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HomeMy WebLinkAbout2011 01 19NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, JANUARY 19, 2011 at 6:00 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. NO OTHER BUSINESS WILL BE DISCUSSED Dated: January 13, 2011 AFFIDAVIT OF POSTING 114 4 14 Manuel Lozano Mayor I, Laura M. Nieto, Deputy 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 13, 2011. Laura M. Nieto, CMC Deputy City Clerk AGENDA BALDWI N PARK CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSIO SPECIAL MEETING January 19, 2011 6:00 P.M. CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 :M 0 PIT■►110 ■ P- A- R- K (P lea s e note meeting location Manuel Lozano - Mayor /Chair Marlen Garcia - Mayor Pro TemNice Chair Monica Garcia - Council Member /Member Ricardo Pacheco - Council Member /Member Susan Rubio - Council Member /Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. CALL TO ORDER ROLL CALL: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 6:00 P.M. CounciImembers /Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tem/Vice Chair Marlen Garcia and Mayor /Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina 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 AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 - 004 -060 J &J Warehouse Co. / Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -063 J &J Warehouse Co. / Newman Tek Capital N/A 8437 - 004 -064 J &J Warehouse Co. / Newman Tek Capital 14467 Ramona 8437 - 004 -065 J &J Warehouse Co. / Newman Tek Capital 14519 Ramona 8437 - 004 -066 J &J Warehouse Co. / Newman Tek Capital 14483 Ramona 8437 - 004 -067 J &J Warehouse Co. / Newman Tek Capital 14455 Ramona 8437 - 004 -069 J &J Warehouse Co. / Newman Tek Capital 4124 Maine Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy 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 13, 2011. Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at Inieto@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 Il) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING January 19, 2011 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWI N P- A- R- K Manuel Lozano - Mayor Marlen Garcia - Mayor Pro Tern Monica Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEET /NO 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 publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Year -end Report presentation by Maps 4 College • Presentation by Belinda Campos & Jonathan Moctezuma, finalists in the Lucille Ball Hometown Wedding Giveaway • Plaque presentation to newly elected Upper San Gabriel Valley Municipal Water District Board Member and former Planning Commissioner Bryan Urias 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 tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina 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] 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. City Council Agenda Page 2 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends City Council approve the preparation and presentation of the plaques, proclamations and certificates, as outlined in the staff report. 3. MINUTES Staff recommends City Council approve the minutes of the December 15, 2010 meeting (special.) 4. CLAIM REJECTIONS Staff recommends City Council reject the claims of Crystal Harty; Nicole Arreguin, Marjorie Perez; Sergio Medrano; Andrew Hernandez; and Stefan Chang and direct staff to send the appropriate notices of rejection to the claimants. 5. CITY TREASURER'S REPORT - NOVEMBER 2010 Staff recommends City Council receive and file. 6. WAIVE FORMAL BID PROCEDURES FOR THE PURCHASE OF JANITORIAL SUPPLIES THROUGH THE WESTERN STATES CONTRACTING ALLIANCE Staff recommends City Council determine that 1) (i) it would be uneconomical to follow purchasing procedures since the supplies are available through an existing contract with the State and the State previously completed the bidding process and (ii) that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 37 (A); and 2) approve the procurement of janitorial supplies from Waxie Sanitary Supply; and 3) authorize Recreation and Community Services Director to award the contract on a yearly basis, but not to exceed three (3) years as long as the vendor continues to offer State pricing; and 4) authorize Recreation and Community Services Director to expend $27,500 from Account 100 -60- 620 - 53100 - 00000 -2 and $27,500 from 252- 60 -620- 53100- 00000 -2 for a total of $55,000. 7. NOTICE DECLARING A VACANCY OF OFFICE NO. 4 OF THE PLANNING COMMISSION (BRYAN URIAS) Staff recommends City Council declare a vacancy of Office No. 4 of the Planning Commission, direct staff to advertise the vacancy and bring applications forward to a future meeting for consideration of appointment. 8. CONSIDERATION AND APPROVAL OF THE RELEASE OF FUNDS ALLOCATED BY THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF LOS ANGELES TO ADMINISTER THE GRANT Staff recommends City Council 1) approve the appropriation of money granted by the Recovery Act Edward Byrne Memorial Justice Grant (JAG) Program in the amount of $34,315 to perform a technology upgrade to the police department authorized and pay related administrative costs and 2) waive further reading, read by title only and adopt Resolution No. 2011 -001 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO SIGN THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND CITY OF LOS ANGELES." City Council Agenda Page 3 9. AWARD CONTRACT FOR PRINTING OF THE BALDWIN PARK NOW PUBLICATION Staff recommends City Council 1) award a contract to Aljon Graphics for the printing of the Baldwin Park NOW in the annual amount of $45,222.82; and 2) exclude Notice to Proceed and commence services January 20, 2011; and 3) authorize the Mayor to execute the agreement and 4) authorize the Director of Recreation & Community Services to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. 10. EAST VALLEY BOYS AND GIRLS CLUB LEASE AGREEMENT UPDATE Staff recommends City Council receive and file. 11. MEMORANDUM OF UNDERSTANDING WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR SCE CALIFORNIA LONG -TERM ENERGY EFFICIENCY STRATEGIC PLAN (CCESP) GRANT PROGRAM Staff recommends City Council approve the Memorandum of Understanding for work associated with Southern California Edison (SCE) California Long -Term Energy Efficiency Strategic Plan (CCESP) Grant, and authorize the Chief Executive Officer to execute the Memorandum. SET MATTERS -PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 12. CONSIDERATION OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE AMENDING SECTION 153.442 OF THE CITY'S MUNICIPAL CODE THAT CURRENTLY ALLOWS MASSAGE USES WITH A CONDITIONAL USE PERMIT IN THE C -2, GENERAL COMMERCIAL ZONE AND RELATED NEGATIVE DECLARATION Staff recommends City Council conduct the public hearing and following the public hearing 1) waive further reading, read by title only and adopt Resolution No. 2010 -054 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE / ACUPRESSURE LAND USES; LOCATION: ALL C -2, GENERAL COMMERCIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 170)" and 2) waive further reading, read by title only and introduce for first reading Ordinance No. 1340 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE / ACUPRESSURE USES; LOCATION: ALL C -2, GENERAL COMMERCIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 170." REPORTS OF OFFICERS 13. SAN GABRIEL VALLEY TRIBUNE Staff recommends City Council provide direction to staff with reference to the San Gabriel Valley Tribune. City Council Agenda Page 4 14. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION (Continued from December 1, 2010) Staff recommends City Council review Commission applications and waive further reading, read by title only and adopt Resolution No. 2011 -003 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; TO OFFICE NO. 3 FOR A TERM TO JUNE 307 2011; TO OFFICE NO. 4 FOR A TERM TO JUNE 307 2011 AND TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2011 " 15. DESIGN SELECTION FOR NEW DIAL -A -RIDE BUSES Staff recommends City Council 1) provide direction and approval of one of the two (2) designs; or 2) provide alternative direction design of Dial -a -Ride Buses. 16. RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN -HOUSE COMMITTEES; CREATION OF AN IN -HOUSE AUDIT COMMITTEE (Continued from December 15, 2010) Staff recommends City Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations and adopt Resolution No. 2011 -002 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY "; 2) review Committee in -house appointments and appoint members as representatives to the established committees; and 3) create an in -house Audit Committee and appoint two Council Members to serve on the committee. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Request by Council Member Pacheco for discussion on the following: Discussion and direction to staff to look into placing a City of Baldwin Park Rose Float in the next Rose Parade Request by Council Member Rubio for discussion on the following: • Discussion on improving family, community and Council interaction during the holidays by implementing a Holiday Home Decorating Contest and the 1 st annual Tree Ornament Artistic Discovery in 2011; and • Discussion and consideration to preserve Baldwin Park Sister Cities' ADJOURNMENT City Council Agenda history; and Council consideration to adopt a resolution condemning the Arizona shooting and honoring the memory of the victims Page 5 CERTIFICATION I, Laura M. Nieto, Deputy 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. January 13, 2011. Laura M. Nieto, CIVIC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e-mail at InietoQbaldwin park. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 6 F11 4 A BALDWIN P -A - R,K CITY COUNCIL AGENDA CITY OF BALDWIN PARK STAFF TO: Honorable Mayor and Members of the City Cour}6il FROM: Lorena Quijano, Finance Directo DATE: January 19, 2011 SUBJECT: Warrants and Demands PURPOSE: ITEM NO. The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: 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 two payrolls of the City of Baldwin Park consisting of check numbers 193025 — 193132. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 212101 — 212629 for the period of November 28, 2010 through December 25, 2010 inclusive; these are presented and hereby ratified, in the amount of $782,915.73. 2. General Warrants, including check numbers 183454 to 183958 inclusive, in the total amount of $1,741,751.42 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. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. 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H Ln Ln 0) M co H ri H I I N 0 O O R O O O O d d r 1 , N Lf P Cl) m N r N H C) H r- 00 0 0 H O O H I 1 \ d 0 w o H O 1 1 \ O M H O O o H cM m H M w •w In r m H Ln m kD cr% Dl H w H H H f O h H w 0) Cl) M H H N N H I I R O o O O O O O d d d O O P m O i w 1 NNN 1D m W O O co Ln O cN a1 M N d rn m O H Ul In N I s I O O 0 N w o iw to HO H I 1 H I wwln w o O I I O I H Ln r-? d O N N 6 H N m O m 1 N co d 0) N H M Li t M r r m wwCO Nr 1 r(0 d1N Ur M yr w r m Ln Ln rr m M M Co W H H r-i H � I I E Yr :7 U F+ W G7 r� E Q U Ui I � � I I W I I ;7 I E H i i I 7 f 4k 3 dl i W I rl U I • H I N 0 I ei f ri 'A O H l I N P I I s-i 1 I I 1 Q I �-a I O W ! I z I a a 1 oz1 peal H 1 H ! m p l N o 0 If1 H r'1 U I rl 4 0 Cp (n I to d' C7 d� I H PrC7� a W m q I FCxWU' t i 0 0 Q fn U N O Q x z W H ❑ U : x 1 U r o N o r R W \ s 6 04 U U I � I I H I Q U U U U W fI W w W W I U U U U r x a n x A r w E+ � � Q t9 x v, w w u cn zn r.4 cn ] I H H Q H E W I Q \ i ❑ ,a w Xk Yk w Ff o ❑ H Ed a H o It [w� w x E 7 a U w b W U H w x o 0 U It I � 0 I H x�l o a I CITY COUNCIL AGENDA CITY OF BALDWIN PARK STAFF REP ORT 11 414111 P , A , R 1N ITEM NO. •K TO: Honorable Mayor & Members of the City Council FROM: Vijay Singhal, Chief Executive Officer DATE: January 19, 2011 SUBJECT. Proposed Recognitions by the Mayor and City Council. PURPOSE The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTS/RECAP The following requests for plaques and certificates were received: Requested By List of Honorees Time /Date /Place of Presentation pate Needed Councilmember Bryan Urias for his new 7:00pm /January 19 Plaque Monica Garcia elected position as Board Council Chambers 01 -19 -11 of Directors for USGVMWD RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES CITY COUNCIL AGENDA JAN 1 WEDNESDAY'161 8E 15, 2010 6:00 p.m. City Hall - Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Marten Garcia, Mayor Pro Tern 1 Vice Chair Monica Garcia, Ricardo Pacheco, Susan Rubio Council Members 1 Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council Member 1 Member Monica Garcia, Council Member I Member Rubio, Mayor Pro Tern 1 Vice Chair Marlen Garcia, Mayor 1 Chair Lozano. Absent: Council Member/ Member Pacheco. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 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; Unrepresented employees; and part -time employees 2. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION The Council 1 Commission reconvened in open session with Mayor 1 Chair Page 1 of 2 Lozano, Mayor Pro Tern I Vice Chair Marlen Garcia and Council Members I Members Monica Garcia and Rubio present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council / Commission at their meetings held January 19, 2011. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2 IRIS BALDWIN P Y A- R- K CITY OF BALDWIN PARK CITY COUNCIL AGENDA JAN 1 Jq_ ITEM N0. AGENDA STAFF REPORT TO: Honorable Mayor and City Council Members AD FROM: Shama P. Curian, Senior Human Resources Analyst DATE: January 19, 20'1'1 ( SUBJECT: Claim Rejection PURPOSE This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. BACKGROUND DISCUSSION 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. RECOMMENDATION Staff recommends City Council reject the claim of Crystal Harty, Nicole Arreguin, Marjorie Perez, Sergio Medrano, Andrew Hernandez, and Stefan Chang and direct staff to send the appropriate notice of rejection to claimants. Attachment(s) Claim filed by: • Harty, Crystal D DOL: 1 12/22/2010 CITY OF BALDWIN PARK Fe L; }f BAxnwN CLAIM FOR DAMAGES P • A • R • K TO PERSON OR PROPERTY INSTRUCTIONS jilF ; 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL. DETAILS. $. 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) 1 Clerk's Official Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) v � 1. name of Claiman �f 5. Claiman s ccupation 2. Homo Address of Claim Ant 6. H me Te_ hone Number t 3. Busin�ess�Ad�dross of CQla'imant � I VA l ati� 1175 7. siness ele —oi.Nu bet .. Z' 8. Name and address to which you desire notices or communications to be sent regarding this claim: i t did DAMAG or INJURY occur? 10. Names o any City employees involved in INJURY or DAMAGE: Date: Z 7-2 �0 0 Time: 0O Name Department If claim is for Equita le Indemnity, give date claimant served with complaint: 11. Where did DAMAGE or INJURY occur ?; �� �'�� (, �fi' �� ��r Y1G G r G�1. 12. Describe in d # I hour the DAMAG or rNJURY occurred. 13. Were police or paramedics called? Yeses No ❑ 14. If physician was visited dLk to injury, inclucL& date of first visit and physician's name, address and phone number: If yes, was a report filed? Yes'H- No © If yes, what is the Report No? I -'-I 13 S-3 L- 1r-4. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) t^j 1"s rG?S anCtVL 15, List damages incurred to date? f O'D 2- rx4iT7 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: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Nambr &,rnemn JO 1-\YA /eA Address 14 Of L c,I Phone 9—el Z Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to Claimant and date: the eb _ ce 'ly (or de ro) u at penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. Z Z 3 A—b kL Signature Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 2) CC Farm 1 (Rev 7106) HUSERUSMity0erW'1 11 M1niIW11i0d.Frv..e Gores 8 Fa ms'.C[a1in f" D7 mag3s Form C C I R 7.06.doc FRI CITY OF BALDWIN PARK i3ALDWiN CLAIM FOR DAMAGES 1? A P K 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 13E 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) DEC 2 8 2010 OR CL C!e k'sVOff�c al�'ti =Adt Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 3 3 Zoos. 1. Name of Claimant 5. Claimant's Occupation ,1.. i".e 'w1 hrv"Ali, v w, --, A& Wi,6w,4 NICOWEA P.Az (�!Li ^t JA 2. Home Address of Clamant V 13900 k4mona BIB , +6 w7 Pw �i7fl� 6. ti me Te ephone Number 6 65Z9 -- /le &Y 3. Business Addre s of Claimant 7. Business Te�one Number N A 8. Name and ad ress to which you desire notices or communications to be sent regarding this claim: ari'J I CH A CL. 04 t: W 0 b AN a i a-:50, ti IW o0P . 23&ZZ -t6i 4121 1 CA 11302. 9. When did DAM AGB or INJU Y occur? 1b. Names of any City employees involved in INJURY or DAMAGE: Date: If zJ zOID Time: OAknow,► Name Department 41-1 If claim is for Equitable Indemnity, give date claimant to r; � served with complaint: 11, Where did DAMAGE or INJURY occur? 2 c� c .Q $ aal 741 W. (2 5 ve , e, .� 1 JU3 iA] 6 + - rz 12. Oescribe in detail how the DAMAGE or INJURY occurred. �,y� � 0 1, i "�ioai 't,`�+ att.o (/truswita Ptse 13. Were police or paramedics called? Yes ❑ No f$' 14. If p ysi •an was visited due to injury, include date of first visit and physician's If yes, was a report fled? Yes ❑ No ❑ name, address and phone number: D& CeIn!rr If 20 10 . Df . dens; " , KQ iW ?&n,4 If yes, what is the Report No? _ h ken-e- un at ­ Ibix limA 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific -- Use additional sheet if necessary) Pf ea e_ PAC ft 15. List damages incurred to date? UA n at Ats -h rite_ 4,t- r f 16. Total amount of claim to date: $ I Jtrt(!.In oltiAt 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: $ Vn 6tyW ^ I Basis for Computation: 18. Witnesse t DAMAGE or INJURY: List all persons and addresses of� ppersons known to have information: �T41y 01 65 0-anYv,. Vi au) �s�t Name 56 wo Dir"r- Address *1G% W. C vt. h i � 3Phone 90q `� ` I �2 L, (5A AlAkic Iuf ns,t� >Ml�� a+ qt o -tf1- Name Al. 4,'S Address mints o" c bob.". Phone 5wF1%,z 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: 1 hereby cerrifj+ (or declare) under penalty of perjury under the laws of tha state of carifornia that the foregoing is true and correct to the best of my knovifedge. J 2-/� &::�- filrTve -Pay �►'ltcFt��tm ivlt~w�o�.� Sign , ature Relationship to Clalmant Printed Name Date Note: Presentation of a false claim Is a felony (Penal Code Section 72) CC Form 1 (Rev 7106) F: ws FR.-- r T-ZAIr ZF X fJ,". F. SF4Ka M rifle 2' i ATTACHMENT "A" Question 14• Why do you claim the City of Baldwin Park is responsible? Resnonse to Ouestion 14: Claimant, who is to be identified only as "N.L. ", a minor, is a five - year -old boy who was diagnosed with Autism at the age of two. For the 2010 -11 school year (until November 29, 2010) he attended Canyon View School, a non - public school for children with special needs. At five years of age, N.L. was a very young student placed in a classroom with significantly older students ranging between ten and fifteen years of age. Due to N.L.'s Autism, the City of Baldwin Park provided a one -on -one aide named Keith, whose duties included accompanying N.L. throughout the school day and assisting N.L. in his learning. On November 29, 2010, when N.L. returned home from school, he complained to his mother, Nicole Arreguin, of severe pain on his left shoulder. He was crying and otherwise visibly upset. Ms. Arreguin removed her son's shirt and discovered a bite mark commensurate in size with that of an adult's mouth on N.L.'s left shoulder. N.L. repeatedly told his mother "I got bite," but was unable to identify the person who had bitten him. Had N.L.'s one -on -one aide been properly supervising N.L. throughout the day, N.L.'s injury likely would not have taken place. Furthermore, no school official had contacted Ms. Arreguin that day about any incident at school involving an injury to N.L.'s person. N.L. was not taken to the nurse that day in response to any injury he suffered. There was also no mention of a bite incident or any other injury on N.L.'s "Daily School Progress Report" that he brought home to his mother on that day. The report did reference a different behavioral incident that had taken place during a "brain lab" class. Ms. Arreguin took photographs of the bite mark at that time. On November 30, 2010, N.L. refused to go to school. Ms. Arreguin met with the school's director,,Ms. Cathy Oles, that morning at 8:15 a.m. to discuss N.L.'s lack of supervision and bite mark. Ms. Oles informed Ms. Arreguin that N.L.'s one -on -one instructor Keith had failed to supervise N.L. during part of the afternoon, as was a part of his duties. Specifically, Ms. Oles stated that Keith reported that Keith removed N.L. from "brain lab" after a behavioral incident, and that N.L. ran ahead of Keith and then entered a computer classroom unsupervised. It is during this period of unsupervfsion that N.L. was Iikely bitten by an older student. Ms. Oles informed Ms. Arreguin that N.L. had been "scratched" on his neck on November 29, 2010, but that Ms. Arreguin had not been contacted regarding N.L.'s scratch. Ms. Oles informed Ms. Arreguin that N.L. had not been taken to the nurse because of the "scratch" but that his teacher Lisa (last name unknown at this time) looked at it. Notably, Ms. Arreguin did not find a scratch mark on N1. 's neck at the time she discovered the bite mark on his shoulder. 1 ATTACHMENT "A" TO CLAIM FOR DAMAGES TO PERSON OR PROPERTY On December 1, 2010, at the first available appointment, Ms. Arreguin took her son N.L. to see his primary care physician, Dr. Valenica, at Kaiser Permanente. She was told to schedule an appointment with a psychologist at that time. Upon attempting to schedule an appointment with a psychologist, Ms. Arreguin was told, due to N.L.'s Autism diagnosis and the nature of N.L.'s injury, that she cannot see a Psychologist, but that she could only make an appointment with an autism specialist by way of a referral from Dr. Valencia. Ms. Arreguin's next appointment with Dr. Valencia is scheduled for January 4, 2011. At that time, she will be referred to an autism specialist who can then perform a psychological evaluation on N.L. Additionally, Ms. Arreguin, is informed and believes that her son N.L. has been abused several times in the past at Canyon View School prior to the bite incident on November 29, 2010, and at the hands of the significantly older students in his classroom. Ms. Arreguin is informed and believes that these abuses have had a negative impact on N.L.'s psychological well- being. As of December 23, 2010, N.L. still experiences pain from the bite sustained on November 29, 2010 and the bite mark is still visible. Ms. Arreguin has not returned N.L. to Canyon View School. Ms. Arreguin is actively pursuing her options with the School District for N.L.'s appropriate placement at another school. 2 ATTACHMENT "A" TO CLAIM FOR DAMAGES TO PERSON OR PROPERTY RECEIVED DEC 2 8 2010 Vaughn Legal Group CITY 31� 3h OW) N PARK 23622 Calabasas Road, Suite 121 Offs CLERK'S DEPART MENT Calabasas, CA 91302 Phone: (818) 223 -8109 "Innovative Thinking. Practical5olutions. Purpose Driven Lives." Fax: (818) 223-8475 ivmv.vaughniegalgroup.com December 23, 2010 SENT VIA CERTIFIED MAIL 7010 0780 0000 4015 0838 City of Baldwin Park Office of the City Clerk 14403 E. Pacific Avenue Baldwin Park, CA 91706 Re: Claim for Damages Our Pile No.: LEW02 -01 Dear Clerk of the City of Baldwin Park: Please be advised that our office represents a minor identified only as "N.L." who, by and through that child's Guardian Ad Litem, hereby submits a claim for damages to that child's person sustained on November 29, 2010. Enclosed, please find said Claim for Damages to Person or Property. If you have any questions or concerns, please feel free to contact me. I look forward to hearing from you. Very truly yours, Michael M, Mewborne, Esq. (enclosure) ti CITY OF BALDWIN PARK rem %I, BALDWIN CLAIM FOR DAMAGES P • A � R • K 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) DEC 100 121010 CI'rv�fi 3r ?