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HomeMy WebLinkAbout2012 02 01NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, February 1, 2012 at 5:30 p.m. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. ► a • . . ► r Dated: January 26, 2012 Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on January 26, 2012. "4 Alejandra Avila City Clerk 1 '111111111 111,, SPECIAL MEETING Please note time change and meeting February 1, 2012 location 5:30 p.m. \ CITY HALL - oo Conference .o l 14403 EA S T PACIFIC BALDWIN PARK, - 91706 •. • 960-4011 Manuel Lozano Susan Rubio Marlen Garcia Monica Garcia Ricardo Pacheco , K - Mayor - Mayor Pro Tern - Council Member Council Member Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Pdblico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) minutos. Hay interpreter is available for your convenience. un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. ROLL CALL: Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE 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 CONC/LIO FAVOR DE NOTIFICAR A LA SECRETARIA S/ REQU/ERE LOS SERVICIOS DEL INTERPRETS No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION OF THE CITY COUNCIL 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Vince Greve Case No.: 2010106816 2010106952 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8 I a TOMMI, M_ Negotiating Parties: Under Negotiation: i�ffl NO •0 11" Me Vijay Singhal & Joseph Pannone D. C. Corporation Price and terms of payment 4. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Mark Adams and Chris Kuberry v. the City of Baldwin Park, et al. Case No. CV 12-00512 Properties: Situs APN Owner Address 8555-017-013 Meruelo Baldwin Park, LLC 13904 Corak St. 8555-017-021 Meruelo Baldwin Park, LLC 13853 Garvey Ave. 8555-017-026 Meruelo Baldwin Park, LLC 3060 Feather Ave. 8555-018-002 Meruelo Baldwin Park, LLC 13822 Garvey Ave. 8555-018-003 Meruelo Baldwin Park, LLC 13916 Garvey Ave. Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Meruelo Baldwin Park LLC and Kaiser Permanente Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION ADJOURNMENT CERTIFICATION I, Alejandra Avila, 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. January 26, 2012. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection of City Hall, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011; Ext. 466 or via e -mail at Fsalceda@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) I I �m :4 aem mo awl in 1 :15 1111 k, MIN February 1, 2012 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 9170q, (6 26) 960-4011 PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA 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. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al p6blico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio a alguna de sus Agencias, podr6 hacerlo durante e/ periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. T",„? CT 0 h mli 8,v U'f chrf "Q' !K" a CITY COUNCIL REGULAR MEETING — 7:00 PM CALL • ORDER INVOCATION PLEDGE OF ALLEGIANCE Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio and Mayor Manuel Lozano This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Community Development Commission, Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Certificate of Recognition to outgoing Planning Commissioner James Dexter 11 • Presentation by E2G2 PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRiGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista algClna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos Para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda — February 1, 2012 Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. MONTHLY FINANCIAL REPORT: DECEMBER 2011 Staff recommends that the City Council receive and file the December 2011 Monthly Financial Report. 3. CLAIM REJECTION Staff recommends City Council reject the claims of Roseann Solis and Pearl Solis and direct staff to send the appropriate notice of rejection to claimants. 4. REQUEST FOR APPROVAL OF RESOLUTION NO. 2012 -008 AND RESOLUTION NO. 2012 -009 Staff recommends City Council approve and adopt Resolution No. 2012 -008, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2011 -008 APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: DAVID L. MUSE TO OFFICE NO. 1 AND GEORGE (JORGE) SILVA TO OFFICE NO. 2 FOR A TERM TO EXPIRE JUNE 30, 2013 "; and Resolution No. 2012 -009 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -028 APPOINTING INDIVIDUALS TO THE RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: CECELIA D. BERNAL TO OFFICE NO. 1, MARTHA REYES TO OFFICE NO. 4, JOAN WATKINS TO OFFICE NO. 5 FOR A TERM TO EXPIRE JUNE 30, 2013; AND DESTINEY SINGLETON TO OFFICE NO. 6 (SVHS) FOR A TERM TO EXPIRE JUNE 30, 2012" 5. APPROVAL OF RESOLUTION 2012 -007 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SAFE DRINKING WATER, WATER QUALITY CONTROL AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) Staff recommends City Council adopt Resolution No. 2012 -007 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR THE GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY AND FLOOD CONTROL RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84)." City Council Agenda — February 1, 2012 Page 3 6. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE TELEVISION ACCESS SERVICES AND APPROPRIATION OF FUNDS FROM THE PUBLIC, EDUCATIONAL, AND GOVERNMENT (PEG) CHANNEL GRANT FUND Staff recommends City Council 1) Approve the one-year Professional Services Agreement for Video Production and Cable Television Access Services with Community Media of the Foothills; and 2) Direct the Finance Director to appropriate $34,300 from the PEG Channel Revenue account (270.00.000.46013.17510.2) to expenditure account 270.10.140.5110.17510.2. 7. TRAFFIC SIGNALS DESIGN STATUS — INTERSECTIONS OF BALDWIN PARK BOULEVARD/STEWART; AND FRAZIER STREET/FOSTER AVENUE Staff recommends City Council 1) Approve the transfer of funds from the DC Corp off- site improvement set aside to underground one wooden pole and to instead be used towards the traffic signal installation at Frazier Street and Foster Avenue; 2) Authorize staff upon completion of the design to advertise the traffic signal at Baldwin Park Boulevard and Stewart Avenue for construction bids; and 3) Authorize staff upon completion of the design to advertise the traffic signal at Frazier Street and Foster Avenue for construction bids. 8. ACCEPTANCE OF THE ROADWAY IMPROVEMENTS ON RAMONA A, 1-605 TO FRANCISQUITO AVENUE, FEDERAL PROJECT NO. ESPL-5323 (018) — FTIP NO.: LAES411, CONSTRUCTED BY SULLY-MILLER CONTRACTING COMPANY AND AUTHORIZATION TO RECORD THE NOTICE OF COMPLETION Staff recommends City Council 1) Accept the construction improvements by Sully-Miller Contracting Company and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of the retention funds remaining for Sully-Miller contracting Company upon expiration of the 35-day lien period for a total construction contract of $855,099. 9. ACCEPTANCE OF THE ROADWAY IMPROVEMENTS ON RAMONA B, FRANCISQUITO AVENUE TO MERCED AVENUE, FEDERAL PROJECT NO. ESPL- 5323 (019) — FTIP NO.: LAES411, CONSTRUCTED BY PAVEWEST CONTRACTING COMPANY Staff recommends City Council 1) Accept the construction improvements by PaveWest Contracting Company and authorize the recordation of a Notice of Completion; 2)Authorize the payment of $10,000 in retention funds to PaveWest Contracting Company upon expiration of the 35-day lien period. 10. AUTHORIZE TO ENTER INTO A LEASE AGREEMENT FOR THREE NEW COPY MACHINES Staff recommends City Council approve entering into a 60 months Lease of one dollar buy-out Agreement with CBE Office Solutions through De Lage Landen Public Finance LLC — State and Local Government Lease-purchase Agreement for three (3) copy machines. City Council Agenda — February 1, 2012 11. ORDINANCE AMENDING SECTION 10.19 OF THE MUNICIPAL CODE RELATING TO CLAIMS AGAINST THE CITY FOR MONEY OR DAMAGES Staff recommends City Council introduce on first reading Ordinance 1349 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 10.19 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CLAIMS FOR MONEY OR DAMAGES." 12. ORDINANCE AMENDING THE MUNICIPAL CODE PROHIBITING CLASS CLAIMS FOR REFUNDS OF UTILITY USER TAXES Staff recommends City Council introduce on first reading Ordinance 1350 entitled, "AN ZI ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SUBSECTION 35.108 D OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO CLASS CLAIMS AND REFUNDS OF THE UTILITY USERS TAX." .REPORTS OF OFFICERS SUCCESSOR AGENCY ITEMS CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion & direction to staff on the following: • To evaluate permitting leasing of buildings in the downtown area for office use and explore options to encourage prospective tenants to improve these office buildings. CERTIFICATION 1, Alejandra Avila, 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 72 hours prior to the meeting. Dated this 26th day of January 2012. /Z Alejandra Avila City Clerk City Council Agenda — February 1, 2012 PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Fiala, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011, Ext. 466 or via e -mail at Fsalceda @baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) City Council Agenda — February 1, 2012 Page 6 CITY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council FROM: Lorena Quijano, Finance Director DATE: February 01, 2012 SUBJECT: Warrants and Demands The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting-, the following is a summary of the payments released: 1. The payroll of the City of Baldwin Park consisting of check numbers 194377 — 194415. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 219541 — 219805 for the period of December 25, 2011 through January 07, 2012 inclusive; these are presented and hereby ratified, in the amount of $451,936.17. 2. General Warrants, including check numbers 189177 to 189310 inclusive, in the total amount of $421,384.61 constituting 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. 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The City's Fiscal Accountability Policy requires that a monthly financial report be presented to the City Council from October thru May. This financial report combines November 2011 and December 2011. DISCUSSION The Monthly Financial Reports provides the City Council and staff with a monthly budgetary status. These reports are especially importantly in light of the following: • The continued national economic crisis that the nation has suffered over the last three years. • As a result of declines in revenues, mainly related to police and simultaneous increases in certain costs, such as those resulting from the increased CALPERS rates, the City used General Fund reserves to balance its 2011 -2012 Budget during the budget process. • On December 29, 2011, the decision by the Supreme Court to abolish redevelopment agencies effective February 1, 2012. This decision was unexpected and will have adverse financial impacts on all cities, however, the extent of the impact is still being evaluated. Furthermore, at the time this report was written, there was legislation being proposed to extend the deadline from February 1, 2012 to April 15, 2012. Monthly Financial Report: December 2011 Page 2 The recovery from the economic crisis is slow and the decision from the Supreme Court will continue to impact revenues and expenses of the City and many local governments; therefore continued monitoring of the budget is imperative. The following is the Adopted Budget for the current year followed by a brief overview of revenues and expenses as of December 31, 2011: As noted above; the City estimated to use about $600;000 from its General Fund reserves. However, although there are no significant revenue trends, it is expected that expenditures will be lower than expected due to vacancies. The following provides a brief overview of both revenues and expenses as of December 2011. Revenues As of December 31, 2011, total revenues received are at 28% of the estimated receipts for the year (see table below for further details). For the most part, this revenue trend is expected since major revenues are received in the latter part of the year. These major revenues account for more for than 80% of total General Fund revenues, some of the revenues considered "major" are as follows: (1) Revenues such as Vehicle License Fees (VLF) in Lieu of Taxes are received later in the year. For example, the City receives two large payments for (VLF) in Lieu of Taxes (totaling about $6 million), one in January and the second in May. (2) Sales Tax for the year, which is based on a quarterly basis, does not start to come in until the end of September. (3) Transient Occupancy Tax and Utility Users Tax are received after the end of the quarter. (4) For several other revenues, receipts in the first two months of the year are generally accrued in the prior year. There are some revenues that have exceeded 50% of the budget (representing six months). It's important to remember that the collection or receipts are not uniform from month to month because of timing issues and variances in one period may not necessarily carry over from one period to another. For example, although the Engineering Fees shown below are at 121% of the budget it does not mean that collections will double by the end of the year. In fact, unless there are additional projects in the year, these revenues might not increase any further. FY 2012 Adopted Annual Budget Revenues (including Transfers In 23,663,050 Expenditures (including Transfers Out 24,252,780 Surplus Deficit 589,730 As noted above; the City estimated to use about $600;000 from its General Fund reserves. However, although there are no significant revenue trends, it is expected that expenditures will be lower than expected due to vacancies. The following provides a brief overview of both revenues and expenses as of December 2011. Revenues As of December 31, 2011, total revenues received are at 28% of the estimated receipts for the year (see table below for further details). For the most part, this revenue trend is expected since major revenues are received in the latter part of the year. These major revenues account for more for than 80% of total General Fund revenues, some of the revenues considered "major" are as follows: (1) Revenues such as Vehicle License Fees (VLF) in Lieu of Taxes are received later in the year. For example, the City receives two large payments for (VLF) in Lieu of Taxes (totaling about $6 million), one in January and the second in May. (2) Sales Tax for the year, which is based on a quarterly basis, does not start to come in until the end of September. (3) Transient Occupancy Tax and Utility Users Tax are received after the end of the quarter. (4) For several other revenues, receipts in the first two months of the year are generally accrued in the prior year. There are some revenues that have exceeded 50% of the budget (representing six months). It's important to remember that the collection or receipts are not uniform from month to month because of timing issues and variances in one period may not necessarily carry over from one period to another. For example, although the Engineering Fees shown below are at 121% of the budget it does not mean that collections will double by the end of the year. In fact, unless there are additional projects in the year, these revenues might not increase any further. Monthly Financial Report: December 2011 Page 3 The following table provides an overview of various General Fund revenues as of December 2011: General Fund Revenues 2011/2012 Category Adopted Annual Budget YTD Revenue % of Adopted Budget Collected Motor Vehicle Fees in Lieu of Taxes 6,238,400 0 0% Sales Tax 5,025,000 1,333,454 27% Property Tax 3,120,000 1,074,969 34% Utility Users Tax 2,450,000 956,568 1 39% Franchisee Fees I 1 Rrn nnn :,vvv,�•vv 1,218,0863 66% Other Revenue 1,236,350 578,489 47% Vehicle Code Fines 771,000 255,553 33% Business License Tax 580,000 286,196 49% Construction Permits 500,000 278,543 56% Parking Citations * 370,000 73,131 20% Building Plan Check Fees 290,000 116,497 40% Transient Occupancy Tax 225,000 31,352 14% Facility Rental 200,000 71,166 36% Vehicle Release Fees * 168,000 74,681 44% Franchise Fees - Police * 156,000 39,533 25% Truck Parking Citations * 155,000 22,626 15% Code Enforcement Cites 85,000 17,412 20% Permit Issuance Fees 75,000 40,492 54% Recreation Fees 71,300 41,201 58% Zoning Fees 40,000 15,137 38% Subdivision Fees 20,000 0 0% Engineering Fees 20,000 24,171 121% Design Review Fees 17,000 8,850 52% Total *Relates to Police Revenues 23,663,050 6,558,107 28% There are other revenues that are also below 50% such as police revenues that will be monitored closely since it appears that these might come in lower than projected. However, as noted below, the Police budget is also under budget and these savings are anticipated to cover potential revenue deficiencies. At this time, we will continue to monitor all revenues closely and will appraise the City Council of any major changes. Monthly Financial Report: December 2011 Page 4 Expenditures Based on available trends, General Fund expenditures are at 47% as noted below: General Fund Expenditures by Category 2011/2012 (Target 50 %) Category Adopted Annual Budget Expenditures as of December 2011 %® of Adopted Budget Used Personnel 17,732,660 8,738,529 49% Maintenance 2,601,270 1,210,802 47% Contractual 2,475,900 927,761 37% Capital 115,000 40,692 35% Transfers Out 1,327,950 455,940 34 % Total 24,252,780 11,373,724 47%_1 General Fund Expenditures by Department 2011/2012 Category AJ..._ beJ ewvij LU Annual Budget C�-�— __J:6....�n .: a- 2 GR pUnURUleS d9 li December 2011 12/ .0 AJ= — i6 UI MUUP €VU Budget Used Administration 603,510 249,480 41% Human Resources 212,700 100,199 47% Community Development 933,780 488,764 52% Police 16,690,590 7,860,405 47% Finance 1,406,230 632,814 45% Public Works 191,430 102,813 54% Recreation 2,886,590 1,483,309 51% Transfers Out Bond Pa menu 1,327,950 455,940 34% Total 24,252,780 11,373,724 47% As of December 31, 2011, 50% of the year has elapsed and the Year -to -Date expenditures should be at or below 50 %; however, expenditures are paid in arrears and as a result several categories and departments will have expenditures lower than 50% of the budget. Other departments might be at higher levels because projects were scheduled to be completed at the beginning of the year and /or because bond payments are paid in the first quarter. Based on current personnel expenditure levels, the city expects a better than expected financial performance and we are hoping that we will not have to use all of the reserves as projected when the budget was adopted. Most of the savings are from personnel costs, including savings from sworn vacancies. In addition, the above "transfers out" category includes transfers for bond payments, to subsidized funds (Park Maintenance District and Summer Lunch), and to the redevelopment agency for administrative costs, which will be eliminated effective February 1, 2011. Based on current information available, it is expected that the additional cash impact to the General Fund will be about $100,000; however, we are still analyzing the impacts. We will be providing a detailed report of our revenues, expenditures and proposed changes in a detailed Mid -year budget report within the next month. Monthly Financial Report: December 2011 Page 5 Summary The condition of the national, state and local economies has not improved and the recovery from the greatest recession is sluggish. The elimination of the redevelopment agencies will slower the economic recovery even further for the agencies affected and it is still unknown what other unintended consequences will result from this decision. We will receive major revenues, such as sales tax and property tax, at the end of January and May 2012. At that time, we will have better trends in order to analyze if the economy will continue to impact City revenues. In the meantime, staff will continue to monitor the trends and will recommend budget changes as deemed necessary in the upcoming Fiscal Year 201112012 Mid-Year Budget. None Staff recommends that the City Council receive and file the monthly financial report for the period ended December, 2011. TO: FROM: DATE: Rilf 118-Wkwo -91Tq.