace Community Center Weight Room Precut Rubber Tile Flooring 1/2" Commercial Grade234 Park Fees (Quimby Act) 234-60-620-58100-16198 60,000 - (60,000) - CIP20-172 60,000 - 60,000 CIP21-192 Replace Flooring Lobby / Locker Rm Aquatic Ctr 234 Park Fees (Quimby Act) 234-60-620-58100-16226 65,000 - (65,000) - CIP21-192 65,000 - 65,000 CIP21-193Replace Gym Sound Panels, Wall Carpet, Safety Pads and Paint234 Park Fees (Quimby Act) 234-60-620-58100-16227 225,000 - (225,000) - CIP21-193 225,000 - 225,000 CIP21-194 Replace Games Room Area Sound Panels 234 Park Fees (Quimby Act) 234-60-620-58100-16228 55,000 - (55,000) - CIP21-194 55,000 - 55,000 Absorbed by another CIPAbsorbed by another CIPAbsorbed by another CIPAbsorbed by another CIPAbsorbed by another CIPAbsorbed by another CIPAbsorbed by another CIPAbsorbed by another CIPATTACHMENT 3 (CONTINUED) Fund Description FY 2020-21Amended Adopted CIP FY 2020-21YTD Expenditures FY 2020-21 Requested RevisionsFY 2020-21Proposed TotalsCIP # /DeptCarryoverProjects / Balances fromFY 2020-21AdoptedFY 2021-22 Requested Additions / (Reductions)FY 2021-22Proposed Project TotalsFY 2022-23Proposed CIPFY 2023-24Proposed CIPFY 2024-25Proposed CIPFY 2025-26Proposed CIPFuture Funding ScheduleGeneral LedgerExpenditure AccountFiscal Year 2021-2022City of Baldwin ParkCapital Improvement Projects (CIP) Funding Schedule by DepartmentFiscal Year 2019-20 CIP to Fiscal Year 2024-25 ProposedFunding Sources Fiscal Year 2020-2021CIP # /Dept Project / Item DescriptionCIP21-195Maintenance Urethane Top Coat at Morgan Park Rubberized Playground 234 Park Fees (Quimby Act) 234-60-620-58100-16229 35,000 14,127 (20,873) 14,127 NEW Replace Flooring / Carpet at Teen Center 234 Park Fees (Quimby Act) 234-60-620-58100-NEW CIP22-029 - 85,000 85,000 NEW Replace Senior Center Patio Fountain 234 Park Fees (Quimby Act) 234-60-620-58100-NEW CIP22-030 - 100,000 100,000 NEW Games Room Equipment upgrades 275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-031 - 75,000 75,000 NEW Install new shade sails at Morgan and Hilda Solis Parks 275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-032 - 300,000 300,000 NEW Martial Arts Room matt flooring 275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-033 - 75,000 75,000 NEWReplace Boxing Ringj and equipment at Community Center275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-034 - 50,000 50,000 NEWDigital Communication Equipment for Key Staff at Barnes, FSC, Senior Center and Teen Center275 ARPA - American Rescue Plan Act 275-60-620-58110-NEW CIP22-035 - 20,000 20,000 Recreation & Community Services Totals2,002,814$ 17,941$ (1,984,873)$ 17,941$ 1,442,000$ 730,000$ 2,172,000$ -$ -$ -$ -$ Grand Totals20,268,991$ 5,308,250$ (14,956,841)$ 5,312,149$ 11,693,846$ 15,120,863$ 26,814,709$ 12,522,982$ 5,105,690$ -$ -$ *CIP Project Numbers for Council Presentation do not reflect General Ledger Project Numbers. See last segment of General Ledger Account number for General Ledger Project Numbers.CompleteATTACHMENT 3 (CONTINUED) FY 20-21Projected FY 20-21 FY 20-21 Revised FY 21-22 FY 21-22 FY 21-22RevisedFund Balance Proposed Proposed Projected FY 21-22 Adopted Proposed Proposed FY 21-22 ProjectedFund Fund Description 06/30/2021 Other Operating Adjustments to Fund Balance Adopted Expenditures CIP Revenue Proposed CIP Fund Balance(as Presented 6-16-21)Adjustments CIP Balances 06/30/2021 Revenues (Excludes CIP) Carryovers Adjustments Additions 06/30/2022General Fund:100 General Fund* 25,185,469 0 025,185,46933,380,469 33,228,420 0 0 025,337,518200 Future Development Fund** 4,009,717 0 (234,749)4,244,46648,000 194,864 234,749 0 03,862,853210 Community Enhancement Fund** 662,631 0 0662,6314,000 0 0 0 0666,631 Subtotal - General Fund 29,857,816$ -$ (234,749)$ 30,092,565$ 33,432,469$ 33,423,283$ 234,749$ -$ -$ 29,867,002$ Internal Services Funds:401 Information and Support Services 335,741 0 0335,7411,039,788 1,259,788 0 0 0115,741402 Fleet Services 986,148 0 0986,148427,103 927,102 0 0 0486,148403 Internal Insurance (5,704,488) 0 0(5,704,488)4,741,364 3,941,364 0 0 0(4,904,488)404 Capital Equipment 166,471 0 0166,4710 0000166,471 Subtotal - Internal Services Funds (4,216,129)$ -$ -$ (4,216,129)$ 6,208,255$ 6,128,254$ -$ -$ -$ (4,136,128)$ Special (Restricted) Funds:205 Federal Asset Forfeiture 106,631 0 (102,825)209,4550 0000209,455206 State Asset Forfeiture 5,952 0 (50,000)55,9520 000055,952207 Local Law Enforcement Block Grant 15,313 0 015,3130 000015,313208 Law Enforcement Development Impact 83,420 0 (98,749)182,16920,600 0 100,000 0 0102,769209 AB74 Public Safety Enhancement 0 0 (150,151)150,1510 0000150,151220 Community Development Block Grant (379,649) 0 0(379,649)1,566,139 1,464,054 0 160,000 160,000(277,564)221 H.O.M.E. (Home Investment Partnership Program) 1,074,152 0 01,074,1522,571,001 2,505,309 0 0 01,139,844222 CAL Home 17,256 0 017,256100 0 0 0 017,356223 Economic Development Act Revolving Loan 538 0 05380 0000538230 AB1693 Business Improvement Fees 23,896 0 023,896130,200 120,212 0 0 033,884231 Air Quality Management 82,754 0 (114,097)196,851188,000 199,268 0 0 0185,583234 Park Fees (Quimby Act) 446,460 0 (1,814,873)2,261,333205,298 74,961 1,427,000 0 554,000410,670235 General Plan Fees 551,039 0 (18,984)570,024145,000 277,948 0 0 0437,076236 Public Art Fees 222,848 0 (373,370)596,21840,500 0 373,370 0 200,00063,348237 Cannabis Mitigation Fee 0 0 002,757,500 1,353,750 0 0 01,403,750240 Gasoline Tax (175,250) 0 (2,839)(172,411)1,954,798 1,717,712 0 0 53,00011,675241 Surface Transportation Program (73,439) 0 0(73,439)349,452 0 0 0 0276,013243 Bicycle and Pedestrian Safety 430 0 (46,847)47,2770 0 46,847 0 0430244 Proposition A 26,182 (119,747) (31,272)177,2011,819,270 2,106,522 17,548 0 0(127,598)245 Proposition C (60,386) 0 (1,090,035)1,029,6491,280,281 860,727 913,144 0 200,000336,059246 AB939 Integrated Waste Management 32,216 0 (10,000)42,216337,000 351,223 0 0 39,500(11,507)247 Oil Recycling Grant 38,367 0 038,36720,000 19,094 0 0 039,273249 Storm Drains NPDS 47,494 0 047,49459,116 94,695 0 0 011,915250 Assessment District 403,763 0 0403,76312,630 0 0 0 0416,393251 Street Lighting and Landscape 113,119 0 (519,639)632,7581,804,330 1,916,753 518,992 0 274,700(273,357)252 Parks Maintenance Assessment District (60,298) 0 0(60,298)941,086 867,074 0 0 013,714253 Proposition A - Parks (1,470) 0 0(1,470)120,210 120,202 0 0 0(1,461)254 Measure R Local Return (17,746) 0 (432,385)414,639961,446 714,627 432,385 0 200,00029,073City of Baldwin ParkFiscal Year 2020-2021 and Fiscal Year 2021-2022 Projected Fund Balances with CIP RequestsATTACHMENT 4 FY 20-21Projected FY 20-21 FY 20-21 Revised FY 21-22 FY 21-22 FY 21-22RevisedFund Balance Proposed Proposed Projected FY 21-22 Adopted Proposed Proposed FY 21-22 ProjectedFund Fund Description 06/30/2021 Other Operating Adjustments to Fund Balance Adopted Expenditures CIP Revenue Proposed CIP Fund Balance(as Presented 6-16-21)Adjustments CIP Balances 06/30/2021 Revenues (Excludes CIP) Carryovers Adjustments Additions 06/30/2022City of Baldwin ParkFiscal Year 2020-2021 and Fiscal Year 2021-2022 Projected Fund Balances with CIP Requests255 Measure M (23,834) 0 (2,516,790)2,492,9561,086,689 981,417 2,516,790 0 64,50016,938256 SB1 Road Repair & Accountability 98,332 0 (857,650)955,9831,513,531 120,419 660,452 0 1,575,000113,643257 Traffic Mitigation Fees (26,605) 0 0(26,605)12,945 0 0 0 0(13,660)258 Measure W 1,192,426 0 (814,429)2,006,8552,220,000 52,000 0 0 1,025,0003,149,855260 Summer Lunch Program (0) 0 0(0)10,000 9,908 0 0 092270 Grants Fund 1,798,507 0 (5,170,930)6,969,43730,000 28,667 3,999,543 4,522,000 6,617,790875,438271 Police Grants Fund 65,020 0 (53,200)118,220101,200 134,042 0 0 085,377275 American Rescue Plan Act 0 0 (453,027)453,02711,240 11,240 453,027 22,906,663 2,657,37320,249,290278 Measure W Grant 0 0 000 0 0 1,500,000 1,500,0000280 Cooperative Agreements Contributions 617 0 0617400,000 0 0 0 0400,617301 Building Reserve 9,928 0 09,9280 00009,928450 BPROUD Utility District 1,440 0 01,44010,174,518 12,746,887 0 0 0(2,570,929) Subtotal Special Funds 5,639,423.54 (119,747.36) (14,722,092.13) 20,481,263.03 32,844,080.34 28,848,712.40 11,459,096.60 29,088,663.00 15,120,863.00 26,985,334.37 TOTAL GENERAL, INTERNAL SRV & SPECIAL FUNDS: 31,281,111$ (119,747)$ (14,956,841)$ 46,357,700$ 72,484,804$ 68,400,250$ 11,693,846$ 29,088,663$ 15,120,863$ 52,716,209$ Financing Authority Funds:601 Debt Service 486,372 0 0486,372494,845 478,065 0 0 0503,152610 COP Lease Payment 6,222 0 06,222586,911 592,982 0 0 0152625 Gas Tax Debt Service 7 0 070 00007635 BPFA/PM 2003 Tax Alloc 32,614 0 032,6140 000032,614637 BPFA/CBD 1990 Refunding Loan 142 0 01420 0000142650 Pension Obligation Bond 0 0 000 00000651 Pension Obligation Bond 2019 23,981 0 023,9813,846,680 3,846,680 0 0 023,981660 Measure M Rev Bond 4,312,790 0 04,312,790591,219 591,219 0 0 04,312,790 Subtotal Financing Authority Funds 4,862,128$ -$ -$ 4,862,128$ 5,519,655$ 5,508,946$ -$ -$ -$ 4,872,837$ Successor Agency Funds:800 RDA Obligation Retirement 1,158,895 0 01,158,8950 00001,158,895Capital Projects801 SG River Capital Project 296,363 0 0296,3630 0000296,363802 Puente/Merced Capital Project (5,978) 0 0(5,978)0 0000(5,978)803 W Ramona Capital Project 81,136 0 081,1360 000081,136804 Cntrl Business Dist Capital Project (15,864) 0 0(15,864)0 0000(15,864)805 Delta Capital Project (2,171) 0 0(2,171)0 0000(2,171)806 Sierra Vista Capital Project 1,687,107 0 01,687,107194,538 194,538 0 0 01,687,107 Subtotal Capital Projects 2,040,594$ -$ -$ 2,040,594$ 194,538$ 194,538$ -$ -$ -$ 2,040,594$ ATTACHMENT 4 (CONTINUED) FY 20-21Projected FY 20-21 FY 20-21 Revised FY 21-22 FY 21-22 FY 21-22RevisedFund Balance Proposed Proposed Projected FY 21-22 Adopted Proposed Proposed FY 21-22 ProjectedFund Fund Description 06/30/2021 Other Operating Adjustments to Fund Balance Adopted Expenditures CIP Revenue Proposed CIP Fund Balance(as Presented 6-16-21)Adjustments CIP Balances 06/30/2021 Revenues (Excludes CIP) Carryovers Adjustments Additions 06/30/2022City of Baldwin ParkFiscal Year 2020-2021 and Fiscal Year 2021-2022 Projected Fund Balances with CIP RequestsDebt Service831 SG River Debt Service (717,394) 0 0(717,394)0 0000(717,394)832 Puente/Merced Debt Service 632,270 0 0632,2700 0000632,270833 W Ramona Debt Service (248,704) 0 0(248,704)0 0000(248,704)834 Cntrl Business Dist Debt Service (1,280,169) 0 0(1,280,169)0 0000(1,280,169)835 Delta Debt Service (167,416) 0 0(167,416)0 0000(167,416)836 Sierra Vista Debt Service 720,048 0 0720,0480 0000720,048837 BP Merged 2000 Refinance 33,731 0 033,7310 000033,731838 BP Merged 2000 Refinance 332,352 0 0332,3521,387,950 1,570,338 0 0 0149,964 Subtotal Debt Service (695,282)$ -$ -$ (695,282)$ 1,387,950$ 1,570,338$ -$ -$ -$ (877,670)$ Low/Mod Housing890 Low/Mod Income Housing 6,668,329 0 06,668,329272,399 929,328 0 0 06,011,400 Subtotal Low/Mod Housing 6,668,329$ -$ -$ 6,668,329$ 272,399$ 929,328$ -$ -$ -$ 6,011,400$ TOTAL SUCCESSOR AGENCY FUNDS: 9,172,536$ -$ -$ 9,172,536$ 1,854,887$ 2,694,204$ -$ -$ -$ 8,333,218$ Housing Authority:901 Housing Voucher Choice 54,537 0 054,5376,430,223 6,597,575 0 0 0(112,815)905 Public Housing 415,448 0 0415,448119,423 89,011 0 0 0445,860910 CIAP 1,618 0 01,61868,829 68,829 0 0 01,618 Subtotal Housing Authority Funds 471,604$ -$ -$ 471,604$ 6,618,475$ 6,755,415$ -$ -$ -$ 334,664$ COMBINED GRAND TOTAL - ALL FUNDS 45,787,379$ (119,747)$ (14,956,841)$ 60,863,968$ 86,477,821$ 83,358,815$ 11,693,846$ 29,088,663$ 15,120,863$ 66,256,928$ * The Adopted General Fund Reserve Balance at June 30, 2022 is:$ 9,864,364 ** The Future Development Fund and Community Enhancement Fund were merged with the General Fund. However, these funds are committed for future / special projects pending City Council approval.ATTACHMENT 4 (CONTINUED) Fund Fund Description Account Number FY 2021‐2022 Adjustment Amount Notes / Comments 220 CDBG 220‐50‐000‐41403‐NEW 160,000 CDBG Funds approved for streets / facility projects to be used for City Hall concrete improvemets (not included in original adopted budget). 