��h�11r;r,���; "SIC CITY CLERK'S 06PNAIriJlFi IF Clerk's Official Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant Marjorie Perez 5. Claimants Occupation Clerk 2. Home Address of Claimant 3319 Syracuse Avenue, Baldwin Park, CA 91706 6. Home Telephone Number 3. Business Address of Claimant 7. Business Telephone Number 626- 814 -2235 8. Name and address to which you desire notices or communications to be sent regarding this claim: Same 9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: Saturday November 6, 2010 Time: 1:20 pm Name Department If claim is for Equitable Indemnity, give date claimant Police Department and Code Enforcement were called and witnessed the served with complaint: fallen tree and damages 11. Where did DAMAGE or INJURY occur? On the street in front of my house 12. Describe in detail how the DAMAGE or INJURY occurred. City tree fell on the car due to high winds 14. If physician was visited due to injury, include date of first visit and physician's 13. Were police or paramedics called? Yes ❑ No ❑ name, address and phone number: If yes, was a report filed? Yes ❑ No ❑ If yes, what is the Report No? 14. Why do you claim the City of Baldwin Paris is responsible? (Please be specific — Use additional sheet if necessary) The tree is on the sidewalk that beiongs to the City of Baldwin Park 15. List damages incurred to date? The tree fell on top and back of the car. It scratched the pain and dented the roof in several areas 16. Total amount of claim to date: $ Basis for Computation: Limited Civil Case: VJ 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: v 18. Witnesses Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have informafibn� Name Aristeo Cobar Address 3319 Syracuse Avenue, Baldwin Park, CA 91706 Phone Name Carlos Fuentes Address 3319 Syracuse Avenue, Baldwin Park, CA 91706 Phone 626- 290 -9610 T 19, Signature of Claimant or person filing on claimant's behalf, relationship to claimant and date: I hereby certify (or cfa e) under penalty of perjury under the laves of the state of California that the foregoing Is true and correct to the best of myknGwledge. Self _ _Marjorie Perez /611.60 _ Signature Relationshi to Claimant Printed Nama Date Mote: Presentation of a false claim is a felony (Penal code 5ectlon rz) CC Form 1 (Rev 7106) Line Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Date: 11/29/2010 03:23 PM Estimate ID: 14914 Estimate Version: 0 Preliminary Profile ID: LOWRY BOB LOWRY & SON AUTO BODY 1907 WEST SANBERNARDINO ROAD, WEST COVINA, CA 91790 (626) 337.4626 Fax: (626) 960 -2632 Damage Assessed By: BOB LOWRY Deductible: UNKNOWN Mitchell Service: 911494 Description: •2002 Chevrolet Malibu Body Style: 4D Sed Drive Train: 3,1 L Inj 6 Cyl 4A VIN: 1 G1ND52J22M570289 OEMIALT: O Search Code: None Options: VEHICLE ANTI - THEFT, PASSENGER AIRBAG, DRIVER SIDE AIRBAG, POWER LOCK POWER STEERING, REAR WINDOW DEFOGGER, MANUAL AIR CONDITION, TILT STEERING COLUMN ANTI -LOCK BRAKE SYS., CD PLAYER, MANUAL REMOTE ADJUSTABLE EXTERIOR MIRROR FRONT AIR DAM, TINTED GLASS, FIRST ROW BUCKET SEAT, SECOND ROW BENCH SEAT SECOND ROW FOLDING SEAT, REAR HEATING, VENTILATION & AIR CONDITIONING CLOTH SEAT, TACHOMETER, AUTOMATIC HEADLIGHTS, REMOTE DECKLED OR TAILGATE RELEASE DAYTIME RUNNING LIGHTS Entry Labor Line Item Part Type! Dollar Labor Number Type Operation Description Part Number Amount Units 101022 BDY REPAIR Roof Panel Existing 6.0* AUTO REF REFINISH Roof Panel C 2.8 101086 BDY REMOVEIREPLACE R Quarter Outer Panel 89024828 GM PART 581.37 13.5 AUTO REF- REFINISH R Quarter Panel Outside C 1.7 AUTO' REF REFINISH R Add For Pillar C 0.5 AUTO REF REFINISH R Quarter Panel Edge C 0.5 101112 REF REFINISH Luggage Lid Outside C 1.9 101530 BDY REMOVEIREPLACE Luggage Lid Adhesive Emblem 22690030 GM PART 28.41 0.2 101861 BDY REMOVEIREPLACE Luggage Ltd Adhesive Nameplate 22638462 GM PART 19.97 0.2 102245 BDY REMOVEIREPLACE Luggage Lid Adhesive Nameplate 22658813 GM PART 15,29 0.2 101237 BDY REMOVEIINSTALL R Rear Combination Lamp INC ## AUTO REF ADD'L OPR Clear Coat 2.0 AUTO ADD'L COST Paint/Materials 329.00 * AUTO ADD'L COST Shop Materials 15.00 * AUTO ADD'L COST Hazardous Waste Disposal 5.00 * * - JudgMent Item # - Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 1112912010 1 5:23:07 14914 Mitchell Data Version: OEM: SEP 10 V UltraMate Is a Trademark of Mitchell International Copyright (C) 1994 - 2010 Mitchell International UltraMate Version: 7.0,223 All Rights Reserved Page 1 of 2 Date: 11/29/2010 03:23 PM Estimate ID: 14914 Estimate Version: 0 Preliminary Labor Profile 10: LOWRY Estimate Totals This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. ESTIMATE RECALL NUMBER: 1112912010 15:23:07 14914 Mitchell Data Version: OEM: SEP_10_V UltraMate Is a Trademark of Mitchell International Copyright (C) 1994.2010 Mitchell International Page 2 of 2 UltraMate Version: 7.0.223 All Rights Reserved Add'[ Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals It. Part Replacement Summary Amount Body 20.1 47,00 0.00 0.00 944.70 Taxable Parts 645.04 Refinish 9.4 47,00 0.00 0.00 441.80 Sales Tax @ 9.750% 62.89 Non- Taxable Labor 1,386.50 Total Replacement Parts Amount 707.93 Labor Summary 29.5 1,386.50 Ill. Addition4l Costs' Amount IV. Adjustments Amount Taxable Costs 32%00 Customer Responsibility 0.00 Sales Tax @ 9.750% 32.08 Non - Taxable Costs 20.00 Total Additional Costs 381.08 Paint Material Method: Rates Init Rate = 35.00 , Init Max Hours 99.9, Addl Rate = 0.00 I. Total Labor: 1,386.50 II. Total Replacement Parts: 707.93 Ill. Total Additional Costs: 381.08 Gross Total: 2,475,51 IV. Total Adjustments: 0,00 Net Total: 2,475.51 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. ESTIMATE RECALL NUMBER: 1112912010 15:23:07 14914 Mitchell Data Version: OEM: SEP_10_V UltraMate Is a Trademark of Mitchell International Copyright (C) 1994.2010 Mitchell International Page 2 of 2 UltraMate Version: 7.0.223 All Rights Reserved BEL -AIR BODY SHOP Estimate 14902 RAMONA BLVD #B Customer No: 1341 Baldwin Park, CA 91706 Report No: 1344 1112912010 Phone #: (626) 338 -9621 Claim A Work Phone: (626) - Fax #: (626) 814 -0620 Assign No: Vehicle Information Owner - ARISTEO DEMELO Accident Location 2002 Chevrolet Malibu Date Assigned: 11/29/2010 Elate of Loss: 11129/2010 Style: 4D SED Baldwin Park, CA 91706 Description of Work Color: Home Phone: (626) - Paint Other Color Code: Work Phone: (626) - Phone #1: - Production Date: /0 Fax #: (626) - Phone #2: - License• State• CA 2.8 +Clearcoat (1.1) VIN: 1 G 1 ND52J22M570289 Insured - Claimant - Miles In: 0 Miles Out: 0 Home Phone: (626) - Home Phone: (626) - Condition: Work Phone: (626) - Work Phone: (626) - Estimator, PHIL BENNETT Fax #: (626) - Fax #: (626) - $30160 Date Assigned: 11/29/2010 Elate of Loss: 11129/2010 Date of Inspection: 11/29/2010 $83.80 Description of Work Part Number Price Labor Paint Other ROOF - ROOF & COMPONENTS 6.9hrs $34.00/hr $234.60 1 Repair Roof panel, w/o sunroof 1.9hrs 5.0* body 2.8 +Clearcoat (1.1) 1.1 2 R &I Right Reveal molding $372.87 @ 0.5 body $36.35 ROOF- INTERIOR TRIM $1,619.22 3 R &I Headliner, w/o sunroof 1.4 body QUARTER PANEL - QUARTER PANEL & COMPONENTS 4 Repair Right Quarter panel 5.0* body 2.6 - Adjacent (0.4) +Clearcoat (0.4) TRUNK LID - LID & COMPONENTS 5 Repair Trunk lid 2.0* body 2.3 - Adjacent (0.4) +Clearcoat (0.4) 6 Replace Nameplate, Malibu, chrome 22638462 $19.97 0.2 body 7 R &1 Right Applique 0.3 body 8 R &I Leff Applique 0.3 body 9 Replace Emblem, blue bow tie 22690030 $28.41 0.2 body 10 Replace Emblem, "V6 ", chrome 22658813 $15.29 0.2 body REAR BUMPER - BUMPER & COMPONENTS 11 R &I Rear Bumper cover 1.6 body Other obera(ions 12 Hazardous Waste Disposal $5.00 ' $5.00* taxed 13 Refinish TINT COLOR 0.5* body* 14 COLOR SAND & POLISH 1.5* body* Sub Totals * *IN BUSINESS SINCE `1986 ** * *STATE LICENSE # :AD131695 ** Hours Rate Total Body Labor 18.7hrs $44,00 /hr $822.80 THANK YOU FOR LETTING US SERVE YOU Paint Labor 6.9hrs $44.00/hr $30160 Clearcoat Labor 1.9hrs $44.001hr $83.80 OEM Parts $68.67 Paint Supplies 6.9hrs $34.00/hr $234.60 Clearcoat 1.9hrs $34.00/hr $64.60 Mise Taxed $5.00 Tax $372.87 @ 9.7500% $36.35 Guard Total $1,619.22 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Guide used is (DR1CP97). 9/90 Indicates Estimator's Judament T I ndicates Taxed item CCC Comp -Est - A product of CCC Information Services Inc. Pago 1 of 1 CITY OF BALDWIN PARK It ti r" BALDWIN CLAIM FOR DAMAGES P , n - R - K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THQRQVGNl.Y 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM LIUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 94403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PE3RSONA4 PROPERTY MUST 6E PILED 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) DEC 2 9 2010 CITY Cr BALDWIN PARK CITY CLERK'S DEPARTMEt Clerk's Official Ring Stamp To: City of Baldwin Park 4. Cl nt's .7 of Birth (if a minor) I 1. Name of Claimant e-- .. I S. Cla ma is Occupation 4�-�G 2. Home Address of Claimant`_ �, ,~ Z W 9 �s~ �/� � f � 41kI 6. Home Telephone Number 5`T 3. Business Address of Claimant 7. Business T lephone Number 8. Name and address to which* you desire notices or communications to be sent regarding this claim: e2 -1 l r✓e- � 2' r`� ,4 `i /� 3 72- 9. When did DAMAGE or INJURY occur? 10, Names of any Ci employees involved In INJURY or DAMAGE: Date: f 2- -12—`0 Time: 114 54?1-� Name Department If claim is for Equitable Indemnity, give date claimant served with complaint: 11. Where did DAMAGE or INJURY occur? -9 . Describe In detail how the DAMAGE or INJURY occurred. % �vr c e- c�v- v ve 14. If physician was visited due to njury, include date of first visit and physici- n's 13. Were police or paramedics called? Yes Cl No p name, address and phone number: If yes, was a report filed? Yes ❑ NO If yes, what is the Report No? 14. Why do you claim the City of Baldwin Park Is responsible? (please be specific - Use additionla�l sheet if necessary) ze 16. List damages incurred to date? /� r rte!• 5 ©ry i f�rr [%.7 ��pr� U �f.��r� .r �l.�,c' le- 16, 'total amount of claim to dale: � �• � � Basis for Computdon: r %n �i c �� ► �r�� � c� 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 0 quired 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 CompEatation:_ =iP� 18. Witnesses to DA MA E or INJURY: List all persons and addresses of persons known to have Information; Name Address Phone Name Address Phone 19. Slgnalure of Claimant or person filing on claimant's behalf; relationship to claimant and date: f hereby cedif (or dedere) underpenaltyof pe rjury under the laws oftheslateOIC -6 fomlaT hattheforegoi ngrsl iveandcorrec ttothebestofmyknoNledge. C� (� L-1/4 r0 Z 4— e-t-"o �f 6.iaunnehln In f:laimamt Printed Na6ie Date Nate: Presentation of a false claim is a felony (Penal Code Section 72) cc Form I (Rev 7106) F IV $V R Fo -1'4Z— for 0,1mz!ies Fenn CC ft" 1 *,0.0n - a %— Customer Invoice 087393 12/20/2010 MEDRANO, SERGIO 4308 CROSS VALE EL MONTE, CA 91732 909.241.4553 Store # 011991 FIRESTONE COMPLETE AUTO CARE 4201 MAINE AVE BALDWIN PARK, CA. 91706 CARRY OUT Lic #: Vin #: In: 12/20/10 1:08PM Mileage: 0 Out: 12/20/10 2:07PM RETAIL SALE Technicia_n(s); 10 CARLOS LIZAMA Payment History: CFNA 6143 80.62 9027 Total Tendered 80.62 All CFNA purchase(s) through December 31, 2010 of $249 or more receive 6 month deferred Interest, see wvvw.CFNA.com for more details. have received the above goods and /or services. If this is a credit card purchase, I agree to pay and comply with my cardholder agreement with the issuer. Customer Signature Initial here to indicate you have received the Tire Maintenance Warranty Book. All parts are new unless otherwise specified. Service Advisor: 03 ALEX 626.962.7041 REG #ARD222648, EPA #CAD98198151 i Unit Extended Job Qty _ Price _ _ Price_ — _Total 74.68 1 60.99 60.99 -1 3.05 Rev Hist 1 1.75 ______ - - ___— _ __�_ /Article# ID� _Description—_ PRIMEWELL TIRE PACKAGE 12,00 03 100AP123 PRIMEWELL PS830/860 BL 195/65RIS 91 H 122596 10TN 40,000 Mile limited Warranty DOT# Y9CAD8HX3910 TIRE -DISC DISCOUNT 7012600 10TN DISPOSAL FEEICA RECYCLE FEE 7046655 10NN NEW TIRE WHEEL PARTS.. 7018708 10TN 'BALANCE NEW TIRE°1NHE -L BAI:AIVCE LABOI2' 7018716. 10i`JN TIRE INSTALLATION 7015016 10NN Technicia_n(s); 10 CARLOS LIZAMA Payment History: CFNA 6143 80.62 9027 Total Tendered 80.62 All CFNA purchase(s) through December 31, 2010 of $249 or more receive 6 month deferred Interest, see wvvw.CFNA.com for more details. have received the above goods and /or services. If this is a credit card purchase, I agree to pay and comply with my cardholder agreement with the issuer. Customer Signature Initial here to indicate you have received the Tire Maintenance Warranty Book. All parts are new unless otherwise specified. Service Advisor: 03 ALEX 626.962.7041 REG #ARD222648, EPA #CAD98198151 i Unit Extended Job Qty _ Price _ _ Price_ — _Total 74.68 1 60.99 60.99 -1 3.05 -3.05 1 1.75 1.75 1 2.99 2.99 1 12.00'' 12,00 1 . NIC NIC Summa Parts 60,93 Labor 1375 Shop Supplies 0.00 Sub -Total 74.68 Tax (9.75°/x) 5.94 Total $80.62 TEL.L US.A0,0UT YOUR. EXPERIENCE AND RECEIVE $1O OFF YOUR NEXT PURC HAS E OF $25'OR IVIOFtEI 'i) For a short surrey Call 1 -800= 859 = 9203 or logon to www.FirostoneSurvey com; enter.00de 011991- 087393 2)';INrlti, ldem fio[�.c ,d'- }here: Offer expires 6 months from date.of invoice, good at ail part�cipafing loca #ions;,. .Must have valid redemption Aode. May not be used to reduce existing debt. No copies accepted comWff bL7O''RbVI Il�i'A�PdSIl`iVyC� 510�+'Af EXI✓ °1s =NCE 7CUS3_ 17. 1 ..F f CITY OF BALDWIN PARK BALDWIN CLAIM FOR DAMAGES P 1 J -, R K 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) JAN 0 3 20116QP CATY Or 31MDWIN PAHK TV C! r ".f3IC'`,G[�Kltfl#tti�l Piling Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Na e of laal ant r 5�Claimant's Occupation 2. lqmSeAddrqssQf laimant , 0 o 0l 4� w 6 Home Telephone Number 3. Business Address of Claimant .Business Telephone Number 8. Name and address to which you desire notices or communications to be sent regarding this claim: �- c� f 9. When tlitl DAIVIAGf✓ or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: Time: Name Department If claim, is. for.. Equitable Indemnity, give date claimant - served.with complaint: _... 11. Where tlitl DAMAGE or It�JUR w? /OWNV� r� � o uo1e -op 12. Describe in detall how thb DAMAGE or INJURY occurred. CA %1�1e aMj M t� 14. I ph sician was visited due to i jury, include date of first isl and physician's 13. Were police or paramedics called? Yes ❑ Nom name, address and phone number: If yes, was a report filed? Yeses, No r-1 If yes, what is the Report No? 14. Why do you claim the City of Bat win Park is responsible? (Please l&(A6 C0Alc�� Gl,�- -�- ��rinr�ii be specific - Use additional sheet if necessary) . GeV 1 Urn 1►�WC/L >r�� �t^Ft7( vtU} oc l M\OA l ft\� bYUY1 Vjeu3 ,Y 15. Llst amage curre o date? -r( -er laviA elr` 6)-�ylo 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: $ 19-6.., 00 Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: tr r,�� � // j''"f V�'.. Address +b� �G1�`t Phone �` f� - Name Name ' �0��0�5`lYhone _Addresslc19Yipt 19. Signature of Claiibant'or person filing on claimant's behalf; relationship to claimant and date: 1 hereby certify (or declare] under penafty%of perjury under the Paws of the state of California that the foregoing is true and correct to the best of my knowledge, ` !/! (LJJ %/!-- Y Signature Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Kev 7106) faUSE4itSi'a5tydv :s \dF� —dan5r &Ferr„s1GF.,Enf f.,I FormiY.tficr7.06A- 8. Name and address to which you desire notices or com unications to be sent regarding this claim: a g S 36, lA t ticn- Wove Q(- 11 �i6�dyj (am-) (A 1`7 9. When did DtrGE or INJURY. occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: OLO e-e, aD t0 Time: 60 '. o o Pm Name t� Department If claim is for Equitable Indemnity, give date claimant served with comptaint: 11. Where did DAMAGE or INJURY occur? 1. 12. Describe in detail how the DAMAGE or 13. Were police or paramedics called? 1 if yes, was a report fled? 1 If yes, whis the Report No? Lif140 mil% "�i r Tii,S r`ILtkk �C P Y T ", t- INJURY occurred. - G 44 Q. e . whtn T Arm ed ones- W yAmar`ie4 sinkk'le whKi-) No 13 14. If physician was visited due to injury, include date of first visit and physician's In. No © name, address and phone number: 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary} --M "7Mklrtol0- Was ()AI.Odr- M, Ana - Woe_ one 0-T mrlr? 15. List damages incurred to date? r jGU rU 'filA� �"it`e5 , t-ic�L•� ��ex'�� (aw�ro� Q,�M, t G "�1t2 - tFca.i�L� � t"��g CLt•r'. r�'..l�Yr+ rL -z41, 16. Total amount of claim to date: $ ; C70 • 20 Basis for Computation: C'2 -f 0 i s 10A 10 r' Limited Civil Case: M Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,ODO 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: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: ,information: Name d of e� ? �.rinct lrt �4ddress s, PlI,�; � P�0ar f� �r/`ff Phone Chi° Name Address Phone 19. Signature of Claim n or person filing on claimant's behalf, relationship to claimant and date: i rehyerwI y (or areJ erpenaltyofpeguyunder thelauis ofthe state ofCalfomia that the foregangis true and correct to the best ofmykrrosv)edge, Sk� eon tXW 9 �- � n e Relationship to Claimant Printed Name Date e: Presentation of a false claim is a felony (Penal Code Section 72) CO Form (Rev 7106) � s: ?.'1 rtycierh44dmsasfrzGon.Frescdurc &Ferm•.il,:m Eor Czzges Porn CC; Rev 7.05 -de F' CITY OF BALDWIN PARK >t DEC 0 2011 R„ BA1.DW1N 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. Clerk's Official Filing Stamp 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDwIN PARK, CA 91708 WARNING 0 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 e ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) To: City Of Baldwin Palk 4. Claimants Date of Birth (if a minor) 1. Na(ne o laimant 5. Claimants gccupat[on 2. Home Address of Claimant � k2n WWI Dr Olt iomovJ '�s D a� 06 6. Home Telephone Number Lt r -1 - 709 j 9 -L1 0 J,9-ss(o 3. Business Address of Claimant 1�4 %11�- 7. Business Telephone Number 8. Name and address to which you desire notices or com unications to be sent regarding this claim: a g S 36, lA t ticn- Wove Q(- 11 �i6�dyj (am-) (A 1`7 9. When did DtrGE or INJURY. occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: OLO e-e, aD t0 Time: 60 '. o o Pm Name t� Department If claim is for Equitable Indemnity, give date claimant served with comptaint: 11. Where did DAMAGE or INJURY occur? 1. 12. Describe in detail how the DAMAGE or 13. Were police or paramedics called? 1 if yes, was a report fled? 1 If yes, whis the Report No? Lif140 mil% "�i r Tii,S r`ILtkk �C P Y T ", t- INJURY occurred. - G 44 Q. e . whtn T Arm ed ones- W yAmar`ie4 sinkk'le whKi-) No 13 14. If physician was visited due to injury, include date of first visit and physician's In. No © name, address and phone number: 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary} --M "7Mklrtol0- Was ()AI.Odr- M, Ana - Woe_ one 0-T mrlr? 15. List damages incurred to date? r jGU rU 'filA� �"it`e5 , t-ic�L•� ��ex'�� (aw�ro� Q,�M, t G "�1t2 - tFca.i�L� � t"��g CLt•r'. r�'..l�Yr+ rL -z41, 16. Total amount of claim to date: $ ; C70 • 20 Basis for Computation: C'2 -f 0 i s 10A 10 r' Limited Civil Case: M Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,ODO 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: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: ,information: Name d of e� ? �.rinct lrt �4ddress s, PlI,�; � P�0ar f� �r/`ff Phone Chi° Name Address Phone 19. Signature of Claim n or person filing on claimant's behalf, relationship to claimant and date: i rehyerwI y (or areJ erpenaltyofpeguyunder thelauis ofthe state ofCalfomia that the foregangis true and correct to the best ofmykrrosv)edge, Sk� eon tXW 9 �- � n e Relationship to Claimant Printed Name Date e: Presentation of a false claim is a felony (Penal Code Section 72) CO Form (Rev 7106) � s: ?.'1 rtycierh44dmsasfrzGon.Frescdurc &Ferm•.il,:m Eor Czzges Porn CC; Rev 7.05 -de ;G ; f ICs maw .Lt `_ - -- 709, 47ye, L; _ •1 rii-.L... -�t �: -`•�e - - .�i. }it•. � -, a`��v c: •_.a •_.. _s._a �-.. -•__ ice. �i -_i1 rf�.i i 0 -5 e TRA12/2WO '11134A .� MILEAGE 81309 _ 't [�: �� X3-4 .1 _'�, -.�ai 17•L -�::= L�l F: €.I ;i'l1S - -1.G?; 5'e` E_.:::.7 -. } i -Fl :.ei -, it .t ' - •- -_. r -_( - -, .j - �iJla.. _. .. t.� }t,, �,- ..�:a-�.tCalt ,..,3 ,#--� J SWIM. -_�- 5., t�ll3,}s _ - —. -- it f .'._I iS %�J 1;�!i r5 3y -4`,- - -}i 7 -.� :§.-. >�: = ...- ..•�. ._`.t -.. - - - . -. -.-- ' 11'.i e = {F_ii:�l c:, c _' -ii i t;- ,7�.ir__ t3 F -F.: }5. € [etii ,'S= SEE' - ��?. �. �i� �-W r}, 2{y _ S .§ (- t-- 6 '7 - } E ' t f- - 91V f - , %fJ I .I ..Cnf Frip I—`mu1'k f ri r.i 765 .ys i` - PRICE006.99QUALECTED AV � kk FF _ i IA` 1)03,11 f ,#--� J SWIM. -_�- t�ll3,}s _ - —. -- it f .'._I iS %�J 1;�!i r5 3y -4`,- - -}i 7 -.� :§.-. >�: = ...- ..•�. ._`.t -.. - - - . -. -.-- ' 11'.i = {F_ii:�l c:, c _' -ii i t;- ,7�.ir__ t3 F -F.: }5. € [etii ,'S= SEE' - ��?. �. �i� �-W r}, _ LF is i:7 _l - -. e - -7-. .. -at F .. . -.. . - - . - - - _..-=F _q -r S i•. :-... f_a9 f _1- }:1 �.,. s ii., i -; - - =�5 �. r -�r� .2- _ 1000; - s €7II ✓.7 �i ;:t. f €_�Il �' _ __. k; -. "t��F_���` _ e? ' -i. 7.1 -:�zt .•i %wil 1f vI nr l'i-r. -. - F- > s €.JLf: r.: t3 . - -.. _ _ e: _7. €V f�s� I'��y��'7AW}s -..- I ' lei.d L: re C• !-'1" -T ' yy i t } Act 1 - 3 -1 € n `i' stirit-• :D C-``-•A -I 3 IC '. - s 3/C - .11... " §--'C •- nf_:o -1'C:a_=e�f'ai� si Is P_ -[ invoice for �.`e{.i lS�.�'.. -C`'!. the i'. 4_ - I'm{'i- 'i t av' 'WA i'?._.��: � s.. .. � 7: `ia' x - �•E t:..!. -a._ ZS kt -- kJ.._t. r. i [•: - - - - -.,_ -- - .li_.. » {.. 50 Coo.. '-`t. !l }_ -w ����rt- l:T'---- i-{t }r -�L-, t a.� -. J>�a�. ts- F3 -�'."� f: �E jib} liL°`a T; i:rft -�WX t-ti=_. i_ 33 ti Gatti varque 14 AW Nlai'i! AGE THs W 1;'AME Y q§_;:WE3 THUS DOCUMENT OF R =PRIP AN,0 SERVi0:1N0.1 -',. 1 NEfl�W AU T I !0PjZF kE ABOVE WORK: TO BE MNE. INGLU DIMG ' HE WDIGKi ED. tiff I 0 I'-itiD UNOR AND PR,f] >vl{ E TO FRY F R ALL SUCH WORK. 1 GHF;' : T PERMIFS :'.`I TO OPERA .hr r I HE, REFERENCED CAR. THUG, pB'JEHICLE GH STR__ L 5.'iifr;�j'f.`:`i LSE €AMERE FOR THE PURPOSE OF I\SPEGTICN A -NWOR Tfr8 € ING. I L!;vu_RS TAND T HM ALL CLrjMS MUST DE ACCGNI ;:,XWIED BYAN INVOICE. I UNDERSTAJ0 IOCH S REQ'.11IP7ED, YOUV1411LL OaTAIK' L3W IER % =L OR WRITTEN %sUTHOF+IMFION BEFCRE ANY ADD3TfONAL WORK 1,9 BEGUN, UNLESS OTI IERWiSE SPECIFIED 0j4-j HlS Di7GUMENT. R h w a, C a 6 Q 4 it,i %. 4 0 w 0 !'t:. G:'Oi ?! ;,_ j v v€]xV, R t1 v ti' r .stLz -.'.� _',3 � �tT....::D t.�'L'ii!,�� �: �.ii.-? �: -.§Y i�C!�. F !i , :f%�; �•J � -�tF x- _'ilvi(?�:. i - f'sti. -i Ci(; E . ., ... .... 44 083528#30 PUE[ME HILLS SUBARU 17 Fite BALE AUE Ir62r, -626 -4800 CA TERRVAL IL', 001 TUBA $1$"MU03519 Ek MAIL ORDER EARN; 600039 I[ju a 002824 CATE, Dec 21, 14 ulfl 1405 RUTH•02190B AUG, 2 TOTAL $263.35 ILLS- PuENTE'H-- .:17801 Gale Avenue SUBA U` Cty of Industry; CA 91748 Phone: (626) 626 -4800 Fax: (626) 626 -4880 CASH SCOTT MILLER Farts Invoice CELL; 419- 709 -4790 12/21/10 2824 SUR e o 0 0202FE 30 TRANS17L1NK =_ SPORp - 25S:�S 23995 23995 �crsricratrrat =. -- HIPPED 0 ": SPEGlALORDEREQ 1 . o-b �� by tre �a = aril 20% h7xfng �O l to rrerJq. A service charge cf2,Wtrk flYhit's24 °/a annual percentage rate vfl _ b3 cir g d cf I ai rs.�Cts'ss jj Fri hes� a red tl E c / ad3fen tx sucs:'u�rxs, - erp~ mss. a�g-'s d'J cruets Ths er sary Ex x510 4 P6 ' thS nz COA kx r : oox?a3nrr4 t0dWs"of t f ffffi. No refund on S , HAZMAT parts. Svbtotel f Terms: e Poz? Wy na e +.crams w dfs t Y 2.05 -1 f ._ cis Cn 29 rst+.rr d PWS C Pb re!v -03 cn zp)64 Cddas ° K%h reb m C77 E'mfm) PCKS V Pb foiy'ls a' 7 d-�}5 • BArd on rnrct b/ cir/A a; a rsifx -'-i "-� TAX . 23.40 1?fsctalmerof warren tles :Ann- Ai-warclasmr pa- L5ardfaacc�-ss2bzzcd aetr W60a b / so max Wtxar. Ra --9-2r to eby e-47ae3sN1 or-sr-erm al Yrra les, s:irr effsfa5 or'rc : , ;r"rrg ery cr€ co i 'marr rFb3s of rr c(d-enLeb j ffi -by sss ffif a Wcuw p.rpcss, ar J rr-m &5'q,Y] -3 W a Irf9es wy Ojr-r p- sgi to asses fix k a-rf W:y n ccrrr-----tr, vrh ft of fig ixrlb FREIGHT 0.00 a� =7niaAr: guns 263.35- 13:51 :37 CUSTOMER COPY NET537 PAGE 1 OF 1 4442Qoaa 880 PQEHTE,'-.HrLL6 SUBAR 17801 E. BALE AUF CITY OF INDUSTR CA 626-626-4800 K€ IMIAL IM. UISA sA�E RATEH,- 000043 0ATD Dec 1, 10 TOTAL. LI. I.." Low —'-mow SUBARU. isle Avenue CA 91'748 001 626;4800. ) 626 -4880 IMU= 010286 -111 fl, 161,18 AUTH:02775B $55.00 HAIR YOU FOR 4'0BR BUSIIIESS'. ROGERS 1126' ­M58 =. �T3w 81,303 WAGON /WGN I AT G67696H.8:l310.3 :x %27/10 1` 91CPC'�:10286 VER/ MA9106 go�I Io6 INSPECT 1PER BLADES :AD LIGHTS NI LIGHTS R FILTER kBIN R FILTER ,V VALVE NSHER FLUID C' LEVEL )Wk5 RSTR.-: JJID 11-1E, k8TER GYL. FLI )OLANTHOSES 'LTS 0`v. CISERP iTrERY IAOTEST. iTTERY :CESSORIES i FTERY GARD ■4=1 FBI 0BRAKEIN$PECTION TEST STRIP FAILURE Y IN HFLUSH PAN SERVICE TYPE— LI LIPPER Ll LOWER ❑ BYPASS ❑ HEATER BELTS HALITC, HAW 1 2 3 4 OGOOD DMARGINAL EIREPLACE U:C0f1R0SiON 0 PREVENTIVE El CABLE ENDWABLES ❑ POS HOLD DOWNS QNEG 0 [1SOHO ❑OW ng. size ❑DOHC [3WBRID. Hubcap Mlssln-4 Y Windshield Cracke Scra. . Licc#--2UV—XJ i-Z State Inspection Due Month. — ry— N V U ',� � �_j V Q/1 I V� jTPMS Y-� J, WHY RECOMMENDED + INSPECT ( INSPECT VISUAL I TREAD 32nds DE H 21tw D MRWD []FWD /AWE OK SUG RE QI O INNER LrFT Fnotg CUPPING L1 CRACIONG NAILS LF OR RF 11jEjOE ME t El CUTS = FIEPAtMUC E' ITTENSIONER E '0 N TTS IRRE-3 ULAR 171 "m WXPAM-E fiiaHT Onbw WORN • A L 0 ARK P ARK PLqpp,._, U -_ CUPPING CUTS EUCOEGULARITY El CRACIONG F. EF;pA¢r IA13W St SI Ur: FRONT ROTORS PAR VACMETO.' pill, 0; LF ROTOR RF ROTOR ACT. I L F TER iEL FILTER E IL . ❑ ARLS - EL SYSTEM EL SYSTEM RIGHT 4–EAF' Ln 32� on WORN M LI EOWGERAR =NG C3 [I CRACKING REPAIRABLE ry P PSI �07 7nT 11 '0 qITIONWIRES ITIO I 1 8 i 13 IRRU13ULAAjiY Cl C, NUN-REPAIRABLE E VER LV Co LE t7 - IV AJ U FOGWMAR . CUPPING E3 GRAMING DMJf.VR=R SE 13 CUTS 1US7 AfNGI BELT w El IRREGULAR FFY ACT SPARE FRONT ❑ BEAR ❑ EDGEWEM CUPPING M C-Urs 13 CRACKING Ll NA" L3 mm'AARE PSI PSI OUT .1 2 ADJUSTERS 11 t LP. E. EA R R tRal-otm-A.1-0y ❑ NON-FIEPAIROLE TIRE MAINTENANCE ❑ nowm ❑ BALANCE ALIGNMENT CHECK ❑MAINMNANCE ❑TIFLEWEAR I N E INSPECT INSPECT C T VISUAL VISUAL ISCHED, J, WHY RECOMMENDED + INSPECT VISUAL VISUAL WHY RECOMMENDED + + OK BUG REQ R I mmT. v OK [SUGIREQ U� kRT/CHARGE T 0 A ROE CHARGE T FRONT PADS LF OR RF 11jEjOE ME E' ITTENSIONER E '0 N TTS FRONT CALIPERS WORN ABS Y N A L 0 ARK P ARK PLqpp,._, U -_ FRONT ROTORS PAR VACMETO.' pill, 0; LF ROTOR RF ROTOR ACT. I L F TER iEL FILTER E IL EL SYSTEM EL SYSTEM SVOESI REAR PADS Ln 32� on WORN RR 3ZM ABS Y N '1 0 _ RVIOE qITIONWIRES ITIO I 1 8 i CALIPrRW Fli:-Afi wmam- E VER LV Co W E ST RI E R STEERING N13 PRI�S URE E:l RETURN S REAR LR DRUM/ROTOR RR DMJf.VR=R SE ROTORS MA(HNETO' DISCARD. AfNGI BELT w ACT FRONT ❑ BEAR 2 ADJUSTERS 11 t LP. E. EA R R V&IEELBEARt*REIYCS WHEEL BEARING g FRONT IREPACK S/ H FRONT J,13FARING 0 /SEALS m U REAR SEALS REAR BRAKEHOSE(S) _ LF ❑ RF ❑. LR-L. RA JOINT ❑ FRONT ❑ REAR 4 'ERIPB-10AN ARFA.