-6-L;T-= • CITY COUNCIL AGENDA ITEM NO, AGENDA STAFF REPORT This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. 11.M, mi noun, iaV &-mim reg � In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of a motion and that the claimants are sent written notification of said action. Staff recommends City Council reject the claims of Roseann Solis and Pearl Solis and direct staff to send the appropriate notice of rejection to claimants. Attachment(s) Claim filed by: • Solis, Roseann DOL 2/4/2011 • Solis, Pearl DOL 2/4/2011 ATY OF BALDWIN PARK BALDWIN CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) Clerk's 641cial Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) N/ A 1. Name of Claimant RoseAnn Solis 5. Claimant's Occupation N1 2. Home Address of Claimant Ad See Attacbed 6. Home Telephone Number I See Attached I business Address of Claimant 7. Business Telephone Number AT / 7% 8. Name and address to which you desire notices or communications to be sent regarding this claim: Michael Reiter, Attorney at Law, 1255 W Colton Ave #104 Redlands CA 92374 9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: See — Time: Atfarhed— Name Department If claim is for Equitable Indemnity, give date claimant Alexander Mercado P o l i (-P served with complaint: 11. Where did DAMAGE or INJURY occur? See Attached 12. Describe in detail how the DAMAGE or INJURY occurred. See Ahinachba 13. Were police or paramedics called? Yes ❑ No ❑ 14. If physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes ❑ No ❑ name, address and phone number: If yes, what is the Report No? See Attached See Attached 1 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) See Attached 15. List damages incurred to date? See Attached 16. Total amount of claim to date: $_ Basis for Computation: Limited Civil Case: F-1 Yes nx No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: Basis for Computation: See Attached 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name See Attached Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf, relationship to claimant and date: I hereby certify (or under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. Attorney Michael Reiter 12/15/201 Signature Relationshi to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form I (Rev 7/06) is rc Ccl R�,,, 7.1c d- 2 3 4 5 6 7 8 9 av 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael Reiter (State Bar No. 197768) Attorney at Law 1255 West Colton Avenue, Suite 104 Redlands, California 92374 (909) 708-6055 michael@michaelreiterlaw.com Attorney for Claimant, RoseAnn Solis. VS. corporation, Claimant Respondent CLAIM FOR INJURY TO PERSON [GOVERNMENT SECTIONS 910, ET SE".1 0 V1 1. NAME AND POST OFFICE ADDRESS OF CLAIMANT (Government Code section 910(a)): RoseAnn Solis 865 Kimberly Avenue Redlands, CA 92374 2. THE POST OFFICE ADRESS TO WHICH THE PEOPLE PRESENTING THE CLAIM DESIRE NOTICES TO BE SENT (Government Code section 910(b)): Michael Reiter, Attorney at Law 1255 West Colton Avenue, Suite 104 Redlands, CA 92374 Telephone: (909) 708-6055, Electronic Mail: michael@michaelreiterlaw.com. 3. THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE WHICH GAVE RISE TO THE CLAIM ASSERTED (Government Code section 910(c)): This claim arises out of an attack by a police dog owned by the City of Baldwin Park, handled by its employee, City of Baldwin Park canine officer Alexander Mercado, on February 4, 2011, in the 800 block of Kimberly in the City of Redlands, San Bernardino County, California. Officer Mercado was holding the active police dog at the home of Officer Mercado. Officer Mercado gave permission to Claimant's minor daughter, Pearl Solis. to pet the dog. Claimant RoseAnn Solis was at present and witnessed the attack. The dog lunged for-ward and bit Claimant's daughter, Pearl Solis, lacerating her lip. The dog had just come from training where it had been attacking live human targets. Officer Mercado was cited by the City of Redlands, San Bernardino Superior Court case G139449AM for failure to license his dogs. Officer Mercado dissuaded Claimant and Claimant's family from reporting the incident to the City of Baldwin Park for fear of disciplinary action. GOVERNMENT CLAIM l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael Reiter, Attorney for Claimant, Pearl Solis By: � � GOVERNMENT CLAIM To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 2006 1. Name of Claimant 5. Claimant's Occupation ',-:'earl Solis Minor 2. Home Address of Claimant 6. Home Telephone Number See Attached e See Attached 'J r) A A J . uusine ss Add ressoludifildlit t. Business Telephone Number N/A N/A 8. Name and address to which you desire notices or communications to be sent regarding this claim: Michael Reiter, Attorney at Law, 1255 W Colton Ave. #104 Redlands 9237 9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: See —Time: —Attached Name Department If claim is for Equitable Indemnity, give date claimant Alexander Mercado PC)l i r-e served with complaint: 11. Where did DAMAGE or INJURY occur? See Attached 12. Describe in detail how the DAMAGE or INJURY occurred. See Attached 13. Were police or paramedics called? Yes 0 No 0 14. If physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes 0 No 0 name, address and phone number: If yes, what is the Report No? See Attached Not requd)ered by Government Code I — 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) See Attached 15. List damages incurred to date? See Attached 16. Total amount of claim to date: $ Basis for Computation: - Limited Civil Case: ❑ Yes ® No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ — Basis for Computation: See attached. 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name See Attached Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimants behalf-, relationship to claimant and date: I hereby certify (or declare) under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. 4 Michael Reiter 12/15/2011 Attorney _§i qnaf ure Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7106) 2 Attorney for Claimant, Pearl Solis 6 7 PEARL SOLIS, an individual, 8 Claimant vs. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY • BALDWIN PARK, a municipal corporation, Respondent CLAIM FOR INJURY TO PERSON [GOVERNMENT SECTIONS 910, ET 1. NAME AND POST OFFICE ADDRESS OF CLAIMANT (Government Code section 910(a)): Pearl Solis 865 Kimberly Ave. Redlands, CA 92374 GOVERNMENT CLAIM I 2 ] 4 5 6 7� 8� 9 10 II 12 13 � 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Government Code section 91 O(e)): Alexander Mercado. By: Michael Reibi4v � � GOVERNMENT CLAIM CITY COUNCIL AGENDA To approve Resolution No. 2012 -008 and Resolution No. 2012 -009. On December 14, 2012 the City Council appointed commission members to the Planning Commission and the Recreation and Community Services Commission and directed staff to further advertise for the Housing Commission and the Personnel Commission. The attached Resolutions are to formalize those appointments. FISCAL IMPACT RECOMMENDATION Staff recommends City Council approve Resolution No. 2012 -008, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2011 -008 APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: DAVID L. MUSE TO OFFICE NO. 1 AND GEORGE (JORGE) SILVA TO OFFICE NO. 2 FOR A TERM TO EXPIRE JUNE 30,2013" Staff recommends City Council approve Resolution No. 2012 -009 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -028 APPOINTING INDIVIDUALS TO THE RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: CECELIA D. BERNAL TO OFFICE NO. 1, MARTHA REYES TO OFFICE NO. 4, JOAN WATKINS TO OFFICE NO. 5 FOR A TERM TO EXPIRE JUNE 30, 2013; AND DESTINEY SINGLETON TO OFFICE NO. 6 (SVHS) FOR A TERM TO EXPIRE JUNE 30, 2012" Staff Report — Commission Appointments Page 2 ATTACHMENTS Attachment A — Resolution No. 2012-008 Attachment B — Resolution No. 2012-009 RESOLUTION NO. 2012-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2011-008 APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: DAVID L. MUSE TO OFFICE NO. 1 AND GEORGE (JORGE) SILVA TO OFFICE NO. 2 FOR A TERM TO EXPIRE JUNE 30, 2013 WHEREAS, the Planning Commission consists of five (5) members and members are appointed to a two-year term on a staggered basis; and WHEREAS, Planning Commissioners James Dexter 11 and David L. Muse terms in Office Nos. 1 and 2 expired on June 30, 2011; WHEREAS, a ni ihfir- Notice of \/Ar,,qnr.v Wa_q nnqtPrj for a minims im of 10 -days at three locations within the city, was posted on the marquees at Morgan Park and the Tpgnn (anfpr \/vnq nnctnri nn the ritx/'4Z \ 9mh - Af -qitP n-_ \A/fall as in thin r)ntohar 2011 ices a of the NOW. The deadline for submission was Thursday, November 17, 2011 at 5:00 p.m. WHEREAS, the City Council desires to fill the -scheduled vacancy of Office No. 1 and 2; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.67, appointments to Office Nos. 1 and 2 were made and are documented by this Resolution for a term expiring June 30, 2013. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. On December 14, 2011, the following named persons were appointed as members of Office Nos. 1 and 2 and such appointees shall hold office at the pleasure of the City Council and serve for the term as follows: Office 1 — DAVID MUSE Office 2 — GEORGE (JORGE) SILVA Office 3 — RALPH GALVAN Office 4 — NATALIE YBARRA Office 5 — ANGELA ALVARADO for the term to June 30, 2013 for the term to June 30, 2013 for the term to June 30, 2012 for the term to June 30, 2012 for the term to June 30, 2012 Resolution No. 2011 -008 Page 2 Section 2. The City Clerk shall certify to the adoption of this Resolution and forward a copy of this Resolution to Commission appointees and a copy to the Commission secretary. PASSED, APPROVED and ADOPTED this 1 ST day of February 2012. 1/ G • .qTATF nF r:AI IFnPKIIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a meeting of the City Council on February 1, 2012 by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio, and Mayor Manuel Lozano NONE NONE RESOLUTION NO. 2012 -009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -028 APPOINTING INDIVIDUALS TO THE RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: CECELIA D. BERNAL TO OFFICE NO. 1, MARTHA REYES TO OFFICE NO. 4, JOAN WATKINS TO OFFICE NO. 5 FOR A TERM TO EXPIRE JUNE 30, 2013; AND DESTINEY SINGLETON TO OFFICE NO. 6 (SVHS) FOR A TERM TO EXPIRE JUNE 30, 2012 WHEREAS, the Recreation and Community Services Commission consists of 1_L .1 L_._� d td: RI__ .0 through L_-9 two-year eight members and members of Office 114 f through 5 are appointed to a two -year term and members of Office Nos. 6 through 8 (Student Commissioners) are appointed I J to a one-year Le hi; dnU WHEREAS, Recreation and Community Services Commissioners Cecelia D. Bernal and Martha Reyes terms in Office Nos. 4 and 5 expired on June 30, 2011; WHEREAS, a public Notice of Vacancy was posted for a minimum of 10 -days at three locations within the city, was posted on the marquees at Morgan Park and the Teen Center, was posted on the city's website as well as in the October 2011 issue of the NOW. The deadline for submission was Thursday, November 17, 2011 at 5:00 p.m. WHEREAS, the City Council desires to fill the scheduled vacancies of Office Nos. 1, 4, 5, 6, 7 and 8 WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.37, appointments to Office Nos. 1, 4, 5 were made and are documented by this Resolution for a two -year term, expiring June 30, 2013, and appointment to Office No. 6 was made and is documented by this Resolution for a one -year term expiring June 30, 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. On December 14, 2011, the following named persons were appointed as members of Office Nos. 1, 4, 5, and 6 respectively and such appointees shall hold office at the pleasure of the City Council and serve for the term as follows: • L r BERNAL 'R' • ' LOPEZ A for the term expiring June 30, 2013 for the term expiring June 30, 2012 for the term expiring June 30, 2012 for the term expiring June 30, 2013 for the term expiring June 30, 2013 Office 6 — DESTINEY SINGLETON for the term expiring June 30, 2012 Sierra Vista High School Student for the term expiring June 30, 2012 Baldwin Park High School Student for the term expiring June 30, 2012 North Park High School Student Section 2. The appointments to Office Nos. 7 & 8 (BPHS & NPHS, respectively) are deferred until such time as nominations are received from the schools. Section 3. That the City Clerk shall certify to the adoption of this Resolution and forward a copy of this Resolution to Commission appointees and a copy to the Commission secretary. f-i A S f� r- r-. , A M M M e-% % A r-% f-A M-r r- r4 r- nn.4 n rM 01MU MrrMUV'rErU'% and MuUt- I CLj on February 1, /-V 14. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council February 1, 2012 by the following vote: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK Marlen Garcia, Monica Garcia, Ricardo Pacheco, M-1-1 -r-- M-k;- CAYVI Pro I E;1 I I MULAO, and Mayor Manuel Lozano H6001 I ON Lei 011 Approval of Resolution 2i it •• o • the application for grant funds •.- the Safe Drinking Water, - Quality • • and Q11 pply, Flood Control, Rhpar and Costal Protection (Proposition 84). s.. .- O _. This report requests City Council approval of the Application for the Grant Funds for the Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality Control and Supply, Flood Control, River and Costal Protection Bond Act of 2006 (Proposition 84). The State of California has provided funds to assist California cities in implementing a variety of Statewide objectives to improve air quality, promote compact development and water conservation and to promote energy efficiency. The City of Baldwin Park has been on the cutting edge of a variety of sustainability efforts for both the environment and physical well -being of our residents. Those efforts included a broad range of policies and regulations relating to energy efficiency partnerships, partnerships with CA Center of Public Health Advocacy, and transportation and mobility partnerships (such as ride - share, bikeways,). However, the City does not have an overall comprehensive framework, including goals and policies document to facilitate future additional efforts toward environmental and well -being sustainability. As such, the City is proposing a sustainability element to the General Plan which will bring together the City's existing environmental and well -being products and future efforts. Further, the proposal would also include tools such as the acquisition of a Geographic Information System (GIS) and the development of a bike master plan. At this time, it is too early to estimate the exact amount of grant requested; however, preliminary discussion and the expected volume of work to be undertaken place this grant in the $350,000 range. Sustainable Communities (Prop. 84) Grant Application February 1, 2012 Paae 2 of 2 The submission deadline for this grant proposal is February 15, 2011. The general Fund will not be impacted. The City has contracted with Evan BrooksAssociates (EBA) to prepare the grant application. The contracted amount is $8,500.00 and will be paid from the General Plan Fee. This report has been reviewed and approved by the City Attorney's Office as to legal form and content. adopt 2012-007 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR THE GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY AND FLLLODCONTROL, RIVER AND COSTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84)." ATTACHMENT Attachment #1, Resolution 2012-007 C:\Amy\AMY\W0RD\Reports\Counci1 Reports\Sustainable Cities Prop 84 Grant #3,doc CMmy\AMY\WORD \Reports \Council Reports \Sustainable Cities Prop 84 Grant #2.doc RESOLUTION 2012 -007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY AND FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) WHEREAS, the Legislature and Governor of the State of California have provided funds for the Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84); and WHEREAS, the Strategic Growth Council has been delegated the responsibility FP,, k4on_ nrlrs�se. 4rreiev�rs ^f i-k;S rirnn+ nrs�rarnm acioh�i�+i'ais'!!'4 n ®`®c- ccgree nr -le—n iYe�' a ivi Ei iv QI.Ai B 911 i5�3Ei CAu%Ji 6 Vi ii :iv �i G w ii �.:i :.: i e..i6 i i, s�::<+::u>0'v 63: :y+ -- Mid F, - w.s, .. WHEREAS, said procedures require all award recipients commit to threshold requirements; and WHEREAS, said procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicant's 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 development of the proposal: NOW, THEREFORE, the City Council of the City of Baldwin Park hereby RESOLVES as follows: SECTION 1. The filing of an application for the inclusion of a Sustainability Element to the City's General Plan (the "Proposal "), in order to become a more sustainable community, is approved. SECTION 2. The City Council certifies, if the grant is awarded, it will have sufficient funds to develop the Proposal or will secure the resources to do so. SECTION 3. The City Council certifies The Proposal will comply with any applicable laws and regulations including being consistent with the State's Planning Priorities identified in Government Code section 65041.1 and summarized below: a) Promote infill development and invest in existing communities, Sustainability Grant Application (Prop 84) February 1, 2012 Paqe 2 b) Protect, preserve and enhance agricultural land and natural resources and c) Encourage location and resource efficient new development. SECTION 4. The City Council certifies threshold requirements outlined in the guidelines, including consideration of Ocean Protection Council Sea Level Rise Guidance will be met.' SECTION 5. The City Council agrees to reduce, on as permanent a basis as feasible, greenhouse gas emissions consistent with California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 3850) of the Health and Safety Code); any applicable regional plan. SECTION 6. The City (ni inr_-il arirainz to meet the Collaboratinn Pani iir ments of .1, ---- agrees —.-- — - . the focus area applicable to the Proposal; and includes all required documents in the SECTION 7. The City Council authorizes the Mayor and Chief Executive Officer to sign any and all agreements and documents required to procure the funding if the Grant is awarded. SECTION 8. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Planning Secretary and the Applicant. PASSED AND APPROVED this 1 st day of February 2012. MANUEL LOZANO, MAYOR ATTEST: ALEJANDRA AVILA, CITY CLERK C:\Amy\AMY\WORD\ResolutionsOrdinances\CounciI Resoiutions\Sustainable Cities Grant Prop 84 #2.doc Sustainability Grant Application (Prop 84) February 1, 2012 Paqe 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK ) 1, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on February 1, 2012, by the following vote: NOES- COUNCIL KAF—MBFR.