270 Grants Fund 270‐50‐000‐4XXXX‐NEW 2,222,000 Grant funds (TBD) to be used for Roadside Park near I‐10 freeway project (not included in original adopted budget). 270 Grants Fund 270‐50‐000‐4XXXX‐NEW 2,300,000 Grant funds (TBD) to be used for Francisquito Railroad Crossing Safety Upgrades project (not included in original adopted budget). 275 American Rescue Plan Act 275‐00‐000‐41004‐00000 22,906,663 Total ARP Allocation of $22,917,903 minus $11,240 already included in FY21‐22 Adopted Revenue Budget. 278 Measure W Grant 278‐50‐000‐4XXXX‐55001 1,500,000 Measure W Grant funds to be used for Barnes Park Regional Project (not included in original adopted budget). Total FY 2021‐2022 Additional Revenue Appropriations: 29,088,663 City of Baldwin Park Additional Revenue Appropriation Fiscal Year 2021‐2022 ATTACHMENT 5 Fund Account Account Name Project Description FY 20‐21 Current Budget FY 20‐21 Proposed Adjustment FY 20‐21 Proposed Amended Budget 244 ‐ Proposition A: 244 244‐50‐580‐51100‐12422 Consultant Services National Transit Database Report 2,000 (2,000) ‐ 244 244‐50‐580‐51100‐15030 Consultant Services Proposition A Administration 7,500 (7,500) ‐ 244 244‐60‐630‐51100‐15540 Consultant Services Recreation Transportation 12,500 (11,626) 874 244 244‐50‐580‐51100‐15520 Consultant Services Dial‐A‐Ride Service 225,000 (15,920) 209,080 244 244‐50‐580‐51100‐15525 Consultant Services Fixed Route Service 1,300,000 (82,701) 1,217,299 244 ‐ Proposition A Total 1,547,000 (119,747) 1,427,253 Grand Total 1,547,000 (119,747) 1,427,253 City of Baldwin Park Fiscal Year 2020‐2021 Proposed Other Operating Adjustments ATTACHMENT 6 STAFF REPORT ITEM NO. ________11_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Benjamin Martinez, Community Development Director DATE: September 1, 2021 SUBJECT: Proposed Ordinance Prohibiting the Sale of Flavored Tobacco Products SUMMARY A grass roots effort by residents of the City of Baldwin Park demonstrated an interest in adopting an ordinance to prohibit the sale of flavored tobacco products. The City Attorney drafted a proposed ordinance which was presented to the City Council on July 21, 2021. At that time, the City Council gave direction to staff to audit and further review the proposed ordinance in preparation for a first reading and conduct outreach to inform businesses of the proposed change. Notice of the proposed Ordinance change was provided by the City to all stores in Baldwin Park that are licensed to sell tobacco products on or about August 23, 2021. RECOMMENDATION Staff recommends that the City Council: 1. Consider “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA (RETAIL SALES OF TOBACCO PRODUCTS) AMENDING SECTION 125.020 (REQUIREMENTS AND PROHIBITIONS) OF CHAPTER 25 OF THE CITY OF BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS”; and 2. Direct staff to bring back for first reading at the next regularly scheduled City Council Meeting. FISCAL IMPACT There is no fiscal impact to the City Council on the proposed ordinance. BACKGROUND The use of flavored tobacco products including the use of e-cigs, e-hooks, mods, tank systems and vape pens have become an epidemic among our youth and has prompted action at the federal, state and local levels. These mentholated and flavored products have been shown to be “starter” products for youth who then begin using tobacco. In response to City Council direction, the City Attorney has drafted a proposed ordinance that would prohibit the sale of flavored tobacco products after reviewing several other city model ordinances from El Monte, Alhambra, as well as the City and County of Los Angeles and working with local nonprofit organizations to review and refine the proposed ordinance. The proposed ordinance for Baldwin Park: 1. Would amend Section 125.020 of the Municipal Code to include new definitions for “Characterizing flavor,” “Electronic smoking device,” “Flavored tobacco product,” “Tobacco product,” and “Tobacco retailer.” 