� IDLER ❑ PMJAN PARKING CABLES t-1: 0 LEFT RIGHT El. FRONT NTE R LINK NOTES: 7 . X-V SHINGS ❑FRONT 0 CONTROL ARM SWAY BAR 11REAR IKPINS ❑FRONT ❑LEFT ❑RIGHT ORFAR EILFFT ORIGHT 'ROID ENDS IEILOUT E]LIN El R IN ROUT SLEEVE LLJOINTS UL EI UPPER [18 UPPER L LOWER 11 H LOWER SPEC ACTUAL J CK & PINION GEMBLY "Boots ❑ L OUT ❑ Lim R IN ❑ R OUT JOINTS LOUT ©] L IN Ej R IN ❑ R OUT RUTS FRONT LEFT 'HRIGHT H HEAR LEFT OCKS UFRONT U�EH LJRIUHT ILJREAR ULEFT [jRIGHT @pPiRIOPLAGEMENTMOESTED 4a—K6 I 0 2 MkESS 9 1 FULLIFE 8EQ1t8T /NEEG1G0NVEk]ENGE SETO ENDOFM CUSTOMER = 3GOMPLYW[MMANUPAGtURrRBECOMIAttiDATiot4 STEP STEP7 RgIN970 BY CITY OF BALDWIN PARK TREASURER'S REPORT November 30, 2010 CITY COUNCIL AGENDA JAN 19 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK ITEM Will DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City Community Develop. Comm Housing Authority Fiscal Agent Funds - City Fiscal Agent Funds - CDC 0.45% Varies Varies 0.45% Varies Varies 0.45% Varies Varies Varies Varies Varies Varies Varies Varies 16,115,795.09 16,115,795.09 16,115,795.09 16,115,795.09 11,186, 017.37 11,186,017.37 11,186,017.37 11,186,017.37 1,760,104.20 1,780,104.20 1,760,104.20 1,760,104.20 29,061,916.66 29,061,91S.6fi 29,061,916.66 29,061,916.66 4,114,211.76 4,114,211.76 4,114,211.76 4,114,211.76 2,073,533.38 2,073,533.38 2,073,533.38 2,073,533.36 $ 36,249,661.80 $ 35,249,651.80 5,187,745.14 $ 35,249,661.80 Total Investments $ 35,249,661.80 Cash City Checking 1,543,177.88 City Miscellaneous Cash 48,379.05 Comm. Develop. Comm. 241,716.46 Housing Authority 639,236.84 Financing Authority 0.00 Total Cash 2,472,510.23 Total Cash and Investments $ 37,722,172.03 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of November 2010 and several deposits/withdrawals were made with the Local Agency investment Fund. In compliance with the Callfornia Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: L Sena Quijano Finance Director CITY COUNCIL AGENDA JAN 1 9 CITY OF BALDWIN PARK St BALDWIN P•A - R,K TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation and Community Servi DATE: January 19, 2011 SUBJECT: WAIVE FORMAL BID PROCEDURES FOR THE PURCHASE OF JANITORIAL SUPPLIES THROUGH THE WESTERN STATES CONTRACTING ALLIANCE PURPOSE The purpose of this report is to request the City Council to authorize the procurement of janitorial supplies under the Western States Contracting Alliance. BACKGROUND AND DISCUSSION At their June 2, 2010 meeting, the City Council approved the Fiscal Year (FY) 2010 -2011 budget, which included a line item under Cost Center 620 for the purchase of janitorial supplies for all City facilities. These supplies can be purchased under the Western States Contracting Alliance from an authorized supplier at net State cost. Staff is requesting to waive the formal bid process to allow staff to procure with a State authorized supplier as per the City Purchasing Ordinance Chapter 34 section 37 (A) that reads as follows; Whenever the Council finds that the public interest and convenience require, the City may purchase city supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies, without complying with the requirements of this chapter. The purchasing ordinance authorizes this process because contracts issued under the State already went through a bidding process at the time they were selected and were made an authorized contractor. FISCAL IMPACT The current budget has $55,000 allocated for janitorial supplies in account number 100 -60- 620- 53100 - 00000 -2 and 252 -60- 620 - 53100 - 00000 -2, Materials and Supplies. The term of the contract will be for a period of up to three (3) years for as long as the vendor continues to offer State pricing. No fiscal impact; expenditures were included in the adopted budget. RECOMMENDATION Staff recommends that the City Council: 1) The City Council find (i) that it would be uneconomical to follow purchasing procedures since the supplies are available through an existing contract with the State and the State previously completed the bidding process and (ii) that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 37 (A); and 2) Approve the procurement of janitorial supplies from Waxie Sanitary Supply; and 3) Authorize Recreation and Community Services Director to award the contract on a yearly basis, but not to exceed three (3) years as long as the vendor continues to offer State pricing; and 4) Authorize Recreation and Community Services Director to expend $27,500 from Account 100 -60- 620 - 53100- 00000 -2 and $27,500 from 252 -60 -620 - 53100- 00000 -2 for a total of $55,000. 4 BALDWIN P A > R • K CITY OF BALDWIN PARK CITY COUNCIL AGENDA JAN 1 9 ITEM N0. AGENDA STAFF REPORT TO: Honorable Mayor and Members of the Ci s FROM: Laura M. Nieto, CMC, Deputy City Cler DATE: January 19, 2011 SUBJECT: NOTICE DECLARING A VACANCY OF OFFICE NO. 4 OF THE PLANNING COMMISSION (BRYAN UR1AS) PURPOSE The purpose of this report is to request that City Council vacate Office No. 4 of the Planning Commission. BACKGROUND/DISCUSSION, On September 1, 2010 the City Council adopted Resolution No. 2010 -003 appointing Bryan Urias to Office No. 4 of the Planning Commission. As a result of the November 2, 2010 election and the successful candidacy of Planning Commissioner Urias to the Upper San Gabriel Valley Municipal Water District and in accordance with Section 32.11 of the Baldwin Park Municipal Code which prohibits Commissioners from holding public office as an elected official during their term, there is now a vacancy on the Planning Commission. RECOMMENDATION Staff recommends City Council declare a vacancy of Office No. 4 of the Planning Commission, direct staff to advertise the vacancy and bring applications forward to a future meeting for consideration of appointment. CITY COUNCIL AGENDA CITY OF BALDWIN PARK STAFF REPORfN 1 ITEM N0, BALDWIN P A, R, K To: Honorable Mayor and Members of th ity Coun it From: Lili Hadsell, Chief of Police Date: January 19, 2011 Subject: CITY COUNCIL CONSIDERATION AND APPROVAL OF THE RELEASE OF FUNDS ALLOCATED BY THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF LOS ANGELES TO ADMINISTER THE GRANT PURPOSE The purpose of this report is to request Council approval to appropriate money granted by the Recovery Act Edward Byrne Memorial Justice Grant (JAG) Program to increase the safety of its Police Officers while improving the efficiency of the Police Department. BACKGROUNDIDISCUSSION The City of Baldwin Park Police Department would use the $54,315 JAG grant to increase the safety of its Police Officers while improving the efficiency of the Police Department. To accomplish this, the city wishes to purchase the following equipment for the Special Response Team: optics for team weapons, weapons, remote audio /video surveillance equipment, searching equipment, and crisis negotiations equipment. Although this equipment will be stored and maintained by the Baldwin Park Police Department, it will be available to surrounding jurisdictions on a mutual aid basis. The Baldwin Park Police Special Response Team is responsible for responding to any dangerous situation that would be outside the capabilities of a normal patrol shift, due to training or weaponry. Additionally, the Baldwin Park Police Special Response Team serves all high -risk search warrants and responds to all barricaded suspect/hostage situations. Due to severe budgetary constraints and the state of the economy, neither the Department nor the City itself is capable of bearing the expense of this much needed equipment. The need for police service has remained constant, and will increase with the growing population of the community. The City Attorney has reviewed the attached resolution and Memorandum of understanding and approved them as to form and content. FISCAL IMPACT There will be no negative impact to the general fund. ' loIt OIoI�t RECOMMENDATION Staff recommends: 1) The City Council approves the appropriation of money granted by the Recovery Act Edward Byrne Memorial Justice Grant (JAG) Program in the amount of $34,315 to perform a technology upgrade to the police department authorized and pay related administrative costs. 2) Waive further reading, read by title only and adopt Resolution No. 2011 -001 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO SIGN THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE CITY OF LOS ANGELES. Attachments: 1.) Memorandum of Understanding 2.) Resolution No. 2011 -001 Prepared by sagealit Kevin I' fi mIn RESOLUTION NO. 2011 -001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXPRESSING SUPPORT FOR AND APPROVING THE APPLICATION FOR THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM WHEREAS, the United States Department of Justice, Office of Justice programs will provide funds to local governments to support actives to prevent and control crime; WHEREAS, the City of Baldwin Park is allocated funds through the Recovery Act Edward Byrne Memorial Justice Assistance Grant Program (the "JAG Program ") as part of the Office of Justice Programs; WHEREAS, the procedures established by the JAG Program require the City Council to adopted a resolution expressing support for the application after Folding a public hearing for the same; WHEREAS, the City Council held a public hearing on this matter on September 23, 2009, to hear all comments from the public and to consider this matter; and WHEREAS, the City, if successful in its request for the grant, will enter into a contract with the United States Department of Justice, Office of Justice Programs for the grant; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: and Section 1. Expresses support for the project; and Section 2. Consent to the project and accept the work, goods, or services provided through the project, and Section 3. Approves the filing of an application for the JAG Program, Section 4. Authorizes the Chief of Police or her designee, to sign any and all documents necessary for the grant, subject to approval as to form by the city attorney PASSED AND APPROVED this 19th day of January, 2011. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the day of , 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO DEPUTY CITY CLERK OFFICE OF THE MAYOR ANTONIO R. VILLARAIGOSA August 25, 2010 Lili Hadseil Chief of Police City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 -4226 RE: MOU: C- 117732 — JAG Grant 2009 Dear Chief Hadseli, Enclosed, please find the executed the MOU between the City of Los Angeles and the City of Baldwin Park for your records. Should you have any questions relative to this matter, please contact Thalia Polychronis, Grant Specialist at (213) 978 -0825 or myself at (213)978 -2619. Thank you. Very truly yours, rry Rose Grant Analyst Office of the Mayor Homeland Security and Public Safety Enclosure 200 NORTH SPRING STREET ° LOS ANGELES, CALIFORNIA 90012 Y PHONE: (213) 978 -0600 • FAX: (213) 978 -0750 EMAIL: MAYOR @LACITY.ORG MEMORANDUM OF UNDERSTANDING BETWEEN JURISDICTIONS AND THE CITY OF LOS ANGELES JUSTICE ASSISTANCE GRANT (JAG) FY 09 PROGRAM AWARD This Memorandum of Understanding ( "MOU ") is made and entered into this Ist day of February 2010, by and among the City of Los Angeles, acting by and through its governing body, the City Council ( "CITY "), and each of the jurisdictions and entities, severally and not jointly, whose names are set forth on Exhibit A attached hereto and whose signatures to this MOU are attached hereto, each acting by and through its respective governing body (which jurisdictions and entities are hereinafter collectively referred to as "Jurisdictions" and each individually as a "Jurisdiction "), the City and the Jurisdictions being located in Los Angeles County, State of California. WITNESSETH WHEREAS, this MOU is authorized pursuant to Section 23005 of the Government Code; and WHEREAS, this MOU is authorized by the Los Angeles City Council and the Mayor of Los Angeles (refer to Council File 09 -2546 dated January 19, 2010) and the Jurisdiction's respective governing body (i.e. its City Council and Mayor or Board of Supervisors); and WHEREAS, the United States Department of Justice, Office of Justice Programs' Bureau of Justice Assistance ("BJA ") administers the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant ( "JAG ") FY 09 Program; and WHEREAS, BJA requires a Memorandum of Understanding ( "MOU ") between the Jurisdiction and City prior to allocating JAG funds; and WHEREAS, each governing body, in performing governmental functions or in paying a the r those performance payments from current revenues legally available to that party; performance or those pay and WHEREAS, each governing body finds that the performance of this MOU is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this MOU; and WHEREAS, the CITY agrees to serve as the applicant/fiscal agent for the JAG funds allocated to the Jurisdiction and to provide the Jurisdiction with the amount of JAG funds approved by BJA; NOW THEREFORE, the Jurisdiction and CITY agree as follows: Section 1 JAG 09MOU 1 07109 The term of this MOU shall commence on October 1, 2008 and end September 30, 2012. Said term is subject to the provisions herein. Section 2 Exhibit A to this MOU sets forth the amount of JAG funds allocated to each Jurisdiction by BJA. Upon the disbursement by BJA to the City of JAG funds allocated to the Jurisdiction, the CITY agrees to disburse to the Jurisdiction that amount set forth on Exhibit A as the "Disbursement Amount' for the Jurisdiction. The Disbursement Amount is the amount of JAG funds allocated to the Jurisdiction by BJA less 7% of such allocated amount to be retained by the City as compensation to the City for its role as applicant/fiscal agent of such JAG funds. The Jurisdiction agrees to use the JAG funds for those projects approved by BJA and the JAG program as set forth in the application for the JAG funds submitted by the City to BJA. Prior to disbursement of the Disbursement Amount of JAG funds to the Jurisdiction, the Jurisdiction agrees to enter into a contract with the City setting forth the Jurisdiction's and the City's assurances and obligations regarding the use of JAG funds, which shall include without limitation compliance with all applicable laws and reporting requirements as set forth by BJA in connection with the use of the JAG funds (the "Contract'). Section 3 Nothing in the performance of this MOU shall impose any liability for claims against the Jurisdiction other then the State or FederaltGovernmentpfor�unallowable l r Claims Act, or claims by y expenditure of the funds provided by this MOU. Section 4 Nothing in the performance of this MOU shall impose any liability for claims against CITY other than claims for orhFedlerallGovernment opsu unallowable expenditure ofl�he s Act, or claims by the State funds provided by this MOU. Section 5 Funding for all periods of this MOU is subject to the continuing availability of Federal funds for this program. The MOU may be terminated immediately upon written notice to the Jurisdiction of a loss or reduction of Federal grant funds. Any change in the terms of this l be i including any this MOU decrease in the amount of JAG funds written amendment properly executed rand, shall be incorporated into Y signed by the person authorized to bind the parties. Section 6 Upon the disbursement of funds to the Jurisdiction, the Jurisdiction shall provide performance reports on a quarterly basis demonstrating progress in achieving desired goals and outcomes in a folaso be set forth i her reporting requirements sha Contract, which shall also provide dates on which these reports shall be submitted to the CITY. JAG 09MOU 2 07109 Section 7 Each of the parties to this MOU is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an MOU as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.8 of said Code, will each assume the full liability imposed upon it or upon any of its officers,, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this MOU, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. The Jurisdiction certifies that it has adequate self insured retention of funds to meet any obligation arising from this MOU. CITY also certifies that it has adequate self - insured retention of funds to meet any obligation arising from this MOU. Each party to this MOU will be responsible for its own actions in providing services under this MOU and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 8 The parties to this MOU warrant that they will abide by all the Federal, State and other governmental rules and regulations applicable to the JAG funds. The Jurisdiction shall be liable to the City, as fiscal agent, for any sums spent under the JAG grant found to be ineligible by the State or Federal government. The Jurisdiction shall cooperate and assist the City in any audit, or administrative or judicial actions brought by the State or Federal government concerning the activities funded by this MOU. Section 9 The parties to this MOU do not intend for any third party to obtain a right by virtue of this MOU. Section 10 By entering into this MOU, the parties do not intend to create any obligations express or implied other than those set out herein. Further, this MOU shall not create any rights in any party not a signatory hereto. Section 11 This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. JAG 09MOU 3 07109 IN WITNESS WHEREOF, the governing bodies of the parties hereto have authorized the foregoing Memorandum of Understanding between the Jurisdiction whose execution is set forth below and the City of Los Angeles to be executed on the 0,1�h day of 2010. CITY OF (NAME AND Title) Date: ATTEST: (NAME AND Title) (Title) Date: CITY OF LQ GELES ANTONI ILLAR OS , Mayor By: Date: APPROVED AS TO FORM: CITY OF LOS ANGELES CARMEN TRUTANICH, City Attorney City Attorney Date: APPROVED AS TO FORM: (JURISDICTION) (NAME AND Title) e Date: (Title) Attach City Seal Below: Attach City Seal Below: ATTEST: JUNE LAGMAY, City Clerk K By. Deputy City Clerk Date: Y Council File /CAO Number tA--2,cp4j57 Date: eh 110 044D- Said MOU is Number iil'17 :1. _of City Contracts C� I t1-732 JAG 09MOU 4 07109 IN WITNESS WHEREOF, the governing bodies of the parties hereto have authorized the foregoing Memorandum of Understanding between the Jurisdiction whose execution is set forth below and the City of Los Angeles to be executed on the day of 2010. CITY OF BALDWIN PARK VIJAY SINGHAL, Chief Executive Officer By: Date: ATTEST: LAURA NIETO, DEPUTY CITY CLERK (Title) Date:. '3 IC-)a -Ilo CITY OF LOS ANGELES ANTONIO R. VILLARAIGOSA, Mayor ME Date: APPROVED AS TO FORM: CITY OF LOS ANGELES CARMEN TRUTANICH, City Attorney : Deputy City Attorney Date: Council File /CAO Number Said MOU is Number APPROVED AS TO FORM: JOSEPH W. PANNONE, CITY ATTnRNF_Y ; Date Attach Laty zjeai nemv; Attach City Seal Below: ATTEST: JUNE LAGMAY, City Clerk By: Deputy City Cleric Date; Date: of City Contracts JAG 09MOU 4 07/09 EXHIBIT A Jurisdiction Name Allocated Amount * 7% Deduction ** Disbursement Amount LOS ANGELES COUNTY" ALHAMBRA CITY $880,104.46 $35,270.23 $61,607.31 $2,468.92 $818,497.15 $32,801.31 ARCADIA CITY $17,536.85 $1,227.58 $16,309.27 ARTESIA CITY $11,678.40 $817.49 $10,860.91 AZUSA CITY BALD WIN PARK CITY $23,005.27 $37,379.39 $1,610.37 $2,616.56 $21,394.91 $34,762.83 BELL CITY $19,646.01 $1,375.22 $18,270.79 BELL GARDENS CITY BELLFLOWER CITY BEVERLY HILLS CITY BURBANK CITY $30,582.86 $59,290.58 $16,639.29 $30,153.33 $2,140.80 $4,150.34 $1,164.75 $2,110.73 $28,442.06 $55,140.24 $15,474.54 $28,042.60 CERRITOS CITY $18,942.96 $1,326.01 $17,616.95 COMMERCE CiTY $16,130.74 $1,129.15 $15,001.59 COMPTON CITY $196,308.16 $13,741.57 $182,566.59 COVINA CITY $23,434.81 $1,640.44 $21,794.37 CUDAHY CITY $15,076.16 $1,055.33 $14,020.83 CULVER CITY $22,263.72 $1,558.46 $20,705.26 DIAMOND BAR CITY $13,592.05 $951.44 $12,640.60 DOWNEY CITY $55,267.77 $3,868.74 $51,399.02 DUARTE CITY EL MONTE CITY $11,092.86 $79,093.61 $776.50 $5,536.55 $10,316.36 $73,557.06 GARDENA CITY GLENDALE CITY $56,634.37 $42,690.80 $3,964.41 $2,988.36 $52,669.96 $39,702.44 HAWAIIAN GARDENS CITY $17,576.36 $1,230.35 $16,346.01 HAWTHORNE CITY $74,523.76 $5,216.66 $69,307.09 HUNTINGTON PARK CITY $67,727.23 $4,740.91 $62,986.32 INGLEWOOD CITY $122,799.48 $8,595.96 $114,203.51 LA MIRADA CITY $13,592.05 $951.44 $12,640.60 LA PUENTE CITY LAKEWOOD CITY $27,888.16 $48,237.23 $1,952.17 $3,376.61 $25,935.99 $44,860.62 LANCASTER CITY $147,289.88 $10$10.29 $136,979.59 LAWNDALE CITY $25,661.48 $1,796.30 $23,865.18 LOMITA CITY $12,537.46 $877.62 $11,659.84 LONG BEACH CITY $400,154.41 $28,010.81 $372,143.60 LOS ANGELES CITY" $3,519,128.25 $246,338.98 $3,272,789.27 .,,.r,,, , !, %/ qZQ-1 a11) 'Al VF 71A 9R S75.918.04 LI,YYY --- v MAYWOOD CITY - $18,630.94 $1,304.17 $17,326.77 MONROVIA CITY $15,896.73 $1,112.77 $14,783.96 MONTEBELLO CITY $31,324.41 $2,192.71 $29,131.70 MONTEREY PARK CITY NORWALK CITY $19,881.04 $64,329.47 $1,391.67 $4,503.06 $18,489.37 $59,826.41 PALMDALE CITY $120,065.27 $8,404.57 $111,660.70 PARAMOUNT CITY $51,478.97 $3,603.53 $47,875.45 PASADENA CITY $84,288.51 $5,900.20 $78,388.32 PICO RIVERA CITY $36,519.32 $2,556.35 $33,962.96 JAG 09MOU 5 07/09 POMONA CITY $145,492.73 $10,184.49 $135,308.24 REDONDO BEACH CITY $24,099.36 $1,686.96 $22,412.41 ROSEMEAD CITY $28,004.66 $1,960.33 $26,044.33 SAN FERNANDO CITY $14,334.61 $1,003.42 $13,331.19 SAN GABRIEL CITY $24,215.87 $1,695.11 $22,520.75 SANTA CLARITA CITY $42,964.32 $3,007.50 $39,956.82 SANTA FE SPRINGS CITY $16,951.31 $1,186.59 $15,764.72 SANTA MONICA CITY $67,844.74 $4,749.13 $63,095.61 SOUTH EL MONTE CITY $15,858.23 $1,110.06 $14,748.15 SOUTH GATE CITY $62,883.85 $4,401.87 $58,481.98 TORRANCE CITY $39,722.57 $2,780.58 $36,941.99 WEST COVINA CITY $45,347.00 $3,174.29 $42,172.71 WEST HOLLYWOOD CITY $38,628.48 $2,703.99 $35,924.49 WHITTIER CITY $37,495.89 $2,624.71 $34,871.18 *The final allocation amount includes additional funding from Carson and Industry, who declined their JAG funds. Their allocations were evenly distributed based on each jurisdiction's percentage of the total grant amount per DOJ. * *Los Angeles County and the City of Los Angeles will pool together their respective disbursement amounts and split them by 50% based on a previous agreement on how to split JAG funds. ** *The 7% deduction from all other jurisdictions will be added to the City's total for Management and Administration of the grant for a total of $512,177.47. JAG 09MOU 6 07109 I114 BALDWIN PEA - R - K CITY COUNCIL AGENDA CITY OF BALDWIN PARK STAFF REPORT ITEM NO. JF TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Servic 49/ DATE: January 19, 2011 SUBJECT: AWARD CONTRACT FOR PRINTING OF THE BALDWIN PARK NOW PUBLICATION PURPOSE The purpose of this report is to request authorization to sign an agreement with Aljon Graphics for the printing and preparing of the Baldwin Park NOW. BACKGROUND In accordance with City Code, a request for proposals was prepared and presented at their City Council meeting on November 3, 2010 and publicly posted. The Request for Proposal was posted on the City's website and a packet was sent out to the following five (5) printing companies that the City has worked with in the past: 1) Collective Color 2) Ace Commercial Printing 3) Aljon Graphics 4) PM Group 5) Alpha Printing On November 29, 2010, two (2) proposals were received for the printing of the Baldwin Park NOW publication. Staff reviewed the two (2) proposals and after meeting with the vendors, determined that Aljon Graphics submitted the lowest responsible bid in the amount of $45,222.82. Having worked with Aljon Graphics in the past, staff had a positive experience from prior projects. This vendor has worked on several publications for the Department in the past, which includes the award - winning Fall/Winter Recreation Guide in 2008. Aljon Graphics has also agreed to a timeline that best fits the needs of the Department in ensuring the NOW is received by residents in a timely manner. DISCUSSION The current printing company of the Baldwin Park NOW is the PM Group, who assisted with the re- design of the NOW in 2009, In order to make a smooth transition from the old publication to the new publication, staff worked closely with the PM Group on design and layout until the Department was ready to handle the design in- house. At this point staff has taken on full control of the design and layout of the Baldwin Park NOW and is seeking a printing company to complete the final press, printing, binding and distribution of thd' publication. Since the contractor is ready to begin work, a formal notice to proceed will not be needed. Also the effective date of the new agreement will be January 20, 2011 and that agreement will terminate the existing agreement with PM Group as of that date. In that way, the City will be able to take the benefit of the costs savings immediately upon the Council's approval of this contact. FISCAL IMPACT The amount of the contract will be a total of $45,222 annually or average of $7,537 per issue. The City is currently paying approximately $57,676 annually with an average of $9,612 per issue. The cost savings of entering into a contract with Aljon Graphics is an annual savings of $12,454. RECOMMENDATION Staff recommends that the City Council: Award a Contract to Aljon Graphics for the printing of the Baldwin Park NOW in the annual amount of $45,222.82; and 2. Exclude Notice to Proceed and commence services January 20, 2011; and 3. Authorize the Mayor to execute the attached agreement; and 4. Authorize the Director of Recreation and Community Services