(;- ABSENT; rOUNCll MEMBERS: M 2 MAI 101 11�091 4 1 ilk Lei I ALEJANDRA AVILA CITY CLERK C:\Amy\AMY\WORD\ResolutionsOrdinances\CounciI Resolutions\Sustainable Cities Grant Prop 84 #2.doc CITY COUNCIL AGENDA SUBJECT: Request for approval of a Professional Services Agreement for Video Production and vaNlag. Tvlevi�ivn s�- cVesv ve, Y ®�VG�7 and app V�.,/I IQ61Vn of funds from the Public, Educational. and Government (PEG) Channel Grant Fund. A request for City Council approval of a Professional Services Agreement for Video Production and Cable Television Access Services with Community Media of the Foothills and appropriation of funds from the Public Educational, and Government (PEG) Channel Grant Fund. PEG Channel Background On July 5, 2006, the City approved a Memorandum of Understanding (MOU) with the CAC Exchange II, LLC which relates to the terms and conditions upon which the existing cable television franchise, currently controlled by Time Warner Inc., would be renewed. The two key elements of the MOU are the updated franchise term which, according to the MOU would terminate on December 31, 2016 and the on -going PEG Channel support during the franchise term. The MOU provides for an initial one -time Public, Educational, and Government (PEG) Access Grant and on -going PEG Grants. Both types of Grants are based upon the number of Time Warner Subscribers. In accordance with the MOU, the City's initial, one -time PEG Access Grant was based on the number of subscribers as of December 31, 2006; at that time the City was paid $28.00 for each subscriber for a total of $88,844.00. Since January 1, 2007, the City receives quarterly payments for the on- going PEG Grants. These on -going PEG Grants are paid quarterly, on a per subscriber basis at $.50 per subscriber. The City averages, between 2,500 and 3,000 Time Professional Services Agreement — Video Production and Cable Television Access Services February 1, 2012 Paae 2 Warner Cable subscribers per month. On average the City receives quarterly on -going PEG Grant payments of approximately $4,000 or about $16,000 per year. In 2006, the Digital Infrastructure and Video Competition Act (DIVCA) was adopted and became effective January 1, 2007. DIVCA established a new state franchising framework for cable operators. For the City of Baldwin Park, Time Warner opted into the state franchise and now operates its cable services under DIVCA. Notably, pursuant section 5870(k), Time Warner is required to continue paying the PEG fees in accordance with the local franchise until such time as the local franchise would have expired. Per the MOU entered into between the City and Time Warner (the governing local franchise document) the local franchise would expire in 2016. More importantly, the MOU entered into between the City and Time Warner provides that the City is free to !!fie 9th pEG mnr1P \!c fllr both rvanital ar d nnn_r��r,i +�! r ncu+c including c +�ffe ,r �,r .4 js api capital co tai stalli itg, a u operational costs. Accordingly, all PEG monies received from Time Warner, as well as all rnnnl�C rpr- pi!/ ®r! ht/ Tim-,= \A /nrner i intil OnI R mnd h� e sc-�� 4 r frtr #4-? -- - 4- d ... a,.:.;c,:v :.�. --.. -_ -1 1-I— :_ - :. - ® _ -:v ago Y .. _ u.3 e+u Lv pay ii>0 ti iG v�i.'9i Of Ui proposed services agreement. To date, the City has spent approximately $14,000 on PEG Channel equipment and purchased programming. Equipment purchased includes a video server and hard drive, DVR/VHS recorder /playback machines, and a scan converter. DISCUSSION PEG Channel Benefits There are significant PEG Channel broadcasting benefits, most particularly, outreach to the residents of Baldwin Park. Outreach programming can include, public hearing notices for City Council and all Commissions, advertisements for recreational opportunities, city events, including concerts in the park and events at the Arts and Recreation Center, and playback of taped City events such as the Anniversary Parade. Any proposed broadcasting, policies or procedures will be in accordance with state and federal laws governing PEG channel programming. In February, 2010 the City Council authorized staff to prepare and circulate a Request for Proposals for specialized firms that can manage the City's PEG Access Cable Channel. As a result of that RFP, the City received three responses. The lowest responsible bidder was Community Media of the Foothills (CMF). Community Media of the Foothills — Background Community Media of the Foothills (CMF), a not for profit organization, was originally founded in 1984 by the City of Monrovia to promote artistry and expression, freedom of speech and civic pride by use of community media such as the Public, Educational, and Governmental (PEG) Channel that is required to be provided by the respective cable franchisee in each city. CMF has managed several PEG Channels in various C:\Hmy\AMY\WORD \Reports \Council Reports \PEG Channel Contract Approval #3.DOC Professional Services Agreement — Video Production and Cable Television Access Services February 1, 2012 Paqe 3 communities, in addition to Monrovia, including Temple City, San Marino, and Sierra Madre. CMF has a nine member Board of Directors and does not and will not include any elected official from any City served by CMF. Eight (8) Elected Director's shall serve staggered two (2) year terms, and the remaining one (1) appointed Director serves a one (1) year term. (Reference Attachment #2 for details.) CMF employees include the Executive Director, Operations Manager and In -House Producer. Each have years of field experience in programming, producing, and editing. CMF also utilizes trained staff to film and produce events in the various communities and edit the raw footage for viewing on the PEG Channel. Professionai Services Agreement Summary In June 2010, the City Council approved the issuance of a request for oroposals which included a broad scope of services related to the City's PEG Channel including but not limited to a proposed on -going management and programming plan of the PEG Access Channel and the development of policies related to programming the PEG Access Channel. Specifically, in addition to the services stated above related to overall PEG Channel management, the City has determined it needs professional services from CMF to provide professional video production services and cable television access services to the City for City sponsored events or co- sponsored events. These services may include playback/cablecasting of events, producing public service announcements and programs for the PEG Channel and recording and producing special City events. For the term of the one -year contract, the total cost is $34,300.00. (Reference Section 5m, page 4 of Attachment #1.) For the duration of the contract, CMF has agreed to provide the City with a variety of one -time services that will assist with the overall PEG Channel management. These services include the following. (Reference Exhibit "A" of Attachment #1 for additional specificity): (1) Develop and maintain rules, policies, and procedures for the City's PEG Channel and enforce said rules for the duration of the contract; and (2) Provide applicable locally produced governmental or educational content and public service announcements from LA County, other public agencies, non - profits and surrounding cities in accordance with governing rules, policies and guidelines; and (3) Provide a monthly updated programming schedule; and (4) Oversight of live online stream of channel content; and C: \Amy\AMY\WORD \Reports \Council Reports \PEG Channel Contract Approval #3.DOC Professional Services Agreement — Video Production and Cable Television Access Services February 1, 2012 Page 4 (5) Production Services are also part of the contract and will include CMF shooting, editing and cabelcasting the following: - -ten (10) City Special Events each up to one (1) hour long; and - -six (6) public service announcements; and - -two (2) one -hour long shows for the term of the contract. (Reference Exhibit "B" of Attachment #1 for proposed list of events.) Since there are several one -time services provided with this contract such as development of rules, policies and procedures for the PEG Channel, it is anticipated that in future years, the contract price will be reduced. It shni j1d be noted that the contract term IS for one year and after that the contract may 1_ L___ ! 3_._ the 1 1 °L °_._e 'LEe ImLL._._ L -1 Le. the be extended under tine same terms and condi ions with a letter agreement signed by the CitX/ and MAP Any rnntrant extensinns -,hall he sLIh,ect tr) revieene anri annroval by the City Council. In addition, the agreement has a requirement that the City meet the good cause standard if it seeks to terminate the contract during the first year. While, the City agreements do not typically require good cause to terminate a services contract, in this case the vendor has argued that good cause is necessary to ensure it will have the financial security for the personnel and equipment to fully perform under the contract. As a compromise, the agreement provides that termination upon good cause is only necessary during the first year of the contract. After that, the City may terminate the contract for any reason. This report has been reviewed and approved by the City Attorney's Office as to legal form and content. There will be no impact to the City's General Fund. PEG Access Grant money can be utilized for capital and non - capital expenditures related specifically to the PEG Cable Access Channel. Staff recommends that the City Council: (1) Approve the one -year Professional Services Agreement for Video Production and Cable Television Access Services with Community Media of the Foothills; and C:\Amy\AMY\WORD \Reports \Council Reports \PEG Channel Contract Approval #3.DOC Professional Services Agreement— Video Production and Cable Television Access Services February 1, 2012 Page 5 (2) Direct the Finance Director to appropriate $34,300 from the PEG Channel Revenue account (270.00.000.46013.17510.2) to expenditure account 270.10.140.5110.17510.2 #1, Professional Services Agreement for Video Production and Cable Television Access Services #2, Community Media of the Foothills Bylaws Report Prepared by: Amy L. Harbin, AICP, City Plarm <*W CAArny\AlvIY\WORD\Reports\CounciJ Reports\PEG Channel Contract Approval #3.DOC Ilk C:\Amy\AMY\WORD \Reports \Council Reports \PEG Channel Contract Approval #3.DOC -PROFESSIONAL SERVICES AGRE EMENT FOR VIDEO PRODUCTION AN11 CABLE TELEVISION ACCESS SERVICES This Professional Services Agreement ("Agreement") is entered into 6v and between the City nfBaldwin Park, uCalifornia municipal corporation (Y]tv) and Community Media ofthe Foothills, a California Nonprofit Corporation ("CMF"). A. City has determined it requires ' the following pzofeaokonuI services from CMF to provide professional video production services and cable television access services to the City nf Baklp/b` Park for all City sponsored or co-'sponsored events. Such aoviucm may include: 'l` pl—'ao'l�-./oubleomatio�4, ''^ producing Public Service Announcements —SAu) and programs Oor City`o�oblic,E�dnoobonulnod(�o�oroozcmt[PfI��/\ccuaaobunn�l�(3)r�oozdio��od�rcdocin� City Special Events; (4) acting una liaison and ouadvocate for City when authorized by the City Lodo so. (5) managing the City's PEG Access channel. B. CMF repr000u10 it is fully guuIiIlod to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. CMF further represents that it is willing to accept reg;000ihdih/ for performing such services in accordance with the terms and conditions set forth iu this Agreement. NOW, THERE FORE, for and io consideration of the mutual covenants and conditions set forth in this Agreement, City and CMF agree as bnDnvvo: SECTION 1: TERM The 1ornz of this Agreement in one year cozorooucioA on February l, 2012 and terminating on January 31, 2013 ooloao extended by written ugreoozezd of the pudinm or ieonioo1ed earlier io accordance with the express terms of this Agreement. SECTION 2: EXTENSION OF AGREEMENT This Agreement may be renewed or extended pursuant to the following process: 2,1 CMD, and City may seek an extension of this /\groecucoi by submitting on or before December IaLu letter nfintent requesting extension to the other party. � .b%.2 Onmz before the iozu�cdio1olytbllnvvingJanuary lat` C�IF and City shall respond zon/ougto the other party's written request for extension. 2.3 If both CMF and City agree to extend this Agreement under the terms and conditions set forth iu this Agreement, tboo the renewal period shall commence automatically on the immediately following February l`tprovidod u letter signed by both parties acknowledges that extension. If the parties agree 10 extend the z\groez000t but with obuugcu to the type or scope of services to be performed and the oozuynouutiou fbr those Basic or Supp]oruoo\ol Services, then the parties shall execute an amendment setting forth those changes and each such amendment shall become u part o[ this Agreement. Page I of 10 3.1 Play b ack/Cablecast. CM 1, will provide for the playback/cablecasting of programs on the PEG access channels and will maintain an online programming guide based upon programs scheduled to play. City's bulletin board, if any, will be maintained by City and is not a responsibility of CMF. 3.2 Programs. 3.2.1 During the contract year, CMF shall shoot, edit and cablecast: a. ten (10) City Special Events each up to a maximum of one hour long; b. six (6) PSA's each up to a maximum of ten minutes long; and c: two one hour long shows. 3.2.2 Such programs shall be at City's request upon reasonable notice complying with CivIF bylaws and policies and procedures and subject to CMF prior commitments. Exhibit B, attached hereto and incorporated herein by this reference, provides a list of City Special Events that City seeks to be subject of this Agreement up to a total of 12 one hour shows(in accordance with sections 3.2.1 and 3.2.4). To the extent that the number of Special City Events or one hour long shows at Exhibit B exceeds a total of 12 as provided in Section 3.2. La and 3.2.1.c., City shall notify CMF which 12 City Special Events or one hour long shows of those listed on Exhibit B it desires produced. If City desires to have all events at Exhibit B produced, City shall compensate CMF in accordance with Section 4.2.3 or 4.2.5, for each City Special Event or one hour long show in excess of 12. Program requests are not cumulative from one contract year to the next contract year. Descriptions of the various programs are set forth in Exhibit A which is attached and incorporated in its entirety by this reference. 3.2.3 CMF shall not. be obligated to provide more than 72 hours of combined production and post - production time to comply with the obligations of this Section 3. 3.2.4 The two shows referred to in Section 3.2. Le. may be traded out for either an additional two PSAs per show up to a maximum of ten minutes each or an additional City Special Event per show up to a maximum of one hour each provided reasonable advance written notice is given. 3.3 City Special Events. City Special Events are those which are City sponsored or co- sponsored special events or city oriented non -profit events as designated by City. Such programs shall be at City's request upon reasonable advance notice complying with CMF rules and regulations and subject to CMF prior commitments, but City shall give notice to CMF as soon as City schedules the date for each such City Special Event. City Special Events are listed at Exhibit B. The City reserves the right to amend Exhibit B with notice to CMF. 3.4 Online Streaming of PEG Channels Content. CMF will provide a 24 -hour live stream for the internet of what is playing on the PEG channels. That live stream is subject to the City's internet capability and available bandwidth providing viewership of up to 300 viewer Page 2 of 10 No. 94664v 15 hours monthly. City shall pay any additional charges for viewership above that amount provided City has Submitted written approval to CMF before additional bandwidth is purchased. 3.5 Production and Channel Management, PEG Consultation. CMF will provide consultation as needed on PEG channel trends and issues, as well as oversee an online programming guide for PEG channel content, as well as work to guide and refine PEG channel guidelines for community usage and compliance with governing law. Exhibit A further details the obligations for the parties and is incorporated herein by this reference. 3.6 Initial Set Up. CMF will provide initial set up services to set up the vision statement, draft guidelines and policies and procedures for City's PEG channels usage, events coverage and coverage of events beyond the scope of this Agreement. Thereafter, CMF shall provide PEG channels consulting services up to two hours a week to facilitate the maintenance, update and enforcement of such guidelines, policies and procedures. 3.7 Online Archival of ProLyramminLx: CMF shall provide online archival of all programs produced by CMF for City so that those programs will be available to the UU111HILUIRY as video on demand.- CIVIP shall provide a player and secure webpage built and housed by CMF, linkable or able to be embedded on City's websites. SECTION 4: SUPPLEMENTAL SERVICES 4.1 Supplemental Services include, but are not limited to, labor for servicing, testing, and repairing of equipment, online streaming in excess of 300 viewer hours monthly, additional City Special Events, additional PSAs, additional Shows, and archiving of programming. 4.2 Fees and charges for the following described Supplemental Services shall be as follows: 4.2.1 Labor for Servicing, Testing, and Repair of City owned PEG Equipment: $35 per hour per technician 4.2.2 PEG Channels Online Streaming 301 Viewer Hours to 2000 Viewer Hours Monthly: $450 per month 4.2.3 Additional City Special Events up to one hour in length: $900 per Event 4.2.4 Additional PSAs up to ten minutes in length: $800 per PSA 4.2.5 Additional Shows up to one hour in length: $1200 per Show 4.2.6 Consulting services in excess of two hours a week: $35 per hour per consultant 4.3 Fees and charges for Supplemental Services not described here shall be requested in writing by City to CMF which shall then submit a proposed fee schedule. Upon agreement by City and CMF of the Supplemental Services to be performed and the compensation to be paid, CMF shall perform those Supplemental Services. Such agreement shall be effective only as a written amendment to this Agreement signed on behalf of both parties. Page 3 of 10 No. 94664v15 SECTION 5: COMPENSATION 5.1 City agrees to pay CMF $34,300.00 for the Basic Services satisfactorily provided under this Agreement of which $5,000.00 shall be paid. on or before February 14, 2012 and the balance of $29,300.00 shall be paid at the rate of $2,441.66 monthly payable on the first day of each month commencing March 1, 2012. 5.2 CMF shall submit to City an invoice, on a monthly basis or less frequently, for the monthly amount due for Basic Services and for any amounts due for any Supplemental Services satisfactorily performed. For Supplemental Services performed, the invoice shall itemize the services rendered during the billing period and the amount due in accordance with the schedule of fees and charges as provided in this Agreement. City shall not withhold taxes or any other deductions from payments made to CMF. SECTION 6: PERFORMANCE OF BASIC AND S UPPLEMENTAL SERVICES 6.1 CMF shall permr_rmi "ail ll I ki worlk- to thle highlest pro.1'essional stanclards of the industry and in a manner reasonably satisfactory to City. CMF shall comply with all applicable federal, state and local laws and regulations. 6.2 CMF represents it has, or will secure at its own expense, all personnel required to perform the Basic Services. All such services shall be performed by CMF or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The Executive Director of CMF shall be CMF's project administrator and shall have direct responsibility for management of CMF's performance under this Agreement. 6.3 CMF is exempt from any City: film. permit fees during the terns of this Agreement and all extensions thereof, but only when providing such services pursuant to this Agreement. 6.4 CMF may utilize the time prior to, between or after programs produced for City for interstitials, including non-profit public service announcements, and any other programming consistent with the City approved guidelines and provided such programming has been approved by the City prior airing. 