2. Add Subsection H to specifically prohibit the sale of any flavored tobacco product or any component, part, or accessory intended to impart or imparting a characterizing flavor in any form, to any tobacco product or nicotine delivery device. Pursuant to the direction and comments from City Council, staff audited the ordinance through an internal and external review process. After the internal review, the contents were discussed with individuals at The Wellness Center Los Angeles to gain a further understanding of what is being done in other cities to address the epidemic. After review, staff believes the ordinance is complete and ready for a first reading. ALTERNATIVE The City Council may provide further direction to staff on the proposed Ordinance Prohibiting the Sale of Flavored Tobacco. LEGAL REVIEW This proposed ordinance has been prepared by the City Attorney. ATTACHMENTS 1. Proposed Ordinance 2. Ordinance TRL Draft Model 3. Mass Mailer to Tobacco Product Retailers ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA (RETAIL SALES OF TOBACCO PRODUCTS) AMENDING SECTION 125 (REQUIREMENTS AND PROHIBITIONS) OF CHAPTER 25 OF THE CITY OF BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS, EFFECTIVE AS OF ___________, 2021 WHEREAS, the potential failure of tobacco retailers to comply with tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors, presents a threat to the public health, safety, and welfare of the residents of the City of Baldwin Park (the “City”); WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), enacted in 2009, prohibited candy and fruit flavored cigarettes, largely because these flavored products were marketed to youth and young adults, and younger smokers were more likely than older smokers to have tried these products; WHEREAS, although the manufacture and distribution of flavored cigarettes (excluding menthol) are banned by federal law, neither federal law nor California law restricts the sale of menthol cigarettes or flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, electronic smoking devices, and the solutions used in these devices; WHEREAS, flavored tobacco products are very common in California tobacco retailers as evidenced by the following: • 97.4% of stores that sell cigarettes sell menthol cigarettes; • 94.5% of stores that sell little cigars sell them in flavored varieties; • 84.2% of stores that sell electronic smoking devices sell flavored varieties; and • 83.8% of stores that sell chew or snus sell flavored varieties; WHEREAS, more than 1 in 4 stores located within 1,000 feet of California schools sell tobacco, and more than 3 out of 4 of these tobacco retailers sell flavored tobacco products (not including mentholated cigarettes); WHEREAS, mentholated and flavored products have been shown to be “starter” products for youth who begin using tobacco and that these products help establish tobacco habits that can lead to long-term addiction; WHEREAS, at least one study has found that the majority of smokeless tobacco users reported that the first smokeless product they used was mint-flavored (such as ice, mint, spearmint, or wintergreen flavors), and almost two-thirds who transitioned to daily use of smokeless tobacco products first used a mint-flavored product; WHEREAS, young people are much more likely than adults to use menthol, candy and fruit flavored tobacco products, including cigarettes, cigars, cigarillos, and hookah tobacco; WHEREAS, 70% of middle school and high school students who currently use tobacco, report using flavored products that taste like menthol, alcohol, candy, cotton candy, bubble gum, fruit, chocolate, or other sweets; WHEREAS, data from the National Youth Tobacco Survey indicate that more than two-fifths of US middle school and high school smokers report using flavored little cigars or flavored cigarettes; WHEREAS, much of the growing popularity of small cigars and smokeless tobacco is among young adults and appears to be linked to use of flavored products; WHEREAS, the Centers for Disease Control and Prevention has reported a more than 800% increase in electronic cigarette use among middle school and high school students between 2011 and 2015; WHEREAS, nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as cotton candy and bubble gum; WHEREAS, the California Attorney General has stated that electronic cigarette companies have targeted minors with fruit-flavored products; WHEREAS, between 2004 and 2014 use of non-menthol cigarettes decreased among all populations, but overall use of menthol cigarettes increased among young adults (ages 18 to 25) and adults (ages 26+); WHEREAS, people ages 12 and older from communities of color are more likely to smoke mentholated cigarettes and flavored tobacco products as evidenced by the following percentages of people who smoke cigarettes reported smoking mentholated cigarettes in the last month; a. 82.6% of Black or African American individuals; b. 53.2% of Native Hawaiians or Other Pacific Islanders; c. 36.9% of individuals with multiracial backgrounds; d. 32.3% of Hispanic or Latino individuals; e. 31.2% of Asian individuals; f. 24.8% of American Indians or Alaska Natives; and g. 23.8% of White or Caucasian individuals; WHEREAS, adding menthol and other flavorings to tobacco products, such as cigarettes, little cigars, cigarillos, and smokeless tobacco, can mask the natural harshness and taste of tobacco, making these products easier to use and increasing their appeal among youth; WHEREAS, the tobacco industry has been manipulating the dose of menthol in cigarettes to ensure the uptake and continued use of tobacco, especially by young people and vulnerable populations for many years; WHEREAS, smoking mentholated cigarettes and flavored tobacco products reduces the likelihood of successfully quitting smoking; WHEREAS, the tobacco industry has a well-documented history of developing and marketing mentholated and flavored tobacco brands to communities of color and youth; WHEREAS, a review of advertising, promotions, and pack prices near California high schools found that “for each 10 percentage point increase in the proportion of Black students, the proportion of menthol advertising increased by 5.9% … the odds of a Newport [a leading brand of mentholated cigarettes] promotion were 50% higher … and the cost of Newport was 12 cents lower.” There was no such association found for non-mentholated and non-flavored cigarettes