to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. Attachments: A) Summary of Proposals Received B) Agreement with Aljon Graphics C) Request for Proposals (RFP) z ATTACHMENT A Printing of the Baldwin Park NOW 1 Aljon Graphics $45,222 2 PM Group $45,830 AGREEMENT THIS AGREEMENT made and entered into this 1 9th day of January 2011, by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter "CITY ") and a California corporation (hereinafter" CONTRACTOR "): WITNESSETH: The parties hereto do agree as follows: (1) RECITALS: This Agreement is made and entered into with respect to the following facts: (a) CITY has heretofore solicited sealed public bids for printing services as specified herein and accordance with the plans and specifications in said City; and (b) CONTRACTOR has submitted a proposal to accomplish said work; and (c) The City Council of CITY has heretofore determined, in accordance with all applicable laws, CONTRACTOR'S said proposal constitutes the lowest responsible bid and has heretofore awarded said proposal to CONTRACTOR; and (d) CONTRACTOR is fully qualified to perform the work as hereinafter described. (2) CONTRACTOR DOCUMENTS: The following documents, incorporated herein by this reference shall constitute the contract documents referred to in this Agreement. (a). Request for Proposals (RFP) (b). Bid Proposal (c). General Liability Insurance Certificate (d). Workers Compensation Certificate (e). Business Automobile Liability Insurance Certificate (3) NATURE OF WORK: CONTRACTOR agrees to furnish all materials, tools, equipment, transportation, labor and service necessary to perform and complete in a good and workmanlike manner the services in the manner designated in this Agreement and the contract documents. CONTRACTOR shall provide printing services, which would entail the following: • Coordinating delivery of design • Providing proofs for review • Making final blue line changes • Printing of approximately 22,250 copies for six issues of the NOW • Delivery to the United States Postal Service (USPS) for distribution • Delivery copies to the Esther Snyder Community Center • Follow specifications listed in the Request for Proposals (RFP) (4) COMPENSATION: For work satisfactorily performed by CONTRACTOR, CITY shall pay CONTRACTOR a total not to exceed amount of Forty -five Thousand Two Hundred Twenty - two Dollars and Eighty -two Cents ($45,222.82) for all services rendered pursuant to this Agreement and based on a total not to exceed amount of $8,770.47 for each issue of the NOW. Such compensation shall be paid in a per issue lump sum within thirty (30) days after CITY approves an invoice (i) submitted by CONTRACTOR after the satisfactory completion of the service required for each issue of the NOW and (ii) that describes satisfactory work performed to date and the lump sum to be paid, any and all amounts previously paid or invoiced and the remaining amount of the total not to exceed figure established by this Agreement. (5) TERM OF AGREEMENT: This Agreement shall commerce as of January 20, 2011 and shall be valid for a period of twelve (12) months thereafter, unless terminated earlier pursuant to this Agreement. CITY reserves the right to negotiate an extension to this Agreement for an additional period of two (2) years prior to expiration of this Agreement. (6) TERMINATION: ASSIGNMENT: This Agreement may be terminated at anytime by a majority vote of the City Council and upon ten -days' (10- days') written notice to CONTRACTOR. This Agreement shall not be assignable or transferable by either party without the express written consent of the other party. (7) INDEMNIFICATION: CONTRACTOR shall defend, indemnify and hold harmless CITY and CITY's officers, agents and employees against all claims, demands, actions, damages, cost (including reasonable attorney's fees and court cost) and suits brought against any of them arising from CONTRACTOR'S performance under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF BALDWIN PARK Mayor Date ATTEST: Deputy City Clerk Date [Signatures continued on Page 3] [Signatures continued from Page 2] Contractor: By: _- R ZA Alpha I VC Its Its Proposal To: Manuel Carrillo Jr. COMPANY: City Of Baldwin Park ( Rec) ADDRESS: 4100 Baldwin Park Blvd CITY, ST, zip: Baldwin Park, Ca 92706 ALJQN GRAPHICS Graphic Design & Quality. Printing 1721 E. Lambert Rd • La Habra, CA 90631 (562) 694 -3144 • (714) 773 -0738 FAX (562)691 -0453 DATE: 11/9/2010 FAX TO: (626)814 -2998 PHONE: (626) 813 -5245 REF N0: 8946 Job Name Baldwin Park Now and Recreation Guide Insert Quantity 22,250 per issue 10 7/8" x 8 3/8" _Flat.and final size Number of pages 16 pages for "B P Now" and 32 pages for insert Guide print ready files supplied to Aljon Preprdss Details Proof digital color / PDi= Material " Now " 60# Recycled Gloss Book " Rec Guide / Insert" 50# Recycled Gloss Book Presswork 4/4 process with soy based inks Bindery '`)=old, gather, stitch, and trim Packing / DefiVbry deliver to USPS and City Hall Other bundle for simplified mail Specifications Prices 6 issues BP Now ( 16 pages) of that 2 issues will include the 32 Sales Tax Not p age Recreation Guide. 22,250 per issue Included. Ail Orders $37,834.00 plus $3688.82 sales tax plus $3700 special ndery subject to 10% billable overs. _ $45,222.82 /m per thousand All orders,subjeet;to credit a' rovat_::. Date Most Sincerely 'Kevin q Cea i 1X'14iZQ11) FAA iII139,501JUI fAHMEWj HN;iUf2AUNCE ----I 002 CERTIFICATE OF LIABI'Ll"11-Y INSURANCE pkdnlJCctt THIS CERTIFICATE IS ISSUED AS A MATTER OF IN ORMAVON dny C€�17. tSE! Insurance Agency ONLY AND CONFERU NO RtW rS UPON TiaE CERTIFICATE HOW ER- 1t THiS CERTIFICATE E)L}Co NOT AMEND, EXTEND dR 1290 N Hancoak Street suita 230 I ALTP -n THP COVERAGE AFFOR. 92 8'L 7HI� Eq7 tGES REt�C W.� Anaheim, M 92807 _ -- ` -fd09 Fax 1 -Si01 INSURERS A~FOiJi CEVEz4sw NAICI hyEUET o )NSUHhRA- AgOnaY Libext.Y iTnd�,zsrCi .r Alion araphica, Inc ! INSURER 6, 1721 E. Lambert Road, �v to A UeWER G: i s Habra, CA 90631 THE POLICIEu OF fNSiJRANQE LISTED BELOW "AY: SEEN K5WEU TO TH£ UyWKW f4,PLM V AbVV!:?-VK )tfl' FULR T Y�t[llJt)!lSL71LiHItU. [rLr1Ye11 nasY 9r, 7 ANY REQUIREMENT, TERN! 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Ej ',AurOSfQ&rLE LIABILITY ANYAUTC1 Es a�OCld -^rYj WOOS L11,9T S 1,000,000 F LL awv�n AflTas _ scf� o;;LEp auras WDILY WirffiY (Pat pqrs&n) { s A, I K TRAM AMOS 02BP62713640 08/01/10 108/01/11 apnlLYI�+JtE�r X NbN- [rrinEn a1rYO:� {Par acccersa) ____�_ __� 1 (POPE. RTY.;DMAAGE Cy4RAGE it0. %IW1Y _•.•••••.»» AUTO ONLY- EAACCWENT OTHERIKAN 1hCC auTaatn.r AGO $ -- •AFNAUTO i S F1t,EM 1 E WW. t" UlABA.W? ' FACH O 'C6AMeNCE $ I I wCi1R E[ C'LA %"WADE Y RYLILMIg •� 4T Y4©fiKE-RS COMPENMT10N ANDEMPLOYCRG LIABILITY Yrts I AM r$ WFUUOWFARTNE;Rr T's OFFIGEA.I.L°LSMR iiCtiWEOi F.L. FACHACCIf1ENT S � F,1„W$EA'tE -FA �lfal AYES -_- (Wndvywy m xul DOG.,as uavLwJat &RF.0 ?ti E.L DISEASE - POUCYLLArC S i OTHER aSSCRtuTIgN aF �1V1✓R,lT)rJNS ! LOCATtI�MS iY5%I:Cf LES i CXCLU5IC}td.°, MCEU E)Y ENDt7fi3Lh1t j =N71 &PtGIgL PAfMIRIOH: I i Retail Printing and Graphic Desion BRaMB A§TY Ai IM iBbVE GE31MSL-O P0t%7iR d& Cdi -ELLE4'E"0i 1£ T3s En aaRU "=- TEtflt£OP• nir ISSUT:ta L'PWREB VMX F1MrAV M To NAJ1- 30 Wm Yr"S rf" for," -1 a TwK t3mw' IaaYf. W'u- Anum40td YE 4L;"t BU-i FA U)P-m T& 0& A & id W.L SAPWC ho 0A)VAY1CX Oar "UYY 0 M >SPU JtON W5 sNSMR 1T3 A1JV4T! OP. AC0R1)25(20wf91) fq) 198& 11i14 AC P i5I~l. AI ht r+szar m -rho ArORO nam4 and l9qu tEro foolstund malk9 vt Al -OW DATE (MWDDJYY) CCJROI CERTIFICATE OF LIABILITY INSURANCE AWONG1 05/31/1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION VIASC Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic. # 0747420 HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR P.O. Box 910936 ALTER THE COVERAGE AP ORDED BY THE POLICIES BELOW. Los Angeles CA 90091 -0936 Phone: 323 - 728 -9600 Pax-.323-728-0483 INSURERS AFFORDING COVERAGE NAIL # INSURED - -� INSURERA 10900 INSURER B; fSon Graphics, Inc, kNSURERC: Aa o Kovin Hoasne - 721 E. Lambert ltd . , #A _SNSURERD: La Habra CA 90531 tnrsuarR E: COVERAGES TITS POLICIES Or INSURANCE LISTED BELONJHAVE BEEN I' USUED TO THE INSURED NAMEiJ ABDVE FORTHE POLICY PERIOD INDICAIL-U, NU JYOI MARNUink, ANY REQUIRFMENT, TERM OR CONUHTON OF ANY CONTRACT OR OTHER DOCUMENT VAIII RESPECT To "r11CH THIS CER1'IFHJArF MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDW BY THE POLICIES DESCRMFD HEREIN IS SUBJOCT TO ALL THE TLPIAS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMB$ SHUWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Tam L7R HSR —.. TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY POLICY NUMBER P FIF�CnV DATE MMJDiNYYW D TE M LIMITS EACH OCCURR S E ruNTE vr>_n T� r= t PRERJIISES ((a n curer= g tAED EXP (Any ono Pers*n) S CLAIMS MADE OCCUR PERSONAL aADVINJURY S i] C,ENERALAGGREGATE S — PRODUCTS • COMPiOP AGG S GEOL AGGREGAIE LIMIT APPLIES PER: PRO- LOC POLICY JFCT — AUTOMOBILE LJABILITY COMBINED SINGLE LIMIT (Ea accwed) y ANY AUTO ALLOVOIEDAUTO,S. BODILY INJURY (Parpr'sani S SCHEDULED AUTOS .__. HIRED AUTOS BODILYINJURY {PM [rCCitlenl] S NOWOM, ED AUTOS PROPERTY DAMAGE (PCr aotl&nl) S — — GARAGE LtABILJTY AUTO ONLY • FAACCIUENI" S OTTiER'iNAN FA ACC AUTO ONLY: AGG $ ANYAUTO # $ EXCESS r UMAR[LI.A LIABILITY {j �^ — • FACH OCCURRENCC 5 __ AGGRtk:GA7E 5 "W1 OCCUR F CLAMSS MAD[ S DEDUCTIBLE S RETENTION %VORXLRS 00UP'ENSATJON X TORY LIMITS ER ,_ A AND EMPLOYERS' LIABILITY IANYPROPRIETor�,PARrNEfVFXECLYfIV6---I Yf OFFRCEMAEMREREXCLUDED? — Y (MandatoiV In NH) ILyus descrbeurder SPEGFAL PROVISIONS ba�vN SPIJ1228 -74 -E 05/01%10 06j01/11 E.r. "EAC,ItncClna:Irl' $1000000 E.L.DISEASE- EAEMPLOYE $1000000 C-.L.DISEASE - POLICY LIMIT S 1000000 OTHER ESCRIPTIOH OF OPERATIONS ( LOCATIONS I VELICLES I EXCLUSIONS ADDED BY ENDORSEMENT r SPECIAL PROVISIONS Proof of Coverage ONLY --- for Workers' Compensation Coverage. CERTIFICATE^ HOLDER ACORD 25 Lwabert RusinOss Park, LLC 3535 Inland Empire Blvd, Qntario CA 91764 q 48(38 -2005 ACORD CORPORATION. The ACORD name and Ingo are reg(stared marks of ACORU CANCELLATION SHOULD ANY OF THE AaOVE- DESCIIJUED POLICIES BE CANCELLED BEFORE 7NE EXP1RFiIlU i,A41{V,RT DATE THEREOF, THrz ISSUING INSURER NRLL ENDEAvoR TO MAIL 32_ DAYS #KITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,13UT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON -ME INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORtZEO REPRESENTATIVE Pauline S. Ornelas, CXC INCERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST of THE CERTIFICATE HOLDER NAMEO BELOW WILL NOT BE CANCELED Oft OTHERWISE TeRMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 GAYS FROM THE DATE WRITTEN. THIS CCRTWICATE OF INSURANCE DOES NOT CHANGE THE COMIAGE PROVIDE -0 RY ANY POLICY DESCRIBED BELOW. This certifies that: n/ STATE FARM MUTUAL_ AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois STATU FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas D STATE FARM INDEMNITY COMPANY of Bloomington. iilinois. or D STATE FARM GUARANTY INSURANCE COMPANY of Bloomington. Illinois has coverage in torts for Ilse tollowintg Named Insured as shown below. I NAMED INSURED -.. r:t -,i`:' i i :.`_' ---- -._._.. -- -- ---- -- ..__- ____�.-- -- •- ---' r A_DDRES5 OF NAMLD INSURED: ��i: riil�i ter': Cis '.a r, tI�OLICYi�It1Mf3ER - - -• -- •!'' a7 s,•: ir', -r;. >. -_ ���, t- �..�- �-=-- :....- ..,._._..._ —. i_.�._._ - �.....__._..�._.. -- •j --- •-- •---- - - - - -- .. j PO i FFE U - -- WE 5Af -� _ i _ ._.........._ . • - i— .�. � .._- ��_ __ _ _ - l - — - t OF POLICY DESCRIPTION O � .� " `- I j VE:FC[t;1.1'' rtnrtudfng Vli�'j :'c' _ �_ •;,t', r ;'3'_ , �.. LIABILITY COVERAGE � � YC$ J NQ � U YES D NO i (] YES D NO �D YES D NO . L1A91T5 OF LIABILITY .. -.�..� — _.— .___.._ -. � �--- •----- .__ - -- -, -� a. Bodily Injury t I e f E;dCtt f��rsAn I G:. _ l._ Fach f +cadent b Propetly laamage i { ! CaCh ACGidetll c. Roddy injury u - i Properly Damage ': t Single Limit i tBaal 1tcCidetii .—.. �.__._._. --- -1_ - -W — ---- ---- ..__... - -- --• - -- • -- � — •---- _--- .__- T... - - -- • ' PHYSICAL, DAMAC r_ COVERAGES YES CJ NO D YES D NO D YE=S D No 10 YES D NO Corttprehensive I $ ?. :.[) Deddrtible t F]eductrb3e : S Uoducttrle f $ [Jectuctrbic I I i }rES D NO I [-] YES D NO 0 Y1=S 0 NO DYES 0 NO b3 collision $ I, _t , Doduciible $ t)edo trble $ 00dtAcliblr' Dedua ible (;M?LC)11ERS ' C0VERAQE ! YES M NO I D YES D NO I D YES D NO D YES_ ONO 'GAR UA4tLfTY Ci]VFt2.44L- � D I co C> RAC LwaruTY j YES No C D YES D No 0 YES ONO EJ YES D NO i �.._ _ -_ -_ _�_--- - - - -•- FLEST- COVERAGE FOR ---� -• �-- --- _.�.�_ —._ —; � NO � [� YES ❑ NO i .�r.1 6V�,�'f 141CLFJCENSL't7 . [:-] YES Lt NO 1 D YE=S D NO ! D YES MOTOR V6tiICt.EiS -- -- --• -- - -.: S,ynalorc of ���eE! Rapresenlabve — — i,te Aqunt's Qode Nurnbcr Date Name and Address of Ceflifiepie bolder Rams and Andress of Agonl- _ ! , It): S BI ACN fiI,Y,: .. E:. . . t i s INIE RINAI`STATE FARM USA gNIY:�[j Request permanent (01s'iCdla n! kn,uranCp !or ridbrhly coverage FAA BALDWIN PIA - R - K CITY OF BALDWIN PARK CITY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation and Community Service DATE: January 19, 2011 SUBJECT: East Valley Boys and Girls Club Lease Agreement Update PURPOSE The purpose of this report is to update the City Council on the status of the facility -use lease agreement with the East Valley Boys & Girls Club (EVBGC). BACKGROUND At the City Council meeting held on January 20, 2010 an amendment to the EVBGC Facility -Use Lease Agreement was approved. The amendment reflected a decrease in monthly fee paid to the City of Baldwin Park by the EVBGC. The original agreed upon monthly fee reached it's maximum at $5,500 per month. Due to the current economic climate enrollment at the EVBGC Daycare had declined approximately 40% and continues to remain steady at the lower enrollment. The amended amount was adjusted to $4,100, which was reflective of the low enrollment and their inability to pay the original amount. As of January 20, 2010 the EVBGC had an outstanding balance of $16,500. The outstanding amount was divided over 12 months and paid by the EVBGC with their new monthly payment of $4,100. DISCUSSION Since January 2010, staff has been reviewing the revenues and expenditures of the EVBGC on a monthly basis over the last twelve (12) months. Currently, the EVBGC has paid their outstanding balance of $16,500 and has been on time with all monthly payments of $4,100. It is staff's recommendation to proceed with the amended fee of $4,100 for the next six (6) months while still evaluating the enrollment and expenditures. The Department also continues to assist the EVBGC in the marketing and outreach of their program through flyer distribution, marquee announcement and promotion in the Baldwin Park NOW, Staff has been working closely with the EVBGC to determine a new monthly fee that will be brought back to the City Council in six (6) months to be implemented in the new fiscal year through the end of the agreement in December 2011. A new agreement will be drafted with the recommended fee and will reflect a fair monthly fee for both the EVBGC and the City of Baldwin Park. When the fees were amended in the beginning of 2010, the EVBGC agreed to maintain the cleanliness of their own facility and terminate professional janitorial services. The reduction in janitorial services saved the Department $1,000 per month. Thus, the change in fees from $5,500 to $4,100 is offset by the cost reduction. Rather than losing $1,400 each month from the EVBGC fee reduction, the Department is only losing $400. FISCAL IMPACT Continuing with the amended fee continue to provide revenue for the City of Baldwin Park, however it will result in less revenue than projected by the Department in the original lease agreement. In 2010, the impact of the amended fee was a decrease in projected revenue in the amount of $4,800. Over the next six (6) months, the decrease in projected revenue will be $2,400. The Department has been able to offset this deficit with the year -round increase in revenues from facility reservations. RECOMMENDATION Staff recommends that City Council; 1. Receive and file 11 BALD�V�N P >A, R• K 111103 FROM: DATE: CITY OF BALDWIN PARK Honorable Mayor and Members of the Council CITY COUNCIL AGENDA STAFF R ITEM NO, Vijay Singhal, Chief Executive Officer Marc Castagnola, AICP, Community Development Manag January 19, 2011 SUBJECT: Memorandum of Understanding with the San Gabriel Valley Council of Governments for SCE California Long -Term Energy Efficiency Strategic Plan (CEESP) Grant Program PURPOSE The purpose of this report is for the City Council to consider the approval of the Memorandum of Understanding (MOU) with the San Gabriel Valley Council of Governments ( SGVCOG) for work associated with Southern California Edison (SCE) California Long -Term Energy Efficiency Strategic Plan (CEESP) Grant Program. BACKGROUND The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member City interests to improve the quality of life in the San Gabriel Valley. SCE released a Request far Proposal (RFP) for local jurisdictions currently participating in Local Government Partnerships to fund activities that support California's Long -Term Energy Efficiency Strategic Plan. On February 10, 2010, the City of Baldwin Park submitted a letter of intent to participate to the SGVCOG, requesting to be included in the SGVCOG`s proposed work plan for the California Long -Term Energy Efficiency Strategic Plan (CEESP). DISCUSSION Through the San Gabriel Valley Energy Wise Partnership (SGVEWP), the SGVCOG and 28 cities submitted an application to SCE for grant funding. In May 2010, the SGVCOG was awarded funding to implement activities that achieve the goals in the California Long - Term Energy Efficiency Strategic Plan, specifically for the following two activities. 1) development of energy - efficiency chapters of Climate Action Plans (CAP Chapter), and 2) implementation of an online municipal facility utility manager (Utility Manager). Memorandum of Understanding SCE CEESP Grant January 19, 2011 Page 2 of 4 On June 16, 2010, the City Council was presented with a staff report which summarized the opportunities available to SCE partners for energy efficiency and adopted Resolution No. 2010 -029 declaring the City's support for an energy partnership between Southern California Edison, the SGVCOG and the City of Baldwin Park. Because of the complexity of the proposed workplan, SGVCOG staff has developed an MOU that would be between the SGVCOG and each participating city. The purpose of the MOU is to identify roles, responsibilities and procedures and as summarized below: Energy Efficiency Portion of Climate Action Plans /Energy Action Plans ($3,207,728) Participating cities will have the opportunity to complete inventories of energy usage both for municipal facilities and community -wide. This will help cities save money, and demonstrate their leadership in becoming more energy efficient. Building off of the inventories, cities can then develop and adopt an energy - efficiency chapter of their climate action plan or develop a standalone energy action plan. This activity will help cities develop a road map for decreasing energy usage, increasing financial savings, and implementing AB 32 requirements. Over the two year grant program, approximately $2,472,065 will be used to fund consultants that will develop each of the 28 participating cities' CAPs. These consultants will be selected through a competitive bidding process and with member input. An additional $529,480 will be paid to cities as reimbursement for their staff labor spent on this effort. The COG will receive $191,883 far time spent managing this work plan element. Implementation Strategy for City Facility Energy Management System ($1,468,500) The County of Los Angeles has purchased an unlimited license for an online Enterprise Energy Management Information System (SEMIS), whereby cities can opt-in to track and monitor energy usage in their facilities. Online access to the EEMIS will be free until October 2012. If elect to continue after October 2012, a nominal fee will be charged. This will allow cities to strategize cost effective measures that significantly impact building efficiency. Under this proposal, cities will be able to procure this program through the County at a significantly reduced cost and develop an implementation strategy for ongoing management. Of the total funding for this activity, approximately $150,980 will be kept by the SGVCOG to administer and manage this program, $567,840 will be returned to the cities as a reimbursement for staff time spent on this effort, and the remaining $675,664 will be used to cover other expenses including a share of the software license fee and purchasing of energy data. The SGVCOG's proposed budget includes approximately $1.1 million in funding for cities to reimburse staff time spent on the two work plan elements. The funding reimbursement per city will be capped at $18,910 for the EE CAP Chapter task and $20,280 for the Energy Management System task, for a total of $38,000. Memorandum of Understanding SCE CEESP Grant January 19, 2011 Page 3 of 4 Execution of MOUs: Cities have been requested to have the MOUs with SGVCOG considered for approval by the City Council by January 31 st and will not be able to bill for staff time prior to the execution of the MOU. Invoicing /Reporting: SGVCOG staff will attend a training session on invoicing and reporting procedures in early 2011 and will organize a similar training for the participating cities. Cities will need to submit invoices to the SGVCOG, in an agreed format, by the 5th day of the calendar month for work completed the prior month. Cities will be responsible for maintaining all supporting documents /timesheets to substantiate their invoices. Billable Rates: Cities may bill staff time on an hourly rate using a fully burdened hour rate taking into account all administrative/ operational expenses. Minimum Requirements of Participation: All 28 cities will need to participate in the development of a city - specific program management plan for each of the two tasks (CAP Chapter and Utility Manager). Project Steering Committee: SGVCOG staff anticipates forming the project steering committee as soon as the contract is executed with SCE and cities begin executing their MOUs. Cities will be responsible for designating a single staff member to participate on the Project Steering Committee. Proposal Review /Consultant Selection: To develop and review the consultant proposals, the SGVCOG is recommending the formation of a Proposal Review Committee (PRC) comprised of 5 -8 representatives. Timeline: The schedule for the early tasks is being accelerated in order to allow for maximum time to develop city - specific CAP Chapters. SGVCOG staff is recommending that a maximum of seven city CAP Chapters be developed simultaneously. The Project Steering Committee will provide input into the queuing process, based on each city's readiness. SGVCOG estimates that each city's CAP Chapter will take no more than 16 weeks to complete. The term of the MOU will commence upon the SGVCOG receiving a Notice to Proceed from SCE and continue through October 2012. FISCAL IMPACT There is no financial impact to the City for our participation. The funding reimbursement for each city will be capped at $18,910 for the EE CAP Chapter task and $20,280 for the Energy Management System task, for a total of $38,000. Online access to the SEMIS will be free until October 2012. If elect to continue after October 2012, a nominal fee will be charged. Memorandum of Understanding SCE CEESP Grant January 19, 2011 Page 4 of 4 RECOMMENDATION Staff recommends that the City Council approve the Memorandum of Understanding for work associated with Southern California Edison (SCE) California Long -Term Energy Efficiency Strategic Plan (CEESP) Grant, and authorize the Chief Executive Officer to execute the Memorandum. Attachments: Attachment #1 — Memorandum of Understanding Attachment #2 W- Letter of Intent to Participate Attachment #3 -- SCE Agreement with SGVCOG Memorandum of Understanding Memorandum of Understanding THE CALIFORNIA LONG -TERM ENERGY EFFICIENCY STRATEGIC PLAN (CEESP) MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF BALDWIN PARK This Memorandum of Understanding (MOU) is entered into by and between the San Gabriel Valley Council of Governments ( SGVCOG) and the City of Baldwin Park (CITY). WHEREAS, the SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the duality of life in the San Gabriel Valley by the member cities and other local governmental agencies; and WHEREAS, Southern California Edison (SCE) has awarded funding to the SGVCOG to implement activities that achieve the goals set forth in the California Long -Term Energy Efficiency Strategic Plan (CEESP); and WHEREAS, the CITY submitted a letter of participation to the SGVCOG requesting to be included in the SGVCOG's proposed work plan for this solicitation; and WHEREAS, the SCE agreement (Agreement) with the SGVCOG attached as Exhibit A provides for funding for two activities: 1) the development of energy - efficiency chapters of Climate Action Plans (EE CAP Chapter) and 2) the implementation of an online municipal facility utility manager (Utility Manager); and WHEREAS, the SGVCOG and the CITY desire to set forth the terms of their collaboration with respect to the CEESP in this MOU. NOW, THEREFORE, the Parties agree to the following: L General Conditions A. The Parties to this MOU are the San Gabriel Valley Council of Governments and the City of Baldwin Park. B. The Parties agree that all work contemplated under this MOU must be consistent with the terms of the Agreement between Southern California Edison and the San Gabriel Valley Council of Governments attached hereto as Exhibit A. C. The term of this MOU shall commence upon receipt by the SGVCOG of a Notice to Proceed from SCE pursuant to the Agreement and continue through October 31, 2012. The term may be extended by mutual agreement of both Parties. Il. Responsibilities of each of the Parties A. SGVCOG I. Coordinate and manage consultants, including contract management 2. Review and process all billing and reports to SCE 3. Perform all responsibilities required under the SCE agreement except those responsibilities assumed by the CITY as specified in this MOU 4. Provide reimbursement to the CITY for eligible work completed by CITY staff upon approval of invoices and receipt of payments ftorn SCE. B, CITY 1. Provide a point of contact to SGVCOG for both tasks (EE CAP Chapter and Utility Manager) as follows: EE CAP Chapter Name: Melecio Picazo Title: Senior Redevelopment Project Coordinator Phone: (626) 960 -4011, Ext. 495 Email: Mpicazo @baldwinpark.com Utility Manager Name: Melecio Picazo Title: Senior Redevelopment Project Coordinator Phone: (626) 960 -4011, Ext. 495 Email: Mpicazo@baldwinpark.com baldwinpark.com 2. Provide requested data to SGVCOG and consultants regarding municipal energy usage and facilities (including number, type and usage of facilities) 3. Participate, at a minimum, in the development of a "Program Management Plan" (PMP) for both the EE CAP Chapter and the Utility Manager tasks. This is intended to assess the feasibility of completing both tasks' workplans. Additionally, the CITY may participate in and be reimbursed for the following subtasks: EE CAP Chapters: • Participating in the Project Steering Committee • Participating in the consultant selection and review process • Providing data to the consultant regarding municipal and community -wide energy usage as well as planned or existing projects and programs relevant to the City's EE CAP Chapter • Coordinating with the consultant and participating in the municipal and community- wide EE CAP Chapter goal setting workshops • Reviewing and commenting on the draft EE CAP Chapter • Participating in the planning and execution of the San Gabriel Valley Climate Change Information Sharing Session Utility Manager: • Coordinating with staff from the County of Los Angeles on the installation of Utility Manager software, including networking of facilities as needed to connect to the Utility Manager • Participating in trainings by the County of Los Angeles on the use of SEMIS to analyze energy consumption data, identify energy savings opportunities, benchmark facility usage and operations, and sustain project saving • DeveIoping an SEMIS maintenance plan 4. Submit invoices to the SGVCOG for any billable hours by the fifth (5th) calendar day of the month for work completed the prior month, unless otherwise agreed to III writing by the SGVCOG. All invoices must be in the format provided by the SGVCOG and include the following information: subtask, title /position of staff, hourly rate by staff position, number of hours worked, date of hours worked, and description of work completed. All invoices are subject to review and verification by the SGVCOG and CEESP consultants. Reimbursements will be capped by a not to exceed maximum per deliverable as indicated in Table 1 below. Due to the nature of the funding allocations, a late invoice may not be eligible for reimbursement. 