6.5 In the performance of this Agreement, CMF shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis. SECTION 7: COPYRIGHT AND OWNERSHIP City shall retain ownership of the copyright to all programs produced under this Agreement. City hereby grants CMF a nonexclusive license to cablecast programs produced for City on City channels operated by CMF, and to copy, perform and/or prepare derivative works based upon the programs for educational, training and/or non-commercial promotional purposes. CMF may use City's name, logos, insignias and other identifying marks in the programs produced for City, and associated promotional materials and may also identify its production services and personnel with credits at the end of programs produced for City. Before cablecasting video transmissions, CMF shall require all users or producers to agree in writing that they shall make all appropriate arrangements to obtain all rights to all Page 4 of 10 No. 94664v15 material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organization representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit its or their program material over CMF authorized channels. CMF shall maintain for the applicable statutes of limitation and in accordance with City's Records Retention Policy for City's inspection, upon reasonable written notice by City, copies of all such user agreements. CMF may conclusively rely upon such user agreements and is under no duty to investigate or verify any of the information contained therein unless there are facts known by CMF that the that the user or producer has not made appropriate arrangements to obtain all rights and clearances, in which case CMF shall notify the City of the same and any action taken by CMF in response. SECTION 9: RELATIONSHIP OF PARTIES As to City, CMF is and at all times shall remain, a wholly independent contractor. CMF shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act or, behalf of City as an agent. Neither City nor any of its agents shall have control over the Conduct of CMF or apy o f CMIF's e.-m-1lnvar a (�'�ltr -a cilol.i ,,,�4- rep:: „mow,} it al�,.a � -- -- _ . d.,..y,� �,;,i�.ci.: aiivv 3'v.i� 1i IS, o. UIi L any i:71 its officers, representatives, agents or employees are, in any manner employees, officers or officials of City. SECTION 10: INDEMNIFICATION 10.1 1 CMF shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, and volunteers from and against any and all claims, suits, actions, causes of actions, losses, damage, or liabilities of any kind, nature or description, including, payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of CMF, its officers, employees, agents or subcontractors arising out of or resulting from the performance of this Agreement. 10.2 CMF shall indemnify and hold harmless City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, State or Federal authorities, for claims of libel, slander, invasion of privacy, or infringement of common law or statutory copyright, trademark, for breach of contract or other injury or damage in law or at equity which claim, directly or indirectly, results from CMF use of channels, funds, equipment, facilities or staff granted under this Agreement or the franchise agreement under which City operates. SECTION 11: INSURANCE 11.1 During the term of. this Agreement, CMF shall carry, maintain, and keep in full force and effect insurance against laims for death or injuries to persons or damages to property that may arise from or in connection with CMF's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below: 11.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars including products and operations hazard, contractual insurance, broad form property damage, independent contractors, personal injury, Page 5 of 10 No. 94664v 15 underground hazard, and explosion and collapse hazard where applicable. 11.1.2 Business Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars per claim and One Million dollars per incident. 11.1.3 Workers' Compensation insurance as required by the laws of the State of California. 11.1.4 Professional Errors and Omissions or Media Liability Insurance with coverage limits of not less than One Million Dollars. 11.2 CMF shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. 11.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A-:VII by A.M. Best. 11.4 CMF agrees that if it does not keep the aforesaid insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium thereon at CMF's expense. 11.5 At all times during the term of this Agreement, CMF shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City 4n0jts officers, employees, agents and volunteers as additional insureds and evidencing compliance. i with the requirements of this Section. CMF shall, prior to commencement of work under this Agreement, file with City's Risk Manager such certificate(s). 11.6 CMF shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. 11.7 All insurance coverage provided pursuant to this Agreement shall not prohibit CMF, and CMF's employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. CMF hereby waives all rights of subrogation against the City. SECTION 12: MUTUAL COOPERATION City shall provide CMF with all pertinent data, documents and other requested information as is reasonably necessary for the proper performance of CMF's services under this Agreement. If any claim or action is brought against City relating to CMF's performance in connection with this Agreement, CMF shall render any reasonable assistance that City may require in the defense of that claim or action. SECTION 13: RECORDS AND INSPECTIONS CMF shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts, and to inspect all program data, documents, proceedings, and activities. CMF shall also provide copies Page 6 of 10 No. 94664v15 of all video programming to the City upon completion of the programming, and at the expiration or termination of this Agreement, any raw footage related to any uncompleted programming shall be forwarded to the City. SECTION 14: PERMITS AND APPROVALS Except as otherwise provided in this Agreement, CMF shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for CMF's performance of this Agreement. SECTION IS: TERMINATION FOR CAUSE 15.1 City or CMF may terminate this Agreement during the initial term for good cause. Good cause for termination before expiration of the initial term includes, but is not limited to, the adoption of legislation or regulations that restrict or inhibit the current allowable level of PEG rnmm; ,- by C;f,, — rest"t or "I'l-it 'A 's mechanism for payment of services services Zr progia—m—, I.Y -1 111 L U1 111111UIL _At Y through franchise fees with which to fund PEG services or programming, or for either party's breach of anv material temp of this A 1whioll lh.n� --+ been cur-A accor-1---c • W-*+,- =L- I �� __A__, ­­­ ­_ A-1 — — v Uailu I U1 Lili__ terms of this Agreement. After the initial term, good cause shall not be required for termination. 15.2 In the event of any breach of any material provision of this Agreement, the non- breaching party shall give written notice of the breach to the breaching party with a demand that the breach be cured within 30 days, or, if the breach is of such a nature that it cannot reasonably be cured within 30 days, that the breaching party take all reasonable steps to begin to cure the breach within 30 days and that the breach shall be fully cured, in :good faith as quickly as reasonably possible, 15.3 The waiver by City or CMF of any, breach of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or CMF unless in writing. 15.4 CMF shall not be liable for any failure to perform if CMF presents reasonable evidence that such failure was due to causes beyond the control of and without the contributing fault or negligence of CMF. SECTION 16: ASSIGNMENT CMF shall not delegate, transfer, subcontract or assign its duties or rights under this Agreement, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than CMF. SECTION 17: GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such -rights, powers or remedies shall not preclude Page 7 of 10 No. 94664v15 the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. Any controversy or claim arising out of or relating to this Agreement or the performance or interpretation of this Agreement shall be settled by binding arbitration in the County of Los Angeles, State of California, under the rules of the American Arbitration Association. The arbitrator or arbitrators which hear any dispute between the parties shall each have practiced law in the State of California for a minimum of five years as litigators in contract, intellectual property, First Amendment, public access or labor law matters, depending upon the nature of the dispute between the parties. The parties have the right to conduct discovery in the same manner as if the dispute were pending before the superior court and to that end may use and exercise all the same rights, remedies, and procedures and be subject to the same duties, liabilities, and obligations. The i,i�1Qmellt oil the arbitration award may be t u ' 11aV:11h J- -- n- _ -_ = -- y eri ereu iii any ioiire, tiavutg J:U— sllktlor, over the parties. The parties waive their rights to awry trial, and their rights to appeal except that the arbitrator's failure or re_.filsal to (-r) -nn1V xt,,;th nr Qml�l -, Catifelr ;2 r ?a - -, is impermissible and shall provide grounds for appeal. SECTION 19: ATTORNEYS' FEES The prevailing party in any arbitration, action or proceeding to enforce any provision of this Agreement shall be awarded reasonable attorneys' fees, and costs incurred in that action or proceeding or in efforts to negotiate and settle the matter. . SECTION 20: ENTIRE AGREEMENT: This Agreement, including exhibits, contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement is binding upon the parties. SECTION 21:. SEVERARILITY If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the remainder of the Agreement shall be severable and remain in effect. If any such term can be amended, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 1 � Any notices, bills, invoices, reports and any other writing required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, email, facsimile or overnight courier service during CMF's and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). Page 8of10 No-94664v15 To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 960-4011 Facsimile: (626) 962-2625 With courtesy copy to: Joseph W. Pannone, Esq. Baldwin Park City Attorney Aleshire & Wynder, LLP 1 1� I 1� I C)()th Q+- Cef, 0 u :4- 0 C /-- C I - � - I —V "LL' L 0 IL -'Vd Gardena, CA 90248-4926 Telephone: (310) 527-6660 Facsimile: (310) 532-7395 SECTION 23: CAPTIONS To CF: Community Media of the Foothills Box 227 Monrovia, CA 91017 Telephone: (626) 357-4974 Facsimile: (626) 3517-4974 lance@kgen,i.tv With courtesy copy to: Lorraine grindstaff, Esq. Patten, Faith & Sandford 635 West Foothi-11 Boulevard Tv-1 o ri f o v I a, C al 1 form a 91016 Telephone: (626) 359-9335 Facsimile: (626) 303-2391 lorrainegrindstaff@gmail.com The captions appearing in this Agreement are descriptive only and for convenience in reference to this Agreement and have no legal effect. Masculine, feminine and neuter pronouns and singular and plural nouns all embrace all other forms. This Agreement is deemed to have been drafted by both parties and any ambiguity, to the extent any exists, shall not be construed for or against either party. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below: [SIGNATURES ON FOLLOWING PAGE] Page 9 of 10 No. 94664v15 Dated: '2012 CITY OF BALDWIN PARK By: Vijay Singhal, Chief Executive Officer Attest: Date: 2012 By: Alejandra Avila, City Clerk Date: Aleshire & Wynder, LLP By: Joseph W. Pannone, City Attorney 2012 [End] nee Mungia, Execut' i- 'Director Date:\,-/A � 2012 Patten„ Faith,& Sandford IN Page 10 of 10 No.946WI5 for CMF Production /Administrative /Channel Management. CMF agrees to do the following: 1. Develop and maintain rules, policies and procedures for Baldwin Park's PEG Access channel for review by City staff and the City Attorney's office and CMF shall see that all approved rules, polices and procedures are followed. 2. Consult with City staff, to develop and maintain policies, programming guides, channel vision and outreach. CMF shall coordinate the necessary and appropriate approvals with City staff. City staff shall coordinate the necessary and appropriate approvals with City commissions, officials or the like. 3. Participate in channel submissions and requests for copies in accordance with approved guidelines. 4. Provide, for the City's approval, applicable locally produced educational content and public service announcements (PSAs) from L.A. County, other public agencies, non - profits and surrounding cities. (Average 15 hours per month of rotating content available by request and updated as CMF receives City approvals for additional content). Said content will only be aired if in compliance with governing rules, policies and guidelines. Provide quarterly reports to City staff upon request. The report shall include a list of programming that is being aired, completed and in production; as well as all events in the future scheduled for production. The report shall also address any expenses which are not within the scope of the Agreement or the Exhibits. G. Budgets or expenses outside of those covered under the Agreement or Exhibits will be submitted for the City's prior approval A monthly updated programming schedule will be built by CMF and placed online for linking to the City's website. Hard copies of the programming schedule will also be available. 8. Oversight of live online stream of channel content. Live stream and archived content will be placed on a secure web page operated by CMF, linkable to the city website. 9. Provide 2 hard copy DVDs of each program (e.g. those events listed at Exhibit B), PSA or other content created for City of Baldwin Park. Copies of finished programs also would be automatically and at no extra cost transferred by CMF staff to be housed on Baldwin Park's existing server (located in City Hall) for playback on their channel as needed. Additional copies are available at $10 a piece upon request. Raw footage of programming will be held on CMF hard drive for 30 days. There will be an additional fee of $35 an hour to transfer Page 1 of 3 raw footage upon request in that time or as available to Baldwin Park's server if requested. Production Services Description: 1. PSAs. A PSA is a public service announcement usually done with a single camera in the field or in the CMF studio. An example of a PSA would be a city Public Works staffer spending 2 minutes on camera talking about ways to conserve water, with single camera shooting and cutting to `B" roll, or additional shots of stills or PowerPointO style imagery illustrating the points made on camera. Another example of a PSA may be a local non - profit executive director telling the community about an upcoming event being held to benefit some element of the community, culminating in a text title with the pertinent information. Or, a PSA could be an emergency fire preparedness video featuring a firefighter, A PSA usually takes roughly two hours to shoot if done iaa S�uuio and the person or uepail-rnent participating in the PSA is responsible for the script content and `B" roll, if any, although CMF will consult and ultimately direct the PSA. The average PSA is 2 minutes in length and never more than 5 minutes. Prior to production, CMF shall ensure that all PSAs have the appropriate City approvals. 2. Event coverage. This is usually a single camera shoot in the field that provides informational coverage for an event of community significance. This could be a "State of the City" presentation. It could be a Chamber of Commerce dinner featuring prominent speakers. It could be a Little League° championship game or parade or concert in the park. Coverage is very simply done with minimal edits, basic titles featuring key points, and if there is a PowerPointo presentation used or other relevant stills or "B" roll that can be provided those items may be edited in. The events covered shall be those events included at Exhibit B unless otherwise approved by the City. 3. Hour Shows. These are designed to be simple sit down interview style shows usually taking place in the CMF studio with a live multicam shoot directed by CMF staff. These shows can be a "Meet The Mayor" show where perhaps the mayor and a host talk about the City's agenda. It could be a sit down with prominent business people in the City to discuss economic situations in Baldwin Park. It could be a sit down with the School Superintendent and Teacher of the Year to discuss the state of education in Baldwin Park. These shows are always designed to be interview style with basic editing and titling. 4. The live online stream. This is an online "live" reproduction of what can be viewed on the cable channel, as it occurs on the cable channel. It is not archived or preserved online after airing. It will exist via a third -party service provided by CMF on a page created and housed by CMF, linkable to City websites. The purpose is to give those in the community who do not have access to cable the same ability to see what is on the channel as if they did have cable in real time. For $300 a month, the service will permit up to 300 viewer hours monthly (i.e. 300 different people watching I hour of programming each). The City of Baldwin Park will be notified in advance if Page 2 of 3 the maximum number or hours is likely to be reached and the City will be given the option to spend an additional $450 a month for up to 2000 viewer hours monthly. Pricing is subject to change if service providers change. CMF cannot be responsible for lapses in the online feed due to provider or other technical glitches and will promptly work with City staff to ensure any glitches or other errors are fixed within a reasonable time. Online archival of programming. CMF will create and house a webpage and secure media player to make content downloadable "on demand" to viewers. This service is different From the live stream in that viewers would be able to "click and play" events put online at anytime, versus having only a "live" real time feed of the cable channel where they are only able to view programs as they are aired on cable. Content produced for Baldwin Park would need to be encoded to proper fomiat and uploaded via a secure service operated by CMF for online video on demand playback. Online archival of programming services i n clude "puttfing up and iuddinitely arcl—ving programming and creating searchable categories online (i.e. Public Service Announcements in one category, Concerts in the Park in another category). Page 3 of 3 EVENT DATE NOTES Chinese New Year Celebration January/February Easter Egg Hunt Saturday before Easter 4/7/12 Halloween Event October 31't 10/31/12 State of the City Late Winter/Early Spring Christmas tree Lighting First Thursday in December I 12/6/12 Veteran's Day Celebration November 11 to 11111/12 Pride of the Valley 5K Run First Saturday in August 8/4/12 Concerts in the Park Various Thursdays July and August 4th of July Celebration July 4th 7/4/12 FIX AEM a s a • C:\Amy1AMY\WORD \Reports \Council Reports \PEG Channel Contract Approval #3.DOC !AM (Adopted ts' Amended - January, February 2002, October ii 01 Updated June 2008 ARTICLE I-NAME Section 1--Name ARTICLE 11- OFFICES OF THE CORPORATION Section 1--Principal Office Section 2--Registered Office and Registered Agent ARTICLE I11- PURPOSES Section 1--Purposes ARTICLE IV - THE BOARD OF DIRECTORS Section 1--General Powers of the Board of Directors Section 2--Qui-a-lifications Section 3--Composition of Board Section 4--Terms of Board Members Section 5--Resignation Section 6--Vacancies on the Board Section 7--Regular Meetings Section 8--Organizational Meetings Section 10--Special Meetings Section 11--Quorum Section 12--Loss of Quorum Section 13--Majority Vote Section 14--Compensation ARTICLE V- OFFICERS Section 1 of Elected and Appointed Officers Section 2--Designation of Officers Section 3--Election of Officers Section 4--Resignation of Officers Section 5--Removal of Officers Section 6--Vacancies Section 7--Terms of Office Section 8--Chairperson Section 9--Executive Director Section 10--Vice-Chairperson 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 Section 11--Secretary Section 12--Treasurer ARTICLE VI - COMMITTEES OF THE BOA kD Section 1—Standing Committees, Section 2--Duties of the Executive Committee Section 3--Duties of the Finance Committee Section 4--Duties of the Programming Committee Section 5--Minutes of Standing Committees Standing Section 6--Other Committees ARTICLE VII - MEMBERSHIP Section 1—Membership Qualifications Section 2--Voting Rights Section.