and tobacco products; WHEREAS, a study found that price reduction promotions for menthol cigarettes and flavored tobacco products are disproportionately targeted to youth markets; WHEREAS, scientific reviews by the Tobacco Products Scientific Advisory Committee and the United States Federal Drug Administration found marketing of menthol cigarettes and flavored tobacco products likely increases the prevalence of smoking among the entire population, and especially among youth, African Americans, and possibly Hispanic and Latino individuals; WHEREAS, scientific studies on the impact of a national ban on menthol in cigarettes and flavored tobacco products found 36.5% of menthol and flavored tobacco products users would try to quit smoking if menthol and flavored tobacco products were banned and between 300,000 and 600,000 lives would be saved by 2050; WHEREAS, the Attorney General of State of California supports the ban against flavored tobacco products and has filed a brief with the Ninth Circuit Court in support of the ban; WHEREAS, an evaluation of New York City’s law, which prohibits the sale of all flavored tobacco, excluding menthol, found that as a result of the law, youth had 37% lower odds of ever trying flavored tobacco products and 28% lower odds of ever using any type of tobacco; WHEREAS, the flavored tobacco ordinance of the City and County of San Francisco (“San Francisco”) was implemented in the fall of 2018. To date, no holder of a San Francisco tobacco retailer license is known to have gone out of business because of the flavored tobacco ordinance; and WHEREAS, the prohibitions set forth herein would still provide for the sale of tobacco-flavored tobacco products. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals above are true and correct and incorporated herein by reference. SECTION 2. Section 125.020 of Chapter 25 (Tobacco Retail Licensing) of the City of Baldwin Park Municipal Code is hereby amended by the following new definitions and such Section 125.020 shall be reorganized upon the inclusion of such additional definitions to ensure that all definitions therein are set forth in alphabetical order: “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the devise, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. “Flavored tobacco product” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. “Tobacco product” means: 1. any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether absorbed, inhaled, or ingested by any other means, including, but not limited to, cigarettes, cigars, chewing tobacco, pipe tobacco, snuff, or snus; 2. any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or 3. any component, part, or accessory of (1) or (2) whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes. “Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. “Tobacco retailer” means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange. SECTION 3. Section 125.020 of Chapter 25 of the City of Baldwin Park Municipal Code is hereby amended by the addition of a new Subsection, which shall read as follows and be set forth in alphabetical order within Section 125.020: H. Flavored tobacco product sales prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product. I. Presumptive flavored tobacco product. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. SECTION 4. Inconsistent Provisions. Any provision of the City of Baldwin Park Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional. SECTION 6. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in a newspaper of general circulation within fifteen (15) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of City of Baldwin Park at the regular meeting of this _____th day of ______________, 2021. By:________________________________ Mayor of the City of Baldwin Park ATTEST: By:_________________________________ City Clerk of the City of Baldwin Park § 125.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ARM'S LENGTH TRANSACTION. A sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction. CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. COUPON. Any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price. DELIVERY SALE. The sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick- up. DEPARTMENT. Community Development Department, and any agency or person designated by the Chief Executive Officer to enforce or administer the provisions of this chapter. ELECTRONIC SMOKING DEVICE. Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. FLAVORED TOBACCO PRODUCT. Any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. FULL RETAIL PRICE. The price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price. MOVABLE PLACE OF BUSINESS. Any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. PHARMACY. Any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals. PROPRIETOR. A person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. RECREATION FACILITY. An area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool. SELF-SERVICE DISPLAY. The open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. SMOKING. Possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind). TOBACCO PARAPHERNALIA. Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. TOBACCO PRODUCT. (1) Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; or (2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes. “Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. TOBACCO RETAILER. Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. TOBACCO RETAILING. The doing of any of the activities mentioned in the definition of tobacco retailer. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. YOUTH-SERVING FACILITY. A parcel in the City of Baldwin Park that is occupied by: (1) a private or public kindergarten, elementary, middle, junior high, or high school; (2) a library open to the public; (3) a playground open to the public; (4) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities; (5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes; (6) a park open to the public or to all the residents of a private community; (7) a licensed child-care facility or preschool [other than a small-family day care home or a large-family day care home [as defined in California Health & Safety Code § 1596.78]; § 125.020 REQUIREMENTS AND PROHIBITIONS. (A) Tobacco retailer license required. It shall be unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer's license is a nuisance as a matter of law. (B) Lawful business operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing. (C) Display of license. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. (D) Positive identification required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia. (E) Minimum age for persons selling tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. (F) Self-service displays prohibited. Tobacco retailing by means of a self-service display is prohibited. (G) False and misleading advertising prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been revoked: (1) Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under § 125.010; and (2) Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. (H) Smoking prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter. (I) Minimum legal sales age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age. (J) On-site sales. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the city. § 125.021. SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. (A) Flavored tobacco product sales prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product. (B) Presumptive flavored tobacco product. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. § 125.022. TOBACCO PRODUCT PRICING AND PACKAGING. (A) Packaging and labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements. (B) Display of price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale. (C) Distribution of tobacco samples or promotional items. It is unlawful for any person to distribute free or nominally priced tobacco products. (D) Prohibition of tobacco coupons and discounts. No tobacco retailer shall: (1) honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price; (2) sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or (3) provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product. (E) Minimum package size for little cigars and cigars. No tobacco retailer shall sell: (1) any little cigar unless it is sold in a package of at least [ 20 ] little cigars; or (2) any cigar unless it is sold in a package of at least at least [ 6 ] cigars ; provided, however, that this subsection shall not apply to a cigar that has a price of at least [ $X.00 ] per cigar, including all applicable taxes and fees. (F) Minimum prices for cigarettes, little cigars, and cigars. No tobacco retailer shall sell: (1) Cigarettes at a price that is less than [ $X.00 ] per package of 20 cigarettes, including all applicable taxes and fees; (2) Little cigars at a price that is less than [ $X.00 ] per package of little cigars, including all applicable taxes and fees; or (3) Cigars at a price that is less [ $X.00 ] per cigar, including all applicable taxes and fees. The minimum prices established in this section shall be adjusted annually by the Department in proportion with the Consumer Price Index, using a system established by the Department. § 125.030 LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. (A) Mobile vending. No license may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited. (B) Residential areas. No license may be issued to authorize tobacco retailing at any location that is exclusively zoned for residential uses (R-1, RG or R3 zones). (C) Alcohol and food licenses. No license may be issued to authorize tobacco retailing at any location that is licensed under state law to serve alcoholic beverages for consumption on the premises (such as an "on-sale" license issued by the California Department of Alcoholic Beverage Control) and no license may be issued to authorize tobacco retailing at any location offering food for sale for consumption on the premises. For example, and without limitation, tobacco retailing is prohibited in bars and restaurants. This provision shall take effect on November 1, 2009, which is one year after the effective date of the ordinance adopting this chapter. (D) Licensed cannabis businesses. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10. (ED) Pharmacies. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy. (FE) Proximity to youth-oriented facilities. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a youth- oriented facility as measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented facility is located to the nearest point of the property line of the parcel on which the applicant’s business is located. (GF) Proximity to other tobacco retailers. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a tobacco retailer location already licensed pursuant to this chapter as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located. (H) Proximity to cannabis retailers. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of an existing cannabis retailer as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing cannabis retailer is located. (G) Population and density. The issuing of tobacco retailer licenses is limited as follows: (1) The total number of tobacco retailer licenses within the city shall be limited to one for each [ 2,500 ] inhabitants of the city. (2) For the purposes of this subsection, the total population of the city shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed. (3) No new license may issue to authorize tobacco retailing if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (1). § 125.040 APPLICATION PROCEDURE. (A) (1) Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof. (2) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. No proprietor may rely on the issuance of a license as a determination by the city the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to § 125.080 of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law. (3) All applications shall be submitted on a form supplied by the Department and shall contain the following information: (a) The name, address, and telephone number of each proprietor of the business seeking a license. (b) The business name, address, and telephone number of the single, fixed location for which a license is sought. (c) A single name and mailing address authorized by each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in division (b) above. (d) Proof the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. (e) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years. If person filing the application for a tobacco retailer does not disclose past violations and a license is issued, the license can be revoked as soon as the past violations are discovered pursuant to § 125.110 below. (f) Such other information as the Chief Executive Officer deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section. (B) A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer's license within ten business days after a change. (C) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code § 6250 et seq.) or any other applicable law, subject to the laws' exemptions. § 125.050 ISSUANCE OF LICENSE. Upon the receipt of a completed application for a tobacco retailer's license and the license fee required by this chapter, the Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exist: (A) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter. (B) The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the city with documentation demonstrating by clear and convincing evidence the applicant has acquired or is acquiring the location or business in an arm’s length transaction. (C) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued. (D) The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this code, including, without limitation, the zoning ordinance, building code, and business license tax ordinance, or that is unlawful pursuant to any other law. § 125.060 LICENSE RENEWAL AND EXPIRATION. (A) Renewal of license. A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the annual license fee no later than 30 days prior to expiration of the term. (B) Expiration of license. A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to division (A), the proprietor must: (1) Submit the license fee and application renewal form; and (2) Submit a signed affidavit affirming the proprietor: (a) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or (b) Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in § 125.120(A) of this chapter, before seeking renewal of the license. § 125.070 LICENSES NONTRANSFERABLE. (A) A tobacco retailer's license may not be transferred from one person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietor(s). (B) Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: (1) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and (2) The new proprietor(s) provide the city with clear and convincing evidence the new proprietor(s) have acquired or is acquiring the location in an arm’s length transaction. § 125.080 LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supercede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, including, without limitation, the zoning ordinance, building codes, and business license tax ordinance, or any condition or limitation on smoking in an enclosed place of employment pursuant to Cal. Lab. Code § 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of Cal. Lab. Code § 6404.5. § 125.090 FEE FOR LICENSE. The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the City Council. The fee shall be annual and shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. § 125.100 COMPLIANCE MONITORING. (A) Compliance with this chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this chapter. The city may designate any number of additional persons to monitor compliance with this chapter. (B) The Department or other person designated to enforce the provisions of this chapter shall check the compliance of each tobacco retailer at least as often as established by the Chief Executive Officer which could be as often as three times per a 12-month period. The Department may check the compliance of tobacco retailers previously found to be in compliance a fewer number of times so the Department may check the compliance of new licensees and tobacco retailers previously found in violation of the licensing law more frequently. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents. (C) Compliance checks shall be conducted so as to allow the Department to determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with laws regulating youth access to tobacco. When the Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing. (D) The city shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when: (1) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city; (2) The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this chapter; or (3) The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Los Angeles County Health Department or the California Department of Health Services. § 125.110 REVOCATION OF LICENSE. (A) Revocation of license for violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in § 125.020 above. (B) New license after revocation. (1) After revocation for a first violation of this chapter at a location within any five- year period, no new license may issue for the location until ten days have passed from the date of revocation. (2) After revocation for a second violation of this chapter at a location within any five- year period, no new license may issue for the location until 30 days have passed from the date of last revocation. (3) After revocation for a third violation of this chapter at a location within any five- year period, no new license may issue for the location until 90 days have passed from the date of last revocation. (4) After revocation for four or more violations of this chapter at a location within any five-year period, no new license may be issued for the location until five years have passed from the date of the last revocation. (C) Appeal of revocation. A decision of the Department to revoke a license is appealable to the Chief Executive Officer and must be filed with City Clerk within ten days after mailing of the Department's decision. If such an appeal is made, then it shall stay enforcement of the appealed action. An appeal to the Chief Executive Officer is not available for a revocation made pursuant to division (D) below. The decision by the Chief Executive Officer shall be the final decision of the city. (D) Revocation of license wrongly issued. A tobacco retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, one or more of the bases for denial of a license under § 125.050 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the city. Such a revocation shall be without prejudice to the filing of a new license application. § 125.120 TOBACCO RETAILING WITHOUT A LICENSE. (A) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, then the person shall be ineligible to apply for, or to be issued, a tobacco retailing license as follows: (1) After a first violation of this section at a location within any five-year period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 30 days have passed from the date of the violation. (2) After a second violation of this section at a location within any five-year period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 90 days have passed from the date of the last violation. (3) After of a third or subsequent violation of this section at a location within any five- year period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until five years have passed from the date of the last violation. (B) Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this section are subject to seizure by the Department or any peace officer and shall be forfeited after the licensee and any other owner of the tobacco products and tobacco paraphernalia seized is given reasonable notice and an opportunity to demonstrate the tobacco products and tobacco paraphernalia were not offered for sale or exchange in violation of this chapter. The decision by the Department or peace officer may be appealed pursuant to the procedures set forth in § 125.110(C). Forfeited tobacco products and tobacco paraphernalia shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure § 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. (C) For the purposes of the civil remedies provided in this chapter, each day on which a tobacco product or tobacco paraphernalia is offered for sale in violation of this chapter or each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter. § 125.130 ENFORCEMENT. (A) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (B) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (C) Each violation of this chapter is subject to a civil action brought by the City Attorney, punishable by a civil fine not less than $250 and not exceeding $1,000 per violation. (D) Each violation of this chapter may, in the discretion of the City Attorney, be prosecuted as an infraction or a misdemeanor when the interests of justice so require. (E) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (F) Each violation of this chapter is hereby declared to be a public nuisance. (G) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative citation, judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. CITY OF BALDWIN PARK 14403 E. Pacific Avenue Baldwin Park, CA 91706 Phone (626) 960-4011 Fax (626) 214-9095 08/23/2021 Dear Baldwin Park Retailer, RE: Tobacco Product Sales You are receiving this notice as you registered to sell tobacco products in the City of Baldwin Park, California, by virtue of paying the tobacco license fee of $342.00 annually. This Notification is to inform you that the City Council of the City of Baldwin Park will be considering an Ordinance that would ban certain Flavored Tobacco products from retail within the City of Baldwin Park. The City Council will consider this at its regular meeting of Wednesday, September 1, 2021 at 7:00 p.m. The Council agenda will be published at least 72 hours before the meeting and can be viewed at http://www.baldwinpark.com. Please call the City’s Community Development Department at 626 960-4011, Ext. 481, if you have any questions. Thank you for your cooperation and time, Patty Jaime Patty Jaime City of Baldwin Park Senior Finance Clerk