2 Subtask Maximum Reimbursement Utility Manager Task Task A.1: Work with County staff to identify opportunities and constraints related to M nstallation of EEMIS $ 720 Task A.2: Work with County staff to develop EEMIS planning report $ 1,110 Task A.3: Coordinate procurement of SEMIS with County staff $ 720 Task A 4: Work with County staff to install EEMIS and report back to SGVCOG $ 12,300 Task A 5: Participate in EEMIS trainings and develop SEMIS maintenance plan with County staff $ 45580 Task A.6: Report back on actions taken resulting from the benchmarking analysis $ 550 Subtotal 20 280 EE CAP Cbaptcr Ta Task B.1: Participate on Project Steering Committee $ 4,760 Task B 3: Plan for the development of the energy efficiency chapters $ 13200 Task B 5: Review and provide input on technical memo on baseline and long -term forecasts $ 3,74I Task B 7: Review and provide comment on draft energy efficiency chapters $ 8,729 Task B 9: Review final energy efficiency chapters and report back on implementation of recommendations $ 480 Subtotal $ 18 ,910 Table 1. Maximum Reimbursement by Subtask 5. Maintain official timesheets and other records that support hours billed to the CEESP program for a ten year period following the completion of the project. 6. Warrants and represents as follows: a. Understands and agrees that for the purposes of the foregoing, any requirements imposed upon SGVCOG by SCE are hereby passed - through and adopted as obligations of the CITY to the maximum extent allowable by law; b. Agrees to strictly comply with the scope of any and all authorizations, limitations, exclusions, and /or exceptions for use of CPUC fiinds; c. Shall not cause SGVCOG to be in violation of the Agreement, whether by act or omission; and d. Shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, now existing and as such may change from time -to -time. Any such laws, rules, regulations, ordinances, and directives required thereby to be included in this MOU are incorporated herein by reference. 7. Notwithstanding any provision to the contrary, whether expressly or by implication, the CITY agrees to indemnify, defend, and hold harmless. SGVCOG, its elected and appointed officers, employees, and agents form and against any and all liability resulting from the CITY'S negligent and wrongful act(s) and/or omission(s) arising from and/or relating to the Agreement and as such would be imposed in the absence of Government Code section 895.2. Without limiting the scope above, such liability includes but is not limited to the following: any finding disallowance; audits; demands; claims; actions; liabilities; damages; fines; fees, costs, and expenses, including attorney, auditor, and /or expert witness fees. The CITY understands and agrees that it is solely responsible for any and all incurred amounts found by SCE to be ineligible under the Agreement. Immediately upon the request 3 of SGVCOG or SCE, the CITY shall return any finds that have been disbursed to the extent that their use has been disallowed. For the San Gabriel Valley Council of Governments Signed: Date: For the City of Baldwin Park Signed: Date: 0 Letter of Intent to Participate P • A . R, K February 10, 2010 Jesse Langley, Energy Efficiency Project Manager !vocal Government Partnerships Southern California Edison Company 6042 -A North Irwindale Avenue Irwindale, CA 91702 Dear Mr. Langley: I am writing in support of the San Gabriel Valley Council of Governments (SGVCOG) proposal for the Flight #5.6: Local Government Strategic Plan Strategies Solicitation. This proposal will enable our communities to address the "Big, Bold" strategies related to local government found in the CPUC's California's Long -Term Energy Efficiency Strategic Plan by allowing us to plan for and achieve long -term energy efficiency savings. This will be accomplished through coordinated planning and implementation efforts made possible by this solicitation that are tailored to the needs and opportunities of each unique jurisdiction. The City of Baldwin Park intends to participate in the COG'S proposed work plan, We fully support the goals and objectives of this proposal. On behalf of my City, I encourage the Southern California Edison Company to recognize the opportunity presented by this proposal and award funding under the Local Government Strategic Plan Strategies Solicitation. Sincerely, City of Baldwin -Vark CITY OF BALDWIN PARK • 14403 FAST PAC[rIC AVENUE BALDWIN PARK - CA • 91706 (626) 960 -4011 FAX (626) 962 -2625 �aa SCE Agreement with SGVCOG SOUTHERN CALIFORNIA EDISON CALIFORNIA ENERGY EFFICIENCY STRATEGIC PLAN IMPLEMENTATION CONTRACT [insert name of Program]] Contract No. THIS CONTRACT FOR SERVICES ( "Contract ") is by and between SOUTHERN CALIFORNIA EDISON ('SCE ") and [INSERT NAME OF IMPLEMENTER] ( "Inlpleznenter "), which Contract shall be effective as of ("Effective Date "). SCE and Implementer may be referred to herein individually as a "Party" and collectively as the "Parties. WHEREAS, on October 1, 2009 in Decision 00-09-47, the California Public Utilities Commission ( "Commission ") authorized certain energy efficiency programs, including the Energy Leader Partnership Program for the 2010-12 program cycle; WHEREAS, in Decision 09-09.047, the Commission further authorized SCE to conduct a solicitation for certain energy efficiency strategic planning activities in connection with,- and to support, its approved Energy Leader Partnership Programs and local governments generally; WHEREAS, SCE has selected the Implementer to implement the [Insert Name of Program] (referred to hereinafter as the "Program "), promoting long-term energy efficiency and climate action activities; WHEREAS, the Implementer shall implement the Program for the benefit of certain participating governmental jurisdictions and their constituents; WHEREAS, the Parties desire to enter into an agreement that supersedes any and all previous agreements, and sets forth the terms and conditions under which the Program shall be implemented with respect to the Parties; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 DEFINITIONS All terms used in the singular will be deemed to include the plural, and vice versa, The words "herein," "hereto," and "hereunder" and words of similar import refer to this Contract as a whole, including all exhibits or other attachments to this Contract, as the same may from time to time be amended or supplemented, and not to any particular subdivision contained in this Contract, except as the context clearly requires otherwise. "Includes" or "including" when used herein is not intended to be exclusive, or to limit the generality of the preceding words, and means "including without limitation." The word "or" is not exclusive. 1. 1. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 1.2. Calendar Day: The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this Contract are Calendar Days. 1.3. Contract: This document issued by SCE to Implementer, as may be amended in writing as provided herein, which authorizes the Work, states the terms and conditions, and incorporates by reference the Statement of Work and any other referenced documents, if applicable, all of which form the agreement (Contract) between the Parties, with the following priority in the event of conflicting provisions: Amendments, from the most recent to the earliest; the Statement of Work; this Contract; and any other referenced documents. 1.4. Energy Efficiency Measure (or Measure): As used in the Commission's Energy Efficiency Policy Manual, Version 4, August 2008. 1.5. EM &V: Evaluation, Measurement and Verification of the Program pursuant to Commission requirements. 1.6. Implementer Budget: The approved maximum budget for funding the performance by Implementer of the Program, as set forth in the Statement of Work attached hereto as Exhibit A. 1.7. Incentive: As used in the Commission's Energy Efficiency Policy Manual, Version 4, August 2008. 1.8. Jobsite: An SCE facility or designated third party property at or for which the Work is performed. 1.9. Participating Municipality: Those jurisdictions or member cities that: (i) are located in SCE's service territory; and (ii) have been selected by SCE and Implementer to participate in the [Insert Name of Program] as set forth in the Statement of Work. 1.10. Program: The [Insert Name of Program] program. 1.11. Public Goods Charge (PGC): The funds which make up the Implementer Budget and which are collected from electric utility ratepayers pursuant to Section 381 of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Commission. 1.12. Statement of Work (SOW): A statement of the tasks to be performed by the Implementer, commercial terms including the Implementer Budget, reporting requirements and other necessary information, as set forth in Exhibit A and incorporated herein as part of this Contract, as such SOW may be modified from time to time as provided herein. 1.13. Subcontractor: An entity contracting directly or indirectly with a Party, or any Subcontractor thereof, to furnish services or materials as part of or directly related to such Party's Work obligations. 1.14. Work: The work authorized by SCE for the Program as set forth in this Contract and as more fully described in the SOW attached hereto as Exhibit A. 2. PURPOSE The Program is funded by California utility ratepayers and is administered by SCE under the auspices of the Commission. The purpose of this Contract is to authorize the expenditure of PGC fiends to Implementer for services performed pursuant to the terms of this Contract and to set forth the terms and conditions under which the Program will be implemented. The work authorized pursuant to this Contract is not to be performed for profit. The Program was designed in furtherance of California's Long-Term Energy Efficiency Strategic Plan adopted by the Commission in 2008 ( "Strategic Plan"). The Strategic Plan was formulated and developed through a collaborative effort among key stakeholders, including local governments, SCE and other California investor-owned utilities, and the Commission's Energy Division, and provides a strategic menu list of options that local governments can address during the 2010-2012 program cycle. The goal of the strategic plan menu is to present activities centered on energy efficiency and to address the "Big, Bold" strategies found in the Strategic Plan. The strategies are designed to embed and institutionalize energy efficiency in policies, programs, and processes within local governments. 3. AUTHORIZED WORD 3.1. Scope. The Work authorized under this Contract is set forth in the Statement of Work (Exhibit A) and shall be performed pursuant to the terms of this Contract. 3.2. Goals and Objectives. The Program is designed to meet the specific goals, objectives and milestones within the schedule and budget set forth in the Statement of Work (Exhibit A). 4. OBLIGATIONS OF PARTIES 4.1. General Obligations of Im 0ementer. 4.1.1. Implementer will appoint a Program representative ("Implementer Representative ") who will be the primary contact between SCE and Implementer, and who will be authorized to act on behalf of Implementer in carrying out its obligations under this Contract. Such appointment shall be communicated in writing to SCE's designated Contract Program Manager within ton (10) Business Days following execution of this Contract. 4.1.2. Implementer shall be responsible for achieving the goals and objectives and producing the deliverables as set forth in the Statement of Work. 4.1.3. Implementer shall perform its Work obligations within the Implementer Budget and in conformance with the schedule associated with such Work as set forth in the Statement of Work, and shall furnish the required labor, equipment and material with the degree of skill, care and professionalism that is required by current professional standards. 4.1.4. Implementer shall be primarily responsible for coordinating the preparation of all Program-related documents, including all required reporting of Implementer pursuant to Section 9, Implementer shall obtain the approval of SCE prior to usage of any SCE Program documents or other energy efficiency program documents or materials offered by SCE. 4.1.5. Upon reasonable request, Implementer shall submit to SCE all contracts, agreements or other requested documents with Implementer's Subcontractors performing Work for the Program. 4.2. General Obligations of SCE. 4.2.1. SCE will appoint a Program representative ( "SCE Representative" or "Contract Program Manager" ( "CPM ")) who will be the primary contact between SCE and Implementer, and who will be authorized to act on behalf of SCE in carrying out SCE's obligations under this Contract. 4.2.2. SCE shall administer the PGC fiends authorized by the Commission for the Program in accordance with this Contract. 5. MARKETING 5.1. Marketing Materials. Implementer shall obtain the approval of SCE when developing Program marketing materials and prior to distribution, publication, circulation, or dissemination in any way to the public by Implementer or by a Participating Municipality. In addition, all advertising, marketing or otherwise printed or reproduced material (including website material) used to implement, refer to or is in anyway related to the Program must contain the respective name and logo of SCE and, at a minimum, the following language: 71 ?.is Plogiam is Iunded by Califol-nia utilit3rlatepajrers and achninisteled bySouther1i Califbvnia Edison under the auspices of the Califiarnia Public Utilities Commission. 5.2. Outreach. Implementer shall obtain the approval of SCE prior to implementation by Implementer or a Participating Municipality, of any public outreach activities or campaigns for the Program (exhibits, displays, public presentations, canvassing, etc.), except to the extent such activities or campaigns have been approved in the Statement of Work.Any marketing materials used in connection with such outreach activity shall comply with all requirements of Section 6 of this Contract. 5.3. Use of SCE Name. Implementer must receive prior review and written approval from SCE for the use of SCE's name or logo on any marketing or other Program materials. Implementer shall allow five (5) Business Days for SCE review and approval. If Implementer has not received a response from SCE within the five (5) Business Day period, then it shall be deemed that SCE has disapproved such use. 5.4. Use of Commission's Name. No Party may use the name of the Commission on marketing materials for the Program without prior written approval from the Commission staff. In order to obtain this written approval, SCE must send a copy of the planned materials to the Commission requesting approval to use the Commission's name and/or logo. Notwithstanding the foregoing, the Parties shall disclose their source of funding for the Program by stating prominently on marketing materials that the Program is "funded by California ratepayers under the auspices of the California Public Utilities Commission." 6. CONTROL OF WORK 6.1 Coin liance with Work Schedule: Implementer shall perform the Work in compliance with the Work schedule set forth in the Statement of Work. If performance of the Work (including any task, or achievement of any goals or objectives outlined in the Statement of Work) is delayed beyond the schedule for any reason, or if Implementer is aware that such Work will be delayed for any reason, Implementer shall notify the SCE Representative within thirty (30) Business Days in writing. SCE may, in its sole discretion, accept the delay, reduce the Work and Implementer Budget accordingly, or terminate the Contract, within thirty (30) Business Days following receipt of such written notice of delay from Implementer. Failure of Implementer to notify SCE in writing of such delay in the Work schedule within thirty (30) Business Days shall constitute a breach of this Contract and SCE may exercise any of the remedies set forth in this Section or in Section 23. 6.2 Changes to Work: 6.2.1 Changes. Changes to the VVork including additions, reductions, and changes to any or all of the Work, must be mutually agreed upon in writing by SCE and the Implementer. Such changes may be made with a Change Order. The Implementer Budget and Work schedule shall be equitably adjusted, if required, to account for such changes and shall be set forth in a Change Order. 6,2,2 Authority To Shift Funds Or Modify: SCE, in its reasonable discretion or as directed by the CPUC, may reallocate fiends among the programs in its energy efficiency portfolio, or modify in any way the program, funding or Work. In the event that SCE elects to change or modify the funding, program or "fork, SCE shall provide Implementer shall be notified in writing and if applicable by a Change Order to this Contract. Such Change Order or notice will specify any changes to the Implementer's Scope of Work and may increase, decrease, or terminate overall program funding. as reasonable under the circumstances, including provision that Implementer shall in all cases be paid for Work performed and expenses incurred or committed in accordance with the Statement of Work through the effective date of the Change Order or notice. 6.3 Stop Work Procedures: SCE may suspend Implementer's Work at any time upon notice to Implementer for convenience or for cause, including, without limitation, program funding, program implementation or management, safety concerns, fraud or complaints. Implementer shall stop performing the Work immediately upon receipt of such notice. Implementer shall resume the Work only upon receiving written notice from SCE that it may do so. . 6.4 Key Personnel: Implementer shall deliver to SCE a list of Implementer's key personnel prior to commencing the Work. Any change to Implementer's key personnel shall be mutually agreed upon between SCE and SGVCOG; provided, however, that an unplanned personnel change shall be reported to the SCE Representative immediately. The Implementer shall designate a person that shall coordinate all Work and communicate regularly for the Implementer with the SCE Representative. Implementer shall promptly replace any key personnel if mutually agreed upon by the SCE Representative and Implementer, provided however, that this provision does not in any way require, endorse or approve (expressed or implied) the termination of employment by the Implementer of any employee replaced under the terms of this paragraph. 6.5 Subcontractors: Any Work subcontracted by Implementer shall be identified as such in the Contract and any Work subcontracted to an Implementer's affiliated entity shall be similarly specifically identified. For any subcontracted Work, the prior written approval of the SCE Representative shall be required for each Subcontractor, the activities to be performed, and the related charges. Implementer shall at all times be responsible for the Work, and for the acts and omissions of Subcontractors and persons directly or indirectly employed by them. Implementer shall be solely responsible and liable for ensuring that the terms and conditions of all subcontracts are in accordance with this Contract, including but not limited to all invoicing requirements. Any review or approval by SCE of a Subcontractor or a subcontract shall not relieve Implementer of its obligations hereunder. 6.6 Additional Instructions: If Implementer receives any verbal or written instructions for performance of Work from SCE personnel other than the SCE Representative, Implementer shall promptly reconfirm such instructions with the SCE Representative and request that a corresponding Change Order be issued as necessary. 6.7 Emergencies: In an emergency endangering life or property, Implementer shall: a) perform Work or such other services or work as is necessary to meet the emergency; and b) immediately notify SCE. 6.8 Drafts: Draft copies of required reports shall be submitted to the SCE Representative for review for contractual compliance and satisfaction of SCE's audit and reporting requirements, and good professional practices, comments, and approval, prior to the due date of such reports. 6.9 Inspection: SCE authorized representatives shall have the right of access to and inspection of Implementer's facilities and/or locations at reasonable times during regular business hours regarding performance of the Work. 6.10 Uncontrollable Forces: Implementer shall not be liable for delay in the Work Schedule or inability to perform the Work due to any cause beyond its reasonable control, such as strike, flood, fire, lightning, epidemic, quarantine restriction, war, sabotage, act of a public enemy, earthquake, , or critical material unavailability; provided that Implementer promptly notifies SCE in writing of the nature, cause, date of commencement, and expected impact of the event and has exercised due diligence in proceeding to meet the Work Schedule. SCE shall extend the Work Schedule for an equitable period due to such causes without any change in the Contract price. 7. FITNESS FOR DUTY /JOBSITE ACCESS REQUIREMENTS 7.1 Fitness for Duty: 7.1.1 Implementer and its Subcontractor personnel on a Jobsite: (i) Shall report for work in a manner fit to do their job; (ii) Shall not be under the influence of or in possession of any alcoholic beverages or of any controlled substance (except a controlled substance as prescribed by a physician for such person so long as the performance or safety of the Work is not affected thereby); and (iii) Shall not have been convicted of any serious criminal offense which, by its nature, may have a discernible adverse impact on the business or reputation of SCE. 7.12 Inspection* Searches by SCE authorized representatives may be made of lockers, storage areas, vehicles, persons or personal effects on SCE owned, or leased property at various times without prior announcement. Stich facility inspections may be conducted using detection dog teams to search work areas and other common areas in order to detect evidence of unlawful drug use or the presence of pyrotechnics, explosives, firearms, weapons, or facsimiles thereof, alcoholic beverages and illegal drugs ("Prohibited Items "). Prohibited Items must not be brought onto, or kept on, SCE property. 