-I—Quoruin Section 4-- Eligibility to Vote Section 5--Votino, Section 6--Approval by Majority Vote Section 7--Action by Written Ballot Section 8--Record Date Section 9--Proxy Section 10--Dues and Terms of Membership Section 11--Transfer of Membership ARTICLE V111 — ANNUAL MEETING AND ELECTION OF DIRECTORS Section 1--Annual Meeting of Members Section 2--Presiding Officers Section 3--Election Committee Section 4--Candidacy Procedure Section 5--Inspector of Election Section 6--Election by Mailed Ballot Section 7--Results of Election Section 8--Other Action of Members at Annual Meeting ARTICLE IX - TADEMNIFICA TIONAND INSURANCE Section 1—Indemnification of Officers Section 2--Exemption of Property Section 3--Insurance 6 6 6 6 6 7 7 7 7 7 7 7 n. 7 8 8 8 8 8 8 8 9 9 9 9 9 9 10 10 10 ARTICLE X - PERFORMANCE OF CHF Section 1--Reporting Requirements Section 2--Auditing and Inspection Requirements ARTICLE XI - MISCELLANEOUS Section 1--Non-Discrimination Section 2--Meetings of CMF ARTICLE X1I- D_1SSOL UTION Section 1--Corporate Dissolution ARTICLE XIII - AMENDMENT OF B YLA WS Section 1-- Membership Rights Limitation Section 2--Members ADvroval Required II 12 12 12 12 12 13 13 13 Section1—Neme The name of the organization shall be Community Media of the Foothills, hereinafter referred to as "CMF." ^ ARTICLE 1|-OFFICES OF THE CORPORATION ` Section 1—Principa/Office The principal office for the transaction of the activities and affairs of CMF shall be located within the City of Monrovia, CA. CK8F shall have and continuously maintain in the State of California a registered offica, and a registered agent whose office is identical the,awi\h, as requirad by California non-profit onr�or�bon |avv The naOiater�d n�mu my be Nit need nt be, the mame as it phnc�po| o o th� ea. �umo ms � nn�o�na� reginteredagentsuchffioe be n-tn-timobytheBoerdofOireotoruincomp|iance with the provisions of California non-profit uorpuretinn law. ' Section 1--Purposes This Corporation is formed for scienb[o, educational, and charitable purposes within the meaning of Section 501(o)(3) of the Internal Revenue Code of 1980 (or the corresponding provision of any future United States Internal Revenue Law). Its specific purposes are: (aj To develop and promote community (pudin.educational, and governmental) access to existing and future communications media. (bj To establish, maintain and operate one or more media access center(s): (1.) To aduooha individuals and nonprofit organizations in the use of media In-"7s and techniques. (2.) To provide individuals and nonprofit organizations with access to media tools and assistance in their use. (3.) To promote programs and support the use of media as vehicles of artistic expression. (4.) To entab|ish, maintain and operate a system or systems for the distribution of non- commercial media programs and materials in the public interest. (c.) To facilitate the use of access channels asa public forum which promoting the free exchange of ideas and information; (dj To promote and develop activities and programs for the optimal use of the cable communications system(a) for community purposes; (ej To serve viewers with programs reflecting the activities, concerns, and interests of the residents of Monrovia and other cities served by CMF in a manner that promotes a free exchange of ideas and ([) Seek out diversity of peoples and viewpoints; (g.) To ensure that no individual is discriminated against with regard to membership, services, access to information or any Ck8F activity because of nama, national origin, oex, age, sexual orientation, ~ - re|iginn, disabi|i\y, political affiliation, or economic status. (h.) To make recommendations to users and to cable communication franchisee(s) in regard to access services and institutional network services; (i To apply for and to receive contributions, grants, donations, and loans of all types from individuals, organizadons, profit and nonproft, public and private corponadona, government agencies and others to support these purposes; �) To determine and conduct or support any and all other |ovfu| things in furtherance of the foregoing charitable and educational purposes, either, manifest or latent. SectimnY-Geneoai Powers ofthe Board -of Directors Subject to the provisions and limitations of California non-profit corporation law and any other applicable laws and subject to any limitations of the Articles of Incorporation or the Bylaws regarding action that require approval of the mombem. CMPs activities and affairs shall be managed and all corporate powers shall be exercised by or under the direction of the Board. Section 2--Qualifications (a) All members of the Board must be individual members in good standing of CMF. (b) The Board of Directors shall not include any elected official orofficer of the City of Monrovia or other city served by CMF (c) The percentage of Directors who are not residents of the City ofMonrovia (based on the total authorized number of Directors) shall not exceed the percentage of this Corporation's operating , revenues (i.e., revenues other than royalties, interest, dividends or similar returns on investments) derived frorn cities other than the City of Monrovia during this Corporation's preceding fiscal year. Section 3-Connpos/timnufBoard (a) The Board ofC(NF shall consist uf nine voting members. (b) "Elected Direoiors" shall consist of eight Directors elected by the membership. (o) ,Appointed Director" aho|| consist of one Director appointed by the majority of the Board. The appointment shall be made by the novv|y elected Directors at each Organizational Meeting of the Board required by Article IV Section 9 of these Bylaws, or as soon thereafter as possible. Section 4— Terms of Board Members (a) Elected Directors shall oan/e two-year terms. (b) Terms of Elected Directors aho|| be staggered in such o way that four Directors shall be e|arhad from the membership each year. (o) Appointed Directors shall serve one-year terms. (d) A full \enn of each Beubad Director oho|| end on the date of the second Annual Meeting following his/her election, but not before a successor is duly elected and qualified. Section 5--Resignation (a) Any Director may resign effective upon giving written notice to the Chairperson or the Secretary, unless the notice specifies a later time for the resignation to become effective. No Director may resign when CMFvvnu|d then be left without a duly elected Director in charge ofits affairs. (b) Failure of a Director to participate in three consecutive Board meetings may be deemed by the bo�rd tu oonotitutg a vo|unt�ry n»�i�n�tinn from, offiom, eifecUve at the end of the third meeting. The Secretary `ofCK4F shall notify such Director-of anyuobun taken under this Section bycertified mail (return receipt) within seven days. (u) Failure of Director to participate in at least one Orientation Study Session (Article |V Section Q) after being elected or appointed to the Board of Directors prior to the next Regular Meeting of the Board of Directors may be deemed by the board to constitute e voluntary resignation from offioe, effective at the start of the first Regular Meeting after the director was appointed or elected. The Secretary ofC/NF shall notify such Director of any action taken under this Section by certified mail (return receipt) within seven days. Section G—Vacenoiesmn the Board (a) A vacancy or vacancies on the Board shall exist on the occurrence of the death or resignation of any Director. (b) Vacancies on the Board of Directors may be filled by a majority of the Directors then in office or by a sole remaining Director. Any Director so appointed shall serve the remaining term of the vacant seat. Section T—RegularMeetings The Board of Directors shall schedule regular meetings for the transaction ofC|NF business at least quarterly throughout the yeur, said meeting to be held at a time and place determined by resolution of the Board without other notice. Schedules and notices ofBoard meetings will be made available to members and the public, posted on any access channel bulletin boards and prominently posted in the office of CMF. The minutes of Board meetings shall be promptly posted in the office of CMF and on the CMF webpage. Section A— Meetings Immediately after the Annual Meeting of Members, the Board shall hold a regular meeting for purposes of organization, election of officers, eppointmont, and transaction of other business. Notice of this meeting is not required. Section 9 -- Orientation Study Sessions After the Annual Meeting of Members and prior to the next Regular Meeting the Board of Directors shall hold special orientation study sessions, so that all board members shall review and become familiar with these Bylaws, any Polices and Procedures of the Corporation as well as meeting management and record keeping. Such orientation study sessions shall also be held upon the appointment of a new director when filling a vacancy. Non - attendance at a minimum of one study session after being elected or appointed may be deemed a resignation (Article IV Section 5). Special meetings of the Board may be called at any time by the Chairperson, Vice- chairperson, or any two Directors of the Board. Written notice of the time and place of special meetings shall be mailed via first - class mail to each Director at least four calendar days before such a meeting is held. Special meetings of the Board may be held at a place designated by the Board or at the principal office. Schedules and notices of special meetings shall be posted two days in advance of any special meetings in the manner delineated in Article IV Section 7. Attendance at any meeting by a Director shall constitute a waiver of notice of the meeting except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 1 • A n ins': m shall be a maim 4 f the ree t n _� h P sat - �. - � r r ' - +^ _ � :- ' ,. °� ..,< < iu °c� s v. iii i.tvdi u vI Liil UCLUI S� 1 ivt C U til ity uaC:%-?� i?.i The directors present at a duly called or held meeting at which a quorum is present may continue to transact business until adjournment even if enough directors have withdrawn to leave less than a quorum, if any action taken, other than adjournment, is approved by at least a majority of the members required to constitute a quorum and was included in the notice of the meeting. Section 13-- Majority Vote No action of the Board shall be valid unless approved by a majority of those Board Members attending the meeting. There shall be no vote by proxy. Section 14 -- Compensation Directors shall receive no compensation for services as Directors, but may be reimbursed for any reasonable expenses, approved by the Board. Section 1-- Qualifications of Elected and Appointed Officers All elected, designated and appointed officers of CMF shall be members of CMF in good standing and shall be 18 years of age or older. Section 2-- Designation of Officers The officers of CMF shall be a Chairperson, a Vice- chairperson, Secretary, and a Treasurer. The officers shall be chosen by the Board from the members of the Board. Section 3-- Election of Officers The officers of CMF shall be chosen by a majority vote of the Board. is Section 4 -- Resignation of Officers Any officer may resign at any time by giving written notice to CMF. The resignation shall take effect as of the date the notice is received or at any later time specified in the notice and unless otherwise specified in the notice, the resignation need not be accepted to be effective. Any resignation shall be without prejudice to the rights, if any, of CMF under any contract which the officer has signed as an agent of CMF. Section 5 -- Removal of Officers Any officer may be removed from office by ordinary resolution of the Board when, in their judgment, the purposes or best interests of CMF shall be served thereby. Removal of an officer shall be without any prejudice to the rights, if any, of CMF under any contract which the officer has signed as an agent of CMF. Section 6-- Vacancies Any vacancy among the officers shall be filled for the unexpired term by ordinary resolution of the Board. The terms of office for officers �,00v� .V. �oee o��oVers of <.ivir snail commence with the Organizational Meeting of the Board fvliv`wing the Annual Meeting of the Members and shall conclude at the Organizational Meeting of the Board following the next Annual Meeting. Section S -- Chairperson The Chairperson of the Board shall preside at meetings of the Board and shall exercise and perform such other duties and powers as the Board may assign from time to time. If there is no Executive Director, the Chairperson of the Board shall also be the Chief Executive Officer and shall have the powers and duties of the Executive Director of CMF prescribed by these Bylaws. Section 9-- Executive Director Subject to such supervisorial powers as the Board may give to the Chairperson of the Board, if any, and subject to the control of the Board, the Executive Director shall be the general manager of CMF and shall supervise, direct, and control CMF's activities and affairs. The Executive Director shall have such other powers and duties as the Board may prescribe. Section 10 -- Vice - Chairperson In the absence of Chairperson, the Vice - chairperson shall perform all duties of the Chairperson. When so acting, the Vice- chairperson shall have all powers of and be subject to all restrictions on the Chairperson. The Vice - chairperson shall have such other powers and perform such other duties as the Board may prescribe. 9 Sactionf (e) The Secretary shall keep or cause to be kept, edCMPa principal office orsuch other place asthe Board may dineot, a book of minutes of all meetinga, prom*odings, and actions of the Board. of Cnmmitteex, and of members' meetings. The minutes shall include the time and place that the meeting was he|d, whether the meeting was, annua|, regu|ar, or opecia|, and if speoia|, how authorized, the notice given, the names of those present at the Board and committee meetings, and the number of members present or represented at members' meetings. The Secretary shall keep or cause to be kept, at the principal office, a copy of the Articles of Incorporation and Bylaws, ` as amended. - -- (b) The Secretary shall keep, ov cause tn be kopt, atCMF's principal uffiue orata place determined by resolution of the Board, a record of the members ofCk8F. showing each member's name, addnass, and status of membership. (n) The Secretary shall give, or cause to be giwan, notice of all meetings of members, of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall have such other powers and perform such other duties aa the Board may prescribe. Reofion -f2-7r*asomnr The Treasurer shall keep and maintain, or cause'to be kept and maintained, adequate and correct bonna and accounts ofCMFa properties and transactions. The Treasurer shall give or cause tobe given tothe members and Directors such financial statements and reports as are required to be given by law or by the Board. The books of account shall be open to inspection by any Director at all reasonable times. Section f-3tanoVngCommittees The Board shall appoint three standing committees: on Executive Committee, o Finance Committee, and a Programming Committee. Each Standing Committee shall consist nfsd least three Board members and shall be appointed from among the members of the Board. No Board member shall serve on more than two Standing Committees. The Executive Director shall be a non-voting member of each committee. Section of the � ` The Executive Committee shall have the power to act as the Board of Directors in between Board meetings. Regardless of Board resolution, the Executive Committee shall not: (a) Take any final action on any matter that, under California non-profit corporation law, also requires approval nf the members or approval ofa majority of all members; (b) Fill vacancies on the Board or on any committee that has the authority of the Board; (n) Amend or repeal Bylaws or adopt new Bylaws; (d) Amend or repeal any resolution of the Board that, by its express tenma, may not be amended or repealed; (e) Create any other committee of the Board or appoint the members of committees of the Board; (f) Expend corporate funds to support o candidate for Director; or (g) Approve any contract or transaction to which CMF is a party and in which one or more of its Directors has o material financial interest. Section 3--Dutieoof the Finance Committee The Finance Committee shall prepare or cause tobe prepared the Annual Financial Stadement, approve any accountant revevvs, and recommend to the Board the selection of and fees to be paid to an independent Certified Public Accountant for Ck8F. It shall be the responsibility ofthe Finance Committee to report to the Board of Directors whether the Ck8F is meeting its projected budget, on the scope and adequacy of the accountant aen/iuen and related fees, to continually monitor and report to the Board of Directors on the effectiveness and adequacy nfCMF's internal accounting cnntro|o, and include in that report its findings an to whether or not any errors, nmisoions, criticiema, or recommendations contained in the management letter of the independent Certified Public Accountant, if one accompanies the accountant revievvo, has been properly dealt with. The Finance Committee shall have such other duties as maybe delegated to it by the Board from time to time. The Programming Committee shall prepare cvcause hobeprepared policies regarding programming on any cable channels or other media administered byCW1F in accordance with the purposes specified in Article |||, shall serve aeagrievance and appeal mechanism for access producers and general citizens concerning programming issues and oheU marry out such other duties as may be required by the Board from time to time. ��oo�-��/nube�of�&�nc�n� The minutes ora-iepor'of each 'Standing -Committee shall be submitted to the Board at the Board's next regular meeting. Section G—OtherCommittees The Board may establish other committees from time to time and prescribe their duties and responsibilities. Appointees must be members in good standing ofCyWF. Minutes and actions of such Committees shall be submitted to the Board. Section Qualifications Membership in CMF is open to any person who is a resident of the City of Monrovia or other city served by Ck4F, declares his/her intent to become a member and provides o valid residential address. Parental permission is required for youths 10 years of age or under. Membership in available to all those eligible without discrimination, and shall continue so long as the member remains qualified. CMF members shall have the right to vote as set forth in these Bylaws; on the election of Directors; on change to these Bylaws as designated in Article XIII Section 2; on any merger and its principal terms and the amendment of those terms; and on any o|ooUon to dissolve CMF In addition, members shall have all rights afforded members of a non-profit under California non-profit corporation law. Section 3--Quorum A quorum for any action of the members shall consist of ten percent (1096) of the total membership of CMF on the record date of said proposed action. Section to Vote Subject to the provisions of California nonprofit corporation law, members entitled to vote on any action of members shall be members in good standing as of the record date under Article VII Section 8. Section 5--Voting Each member entitled to vote shall be entitled to cast one vote on each matter submitted to a vote of the members. Voting shall beby written ballot only. Ua quorum is attained, the affirmative vote ofamajority of the members voting on any matter shall bethe act of the members un|enu the vote ofa greater number is required by the Articles of|noorporadonor these B�aws.^ ` Section 7-~4rtionby Written Ballot / (a) CMF shall distribute one written ballot to each member entitled ho vote cm the matter. Such ballots shall be mailed or delivered at least three weeks before the last date ballots are accepted. All solicitation of votes by written ballot shall: (a) indicate the number ofresponses needed to meet the quorum requirements, (b) with respect to ballots other than for election of Directors, state the percentage of approval necessary to pass the measure. and (c) specify the time by which the ballots must be received. Each ballot so distributed ahaU� (\ oetfodh the pnopooed action, (b) a providetnnbrvthanopponitteuP�ro;� a��prova h a|n�ee � m ��cpropos.ad i�uyn�­ye or of (o) provide a reasonable time within C8F� (b) Appnovul by written ballot shall be valid only when the number of votes cast by ballot within the time specified equals or mncaade the quorum required to authorize the aotinn, and the number of approvals equals or exceeds the number of votes that would be required for approval. (c) Written ballots may not be revoked. All written ballots shall be filed with the Secretary of Ck4F and maintained in the corporate records for atleast three years. Section 8�RecordDate For purposes of determining the members entitled to vote on any action of the members a record date shall be set at 31 days before the last day ballots are accepted except where the 31w day falls on a day when the facility io o|osod, in which case the record date shall be the previous day inwhich the facility is open. A member holding a membership at the close of business on the record date shall be a member of record. SectionA�roxy There shall be no voting or other action by proxy. Section 10--Dues and Terms ofMembership The Board may establish annual dues for members and specify requirements of membership, if any. Section ff—T>ansfermf Membership No membership or right arising from membership shall be transferable. Section I-Annual Meeting m`Members Ck8F shall hold an Annual Meeting no later than the 316t of September of each year, at a plaoe, date and � time to be determined by resolution of the Board. Notice of the Annual Meeting shall be included with Election baUots, and, one month before the meeting, appear at least once daily on any access channels operated directly by Community Media of the Foothills for the duration of the month. - Section Officers _ The Chairperson of the Board of Directors shall preside at the Annual k4eobng' and in that person's absence the Vice Chairperson shall serve in this capacity. The Secretary uf the Board shall keep orcause hobe kept minutes of the Annual Meeting. Section 3�lectiomCommittee An Election. Committee created bythe Board of Directors shall solicit candidates for each election ofBoard Members. The committee shall be made upof all the board members whose current terms dn not ex�ina at the next Annual Meeting. Th� Election Committee is encouraged to ensure that candidates fnrtha BVsrdnapnasentaeo|ocom|y�spnssib|othnnauioLethnio.geographio.eooia[andeconomicdivensityofthe City of Monrovia and cther, cities served by CK8F. One month prior to the record dote the oornnnithaa will provide the inspector of election with its selected petitions for candidacy from four Community K4odie of the Foothills members eligible for election. These candidates will become the "election committee recommendations." Notice of the election committee recommendations shall appear at least once daily on any access channels operated directly byCommunity Media of the Foothills for the duration of one week beginning within Ova days of providing them to the inspector nfelection. (a) The Board shall provide notice to members of CMFofthe procedures, time frame, and deadline for filing a petition for candidacy to the Board of Directors. Such notice shall indicate the number of Directors to be a|eoh*d in each year, the maximum number of directors who may be nonresidents of the City of Monrovia and shall appear at least once daily on any access channels operated directly by Community Media of the Foothills for the duration of one month beginning no less than three months before the Annual Meeting. (b) Petitions for candidacy must contain a cover letter and a brief biography. The member wishing to appear on the ballot must sign the cover letter and the text of the letter must express her orhis interest in serving on the Board of Directors. The biography must contain information pertaining to the candidate's background and shall be between 100 and 400 words in length. The biography will be included as part of the ballot package sent to the members. (o) The election committee recommendations shall be listed on the ballot with an explanation that they have been submitted by the election committee. (d) Members may also submit their own petitions directly to the Inspector of Election if they desire to "self nominate." These petitions may be submitted to the Inspector of Election anytime during the 60 days preceding the record date. Self nominations shall be listed on the ballot with the explanation that they have been submitted by the members themselves. (e) If a candidate has self-nominated and is also an election committee recommendation, their name will be listed only once on the ballot, as an election committee recommendation. (f) Any petition for candidacy must be signed no more than three months preceding the record date for the Annual Meeting and Election ofDirectors. Section S--inspectorofElection No later than the three months prior to the Annual Meeting, the Board shall appoint an Inspector of the E]eubon, not a current directnr, to monitor the election proceedings. The \nnp*dnr of Election shall determine the memberships outstanding and voting power of each; receive ballots; establish the existence of a quorum; determine when the ballots shall be received; hear and determine all challenges and questions in any way arising in connection with the right to vote; count and tabulate all votes; determine the result and do such acts as may be proper to conduct the election with fairness- to all members. The Inspector of Election shall act impartially, in good taith, to the best nf his/her ability, and as expeditiously an is practical (a) Election of^e|eoh*d^ Directors shall be accomplished by mailed ballot, which shall be mailed 1nall members of[MF no later than three weeks before they are due and returned by the member on or before a date and time determined by the Inspector of Election. (b) The ballots shall be sent byfiret-oaoo mail. oharces prepaid and shsd| be add,Poaed to epch member entitled to vote at the address of that member appearing on the membership registry of (o) Each membar, ahaU, in vvhtng, cast votes for not more than the number of positions that are available. Each vote shall ba for e different person. (d) Violation of any provision of this Section shall invalidate the member's entire ballot. (e) In the event that two or more persons each receive the same number of votes, the Chairperson shall determine, by lot, which person(o) shall be seated asa Board member. Section 7—R!esu/tsofElection Ad the Annual Meeting of Members the results of the election of Directors shall be announced and the new Directors shall take their seats upon the Board. Section 8--Other Action of Members at Annual Meeting Any other action of the members to bake place at the Annual Meeting must be included on the ballot mailed to members three weeks before the Annual Meeting go] Any member of the Board of Directors and any officer ofCMF shall ba indemnified byCMFagainst expenses actually and necessarily incurred by him 'or her in connection with the defense nf any action, nu|t, or proceedings in which he or she is made a party by reason of having been or being a member of the Board of Directors or an officer of CMF' except for breach of the duty of loyalty to the oorporation, for auto or omissions not in good faith or which involve intentional misconduct or knowing violation of the |avv, or for a transaction from which the person derives an improper personal benefit. Such right of indemnification is not to be deemed exclusive of any right to which he or she maybe entitled under the laws of the State of California, these By|aws, agreemanta, vote of members, or otherwise. The private property of the members and Board of Directors of CMF shall not be liable for corporate debts to any extent whatsoever. This a*obon of these Bylaws shall not be amended except -by the unanimous o,te of the members and the Board of Directors. Section 3--insurance CMF shall have the right to purchase and mointah/ insuml'oa on behalf of its uffioea. Direckoro, emp|Vyees, and other agenta, against any liability asserted against or incurred by any officer, Director, emp|oyee, or agent in such capacity or arising out of the officer'o. Director's amp|oyee'n, or agent's status as such. FAI 41 Sectimnf Requirements An annual report regarding its fiscal and operational activities shall be prepared and distributed at the Annual Meeting nfMembers. Section 2--Auditing and Inspection Requirements CMF shall contract for a review of its records with a Certified Public Accountant on an annual basis and its records shall be open to the membership for inspection. il Section 1--Non-Discrimination CMFshsd|enxuraUhatnoindividua|isdiscrminahodaQainntvvithregardtomembmrhip.nenvioes,acceoo to,infonnoUon or any activity ofCFWF because of race, national nhgin, osm, aga, sexual mientation, ro|igion, dioabi|ity, political affi|iation, or economic status; including those who historically have been denied media access, This Section does not guarantee right in any person or organization to have any program distributed over the channels administered byCK8F. Section 2—&&eetingsofCMF All meetings ofCyWF and the Board of Directors are open to the public except for those items that are determined by a majority of the Board to be confidential. All meetings ofCK4F and the Board of Directors shall be held following Parliamentary Rules of Order, provided that the failure 10 observe Rules of Order shall not invalidate any action taken. Section 3—Channe/ Carrier Designated Board Advisors Any cable or other video operator that carries channels operated byCK4F on its system may designate o CK4F Board Adviaorto CiWF. The adv|enrahaU be notified of all' usAu|erbuard meetings and when in attendance at bnardnraebnga`may interact with the 8msnj of Directors during-a1| i&en/s that are open to the ~- public and join in discussion. Section f—CorporateDissolution Upon the dissolution of this corporation, the governing body shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the remaining assets of the corporation exclusively for the purpose of the corporation in such mannar, or to such organization or organizations organized and operated exclusively for charitable, educaUona|, re|igioua, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue law), as the governing board shall determine. Any such assets not so disposed of shall be disposed ofbythe District Court of the county in which the principal office of the corporation is then |ncated, exclusively for such purposes or to such organization or organizations, as said 'court shall determine, which are organized and operated exclusively for such purposes. MA Section f Rights Limitation Subject to the right ofth-amernbera under Article X||| Section 2. the Bylaws ofCK4F may beadopted, amended, or repealed only by two-thirds (2/3) vote of the Board of Directors. °�- Section 3-Men*bers Approval Required ! The Board may not, without the approval of the mernberu, specify orchange any Bylaw provision that would: (a) Fix nr change the number ofDirectors. (b) Fix or change the minimum or maximum number nfDirectors. (o) Change from o fixed number hna variable number of Directors, or vice versa. (d) Increase or extend the terms of Directors. (e) Repoa|, restriot, create, expand, or otherwise change proxy rights. (f) Wind-up and dissolve CyNF. (g) Amend Article |X Section 2of these By-Laws. 13 ITEM NO, 7- CITY OF BALDWIN PARK STAFF REPORT Fri id PORF This report provides the City Council with a status of two traffic signals that are under development. Staff requests the City Council receive and file the warrant study for each of the two locations, approve the recommended funding for each traffic signal, and authorize staff to proceed with finalizing the traffic signal design and advertise the traffic signals for construction bids. Two city street intersections, one at Baldwin Park Boulevard & Stewart Avenue and the other at Frazier Street & Foster Avenue, have in the past been discussed by the City Council as potentially needing a traffic signal. The tragedy last year involving a pedestrian walking along Baldwin Park Boulevard near Stewart Avenue brought to light prior discussions to install a traffic signal at that intersection. That intersection had been discussed about seven years ago, but was not designed nor constructed due to a lack of available funding at that time and because other traffic signals were underway and those had been given a higher priority. The intersection at Frazier Street & Foster Avenue has also been requested by neighboring residents around Sierra Vista High School and discussed by the City Council as potentially needing a traffic signal primarily due to traffic safety considerations and heavy congestion as children are walking to and from school combined with vehicular traffic from school drop offs and from residents commuting to work in the morning peak hours. Traffic Signals — Status Report February 1, 2012 • , Page 2 of 5 On September 7, 2011, after the tragic accident which occurred near the Baldwin Park Boulevard and Stewart Avenue intersection, the City Council directed staff to review this intersection and accident history, and to proceed with a traffic signal installation. Staff initiated a Traffic Signal Warrant Study for the Baldwin Park Boulevard & Stewart Avenue intersection. A Traffic Signal Warrant Study was also done for the Frazier Street & Foster Avenue intersection. This latter study was also performed because of prior requests by the City Council to consider this intersection for a traffic signal due to congestion which had become a community concern. The congestion was in part attributed to traffic impacts caused by incremental development that the city had experienced over many years, and in particular, the impact from the nearby DC Corporation 52 unit rJPx /PlnpmPnt Whir-h iS currently unriprxAmv nn FoStpr AvPn!!P, This development had a mitigation measure which requires the developer to pay $60,000 flor i +t ch^rP of the r r)ct r,f n frnfir- cinnni of Grctr /CrP-7i,-r ¢ Before a local agency may install a traffic signal, a legal requirement called a "warrant study" must be performed, and the study's result must allow the installation of a traffic signal. A warrant study provides the City with the legal justification to install a traffic signal. A warrant study was performed for each of the two intersections, and the study indicates that the City may install a traffic signal at each of the two intersections. Anal semis After a warrant study justifies the installation of a traffic signal, the design and the plans must be developed. To expedite the installation, staff has engaged a traffic engineering consultant to complete the design of the traffic signals. The design is now underway, and the plans will be ready for advertising for construction bids in April 2012. Staff suggests that advertising for both signals be done as one project so that the construction bids are lower than if they were to be bid out separately. Staff is prepared to do this if the City Council so authorizes it. When the construction bids are received and analyzed, the City Council will still be required to authorize construction funds and to award a construction contract. Advertising a project for construction bids does not obligate the City to award a contract and the City maintains the right to cancel the project. Funding As suggested by staff when the City Council requested the feasibility of the traffic signal at Baldwin Park Boulevard and Stewart Avenue, the cost could be covered by Measure R and /or Proposition C funds. Staff has determined that Measure R funds qualify and, moreover, staff has submitted a request to MTA to set aside $150,000 for this traffic signal. These funds may be expended in July 2012. Traffic Signals — Status Report Page 3 of 5 February 1, 2012 The traffic signal at the Frazier Street & Foster Avenue intersection has partial funding which had already been set aside. DC Corporation's fair share of the incremental traffic impacts from their development at Baldwin Park Boulevard and Foster Avenue was established to be $60,000. Since the cost of a traffic signal is approximately $150,000, there is a funding shortfall of $90,000. Other funds that the DC Corporation 52 unit development on Baldwin Park Boulevard is obligated to pay is for removing one power pole on Baldwin Park Boulevard for undergrounding of electrical power in the amount of $100,000. However, it is not economically feasible nor is it advantageous to only perform underground of one wooden pole at a time. The development's conditions of approval is for the payment of an in-lieu fee into a special fund, and when sufficient funds are available, then an effort to complete an undergrounding district could be initiated. A typical amount needed for a district is $2 million which would cover 10 to 15 poles. At this time- it is not in the 1ULU1t:: LU complete an undergrounding UltAII(A. As an option, the Baldwin Park community and especially the residents adjacent to and immediately surrounding the DC Corporation 52 unit development could begin to experience some relief from the funds that have been earmarked as mitigation from this development's impacts. Instead of waiting for many years for an aesthetic improvement on Baldwin Park Boulevard, the City could authorize utilizing these funds to complete the traffic signal at Foster Frazier. As it currently stands, this traffic signal has only partial funding, and authorizing the funds as suggested would guarantee its installation this summer. Design Status & Schedule The City hired a consultant firm to conduct the warrant studies for the (1) Baldwin Park Boulevard & Stewart Avenue and (2) Frazier Street & Foster Avenue intersections pursuant to the City Council desire to improve safety where necessary. The warrant study is a legal requirement needed to support traffic signal installations, and the warrant studies recommend that a traffic signal be installed at both locations. Staff has initiated the design effort for the traffic signals. The cost to design each one is $8,000. Since the City Council had indicated that the traffic signal at Baldwin Park Boulevard & Stewart Avenue was a priority, the design was imitated December 2011 and will be completed in March 2012. The $60,000 funds from DC Corporation for the 52 unit development are specifically to install a traffic signal at Frazier Street & Foster Avenue intersection, and therefore staff had authorized this design so that when sufficient funds became available, this traffic signal could be completed. This design will also be ready in March 2012. Traffic Signals - Status Report Page 4 of 5 February 1, 2012 If authorized by the City Council, when the construction bids are ready, staff would bring the bids back to the City Council for review and potential award of a construction contract. Bids could be available for City Council review in June 2012. Staff suggests this procedure so that the traffic signals could be installed as soon as possible in the summer months before the school year begins. Also, upon the completion of the design sometime in April 2012, staff would bring back to the City Council a report requesting authorization to order the steel poles for the traffic signal. The steel poles typically take 60 to 90 days to order, so by doing this, if the City Council is inclined to authorize installation of either or both traffic signals, the contractor could complete the installation in the summer 2012. FISCAL IMPACT There is no fiscal impact to the General Fund associated with these traffic signal irnnrn%,,arnr-,n+c Th® +nklr-- haln%At cZj iryinnnri-7ric the f, 1-ric nx'nil�kl� +� +k_ ii i : — I — � a :— �i— --.