7.1.3 Compliance: Implementer shall advise its employees of the requirement of this Section 7.1 ("Fitness for Ditty Requirements ") before they enter on the Jobsite and shall immediately remove from the Jobsite any employee determined to be in violation of these requirements. Implementer shall impose these requirements on its Subcontractors. SCE may cancel the Contract if Implementer violates these Fitness for Duty Requirements. 7.2. JOBSITE ACCESS REQUIREMENTS 7.2.1 Notification of Convictions: During application for Jobsite access, and /or during the Work, Implementer shall immediately notify SCE whenever Implementer becomes aware of evidence that any Implementer's or its Subcontractors' employee, who has, or will have, Jobsite access, has been convicted of a serious criminal offense. 7.2.2 Visitor Badye Requirement: All visitors to a particular Jobsite must comply with that Jobsite's visitor access requirements, 7.3. Sexual Harassment: SCE supports a diverse work force and prohibits unlawful employment discrimination and harassment of every kind, including sexual harassment, in accordance with state and federal laws. Whenever present on SCE property or facilities, lmplementer shall require its employees, Subcontractors, agents to comply with all applicable federal and state statutes, acts, regulations, codes and standards prohibiting conduct that might reasonably be construed as violating state or federal equal opportunity laws, including conduct such as making sexually suggestive jokes or remarks, touching, assaulting, making gestures of a sexual or suggestive nature, and impeding or blocking any SCE employee's, subcontractor's or agent's movement. 8. DOUBLE DIPPING PROHIBITED If, in performing its respective Work obligations, Implementer engages contractors or vendors who provide incentives or services to SCE customers, Implementer shall take all appropriate steps to minimize double-dipping. As applicable: 8.1. Prior to providing incentives or services to any eligible customer, Implementer shall require its Subcontractors to obtain a signed form from such eligible customer stating that: 8.1.1. Such eligible customer has not received incentives or services for the same measure from any other SCE program or from another utility, state, or local program, and 8.1.2. Such eligible customer agrees not to apply for or receive Incentives or services for the same measure from any other SCE program or from another utility, state, or local program. Each Party shall keep its customer-signed forms for at least five (5) years after the expiration or termination of this Contract. 8.2. No Party shall knowingly provide an incentive to a Participating Municipality, or make payment to a Subcontractor, who is receiving compensation for the same product or service either through another ratepayer funded program, or through any other funding source. 9. REPORTING/EM &V 9.1. Reporting. The Parties shall implement all reporting requirements set forth in the Statement of Work, including Appendix A and B of the Statement of Work. The reporting requirements set forth in such Appendix B will be amended when issued by the Commission for the 2010-2012 Program cycle, and may be amended from time to time thereafter at the discretion of the Commission. Upon issuance by the Commission of revised reporting requirements for 2010-12 related to the Program, such Commission- approved reporting requirements shall replace the reporting requirements set forth in Appendix B of the Statement of Work in their entirety upon written notice to the Implementer, which notice shall include a copy of the revised Appendix B. 10. PANWENTSICOMMERCIAL TERMS 10.1. Implementer Budget. The Implementer Budget is set forth in the Statement of Work. Implementer shall not be entitled to compensation in excess of the Implementer Budget without a Change Order issued and signed by SCE. 10.2. Time and Material Basis. All Work will be performed on a time and material basis and subject to the following general provisions: 10.2.1. General Provisions. a. All charges shall be directly identifiable to, and required for the Work. b. Any charges for overtime shall require the prior written approval of the SCE Representative. Overtime rates shall be authorized and charged only for non-exempt personnel. C. Implementer shall complete the Work within the amount authorized by the Contract and in accordance with the Work Schedule. Implementer shall notify SCE's procurement agent responsible for the Contract and the SCE Representative at such time that it becomes reasonably apparent that the forecasted cumulative charges will exceed any amounts authorized by the Contract (whether by task, total amount of Contract, or both). Implementer shall not proceed with or be reimbursed for any Work performed, either beyond the effective period of the Contract, or exceeding the authorized amounts of the Contract, without a Change Order. 10.2.2 Labor Related Costs Under Time and Material Basis. Implementer shall invoice SCE at the fixed hourly rates for the applicable labor categories stated in the Contract for time spent directly engaged in performance of the Work by Implementer's employees. Such fixed hourly rates shall be inclusive of all of Implementer's overhead costs (including all taxes and insurance), administrative and general fees, and profit. 10.2.3 Invoices. Implementer shall submit monthly invoices for the costs incurred in the prior month and shall include a cost breakdown for each task identified in the Statement of Work. Each invoice shall include: 10.2.3.1 Status a. SCE's Contract number. b. Task Description. c. Cost incurred to date. d. Current monthly amount invoiced. e. Cumulative amount invoiced to date. £ Current monthly and cumulative amounts authorized, and justification for all variances between amounts authorized and incurred or invoiced. g, Statement of deliverables for the period. 10.2.3.2 Labor a. Dates worked. b. Personnel name, work hours and classification. c. Personnel Fixed rate. d. Description of Work performed by task. e. Completion of Appendix "C" of the Statement of Work. 10.2.3.3 Reimbursable expenses (pre-approved by SCE a. Material costs. b. Subcontract costs. c. Out-of-Pocket expenses. d. Travel costs. 102.4 Expenses. All reimbursable expenses (other than those specifically set forth in the SOW) shall be authorized by SCE in writings rior to the expenditure. Any expenses not so approved by SCE shall not be reimbursed. All expenses shall be charged at cost, without mark-up, and shall be necessary, reasonable and ordinary. 10.2.4.1 Material Costs. Material costs shall be substantiated with an invoice stating the unit price, quantity, and other information as required to identify the Work. 10.2.4.2 Subcontract Costs. Subcontracted Work shall be charged at the rates actually paid by Implementer, not to exceed the rates set forth in the Contract for Work by the Implementer. Implementer shall provide Subcontractor invoices for any Implementer invoice that includes Subcontractor costs. 102.4.3 Out-of-Pocket expenses. Miscellaneous costs such as telephone communications, routine copying, electronic mail, facsimiles, computer time and in-house technical software are deemed to be included in Implementer's overhead costs will not be reimbursed. 10.2.4.4 Travel Costs. Approved air travel costs shall in no case exceed economy or coach fare, whichever is reasonably available. Automobile travel from Implementer's office to the Jobsite and to SCE's general offices shall be paid at the fixed mileage rate stated in the Contract, or if not stated, at SCE's rate for SCE employees. 10.2.5 Final Invoice. The final invoice shall be marked "FINAL" and must be received by SCE within sixty (60) calendar days after completion of the Work. SCE shall not be liable for payment of any late invoices that are received by SCE beyond the 60 days. 10.2.6 Invoice Deficiencies. In the event SCE determines that Implementer s (or any of its subcontractors) invoices do not meet the invoicing requirements of the Contract, SCE will notify Implementer of the deficiencies and Implementer shall correct such deficiencies promptly. 10.2.7 Payment by SCE. SCE shall pay each correct invoice, submitted in accordance with the terms of the Contract, within thirty (30) days of SCE's receipt of the correct invoice in SCE's Accounts Payable Division. 10.2.8 Records. Implementer shall maintain, for a period of five (5) years after final payment, complete accounting records (and supporting documentation) of all invoiced costs. SCE reserves the right to audit and copy any applicable documents related to the Work hours, all costs and expenses invoiced, and task completion records. Each invoice shall list the number of the Contract covered by such invoice. 11. COMPLIANCE WITH LAW; PERMITS, STATUTES AND CODES 11.1. The Implementer shall comply with, and shall ensure that the Work shall comply with the applicable requirements of all statutes, acts, ordinances, regulations, codes, and standards of federal, state, local and foreign governments, and all agencies thereof. 11.2. Implementer shall conform to the applicable employment practices requirements of (Presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable regulations promulgated thereunder. 11.3 Implementer Policy for Web Accessibilit . To the extent required by law, if an Implementer currently hosts and manages a web site, on behalf of SCE, that contains public, customer-facing pages, content and /or transactions that is not already web accessible and compliant with Web Content Accessibility Guidelines version 2.0, Level AA (WCAG 2.0, Level AA), the Implementer must make updates to the web site pages, content and/or transactions to meet web accessibility compliance, unless Implementer is not required by law to comply. As such, and to the extent required by law, Implementers who plan to or currently host and maintain web sites that include web pages, content and/or transactions for SCE shall agree to the following terms regarding current and /or planned web sites unless Implementer is not required to do so by law: 11.3.1 All public facing web pages, transactions and content, including multi- media and interactive content and forms targeted for SCE customers, shall be made web accessible and meet the standards defined in WCAG 2.0, Level AA. Multimedia and interactive content within the scope of these terms include, and are not limited to, image files, video files, audio files, Flash movies and applications, Flex applications, Silverlight applications, functionality developed with AMAX and /or any other interactive technology not otherwise specified but utilized to serve up information and /or transactions on the web. 11.3.2 Attachments that are posted on a web page for download must also be made web accessible. Attachments include, and are not limited to, Adobe Acrobat PDF files, Microsoft Office files, or any other type of file intended for a customer to download and review offline. An exception may be allowed only if the content contained within the download is already offered on the web site in a web accessible format, and the downloadable attachment is duplicative to the content or transaction displayed on web pages. Such exceptions must be documented and requested by the Implementer, agreed upon by both Implementer and SCE, and granted by SCE prior to declaring any attachment exempt from web accessibility compliance. 11.3.3 Implementers must include compliance with WCAG 2.0, Level AA guidelines as part of the base system requirements for any work completed for SCE. Implementers are responsible for testing proposed web pages, content and/or transactions, and confirming compliance with WCAG 2.0 Level AA guidelines. Proof of testing may be documented in the form of test plans, test scripts, test results, and/or web accessibility audits (performed by the Implementer itself or an external party). SCE may, at any time, request for such documentation to confirm that testing was completed and that the published web page, content and/or transaction satisfies web accessibility compliance with WCAG 2.0, Level AA. 11.3.4 Upon deployment (i.e. publication for external consumption) of web accessible pages, content and/or transactions, Implementer must, to the best of its abilities, maintain compliance with WCAG 2.0, Level AA for as long as the web pages, content and /or transactions are made publicly available on the third-party hosted web site'. 11.3.4.1 If Implementer must edit, enhance, modify, or update web pages, content and /or transactions, Implementer agrees to (re- )test for web accessibility compliance, and document test results to prove that said content continues to maintain web accessibility compliance. SCE may, at any time, request for such documentation to confirm that testing was completed and that the published web page, content and/or transaction satisfies web accessibility compliance with WCAG 2.0, Level AA. 11.3.4.2 On a periodic basis, SCE may perform audits on the third - party hosted site to assess web accessibility compliance. Audits may be completed by manual evaluation or through the use of an automated testing tool. If SCE identifies any content that was previously communicated as being compliant but is subsequently found to be in violation, 1) SCE will identify, in writing, the specific web page, content or transaction form where the violation is found, the specific WCAG 2.0, Level AA guideline that has been violated, and what the specific violation is determined to be; 2) Implementer agrees to correct the item(s) in violation on its own accord, with no cost impact to SCE, in a timeframe that both SCE and Implementer agree to, not to exceed 30 calendar days. 11.3.4.3 SCE requires an annual web accessibility audit of SCE's web properties by an independent auditor. Any part or all pages of a third-party hosted web site may be included in the annual audit. If the independent auditor identifies any web page, content or transaction that was previously communicated as being compliant but is subsequently found to be in violation, 1) Auditor will identify, in writing, the specific web page content or transaction form where the violation is found, the specific WCAG 2.0, Level AA guideline that has been violated, and what the specific violation is determined to be; 2) SCE shall provide Implementer with audit report, 3) Implementer agrees to correct the item(s) in violation on its own accord, with no cost impact to SCE, in a tinieframe that both SCE and Implementer agree to, not to exceed 30 calendar days. 11. 3.5 If an existing third-party hosted web site utilizes a commercial off-the- shelf third-party software package to deliver any type of functionality that is customer-facing, the Implementer must work with the software manufacturer to determine whether the software produces web - accessible pages, content and/or transactions, 11.3.5.1 If the software manufacturer is unable to provide a product that produces web pages, content and /or transactions that meet WCAG 2.0, Level AA guidelines, the Implementer shall request the software manufacturer to produce such limitations in writing (i.e. in the form of product specifications, formal response from software manufacturer's technical support) and subsequently provide such documentation to SCE. 113.5.2 If the software manufacturer is unable to provide a product that produces web pages, content and /or transactions that meet WCAG 2.0, Level AA guidelines, the Implementer agrees to pursue, in good faith, an alternate product that can provide equivalent functionality and satisfy WCAG 2.0, Level AA web accessibility compliance requirements. 11.3,6 If an Implementer plans to utilize a commercial off-the-shelf third - party software package to deliver any type of functionality that is customer-facing for a future web site, the Implementer agrees to pursue, in good faith, a product that can meet the desired business functionality requirements and WCAG 2.0, Level AA web accessibility compliance requirements. 11.3.6.1 If the Implementer is unable to locate a product that meets both business functionality requirements and web accessibility compliance requirements, the Implementer must communicate such limitations, in writing, and justify the software selection choice. Implementer shall also request the software manufacturer of desired product to produce such limitations in writing (i.e. in the form of product specifications, formal response from software manufacturer's technical support) and subsequently provide such documentation to SCE. SCE shall reserve final decision- making authority to approve the usage of such software to deliver desired business functionality.] 12. INDEMNITY /CONSEQUENTIAL DAMAGES 12.1. Indemnity. Implementer shall indemnify, defend and hold harmless SCE, and its respective successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the extent arising from (a) any act or omission of Implementer, its Subcontractors, or any of their respective employees, officers and agents, relating to this Contract, or (b) Implementer's breach of this Contract or of any representation or warranty of Implementer contained in this Contract. 12.2. NO CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF OR UNDER-UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, COST OF REPLACEMENT POWER OR CLAIMS FROM CUSTOMERS, RESULTING FROM A PARTY'S PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS HEREUNDER, OR IN THE EVENT OF SUSPENSION OF THE WORD OR TERMINATION OF THIS CONTRACT. 13. DEVELOPMENTS/PROPRIETARY RIGHTS 13.1. Ownership. The Parties acknowledge and agree that SCE, on behalf of its customers, shall own all deliverables, data, reports, information, manuals, computer programs, works of authorship, designs or improvements of equipment, tools or processes (collectively "Developments ") or other written, recorded, photographic or visual materials, intellectual property, inventions and trade secrets and all deliverables produced in the performance of this Contract, whether proprietary or non-proprietary; provided, however, that Developments do not include software, equipment or infrastructure purchased for research, development, education or demonstration related to energy efficiency. Although Implementer shall retain no ownership, interest, or title in the Developments except as may otherwise be provided in this Contract, it will have a permanent, royalty free, non-exclusive license to use such Developments. 13.2. Risk of Loss. Implementer shall have risk of loss of or damage to the undelivered Developments until completion of the Work. 13.3. Infringement. 13.3.1.Iznplementer represents and warrants that the Work performed by Implementer and/or its Subcontractors shall be free of any claim of trade secret, trade mark, trade name, copyright, or patent infringement or other violations of any proprietary rights of any person. 13.3.2. Implementer shall defend, indemnify and hold harmless, SCE, its officers, agents, employees, successors and assigns from and against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs including reasonable attorney's fees and expenses arising out of any claim, demand, or charge that use of the Work or Developments infringe upon any trade secret, trademark, trade name, copyright, patent, or other intellectual property rights. 14. INSURANCE 14.1. Implementer will maintain, and shall require its Subcontractors to maintain, the following insurance coverage or self insurance coverage, at all times during the term of this Contract, with companies having an A.M. Best rating of "A-, VII" or better, or equivalent: 14.1.1. If applicable, Workers' Compensation: statutory minimum. 14.1.2. Employer's Liability coverage: $1 million minimum. 14.1.3. Commercial General Liability: $2 million minimum per occurrence /$4 million minimum aggregate. Such insurances shall acknowledge SCE, its officers, agents and employees as additional insureds, be primary for all purposes with respect to the Implomenter's performance under this contract, contain standard cross - liability or severability of interest provisions, and waive all rights of subrogation against SCE its officers, agents, employees and other contractors or Subcontractors. 14.1.4. Commercial or Business Auto: $1 million minimum. Such insurance shall acknowledge SCE, its officers, agents and employees as additional insureds and be primary for all purposes. 14.1.5. Professional Liability (if applicable): $1 million minimum. 14.2. Evidence of Insurance. Upon request at any time during the term of this Contract, Implementer shall provide evidence that its insurance policies and the insurance policies of any Subcontractor, as provided in this Section are in full force and effect, and provide the coverage and limits of insurance that Implementer has represented and warranted herein to maintain at all times during the term of this Contract. 14.3. Self Insurance. If Implementer is self-insured, it shall upon request forward documentation to SCE that demonstrates to SCE's satisfaction that Implementer self-insures as a matter of normal business practice before commencing the Work. SCE will accept reasonable proof of self - insurance comparable to the above requirements. 14.4. Notice of Claims. Implementer shall immediately report to SCE, and promptly thereafter confirm in writing, the occurrence of any injury, loss or damage incurred by Implementer or its Subcontractors or their receipt of notice or knowledge of any claim by a third party of any occurrence that might give rise to such a claim. 14.5. Insurance Indemnification. If Implementer fails to comply with any of the provisions of this Section, "INSURANCE ", or any insurance requirements in the Contract, Implementer shall, at its own cost, defend, indemnify, and hold harmless SCE, its affiliates and their officers, directors, agents, employees, assigns, and successors in interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs, including attorney's fees and expenses, or any of them, arising out of or in connection with the performance or non-performance of the Work by Implementer or any Subcontractor, or their officers, directors, employees or agents to the extent that SCE would have been protected had Implementer complied with all of the provisions of this Section. 15. CUSTOMER CONFIDENTIALITY REQUIREMENTS 15.1. Non-Disclosure. Implementer, its employees, agents and Subcontractors shall not disclose any Confidential Customer Information (defined below) to any third party during the term of this Contract or after its completion, without Implementer having obtained the prior written consent of SCE, except as provided by law, lawful court order or subpoena and provided Implementer gives SCE advance written notice of such order or subpoena. Notwithstanding any other provisions in the Contract, Implementer's nondisclosure obligations with respect to SCE Confidential Customer Information shall survive any expiration or termination of the Contract in perpetuity. 15.2, Confidential Customer Information. "Confidential Customer Information" includes, but is not limited to, an SCE customer's name, address, telephone number, account number and all billing and usage information, as well as any SCE customer's information that is marked "confidential ". If Implementer is uncertain whether any information should be considered Confidential Customer Information, Implementer shall contact SCE prior to disclosing the customer information. 15.3. Non-Disclosure Agreement. Prior to any approved disclosure of Confidential Customer Information, SCE may require Implementer to enter into a nondisclosure agreement. 15.4. Commission Proceedings. This provision does not prohibit Implementer from disclosing non confidential information concerning the Work to the Commission in any Commission proceeding, or any Corn in ission-sanctioned meeting or proceeding or other public forum. 15.5. Return of Confidential Information. Confidential Customer Information (including all copies, backups and abstracts thereof] provided to Implementer by SCE, and any and all documents and materials containing such Confidential Customer Information or produced by Implementer based on such Confidential Customer Information (including all copies, backups and abstracts thereof], during the performance of this Contract shall be returned upon written request by SCE. 15.6. Remedies. The Parties acknowledge that Confidential Customer Information is valuable and unique, and that damages would be an inadequate remedy for breach of this Section 15 and the obligations of the Parties are specifically enforceable. Accordingly, the Parties agree that in the event of a breach or threatened breach of this Section 15 by Implementer, SCE shall be entitled to seek and obtain an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy. 16. SECURITY INCIDENT PROVISIONS 16.1. SCE Personal Information. 16, 1.1. Definition. SCE Personal Information is defined as any information in the possession or under the control of SCE or any of its affiliates, or that is furnished or made available by SCE or any of its affiliates to Implementer, that identifies, relates to, describes, or is capable of being associated with, any particular individual (whether SCE employee, customer, or otherwise), including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, medical information or health insurance information, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. 