— — --i i ii i i�- i� U i i i:` signal installation- Total Available Funds $310,000 The table below summarizes the estimated expenditures: Proiect Expenditures Traffic Signals — Status Report February 1, 2012 Page 5of5 If the City Council authorizes the use of the Frazier & Foster developer impact fee for undergrounding in the amount of $100,000 to instead construct the traffic signal, staff recommends moving forward with completing the design for both traffic signals. At the time the design is completed, staff will bring back a request to the City Council for the purchase of the steel poles while the advertising for construction bids take place. Staff recommends that the City Council: 1. Approve the transfer of funds from the DC Corp off -site improvement set aside to underground one wooden pole and to instead be used towards the traffic signal installation at Frazier Street and Foster Avenue; 2, Authorize staff upon completion of the design to advertise the traffic signal at Baldwin Park Boulevard and Stewart Avenue for construction bids; and 3. Authorize staff upon completion of the design to advertise the traffic signal at Frazier Street and Foster Avenue for construction bids; and None CITY COUNCIL AGENDA P - A - R - K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: February 1, 2012 SUBJECT: ACCEPTANCE OF THE ROADWAY IMPROVEMENTS ON RAMONA A, 1-605 TO FRANCISQUITO AVENUE, FEDERAL PROJECT NO. ESPL- 5323 (018) NO.: L1 ES411, CONSTRUCTED BY SULLY-MILLER CONTRACTING COMPANY AND AUTHORIZATION TO RECORD THE VOTICE OF COMPLETION. The purpose of this report is to provide an overview of the completed work and consider the project's acceptance, contract closeout, and authorization to record a Notice of Completion. MAUMARM Last year, this City made preparations to ensure the City had shovel ready projects to fully utilize Stimulus funds that the Federal administration was making available under ARRA infrastructure funding. After successfully applying and qualifying for funds, the amount that the City was allocated was approximately $2.4 million. The two projects approved by the Federal highway Administration (FHWA) and Caltrans are the Ramona A and Ramona B improvements as follows: (1) Ramona A - Ramona Boulevard, 1-605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. This project consists of the (1) Ramona A - 1-605 to Francisquito, Avenue, and includes rehabilitating the roadway pavement on Ramona Boulevard from 1-605 to Francisquito Avenue. Essentially the work involves repairing concrete improvements and placing a rubberized asphalt concrete overlay. Concrete repairs include replacing damaged curb and gutters, cross-gutters, spandrels, sidewalks, and drive - approaches. Related work includes repainting traffic stripes and pavement markings, performing irrigation and landscaping upgrades and repairs, and planting trees and performing hardscape modification in the medians. Notice of Completion for Ramona A Street Rehabilitation Project Page 2 of 3 February 1, 2012 On February 17, 2010, the City Council approved the plans and specifications, and authorized staff to advertise the Project for construction bids. Prior to this authorization, Staff had already received notice of funding authorization from FHWA which meant that the City could now proceed. On April 27, 2010, Caltrans conducted a Pre -Award Audit. This is a necessary step in order to ensure Federal funding. The pre -award audit was successful as there were no findings to correct, and the City was cleared to proceed with contract awards. Upon award of the construction contract, the City was required to send an award package along with a pre -award audit checklist to Caltrans prior to the start of construction. In addition, the pre -award audit approved the process we used to recommend a construction management consultant. On May 19, 2010 the City Council awarded a construction contract to Sully - Miller �' ^n }r�snii rery f`n �zssrx z., .n 4he �r4ete --+ t Q4'$ A! A adV:iti eAVeii :F�. %iVi i ijaZ iiy ii` U. iGli i 1 L41 ii iii iii V.J,J, -T i i. I7E+ -Tei Construction began in October 2010. Except for the entry monument and other miscellaneous items, the work was substantially completed in March 2011. The landscaping maintenance associated with the project carried the completion date out to December 1, 2011. Before a project may be closed out, federally funded projects are sometimes selected to undergo a Caltrans audit, and sometimes even a cumbersome and exhaustive FHWA audit. Due to the magnitude of ARRA funds awarded, FHWA has been performing audits on many projects. Our City has been selected and both Ramona projects have each had three audits. A final audit will be performed sometime this spring 2012, and both Caltrans and FHWA have indicated that both projects must be closed out. Upon satisfactory completion of the audits, the City's will receive its final reimbursement of which is 5% of the grant. The good news is that both projects had outstanding landscape maintenance which required 12 months of effort and which was completed December 2011. There is no fiscal impact to the General Fund associated with this project. FHWA has authorized the City to expend up to $950,000 of Federal funds for the construction of this project, including contingencies. Expenditures of authorized Federal funds will be fully reimbursed as noted above. Notice of Completion for Ramona A Street Rehabilitation Project February 1, 2012 The following table summarizes the project expenditures: Page 3 of 3 Total ARRA Funds $950,000 Preparation of Construction Documents Consultant - Transtech $10,000 j Total PS &E Cost $10,000 Construction Expenditures Construction Contract (Sully - Miller) $833,411 Contract Change Orders $21,688 Total Construction Cost $855 ;009 I Construction Management The remaining unexpended grant funds in the amount of $11,181 will be claimed by the City as administrative support to the ARRA funded project and for costs related to a number of audits. This will maximize the use of the grant funds awarded to the City since administrative and audit support is a qualifying expenditure and will be reimbursed. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by Sully - Miller Contracting Company and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of the retention funds remaining for Sully - Miller Contracting Company upon expiration of the 35 -day lien period for a total construction contract of $855,099. ATTACHMENT Notice of Completion When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use On Attachment Notice is hereby given that the certain work of improvement known as: Ramona A Street Rehabilitation Project for the City of Baldwin Park was accepted by the City Council on: February 1, 2012. The work of improvement was performed and completed by: Sully - Miller Contracting Company on December 1; 2011. The undersigned, being duly sworn, is the Director of Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. s Date: Edwin "William" Galvez, P.E. Director of Public Works /City Engineer NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of } )SS , 20 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature TO: FROM: DATE: SUBJECT: V- 1100"I"i Honorable Mayor and Members of the City Council Edwin "William" Galvez, Director of Public Works jn.�M CITY COUNCIL AGENDA FEB 0 1 10% ITEM W The purpose of this report is to provide an overview of the completed work and consider the project's acceptance, contract closeout, and authorization to record a Notice of Completion. I auscael In 2009, this City made preparations to ensure the City had shovel ready projects to fully utilize Stimulus funds that the Federal administration was making available under ARRA infrastructure funding. After successfully applying and qualifying for funds, the City was allocated approximately $2.4 million for two Federal Highway Administration (FHWA) projects as follows: (1) Ramona A - Ramona Boulevard, 1-605 to Francisquito Avenue, and (2) Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. This report is for (2) Ramona B project - Francisquito Avenue to Merced Avenue. The work consisted of rehabilitating the roadway on Ramona Boulevard by repairing concrete framing the roadway and placing a rubberized asphalt overlay. Concrete repairs included replacing damaged curb and gutters, cross-gutters, spandrels, sidewalks, and drive-approaches. Related work included repainting traffic stripes and pavement markings, performing irrigation and landscaping upgrades and repairs, planting trees, and performing hardscape modifications in the medians. Notice of Completion for Ramona B Street Rehabilitation Project Page 2 of 3 February 1, 2012 On February 17, 2010, the City Council approved the plans and specifications, and authorized staff to advertise the Project for construction bids. Prior to this authorization, Staff had already received notice of funding authorization from FHWA which meant that the City could now proceed. On April 27, 2010, Caltrans conducted a Pre -Award Audit. This is a necessary step in order to ensure Federal funding. The pre -award audit was successful as there were no findings to correct, and the City was cleared to proceed with contract awards. Upon award of the construction contract, the City was required to send an award package along with a pre -award audit checklist to Caltrans prior to the start of construction. In addition, the pre -award audit approved the process we used to recommend a construction management consultant. On May 19, 2010 the laity Council awarded a construction Contract to to PaveWest In +hhe mmni irk+ of (Z7 761 qqc DISCUSSION Construction of the paving improvements began in October 2010. While the concrete repairs and paving improvement comprised the bulk of the work, landscape maintenance and other related work items were purposely called out to be 360 calendar days. This was so that impacts on our crews and our responsibility to perform maintenance on the medians islands on Ramona would be minimized. Except for minor paving items, the work was substantially completed in February 2011. However, as noted above, the contract contained obligations to maintain landscaping for one year, and this was satisfied in October 2011. Before this project may be closed out, federally funded projects are sometimes selected to undergo a Caltrans audit, and sometimes even a cumbersome and exhaustive FHWA audit. Due to the magnitude of ARRA funds awarded, FHWA has been performing audits on many projects impacting many municipal agencies. Our City has been selected for such FHWA audits on both Ramona projects. Each project has already undergone three audits. A final audit will be performed sometime this spring 2012, and both Caltrans and FHWA have indicated that the improvements from both projects must be accepted as completed. Upon satisfactory completion of the audits, the City's will receive its final reimbursement. Although the City may not yet have received all reimbursement claims to date, the City will upon closeout of this project claim the last $10,000 remaining on the grant. FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. FHWA has authorized the City to expend up to $1,430,000 of Federal funds for the construction of this project, including contingencies. Expenditures of authorized Federal funds will be Notice of Completion for Ramona B Street Rehabilitation Project February 1, 2012 Page 3 of 3 fully reimbursed. This project grant does require a $70,000 match which staff received approval on from MTA to use $70,000 of Proposition C funds to satisfy this match requirement. The following tables summarize the project's financial standing: ARRA Funds $1,430,000 City Match $70,000 Total Available Project Funds 1,500,000 Preparation of Construction Documents Consultant - Transtech $10,000 Total i JaxG \.VJC ?.L U,VUU Construction Expenditures Construction Contract (PaveWest) .. _ ........... ................. $1,261,335 ........... Contract Change Orders $123,675 Total Construction Cost $1,385,010 Construction Management CM Contract - DelTerra $100,365 Audit Preparation & Support - EBA Associates $5,000 Total CM Cost $105,365 Remaining Funds <$375> The expended funds exceeded the available grant funds in the amount of $375. This is a minor amount compared to the project value of $1.5 million. The overage can be paid out of Proposition C funds. Upon the State or MTA audit of our use of Proposition C funds, the local agency is allowed to exceed expenditures by up to 20 %. It is recommended that the City Council: 1. Accept the construction improvements by PaveWest Contracting Company and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $10,000 in retention funds to PaveWest Contracting Company upon expiration of the 35 -day lien period. Notice of Completion When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use Onl /1 Notice is hereby given that the certain work of improvement known as: Ramona B Street Rehabilitation Project for the City of Baldwin Park was accepted by the City Council on: February 1, 2012. The work of improvement was performed and completed by: Pavewest Contracting Company on October 27, 2011. The undersigned, being duly sworn, is the Director of Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. CITY OF BALDWIN PARK By: Date: Edwin "William" Galvez, P.E. Director of Public Works /City Engineer NOTARY PUBLIC CERTIFICATE ) STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) SS On this day of , 20 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature rr r �p e° TO: Honorable Mayor and Members of the City Council FROM: John Yeung IS Supervisor DATE: February 1, 2012 .y ` '. i _ NEW COPY MACHINES . . . • The purpose of this report is to receive City Council approval to enter a Lease Agreement with CDE Office Solutions for three copy machines. BACKGROUND The lease agreement of copy machines located at Public Works, Police Record and Community Center expired on December 2011. Due to the age and heavy usage of these copy machines, they start to break down a lot and they also require more electricity to operate. The new copy machines will be more reliable, reduce down -time, more energy efficient and provide cost savings on the lease payments and operational expenses. They also provide more features and latest technologies to streamline workflow. Staff had searched different vendors and had been attending many copy machine demonstrations. We have obtained seven proposals as followings: Monthly 75,000 Staff recommends CBE Office Solution due to its lowest cost. CBE offers their contract with one dollar buy -out when the lease expires in 60 months. Our current contract monthly lease payment is $1,122.97, the monthly per copy cost is $0.0060. Base on 75,000 copies monthly usage, the operational cost is $450.00 per month. With this new contract, the monthly saving of the lease payment will be $523.97 and the saving of the monthly Brand Monthly Cost per Copies Monthly Vendor Name Lease Copy Usage Total CBE Office Ricoh $ 599.00 $0.0044 $330.00 $ 929.00 Advanced Office Ricoh $ 628.00 $0.0043 $320.50 $ 948.50 Xerox Corp. Xerox $ 537.51 $0.0064 $480.00 $ 953.79 Ricoh Direct Ricoh $ 632.92 $0.0043 $320.50 $ 955.42 Kyocera Kyocera $ 610.00 $0.0050 $375.00 $ 985.00 CDS Canon $ 686.32 $0.0046 $345.00 $1,031.52 IBE Digital Konica $ 709.49 $0.0057 $427.50 $1,136.99 Staff recommends CBE Office Solution due to its lowest cost. CBE offers their contract with one dollar buy -out when the lease expires in 60 months. Our current contract monthly lease payment is $1,122.97, the monthly per copy cost is $0.0060. Base on 75,000 copies monthly usage, the operational cost is $450.00 per month. With this new contract, the monthly saving of the lease payment will be $523.97 and the saving of the monthly operational cost will be $120.00. The total savings of monthly lease payment and monthly operational cost will be $643.97. The annual saving will be $7,727.64. FISCAL IMPACT There will be an annual saving of $7,727.64 report for council's review and information. A copy of vendor proposal is attached to this RECOMMENDATION Staff recommends that the City Council approve entering into a 60 months Lease of one dollar buy-out Agreement with CBE Office Solutions through De Lage Landen Public Finance LLC — State and Local Government Lease-purchase Agreement for three copy machines. 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JURY TRIAL WAIVER.:Th, ane ..lush to ,,. nnil ,..i.ai , r,;i.uui *il 10 [._ As, M AA Nvo YN iMh vYd, N On aMid yo t.t a, M. YOU J d it , l di 16 21_ ENTIRE AGREEMENT., SEVERABILITY: VAIVERS ih i pautnownE ft3q(-.i._re W O.. ,r eJL19jF s r_il-ia M W van ul QW Fj, rc. pnitV;.>nF i.a. > "Jao 'aLeo", .I�exF,'It rx la,i ._as3rx "'a!i..3I, ka' - t t M MA A CI LB„ D Es t StA,,irl,1. 25. €ACSTAILE DOCLIN1 NlAI 1033! 0 C: y d r.4- r-- ATTACHMENT I STATE AND LOCAL GOVERNMENT LEASE - PURCHASE AGREEMENT Lease Payment Schedule l _ ; DE LAGS 1,ANDEN PUBLIC FINANCE EtC PUB INM4 r1 GE'[ nr;9 i.nao 02 f i Ir.>ti 1 2 . t,}.f -``} 0,OU 0. 0f7 s 3,1980 .FY.n. (1..( }0 (13)12.62 651,41 15'3.9(7 ,14174.5 33.48?}.3.9 34,4,-d4 06 3 04,'139,1201 33.05,49 3 05/09120 1'.., 65 i 41 i5:�.32 49(4 09 32,499,53 '3q 471. ;2 4 C;3 ;(1),2) }2 €751,11 1x21£19 4.38.,2 32 007'11 12,9(, {.14 5 (1.109720(2 a51, -11 150,64 ttL)0.1i' i1,. ",d14J.1 2,415,3 ?1 6 08!09r2012 651.11 143.28 503,13 3 {1„ 397.21 3 i 917.1: 1 t }a'rtlITlt) 1`W 65 41 145:9: riYX:St'J 0,491 71 i .i 1 4 06.4 +3 8 1Wf,)9321`12 651,41 14353 50788 21,x85,83 311,8(13,,14 9 11it) 2, Cl 661 41 a1:1L 510(27 29,473,56 tt3� 3� 13 12' 0912012 651,41 VOR74 51167' 28,960,34' M82972 11 01'''0(9120'1:7 6551,4'1 136,3:1. 515k 23,4.1531 29,299A8 12 (33:7(7.3 'C 13 651,411 1:73.10 517,51 27,928,30 `1:,7336.15 13 031090j1;3 $51.41' 131,47 51�,94 27,40U.36 23,2371.61 14 04,1 9121,13 651,41 129,02 527 :aft 26„885.37 23,(392:55 15 f)5i092...t3 651.;41. 1 41t "56 52185 r_a 161,1.2. 2 1 5 : ?.1d ?: 16 }1 3,' t;i 65 i,41 i2 ,09 62'r 32 fira "fi at% 19,81 1.? :111{16 L ; ;} 615E 41 121;61 529,813 25,,3,€ , 00 � ,,0,33,12 1 082,09i2U13 65 1Al 1i� +.: €1 532; €t 21.771,70 25,5) 14,86 i it 651.41 11 3 1 534.80 14"230 90 2t) 1;%7551 a(.i3 6514.1 11409 r; ,l '12 2 r,< %9"11. 24,470..5 r 21 111X,7.", 13 651.11 1 {i. , " ": 3330.7;7 1,15x.73 2M54,151? 2 1;';5 '11;; 651 +i1 1(Yf, 1Z 54x 39 22,6 13,34, 23,2953,{;, 213 {11/01320111 6,1.41 1.):;5;1% 544,94 22,972.40 22,734,5 r' 24 (121/00120 14 (751.41 13:3,90 54751 2 1,.21.K) 22,110,34 2'.:x C).itG43i1G't4 651;47 10 ,33 550 08 11.0114.31 ZI - 304.05 3hifi f 2 E t4 65 1.4'1 93:7.74' 552.(37 20),122 14 '.i () 1�1.5ti Gi r ;31ti, °r,'f115i 6f,i 1 41 930 13 555,28 £t :517 20.462.87 28 'J 1 651, 4'i 52 5 ,,3 1` ..1Ett31} t,t ` }`),22,4 2 72 (1:'; i t2' 0 1 4 6;}1,44 Sv:e`i *{ *;yf,; E"},�g 13,7,L3,45 19.3 it). 90 4 (.)1. 4 1 :151 r.Ei. 573.15. 19, 14137 1 i,! t,t0 1 . 6")1.41'. 85 fi?S: 5(75.11,'1 , . {,19,49 1 3,1.48..(17 :S2 1 8�:54= O'6'.�1f Ef,(51,102 .1'i. 1 8027 57 1,1.4 PSG," 79,3( f }14...Z3 1 12,,;3,30.1)14'' C =51:11 1x7,5 571,113 15,906,65 (0.3.33,:3 15 01 r5 651.41 711,68 570,53 r ar 5 2 15,M,41 36 02;0q1,N IS :51 , 1 13 579,25 1,75().27 LESSEE ;7iE1 € . h E it '` s, i1 i F S`? } fV O C.} C r u;. a. Lease Payment Schadulo 1 OE LAGE LANDER PUBLIC FINANCE LLC J� GRY of 'Balklv�io P"I;k (- 94 5w7 47 61,18 6 9 1) 23 56!43 Y' 11 9,17 C17 1, 1,5r3,,a 5 €1 .15 i j, 4 G i`+ 3i 0'1 49,98 601,43 6 C, I A 1 38 6,1113W20 I s 6 5'i..41 3;..,63.. 05,'(19120 15 651 .41 615 71 ` }6,109' ;2(i.? 651 41 41 651 41 624A5 24,02 627,:1x3 21,07 1194912 0 i 5 C51, Al 411 1 151.4 1 45 11 x015 Fi, 0 4 2,,:3') 12 6,101(1 65 tAl 47 0 VO 9,2 016 651,41 .1e;' 02"OW2016 651 41 40 0 31OW20 16 651,41 501 0111,091,2016 651,41 !) I O.IIM2016 (1,15 t,411 52, "A", .9;20 10 %51,41 53 6 651,41 54 65141 691,41 11 Xf,"Y20 1 (15 1,41 58 5 9 8 tj0 LESSEE lww!, 1 6D,13 a 58,158 1,3,6 f) 1.61<i (- 94 5w7 47 61,18 6 9 1) 23 56!43 533.0:1 11 9,17 C17 1, 1,5r3,,a 5 €1 .15 i j, 4 G i`+ 3i 0'1 49,98 601,43 04,215 A 1.45 3;..,63.. 612.113. '0,+567,17 615 71 i4; 5 ") 618,61 26 +,88 621.5:5 26,96 624A5 24,02 627,:1x3 21,07 630,34 1,8, 10 6;,,"3.3`1 IS 12 !136 29 12.3? 639-29 1 Z13 1136 0 4 2,,:3') i ;43,34 6 4 5, f-I 7 6,18,34 5 1 133.7 7 33,088) e,'l 2 ,, 2 4� I cv I G8,2' v 14,�9134 58,158 1,3,6 f) 1.61<i 12,996 11 13.3ffi 99 12.405, <3`3 12, `78,06 11.8 12,V 12, HU7,25 11 9,17 C17 1, 1,5r3,,a 5 €1 .15 i j, 4 G i`+ 3i 0'1 10,017,03 10,317-54 7. 8 i, 8 P9, 7, 31( ;3 7 '0,+567,17 7,176 19 i4; 5 ") fa, Sat1 5,727,03 5,898-64 5,102,58 5,255BG 75, x,21154 3,30 ","9 1,935,3x3 1.004,04 1 Z13 1136 1,: 3,247 i ;43,34 6Ci7 7'1 (Ula €) li I) cv Superior Products Ricoh Pro MP9001 Police Department Quote based on Ricoh US Communities Contract for Cities & Non Profits -Copy/Print Speed - 90 ppm Black -Scan Speed — 90 ipm Black /55 Color S H A RZ P31 -First Copy Out Time: 3.3 Sec. Black J N" -Memory: 1.50 GB RAM / 160 GB HDD Z,29, L "J252111 "" -100-sheet Reversing Automatic Document Feeder -Reduction/Enlargement (25% - 400%) Business Partner -(2) Paper Tray Drawers - 550 Sheets each J:hju -2) Paper Tray Drawers - 1550 Sheets each I • Finisher Stapler t -Power Filter D 01- If i very, 11 in so t -0 1 If -0 t if o n a n U I I CHI iii Iy Rules Based Printing Cost Reco very Lease ($1 Purchase Municipal lease) MP9001, MP7001 & MP6001. Length: 5-year Superior Support Monthly Payment: $599.00 LIVEPerson Chat Includes ❑ Hardware, Set u p,,,D e riv ry & Training included. CPS Tracking ❑ Service Includes all parts, Labor, Supplies (except paper and staples) Centralized Dispatch ❑ Copies/Prints billed as needed@ 0.0044/imagex-A-'6 � 4 -Hour Response covers all 3 machines. �- �� C) .0 0 ❑ CBE to ship machines back to leasing Company @ no 5-year Guarantee I Charge. ❑ CBE to ship 3 Oce's back to leasing company at no 1,14127111 "Iffi,%mg Charge. CE. FLL EIRIUSINESS EQUItPhl, NT Equipment by Department Police Department Ricoh N1PAOO1SPF 6D Month Lease Copy, Print, Scan 3,0100 Sheet Sorter / 50 Sheet Stapler Community Center R I G- 01-1 K8P7OO10- PF 6O8V11un@Leuue Copy, Print, Scan, Fax Engineering Ricoh KAPGOO1SPF 5D Month Lease Copy, Print, Scan 3.UOO Sheet Sorter /5O Sheet Stapler Equipment Total (3 units) Service and SupplV Program $628.00 + tax per month Fleet Service and Supply Includes 75,000 BW pages (on any device). Overages: $0,00,43 Total Total Monthly Amount with equipment and service: $948.00�,+ applicable taxes per month Service And Supply Progra.m Details: The AOS/IP Service and Supply Program includes unlimited service ca 'g, all parts, labor and all supplies including toner, developer and drum (except staples and puper). The Service and Supply Program begins the day ofdelivery. Service contract pricing fixed for 5years. Thank You! Andrew Dixon KayeK8onaoheUi 714-547-9400 x235.211 r- (D _0 r- (D Zt -4 -4 -4 to 0 . I I I I . -4 a) > > 0 0 m 0 0 (A 0 0 0 -0 c 0 0 D c 3 0 0 < ZY 0 0 - < Va 0 0 < 3 U) 3 -n CL 0 U) ID , * 0 o (D W 0 — , (D — 0- 9 0 0 -n 0 (D -n (D (D (D -4 -4 4 =3 -4 =r :3 C, cl 3 CD (a _0 C/) (D x (a 'U C� (a 0 Ct) z Z m (D m m 0 0 0 0 0 0 0 > ;o P. 3 3 r- (D _0 r- (D Zt (D (D (D Va 0 0) 0 (D (D (D (D (D 0 3 0 0 3/ 0 0 0 0 0 0 > P. 3 3 -n ZZ a 0 0 = < < ro i (D CL (D CL (,D (D (D cn cn x x x rl) (D q (D 0 B x 0 x x S2 C� S2 R 9 / /\ }\ ( \�\ (D 3 0 =r 0 0 0 0 0) T 0 C/) -a 0 C/) -0 0 M. 0 0 -0 0 :3 L 0 0 5, w M 0 (D w -n 3 0) -n 3 w -n 3 a) R CD CT R, (D E 5<. CD cr a (D (D cl (D w Q- (D ct) (D ® CL - 6 ®. :-4 CL (D _0 CL (D '0 CD (D (D (D c C: CL (D Q- (D Q- CL (D ... ... .. ...... Quote: 964599 LEAS . YMENTSCHEDULE Number of Payments 60 Payment Frequency Monthly Payment Amount $955.42 Contract Term 60 Plus Tax By: Title: Print Name: Date Accepted: Date Signed: Customer acknowledges that it has received copies of the Terms and Conditions of Sale or Lease Agreement and Maintenance Agreement, as applicable to this Order Total Payment Amount nd of Lease Option Fair Market Value Advance Payment Amount :60 IMPORTANT: READ BEFORE SIGNING. THE GENERAL TERMS AND CONDITIONS AND MAINTENANCE TERMS AND CONDITIONS OF THE ORDER AGREEMENT AND THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT BETWEEN YOU AND US, CHANGES MADE BY RICOH PERSONNEL OR ANYONE ELSE DO NOT BECOME PART OF YOUR AGREEMENT. YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, THIS AGREEMENT IS NOT CANCELLABLE, YOU AGREE THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. YOU CERTIFY THAT ALL THE INFORMATION GIVEN IN THIS AGREEMENT AND YOUR APPLICATION WAS CORRECT AND COMPLETE WHEN THE AGREEMENT WAS SIGNED, THIS AGREEMENT IS NOT BINDING UPON US OR EFFECTIVE UNTIL AND UNLESS IT IS EXECUTED BY US. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY. Aficio MP 6001SP CUSTOMER ACKNOWLEDGES AND ACCEPTS PER BLACK COPY CHARGE OF 0.0043 IN EXCESS OF 225000.0 PER QUAR 1 ER CUSTOMER ACKNOWLEDGES AND ACCEPTS PER COLOR COPY CHARGE OF 0.0 IN EXCESS OF 0.0 PER QUARTER jCUSTOMER ACKNOWLEDGES AND ACCEPTS THAT TONER IS INCLUDED AS PART OF THE MAINTENANCE AGREEMENT Aficio MP 7001SP Included Above Aficio MP 9001SP Included Above Accepted: Customer Name: RICOH AMERICAS CORPORATION City of Baldwin Park 5 DEDRICK PLACE WEST CALDWELL, NJ 07006 By: Title: By: Title: Print Name: Date Accepted: Date Signed: Customer acknowledges that it has received copies of the Terms and Conditions of Sale or Lease Agreement and Maintenance Agreement, as applicable to this Order (Agreement and acknowledges that such Terms and Conditions are incorporated into this Order Agreement. UNCONDITIONAL GUARANTY In consideration of Ricoh entering into the above Order Agreement (the "Agreement ") in reliance on this guaranty, the undersigned, together and separately, uncondit' ally and irrevocably guarantee to Ricoh, its successors and assigns, the prompt payment and rformance of all obligations under the above Agreement, which shall include all payments due un any Lease Agreement. The undersigned agree that (a) this is a guaranty of payment /bych coon, and that Ricoh can proceed directly against the undersigned withou isposing of any se cur' or seeking to collect from Customer, (b) the undersigned waive all defenses and notices, e of protest, presentment and demand, (c) Ricoh may renew, extend or of hvise change the ms of the Agreement without notice to the undersigned and the under ' ned will be boanges, and (d) the undersigned will pa y all of Ricoh's costs of enforcement d collection. UNDERSIGNED HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY, THIS G QRANTY WILNED BY THE LAWS OF THE STATE OF NEW JERSEY. 'ersonal: Personal: By: Address: Social Security Number: Date of Birth (MM /DD/I Witness: (Individually) By: Address: Social Security Number Date of Birth (MM /DD/ YY): Witness: (Individually) ED­ On/10 =' I O R Total ocu7��cnt anager��cnt Program for: Lease Payment Option $610.00 Per Month Lease Term 60 i M o_n_ths All - inclusive Service and Supply Agreement: Our Service Commitment At Kyocera, the sale is just the beginning of the relationship. We consider ongoing support our number one goal. Therefore, you can rely on our knowledgeable support staff to keep your enterprise hardcopy and electronic information flowing. Provide prompt 4 Hour service response. Have parts and consumables available for immediate delivery. Provide excellent aftermarket support. Deploy expert Service Reps. that are experienced on only Servicing the Kyocera Brand. Employ courteous Customer Service Reps. Monthly Service Cost $375.00 Per Month. Volume Included 75,000 Copies Per Month Pooled 6 ( 0 -� vl-�- --- Confidential AI ADVANCE W-7 3-Canon imagelOMI 11�W 3 Includes: 75 page per minute Scan 120 page per minute & (Color 85 page per minute) Duplexing Auto Document Feeder 2-Cassette 1,500 sheets each 'paper drawers) 2-Cassette 550 sheets each (paper drawers) 1 -Fax Board 100-Sheet Stack Bypass Multi-Position Stapler Finisher UFR 11 Printer Board (Network printing) Universal Send: (Scan to e-mail, I-Fax, Scan to file) Deiliverv, Installation, Network and Training LEASE 60 Month Lease 75,000 copies per Month (Quarterly Billing) Monthly Base Charge Overages billed @ $0.0046 per copy Supplies and Service Package Includes: • Unlimited Service Calls, Parts and Labor • All Supplies Included (excludes paper and staples) Cu rent {loin hiy Cost. ; -OCE IM75 9, $345.00 $1,031.32 Monthly Lease $ 1,122.97 Service and Supplies base on 75,000 copies $ 455.00 Overage rate billed @ $0.0108 per copy Total $1,577.97 CDS will remove 3-Oce copiers #7520474, 7520471, 7520465 & return back to the leasing Company at no charge ($1, 500.00 charge waived) ITIRUMIR ffluffrarly M, Option 1: ® (1) Bizhub 601, (1) Bizhub 751, (1) Bizhub 950: 1/' ® Purchase price: $34,694.03 T,j .4�i ® Monthly Lease Payment: S70%49 16 6) month leasel Included Service Agreement Volume: • 900,000 copies/prints annually ® Unlimited scans/outgoing faxes All figures do not include sales tax; Overages billed annually ��iTdE OP He YEA" Is1; R A N 1) IBE Digital — 12921 East 1661h Street Cerritos, CA 90703 562-921-0202 Brandon Gross ext. 154 P - A - R ° K TO: Honorable Mayor and Members of the City Council FROM: Joseph W. Pannone, City Attorney _ Vijay Singhal, Chief Executive Officer DATE: February 1, 2012 0 1 _, ITEM N0.__.1�_ SUBJECT: Ordinance Amending Section 10.19 of the Municipal Code Relating to Claims against the City for Money or Damages PU®nOSE Section 10.19 of the Baldwin Park Municipal Code (BPMC) provides regulations governing claims against the City for money or damages not otherwise governed by the Government Claims Act. However, this section of the BPMC is silent as to any requirements requiring a "pay first, litigate later" requirement with regards for any tax refund claims or tax disputes concerning any City taxes, and as to requirements for class claims. The proposed ordinance would add language to Section 10.19 of the BPMC setting forth the "pay first, litigate later" requirement and prohibit class claims unless verified by each member of the claim. DISCUSSION Traditionally, in California a person challenging a claim against municipal taxes, fines or fees must first pay the disputed amount prior to filing a lawsuit. That is known as the "pay first, litigate later" or "pay first" requirement. That practice stems from Article XIII, § 32 of the California Constitution which requires all taxes due to the State be paid before seeking judicial review of a tax assessment. The "pay first, litigate later" rule allows revenue collection to continue during litigation so funds necessary for essential public services are not withheld from the State. However, in City of Anaheim v. Superior Court, that State provision was distinguished by the California Appellate Court. (179 Cal.AppAth 825, 831 (2009).) In a startling departure from the settled rule, the Second Appellate District Court of Appeal held the "pay first, litigate later" rule did not apply, and the City could not rely on the California Constitution, but needed its own local ordinance. The proposed ordinance amends Section 10.19 of the BPMC to add language which requires persons challenging the payment of taxes, fees, fines and other payments to the City to make such payments prior to commencing any actions to recover any payments. That provision will protect the City against delay tactics that could preclude payment of taxes, fees or fines legitimately due and owning to the City for several years. The proposed ordinance also amends Section 10.19 of the BPMC to add language which Ordinance No. 1345 Page 2 of 2 provides the reference to Government Code Section 910 shall not be construed to authorize a class claim, and prohibits claims filed on behalf of a class of persons unless verified by every member of that class. None at this time. Introduce for first reading proposed Ordinance No.1349 amending Section 10.19 of the Municipal Code Relating to Claims against the City for Money or Damages. ATTACHMENT • Exhibit A: ORDINANCE NO. 1349 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 10.19 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CLAIMS FOR MONEY OR DAMAGES WHEREAS, Section 935 of the California Government Code authorizes local entities to adopt policies and procedures including, but not limited to, regulating claims against it for money or damages, which claims are not governed by any other statutes or regulations expressly relating thereto; and WHEREAS, Section 10.19 of the Baldwin Park Municipal Code regulates the requirements for filing claims against the City for money or damages not otherwise governed by the Government Claims Act; and WHEREAS, Section 10.19 of the Baldwin Park Municipal Code does not currently contain a requirement requiring a person challenging a claim against municipal taxes, fines or fees to pay the disputed amount prior to filing a lawsuit and a requirement ; and WHEREAS, Section 10.19 of the Baldwin Park Municipal Code does not currently prevent a claim to be filed on behalf of a class of persons that is not verified by every member of that class; and WHEREAS, the City Council desires to amend Section 10.19 of the Baldwin Park Municipal Code to impose such a requirement. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The following subsections are hereby added to Section 10.19 of the Baldwin Park Municipal Code to read as follows: (N) Any claim shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. In addition, all claims shall contain the information required by Cal. Gov't Code § 910. The foregoing reference to Cal. Gov't Code § 910 shall not be construed to authorize a class claim; no claim may be filed on behalf of a class of persons unless verified by every member of that class. (0) In accordance with Cal. Gov't Code §§ 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the City prior to the filing of any action on such claims and no such action may be maintained by a person, or his or her guardian, conservator, executor or administrator, who has not complied with the requirements of this section. Ordinance 1349 - Page 2 (P) Any action brought against the City upon any claim or demand shall confirm to the requirements of the Cal. Gov't Code §§ 940 through 949. Any action brought against an employee of the City shall conform to the requirements of the Cal. Gov't Code §§ 950 through 951. (Q) No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the City or an officer thereof to prevent or enjoin the collection of taxes, fees or fines sought to be collected pursuant to any provision or resolution ordinance of the City for the payment of all taxes, fees or fines, unless and until said taxes, fees or fines, and any outstanding interest and penalties have been paid in full. SECTION 2. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. I I III pill I III I MANUEL LOZANO, MAYOR ATTEST: 16110&010��� STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on February 1, 2012. Thereafter, said Ordinance No. 1349 was duly approved and adopted at a regular meeting of the City Council on February 1, 2012, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER.- ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA, CITY CLERK CITY COUNCIL AGENDA IiZ* CITY OF BALDWiN PARK ILLIW ITEM No. AL P,A - R - K TO: Honorable Mayor and Members of the City Council FROM: Joseph W. Pannone, City Attorney Vijay Singhal, Chief Executive Offi, DATE: February 1, 2012 SUBJECT: Ordinance Amending the Municipal Code Prohibiting Class Claims for Refunds of Utility User Taxes rv�ai -vv The Baldwin Park Municipal Code (BPMC) is silent as to class claims. Recent case law suggests a local ordinance prohibiting class claims for tax refunds may be upheld. The proposed ordinance would add language to subsection D of section 35.108 of the BPMC to prohibit class claims for a refund of the UUT. BACKGROUND Recently, the California Supreme Court decided the case of Ardon v. City of Los Angeles (52 Cal. 4th 241 (Filed July 25, 2011)). In that case, the issue was whether a class claim could be brought for a refund of taxes. The Court concludes Section 910 of the Government Claims Act authorizes class claims for refunds of taxes and fees and nothing in Article XIII, section 32 of the State Constitution prohibits that result. However, the Court's decision suggests local ordinances may prohibit class claims. In light of recent litigation filed against the City, our City Attorney recommends amending the BPMC to add language prohibiting class claims for tax refunds. DISCUSSION The City was recently sued by AT &T /New Cingular wherein AT &T sought a tax refund for Utility User Taxes (UUT) on behalf of a class, its customers. While the financial effect of the AT &T case is not likely to greatly impact city services, similar cases could be filed resulting in UUT refund claims which require the reimbursement of a more significant portion of the City's available monetary resources. The refund of substantial UUT amounts may affect the City's financial stability, including the ability of the City to provide services at its current level. In an effort to protect the City's fiscal standing from future claims, the proposed code amendment would prohibit class claims for UUT refunds. It should be noted, the proposed code amendment permits the filing of claims under such circumstances where every member of the class files a claim with the City, as opposed to permitting one claim to be filed on behalf of an entire class of claimants. Ordinance No. 1350 Page 2 of 2 The proposed changes to the BPMC are underlined on the attached ordinance. I a F.-Ism W I kv, None at this time. Introduce for first reading proposed Ordinance No. 1350 amending Section 35.108 the Baldwin Park Municipal Code to prohibit class claims for refunds of Utility User Taxes (UUT). ATTACHMENT I kit 9-11:1 � L91 `• I ki F-11 K01MCM1 ORDINANCE AN OF • OF OF BALDWIN PARK AMENDING SUBSECTION 35.108 OF . i , PARK •'• PERTAINING TO CLASS CLAIMS AND REFUNDS THE UTILITY USERS _; WHEREAS, the City has a Utility Users Tax (UUT) which has been effective since 1985, and codified at Chapter 35 of the Baldwin Park Municipal Code; and WHEREAS, that chapter does not address class claims being filed for refunds of Asa .r+n r9 rsLn rre as al as p crape G11 IL Las =l-:as i i iT• nA pays I le Its I iauc Hui 0- iai If tV 11 e U I , al lU IAIU a A c _ �r i�a, cer r � � o € �R� n i'€ rew n nm G L C e a u €�n�'Z � i iCt i WWI Se%1UUJvsi ii i� lrai Vi i iia V_ iV Ui ill ill. I i i entities to adopt policies and procedures including, but not limited to, regulating claims against it for money or damages, which claims are not governed by any other statutes or regulations expressly relating thereto; and WHEREAS, in the case of Ardon v. City of Los Angeles (52 Cal. 4t" 241), the Court rejected the argument that the Government Code or the California Constitution prohibits class claims for refunds of UUTs. The Court also suggested that it would uphold a local ordinance that prohibits class claims; and WHEREAS, class claims have the potential to have a substantial financial impact on the City and its services; and WHEREAS, the City Council wishes to prohibit future class claims in an effort to maintain the fiscal soundness of the City. ORDAIN THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY • • SECTION 1. Subsection D of section 35.108 of the Baldwin Park Municipal Code is hereby amended to read as follows: (D) Any service user may obtain a refund of taxes overpaid, or paid more than once, or erroneously or illegally collected' or received by the city, by filing a claim in the manner provided in division (A) of this section, but only when the service supplier establishes to the satisfaction of the Tax Administrator that the service user has been unable to obtain a refund from the service supplier who collected the tax. Nothing herein shall permit the filing of a single refund claim on behalf of a class or group of taxpayers. For class claims, every member of the class shall be required to file a claim as required by this section 35.108. Page 1 of 2 City of Baldwin Park Ordinance No. 1350 Page 2 of 2 SECTION 2. This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 1st day of February, 2012. R fi A A Kle-1 IWANUE-L LO'Z/A1101i MAYOR ALEJANDRA AVILA, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on February 1, 2012. Thereafter, said Ordinance No. 1350 was duly approved and adopted at a regular meeting of the City Council on February 1, 2012 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ALEJANDRA AVILA, CITY CLERK