16.2. Nondisclosure of SCE Personal Information. Implementer, its employees, agents and Subcontractors shall not disclose any SCE Personal Information (defined above) to any third party during the terns of this Contract or after its completion, without Implomenter having obtained the prior written consent of SCE, except as provided by law, lawful court order or subpoena and provided Implementer gives SCE advance written notice of such order or subpoena. 16.2.1. Notwithstanding any other provision in the Contract or Contract, Implementer's nondisclosure obligations with respect to SCE Personal Information shall survive any expiration or termination of the Contract in perpetuity. Upon the expiration or termination of the Contract, or at any time upon request of SCE, all SCE Personal Information in any medium, including all copies or parts thereof, shall be returned to SCE or destroyed, except that Implementer may retain one copy of any materials prepared by Implementer containing or reflecting SCE Personal Information if necessary for compliance with its internal record-keeping or duality assurance requirements only. If destroyed, such destruction shall be certified in writing by Implementer. 16.3. Security Incidents. This section shall apply only to the extent Implementer is in possession or control of SCE Personal Information or SCE Confidential Customer Information. 16.2.1 Security Incident Response Plan. Implementer shall develop, implement and maintain a written plan and process for preventing, detecting, identifying, reporting, tracking and remediating Security Incidents ("Security Incident Response Plan" or "SIRP "). A Security Incident shall mean an event or set of circumstances that results in a reasonable expectation of a compromise of the security, confidentiality or integrity of SCE data or information under the Implementer's control. Examples of Security Incidents include are but not limited to: (i) Security breaches to Implementer's network perimeter or to internal applications resulting in potential compromise of SCE data or information. (ii) Loss of physical devices or media, e.g., laptops, portable media, paper files, etc., containing SCE data. (iii) Lapses in, or degradation of, Implementer's security controls, methods, processes or procedures. (iv) The unauthorized disclosure of SCE data or information. (v) Any and all incidents adversely affecting SCE's or its affiliates', as the case may be, information assets. 16.2.2 SIRP General Requirements. Implementer's SIRP will include Security Incident handling and response procedures, specific contacts in an event of a Security Incident, the contacts' roles and responsibilities, and their plans to notify SCE or its affiliates, as the case may be, concerning the Security Incident. The SIRP must be based on and meet all requirements of the following: 16.2.2.1 U.S. federal and applicable state laws, statutes and regulations concerning the custody, care and integrity of data and information. In particular and without limitation, Implementer shall ensure that its SIRP and its business practices in performing work on behalf of SCE comply with California's Information Practices Act of 1977, California Civil Code §§ 1798.80 et seq., which addresses among other things the provision of notice to SCE or its affiliates, as the case may be, of any breach of the security of SCE Personal Information if it is reasonably believed to have been acquired by an unauthorized person. 16.2.2.2 SCE information management and information security policies and procedures as made available to Implementer from time to time ( "SCE Policies and Procedures "), including without limitation ITS-445 "Standards for Information Security Response — Third Parties." 16.2.3 Implementer Response to Security Incident. The following will apply in the event of a Security Incident: 162.3.1 Implementer will submit a Security Incident Report (SIR) to SCE's or its affiliates', as the case may be, IT Help Desk or IT Operations Center ( "ITOC ") in accordance with SCE Policies and Procedures including ITS-445, and applicable law. The SIR shall be given promptly upon discovery of an SI and in any event not more than four (4) hours after discovery of a suspected SI, or sooner if required by law, statute or regulation. If additional time is required under the circumstances of the SI to ascertain the nature or extent of the SI, to stabilize the Computing System or to ensure the integrity of SCE's or its affiliates', as the case may be, data and information, then Implementer shall promptly notify SCE or its affiliates, as the case may be, in writing of the existence of an SI initially, and keep SCE or its affiliates, as the case may be, informed of developments and new information. 16.2.3.2 At SCE's or its affiliates', as the case may be, request, Implementer will meet with SCE or its affiliates, as the case may be, to discuss the cause of the Security Incident, Implementer's response, lessons learned and potential improvements to Implementer's system security processes and procedures. 16.2.4 Compromise of SCE Personal Information. 16.2.41 Additional SIRP Requirements for Personal Information. With respect to any SCE Personal Information in the possession or under the control of Implementer, to protect SCE Personal Information from unauthorized access, destruction, use, modification or disclosure, Implementer shall: (a) Develop, implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect SCE Personal Information from unauthorized access, destruction, use, modification, or disclosure. (b) Develop, implement and maintain data privacy and security programs with administrative, technical, and physical safeguards appropriate to the size and complexity of the Implementer's business and the nature and scope of Implementer's activities to protect SCE Personal Information from unauthorized access, destruction, use, modification, or disclosure. 16.2.4,2 Notice Requirements for Personal Information. In the event of a Security Incident where SCE Personal Information vas, or is reasonably believed to have been, acquired by an unauthorized person, Implementer shall immediately provide the SIR required by Section 16.2.3. Such SIR shall state that SCE Personal Information may be involved, and shall describe the suspected nature of such SCE Personal Information. 16.2.5 SIRP Review. At SCE's or its affiliates', as the case may be, request, Implementer shall review the SIRP at least annually with SCE's or its affiliates', as the case may be, designated representatives to identify updates, changes or potential improvements; and a process to document these changes within ninety (90) days of any such changes. 16.2.6 Document Retention. Implementer shall maintain all documentation relating to Security Incidents, whether in written or electronic form, including without limitation, their identification, processing and resolution, for two (2) years after final resolution of the Security Incident, including the final resolution of all claims arising out of the Security Incident. 16.3 Implementer shall ensure that its employees, agents and contractors that perform services for Provider in connection with the Contract are informed of and comply with these Security Incident provisions. 17. CONFLICT OF INTEREST Implementer affirms that, to the best of its knowledge, there is no actual or potential conflict of interest between Implementer, its employees or their families, Subcontractors, or business interests, and SCE. Implementer shall not hire any SCE employee or employee's spouse to perform any part of the Work. Implementer further affirms that it has set forth in its proposal for the Work: (i) all situations in which Implementer or an affiliated entity of Implementer has been or currently is an SCE Implementer, contractor, or employee; (ii) all situations in which Implementer or an affiliated entity of Implementer has been or currently is in a joint venture arrangement or licensing relationship with SCE (other than an Energy Leader Partnership); and (iii) any affiliated entity to which Implementer intends to subcontract any part of the Work. Implementer shall update such affirmations to SCE during performance of the Work within thirty (30) days following any change thereto. 18. TIME IS OF THE ESSENCE Implementer hereby acknowledges that time is of the essence in performing their obligations under this Contract. Failure to comply with milestones and goals stated in this Contract, including but not limited to those set forth in Exhibit A of this Contract, may constitute a material breach of this Contract, resulting in its termination, payments being withheld, Implementer Budgets being reduced or adjusted, funding redirected by SCE to other programs or partners, or other Program modifications as determined by SCE or as directed by the Commission. All Work must be performed and completed by October 15, 2012. 19. IMPLEMENTER DISPUTES Any unresolved disputes between Implementer and SCE shall be referred to an SCE management representative and an officer of Implementer for resolution, Pending resolution, Implementer shall continue to perform the Work as directed by the SCE Representative, and SCE shall continue to make payments for the undisputed items. 20. RIGHT TO AUDIT SCE and the Commission shall have the right to audit Implementer as set forth in this section at any time daring the term of this Contract and for five (5) years thereafter. An audit may include, but is not limited to, a review of Implementer's financial records relating to the Work, program implementation procedures, program marketing material, program implementation documents, field audits of Implementer employees or Subcontractors, energy efficiency savings provided by the program, funds spent to date, information relating to the substantiation of program expenditures, incentives paid to date, customers given incentives to date, lists of employees and respective duties, lists of Subcontractors and their respective responsibilities or service provided. SCE may, in its sole discretion and at any time, request information or data relating to the program, Work or this Contract, and implementer shall provide such information in the format and within the time requested by SCE, provided that reasonable notice given to Implementer to allow Implementer sufficient time to gather the information requested to be audited and for the audit to be performed at a time mutually convenient to both parties. Nothing in this provision shall limit the type, format or frequency of such requests by SCE. 21. MODIFICATIONS Except as otherwise provided in this Contract, changes to this Contract shall be only be valid through a written amendment/Change Order to this Contract signed by both Parties. 22. TERM This Contract shall be effective as of the Effective Date. Unless otherwise terminated in accordance with the provisions of Section 23 below, this Contract shall terminate at midnight November 31, 2012; provided however, that all Work and services shall be completed by the dates specified in the Statement of Work. 23. TERMINATION OR CANCELLATION 23.1. CPUC Authority To Modify: The Work and program under which the Work is authorized herein shall at all times be subject to the discretion of the California Public Utilities Commission (CPUC), including, but not limited to, review and modifications, excusing performance hereunder, or termination as the CPUC may direct from time to time in the reasonable exercise of its jurisdiction. 23.2. Termination for Convenience: Notwithstanding any other provisions of the Contract, SCE shall have the unilateral right to terminate the Work, or any portion thereof, or the Contract by the issuance of a Change Order, which shall not require Implementer's acceptance. Such Change Order shall be sent by personal delivery to Implementer at least five (5) Business Days prior to the date of termination. Subject to the provisions of Section 23.3 and 23.4 hereof, SCE shall complete the payments for all Work performed by Implementer and its Subcontractors up to the date of termination. Implementer will notify its Subcontractors to cease Work immediately upon receipt of the Change Order. SCE, at its option, may take possession of any Material paid for by SCE. The provisions of this Section 232 shall be Implementer's sole remedy resulting from such termination. 23.3. Cancellation for Default. In the event of. Q) the breach of or failure of Implementer to perform any of its material obligations under the Contract including, but not limited to, failure to complete the Work on time or failure to make satisfactory progress or persistent failure to pay labor and material claims; (ii) the failure of Implementer to give SCE adequate assurance of performance within ten working days after written demand by SCE therefore when reasonable grounds for insecurity arise; or (iii) the insolvency, bankruptcy or receivership of Implementer, then SCE may (a) withhold payment of any further monies which may be due Implementer until such condition is cured, and/or (b) declare Implementer to be in default of the Contract and notify Implementer in writing of such declaration and shall be entitled to cancel the Contract in whole or in part effective immediately upon written notice thereof. Any cancellation pursuant to this Section 23.3 shall not be deemed a "termination" for the purposes of Section 23.2 hereof. In the event of such cancellation, Implementer shall immediately stop VL'ork and surrender to SCE's possession, complete and incomplete Documentation and other Information, Material, control and use of the Jobsite and all Implementer and SCE - owned equipment, facilities, and all other items which SCE may deem necessary or appropriate until the Work is completed. Implementer shall assign to SCE the outstanding subcontracts and Contracts as requested by the SCE Representative for such completion. SCE shall have the right to provide, or contract for, all additional labor, Material, and any other items which it may deem necessary to complete the Work. If the total of all expenses reasonably incurred by SCE to complete the Work is greater than the sum which would have been payable under the Contract if Implementer had completed the Work without default, the difference shall constitute a claim against Implementer. Such claim shall be due and payable within ten (10) working days after presentation of the claim. Additionally, SCE shall have the right to pursue other remedies afforded by law, 23.4 Delivery of Materials: Without limiting the effect of the provisions of Sections 15 and 23.3 hereof, upon receipt of notice of termination or cancellation under this Section 23, Implementer shall immediately deliver to SCE all complete and incomplete Documentation, and all Material. If, at the time of termination or cancellation further sums are due Implementer, Implementer shall not be entitled to the sums until all Documentation and all Material required to be delivered to SCE are delivered. 23.5 Cessation of Work: Upon receipt of notice of termination or cancellation for any reason, Implementer shall promptly cease all Work except for additional Work that SCE may, in its discretion, request Implementer to perform. Additional Work shall be performed in compliance with the terms of the Contract. 24. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Contract, shall be deemed properly given if delivered in person or sent by facsimile, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: Implementer; SCE: [name of Implementer] Southern California Edison [name of Implementer Representative] [name of SCE Representative] [mailing address] [mailing address] Notices shall be deemed received (a) if personally or hand-delivered, Upon the date of delivery to the address of the person to receive such notice if delivered before 5.00 p.m., or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Party; or (d) if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next-day delivery. 25. INDEPENDENT CONTRACTOR Implementer is and will perform the work as an independent contractor for SCE. Nothing in this Contract shall be construed so as to render Implementer an employee, agent, representative, joint venturer or partner of SCE for purposes of carrying out this Contract. Implementer shall not enter into any contracts, agreements or other obligations with any other parties which bind, or are intended to bind, SCE without first receiving express written authorization from SCE. SCE and Implementer shall each maintain sole and exclusive control over its respective personnel and operations. 26. BENEFIT TO SCE CUSTOMERS Ratepayer funded programs must directly benefit customers in the service territory from which the funds are collected. The energy efficiency program implemented pursuant to this Purchase Order is funded in whole or in part by fiends collected from SCE's customers for public purpose programs, and therefore must directly benefit SCE's customers. PGC Funds are defined as those certain fiends collected from electric utility ratepayers pursuant to Section 381 of the California Public Utilities Code for public purpose programs, including energy efficiency programs approved by the CPUC. 27. ENVIRONMENTAL, HEALTH & SAFETY REQUIREMENTS The "Southern California Edison ENVIRONMENTAL, HEALTH & SAFETY HANDBOOK FOR CONTRACTORS ", dated January 10, 2010, is hereby incorporated by reference into this Contract. Implementer shall immediately notify the SCE Representative if Implementer is unable to meet ANY of the requirements set forth therein. SCE may cancel this Contract if Implementer fails to meet the requirements set forth in this Handbook. Such cancellation shall not be deemed a termination under the termination provisions of this Contract. 28. NON-DISCRIMINATION CLAUSE No Party shall unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave, Each Party shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment, and shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a)• (f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a)- (f , set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Each Party represents and warrants that it shall include the substance of the nondiscrimination and compliance provisions of this clause in all subcontracts for its Work obligations. 29. NON - DISCRIMINATION CLAUSE None of the provisions of this Contract shall be considered waived by either Party unless such waiver is specifically stated in writing. 30. ASSIGNMENT No Party shall assign this Contract or any part or interest thereof, without the prior written consent of the other Party, and any assignment without such consent shall be void and of no effect. Notwithstanding the foregoing, if SCE is requested or required by the Commission to assign its rights and/or delegate its duties hereunder, in whole or in part, such assignment or delegation shall not require Implementer's consent and SCE shall be released from all obligations hereunder arising after the effective date of such assignment, both as principal and as surety. 31. SEVERABILITY In the event that any of the terms, covenants or conditions of this Contract, or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court, regulatory agency, or other regulatory body having jurisdiction, all other terms, covenants, or conditions of this Contract and their application shall not be affected thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other regulatory body holds that the provisions are not separable from all other provisions of this Contract. 32. GOVERNING LAW; VENUE This Contract shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. Any action brought to enforce or interpret this Contract shall be filed in Los Angeles County, California. 33. SECTION HEADINGS Section headings appearing in this Contract are for convenience only and shall not be construed as interpretations of text. 34. SURVIVAL Notwithstanding completion or termination of this Contract, the Parties shall continue to be bound by the provisions of this Contract which by their nature survive such completion or termination. 35. ATTORNEYS' FEES Except as otherwise provided herein, in the event of any legal action or other proceeding between the Parties arising out of this Contract or the transactions contemplated herein, each Party in such legal action or proceeding shall bear its own costs and expenses incurred therein, including reasonable attorneys' fees. 36. PRIOR WORK. In the event that Implementer performs any Work authorized by SCE but prior to the execution of this Contract, then such prior Work shall be considered performed subject to the provisions of this Contract. 37. ENTIRE AGREEMENT This Contract (including all of the Exhibits and attachments hereto which are incorporated into this Contract by reference) contains the entire agreement and understanding between the Parties with respect to the Program and merges and supersedes all prior agreements, representations and discussions pertaining to the subject matter of this Contract. 38. COUNTERPARTS. This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument. [SIGNATURE PAGE I+OLLOWSI: SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto Have caused this Contract to be executed by their duly authorized representatives, IMPLEMENTER [INSERT NAME OF IMPLEMENTER] By: Title SCE: SOUTHERN CALIFORNIA EDISON By: Lynda Ziegler Title: Senior Vice President, Customer ,Service EXHIBIT A STATEMENT OF WORK with Appendices A-C SGVCOG- V4.8 TABLE OF CONTENTS SECTION 1: PROGRAM DESCRIPTION ............................................... ............................... 2 SECTION2: OBJECTIVES ................................................................. ............................... 4 SECTION 3: GENERAL REQUIREMENTS ............................................. ............................... 4 SECTION 4: SCHEDULE OR TASKS DELAYS ....................................... ............................... 4 SECTION 5: STATEMENT OF WORK .................................................. ............................... 4 Task1 - Program Ramp -up .................................................................... ............................... 5 Task2 - Strategic Plan Goal 3 ................................................................ ............................... 5 Task 2.A - Install Enterprise Energy Mgmt Information System .......................... 5 Task 2.13 - Develop a Regional Framework and Energy Efficiency Chapter in the Climate Action Plan for Each City ................................................... ............................... S Task 3 -- Invoicing and Reporting ........................................................ ............................... 12 Task 4 - Ramp -Down and Shut -Dawn Program .................................. ............................... 14 Task 5- Submit Final Program Report ................................................. ............................... 14 SECTION6: PAYMENT. ........................................................................... ..................... 15 SECTION 7: PERFORMANCE INDICATORS ........................................ ............................... 16 Appendix A: Monthly Invoicing and Reporting Requirements ...... ............................... 17 Appendix B: Regulatory Reporting Requirements ........................... ............................... 19 Appendix C: Billing Schedule ......................................................... ............................... 24 TABLE S Table 1: Implementer T &M Fully Burdened Hourly Billing Rate .......... ............................... 15 Table 2: implementers Budget Breakdown ............................................. ............................... 16 Southern California Edison Company Page: 1 SGVCOG- V4.8 Statement of Work PROGRAM IMPLEMENTER: SAN GABRIEL VALLLY COUNCIL or GOVERNMENTS (" SGVCOG ") PROGRAM NAME: SGVCOG's STRATEGIC PLAN STRATEGY (S) PROGRAM BUDGET: $4,676,228 SECTION 1: PROGRAM DESCRIPTION A. Program Background: Pursuant to Decision 09 -09 -047, the CPUC authorized Southern California Edison ( "SCE ") to conduct strategic plan activities Centered on energy efficiency and addressing the "Big, Bold" strategies and related local government goals found in the CPUC's California's Long -Term Energy Efficiency Strategic Plan ( "CEESP ")'. Based on this authorization, SCE conducted a solicitation seeking to fiend activities that would lead to long -term, sustainable changes as opposed to supporting staffing resources or short -term initiatives that would cease to exist once the funding had ended. One of the selected programs in this solicitation is SGVCOG's Strategic Plan Strategy(s) ( "Program ") which promotes long -term energy efficiency and climate action activities. The Program will be implemented by the San Gabriel Valley Council of Governments ( "Implementer "). The Implementer is a Joint Powers Authority formed in 1994 under California's Joint Powers Law to address issues of Sail Gabriel Valley -wide significance and brings together thirty -one cities, and portions of unincorporated areas of Los Angeles, and the valley's three water agencies to work on a variety of projects important to the Sail Gabriel Valley. The Implementer will implement the Program to integrate long -term energy efficiency and climate action planning for local governments in the San Gabriel Valley. The Implementer will perform the tasks required in order to meet the objectives of the CEESP while utilizing the following CEESP Goal 3: Local governments lead by example with their own facilities and energy usage practices. B. Defined Terms: Capitalized terms not otherwise defined in this Statement of Work ( "SOW ") will have the meaning ascribed to them in the Contract, which is attached to the SOW and incorporated herein by reference. 1. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 2. Calendar Day: The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. 1 Please go to wy v%v.californiaenergyefficieticy .coin for a copy of the CEESP. Southern Calffbiwia Edison Company Page: 2 SGVCOG- V4.8 3. Calendar Month: Tile last calendar day in the month. 4. Change Order: Document SCE issues to Implementer and, unless otherwise provided in the Contract, Implementer accepts, and which changes or modifies the terms of the Contract. 5. Contract: Document issued by SCE to Implementer, as may be amended in writing as provided therein, which authorizes the Work, states the terms and conditions and incorporates by reference the Statement of Work and any other referenced documents, if applicable, all of which form the agreement (Contract) between SCE and the Implementer, with the following priority in the event of conflicting provisions: Change Orders, from the most recent to the earliest; the Statement of Work; the Contract; and any other referenced documents, and which facilitates payment to the Implementer for the Work described herein. 6. Contract Program Manager or CPM: The SCE Representative who will manage the Program. 7. CPUC: The California Public Utilities Commission. 8. EE MIS Procurement Agreement: Agreement between the County of Los Angeles and the Participating Municipalities that allows the Participating Municipalities access to LA County's Enterprise Energy Management System ( "EEMIS "). 9. Participating Municipalities: Includes twenty -eight participating cities (Alhambra, Arcadia, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte, El Monte, Glendora, Irwindale, La Canada- Flintridge, La Puente, La Verne, Monrovia, Montebello, Monterey Park, Pomona, Rosemead, San Dimas, Sail Gabriel, San Marino, Sierra Madre, South El Monte, South Pasadena, Temple City, Walnut, and West Covina). The Participating Municipalities may not participate in each Task. 10. Performance Indicators: Specific, measureable, actionable, realistic and time - specifrc requirements that will directly and measurably contribute to SCE's business goals for the Contract. 11. SCE Representative: The CPM or such other representative authorized by SCE to manage this Program. 12. Subcontractor-: An entity contracting directly or indirectly with Implementer to furnish services or materials as part of or directly related to Implementer's Work. Subcontractor may also include any Participating Municipality. 13. Title 24: California Code of Regulations (CCR), Title 24, also known as the California Building Standards Code (composed of 12 parts). Title 24, Part 6 sets forth California's energy efficiency standards for residential and nonresidential buildings and was established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are updated periodically to allow Southern California Edison Company Page: 3 SGVCOG- V4.8 consideration and possible incorporation of new energy efficiency technologies and methods. Title 24, Part 6 is the focus of the Work under this Contract. 14. Work: Any and all obligations of Implementer to be performed for the Implementer pursuant to and during the term of the Contract, any revision to the Contract, or a subsequent Contract or Contracts, and Addendum incorporating this Statement of Work. The Work will include, but may not be limited to, the tasks described in Section 5 of this Statement of Work. SECTION 2: OBJECTIVES Through the Program, the Implementer will develop educational and training tools and strategic plans to facilitate meeting of the goals outlined in AB 32 or the Global Warming Solutions Ace by the Participating Cities. SECTION 3: GENERAL REQUIREMENTS A. Notice to Proceed ("NTP "): Implementer may start Work only upon the occurrence of each of the following: 1. Implementer receives the Contract; 2. Implementer provides to the CPM a signed acknowledgement form of the Contract; and 3. CPM provides to Implementer written approval to proceed. B. Goals: The primary goal of the Program is to achieve the objectives and Performance Indicators set forth herein, in the time frame herein. SCE will regularly review the implementation schedule (milestones, delivery dates, etc.) contained herein against actual Work performed by Implementer to assess the Program's progress. SECTION 4: SCHEDULE OR TASKS DELAYS If the schedule or a task (including achievement of goals as outlined herein) is delayed for any reason, Implementer has the responsibility to notify the CPM in writing within thirty (30) Business Days. SCE may accept the delay, allow time for the remedy of the delay, reduce both the budget and the Work, or terminate the Contract within thirty (30) Business Days following receipt of any written notice of delay from Implementer, in accordance with the provisions set forth in the Contract. SECTION 5: STATEMENT OF WORT{ The Work for each of the CEESP Goals and associated tasks are described herein: 2 Please go to hUp:// www.arb.ca.gov /cc /ab32 /ab32.htm for a copy of the AB 32 goals. Southern California Edison Conilmny Page: 4 SGVCOG- V4.8 Task 1- Prourain Rama -up A. Attend Program Kick -off Meeting: Implementer's representative(s) will attend a half - day Program kick -off meeting with the CPM to discuss Program logistics, marketing coordination, evaluation, monitoring and verification coordination, invoicing requirements, scope of Work, and any remaining Contract issues at an SCE - designated location. To avoid duplication and unnecessary expenditures, CPM will provide information and guidance regarding currently available resources (for example: available training programs, templates, SEMIS resource guide, reach building codes etc.) to be used by the Implementer in assessing pre- existing resources. This will enable the Implementer to focus efforts in each task where any gaps exist. Implementer's representative will attend the Program kick -off meeting at a time and place to be determined by SCE after the issuance of the NTP. B. Program Data, Invoicing, and Reporting Tool Training: The Implementer will attend a half -day workshop (Webeast) that provides training on the use of SCE invoicing and reporting tool ( "IR Tool "). The Implementer will attend IR Tool training at a time and place to be determined by SCE after the issuance of the NTP. Deliverable(s) Due Date (s) 1. Attend a half -day Program Kick -off Determined by SCE after the issuance of Meeting the NTP. 2. Attend a half -day IR Tool training session Determined by SCE after the issuance of and ongoing IR Tool update training. the NTP or notification of IR Tool program changes. 3. Delivery flat files (first draft) to CPM for IR Tool training plus 5 Calendar Days, review and approval. 4. Delivery of flat files (final draft) to CPM for IR Tool training plus 10 Calendar Days. review and approval. Task 2 - Strategic Plan Goal 3: Local governments lead by exaniple with their ouw facilities and energy usage practices. • Task 2.A (Strategic Plan Task 3.1.2): "Set up a `utility manager' computer program to track municipal usage. Identify need for sub - metering to plan, budget and manage bills ". • Task 2.13 (Strategic Plan Task 3.2.1): "Develop /adopt an energy chapter for City/ County climate or energy action plan ". Task 2.A — Install SEMIS The Implementer will facilitate the procurement of the right Angeles' EEMIS, and all required software purchases and functional for tracking municipal energy usage. EEMIS to use the County of Los activities to make EEMIS will enable Participating Southern California Edison Componji Page: 5 SGVCOG- V4.8 Municipalities to access facility energy consumption, archive billing data, and report and analyze energy consumption data via the Internet. 1. Report on Status of Implementer or Subcontractor to Support the Task: Implementer will submit monthly reports on the status of hiring expertise to install EEMIS. 2. EEMIS Planning Report: To facilitate the successful implementation of tine Work, the CPM will provide the Implementer an EEMIS resource guide at the kick -off meeting. The Implementer will develop an EEMIS planning report, tailored to the specific needs of each Participating Municipality. For each Participating Municipality, the EEMIS planning report will contain sufficient information to guide the EEMIS installation, including documentation of the existing hardware capability, a determination of whether each Participating Municipality has the existing capability to run EEMIS, and recommendations of any necessary hardware purchases. For Participating Municipalities installing EEMIS, the EEMIS planting report will also include the following sections: • An EEMIS procurement plan, including the procurement of the required networking software capability: • A data acquisition and data transfer plan into EEMIS; • Identification of the sub - metering data requirements; • An EEMIS testing plan; • A training plan including documentation on the effectiveness of the training for the Participating Municipality; • An EEMIS sustainability plan that shows how the use of EEMIS will continue after 2012; and • A detailed description of the roles and responsibilities for the Implementer, each Participating Municipality and the County of Los Angeles. The Implementer will work with all parties to develop the EEMIS planning report, and will incorporate comments from each Participating Municipality and the County of Los Angeles, before submitting the EEMIS planning report to the CPM for review. 3. Procurement of EEMIS: Based on the EEMIS planning report, Implementer will work with the County of Los Angeles to obtain detailed cost specifications for the procurement of the right to use EEMIS for each Participating Municipality, and to develop EEMIS Access Agreements) to be executed by the County of Los Angeles and each Participating Municipality. The EEMIS Access Agreement(s) will specify the terms and conditions for purchasing the rights to use EEMIS, transferring data into EEMIS, and maintaining EEMIS. The EEMIS Access Agreement will also include a complete description of the responsibilities for all parties. Implementer will facilitate the execution of the EEMIS Access Agreements by the County of Los Angeles and each Participating Municipality. The Participating Municipality must sign the EEMIS Access Agreement before receiving any additional Program services. The EEMIS Access Agreement may be executed at any time prior to April 1, 2012. Implementer will provide executed copies of the EEMIS Access Agreements to the CPM. Southern California Edison Company Page: 6 SGVCOG- V4.8 4. Report on EEMIS Installation: After the EEMIS Access Agreement has been executed, all activities required to make the EEMIS database functional for the Participating Municipality can proceed. Installation activities include but are not limited to the following: • Procure EEMIS and the required networking software capability; • Procure sub- metering capability, as needed; x • Modifying software technology so that individual municipal buildings and the Participating Municipality's staff have appropriate on -line access; X • Training participating city staff on all aspects of data base operations including: set -tip, data transfer, data storage and EEMIS maintenance. • Obtaining and transferring to the data base, all relevant facility information; • Acquiring from SCE billing data and consumption data from existing sources; • Testing the database through the submission of initial data and implementing any required modifications; and • Generating periodic reports on energy usage. Cost of networking the software is allowed if the expense has demonstrated value in meeting the CEESP strategic menu objectives and the expense is attributed to establishing the EEMIS software. Cost of sub- inctering is only allowed to acquire the energy usage for an entire building that is part of a campus -type facility served by a single electric meter. Implementer will provide status reports to the CPM on all EEMIS installation activities, and monthly reports from the EEMIS system. S. Training Program Report and Maintenance PIan: Implementer will train Participating Municipalities on energy analyses techniques and develop an implementation plan for EEMIS monitoring and maintenance. Activities will include but are not limited to the following: • Implementer will train Participating Municipalities on using EEMIS to analyze energy consumption data, identify energy savings opportunities, benchmark facility usage and operations, and sustain project savings; and • Implementer will also develop an SEMIS maintenance plan that will ensure continued use of EEMIS after 2012. Implementer will provide the EEMIS maintenance plan, a description of training sessions conducted and a list of attendees to the CPM. Implementer will also document training effectiveness. b. Report on Actions Taken Resulting from the Benchmarking Analysis: Implementer will document each Participating Municipality's policy on implementing energy efficiency upgrades after the benchmarking analysis has been completed. Implementer will also document plans for re- investing energy efficiency savings into each Participating Municipality's budget for ffiture energy efficiency activities. Finally, Implementer will document the energy efficiency actions taken by cacti Participating Municipality that can be attributed to the benchmarking analysis. Southern California Edison Co»npany Page: 7 SGVCOG- V4.8 7. Monthly Status Report: Implementer will provide to the CPM a monthly report of all on- going activities including a list of monthly achievements and outstanding issues. Implementer will provide all materials developed under this task to CPM for review and comment. Task 2.A.- Deliverable(s) Due Date(s) I . Report on status of Implementer or Monthly with Invoicing Requirements (see Task 3) Subcontractor to suppott the Task 2. EEMIS planning report Monthly starting Within 3 Calendar Months of Subcontractor selection, with Invoicing Requirements (see Task 3) 3. Procurement of SEMIS Monthly starting within 60 Calendar Days after approval of EEMIS planning report with Invoicing Requirements (see Task 3) 4. Report on EEMIS Installation Monthly with Invoicing Requirements (see Task 3) 5. Training report and maintenance Monthly with Invoicing Requirements (see Task 3) plan G. Report on actions taken resulting Monthly with Invoicing Requirements (see Task 3) from the benchmarking analysis. 7. Monthly status report Monthly with Invoicing Requirements (see Task 3) Task 2.S Develop a Regional Framework and Energy Efficiency Chapter in the Climate Action Plan for Eaeh City Implementer will develop a regional framework to be used in the development of the individual energy efficiency chapter in the climate action plan for each Participating Municipality. The regional framework will contain the content template, and the energy efficiency goal setting methodology for the energy efficiency chapter. The regional framework will also contain sufficient background information so that the energy efficiency chapter can be read as a stand -alone document. Implementer will also facilitate the development of an energy efficiency chapter for each Participating Municipality. 1. Report on Steering Committee Input: lmplernenter will facilitate the development of steering committee meetings, and all required working groups. The steering committee will consist of representatives from the twenty -eight Participating Municipalities. Implementer will provide contact information for the members of the steering committee and all working groups. Implementer will also provide a summary of the minutes for all steering committee and working groups meetings to the CPM. 2. Report on Status of Implementer or Subcontractor to Support the Task: Implementer will submit monthly reports oil the status of hiring expertise to conduct the baseline study of greenhouse gas emissions and develop the energy chapters in the climate action plan. Southern California Edison Cornpan}, Page: 8 SGVCOG- V4.8 3. Plan for the Development of the Energy Efficiency Chapters: Implementer will develop a plan for each Participating Municipality. The plan will be tailored to the specific needs of each Participating Municipality. The plan will contain sufficient information to guide the development of the energy efficiency chapter, and the development of the data collection for the baseline and long term forecast of energy consumption and green house gas emissions. For each Participating Municipality, the plan will include the following: • Description of the status of the energy efficiency chapter development; • Recommendation of whether the energy efficiency chapter needs to be developed or updated, or remain unchanged; • Recommendation on the feasibility of conducting goal setting workshops; • Detailed description, and timeline for all activities required in the development of the energy efficiency chapter; and • Description of the process whereby each Participating Municipality adopts the energy efficiency chapter. Tile plan will also include a written evaluation of existing industry methods for developing estimates of green house gas emissions. Implementer will describe the general method and the quantitative methodology, data collection effort, results to be reported and any software programs to be used to develop the energy savings analysis for the greenhouse gas inventory. Implementer will also discuss the rationale for selecting the general method and quantitative methodology. The plan will also include a status review of all data collection activities required to develop the baseline and long -term forecast of energy consumption and green house gas emissions. The plan will clearly differentiate between data collection activities that have not been previously undertaken and the gathering of data previously collected. The Implementer will obtain approval from the relevant Participating Municipality before submitting the plan to the CPM. 4. Develop a Regional Framework for the Energy Efficiency Chapter: The Implementer will develop a regional framework. The regional framework will be used by each Participating Municipality to develop the energy efficiency chapter. In developing the regional framework, Implementer will provide a written memo oil the evaluation of industry templates, especially those prepared by non - governmental organizations, and the rationale for selecting the regional framework. The regional framework will be distributed to each Participating Municipality, and will, at a minimum, include the following: • Data Collection Process: Identification of the process by which municipal and community -wide data will be collected; • Scope and Measures: Consensus on the measures that will be included in inventories and forecasts; • Format: Standardization of format including description of all content and background information; • Goals: While each Participating Municipality will work to develop its own goals, the regional framework will identify a standard goal description and tiniefi•ame for measuring progress towards achieving both short -term goals Southern California Edison Company Page: 9 SGVCOG- V4.8 and long -term goals of reductions in energy consumption and green house gas emissions; Reporting Requirements: In addition to the goals, the regional framework will also inchEde financial parameters of payback analysis, avoided costs analysis and implementation costs to achieve the goals; and Guidelines for the Implementation of Energy Efficiency Recommendations: Communication, implementation, and funding guidelines will be included, where appropriate. 5. Technical Memorandum on Baseline and Long -term Forecasts: Implementer will develop both a baseline and a long -term forecast of energy consumption and greenhouse gas emissions for all twenty -eight Participating Municipalities. This forecast will be conducted for both the municipality and the entire community, and may include the following data collection activities: Municipal Data Collection Activities: • Develop inventory of Participating Municipality facilities including square footage, operations and usage; • Review and chart annual utility energy use data for Participating Municipality facilities; • Identify anticipated Participating Municipality facility construction projects and review capital improvement projects and facility plans (if available); and • Develop inventory of completed, current and planned energy efficiency audits and projects. Coin mull iti -Wide Data Collection Activities: • Develop parcel -level land use inventory by sector; • Review and chart annual utility energy use by sector; • Map community -wide energy usage; • Review Participating Municipality growth projections, including population, household and employment data; and • Review relevant Participating Municipality policies, codes, and General Plan elements. Implementer will provide a technical memorandum on the baseline and long -term forecast of energy consumption and greenhouse gas emissions for all Participating Municipalities. b. Develop Best Practices Memoranda: Implementer will investigate best management practices and prepare a best practices memorandum to be distributed to the attendees of the Municipal Goal Setting Workshop ( "MGSW "), and to attendees of the Community Goal Setting Workshop ( "CGSW "). The best practices memorandum will be updated for lessons learned during the development of the regional framework and the energy efficiency chapters. 7. Draft Energy Efficiency Chapters: For each Participating Municipality, Implementer will Southern Californici Edison Company Page: 10 SGVCOG- V4.8 submit the draft energy chapters and the initial recommendations to reduce electricity consumption and greenhouse gas emissions. 8. Report on Stakeholder Input: Implementer will initiate the development of energy efficiency chapters by holding a MGSW, and a CGSW for each Participating Municipality. Documents guiding the MGSW and CGSW discussions will include the regional framework, the energy consumption and green house gas emissions baseline and long -term forecast, and the best practices memorandum. Implementer shall form working groups, as necessary, and hold as many meetings as needed to finalize the municipal and community portions of the energy efficiency chapters. Implementer will describe how stakeholder input was used to refine the energy chapters. For each meeting, Implementer will also provide meeting date, Iocation and contact information of meeting attendees. 9. Final Energy Efficiency Chapters and Implementation of Recommendations: Implementer will submit the final energy chapters, including the recommendations to reduce electricity consumption and greenhouse gas emissions that were either accepted by each Participating Municipality or integrated into the Participating Municipality's plans. Implementer will facilitate the adoption of the energy chapter recommendations through a memorandum identifying changes to the Participating Municipality policies, codes and General Plans. The Implementer will document the adoption of the recommendations and also provide reasons why recommendations have not been integrated into the Participating Municipality's plans. Implementer will provide evidence of whether each Participating Municipality has adopted the energy efficiency chapter or has integrated the recommendations from the energy efficiency chapter into the Participating Municipality's plans. 10. Hold Regional Climate Conference: Implementer will plan and execute a regional climate conference and information sharing session. This event will provide a forum to present the results of the technical memoranda, including baseline data, long -term forecast, goals and energy efficiency implementation strategies and the lessons learned in developing the energy efficiency chapters. Additionally, this event will allow for a discussion of regional strategies for achieving energy efficiency goals and climate protection goals. At the conference, Implementer will also distribute a compendium of all completed energy efficiency chapters, contact information for all members oil the steering committee, and an updated best practices memorandum. Implementer will also provide the CPM with all materials distributed at the conference and the conference attendance list. 11. Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Implementer will provide all materials developed under this task to the CPM for review and comment. Sonthei-n Udifornia Edison Company Page: I 1 SGVCOG- V4.8 Task 2.B. Deliverable(s) Due Date(s) 1. Report on steering committee input Monthly, with Invoicing Requirements see Task 3 2. Report on status of Implementer or Within NTP plus 6 Calendar Months Subcontractor to support the Task 3. Plan for the development of the energy Monthly starting within 3 Calendar efficiency chapters Months of Subcontractor selection, with Invoicing Requirements see Task 3) 4. Develop a regional framework for the energy Within 6 Calendar Months of efficiency chapter Subcontractor selection, With Invoicing Requirements see Task 3) 5. Technical memo on baseline and long -term Monthly, based on timelines in the plan, forecasts with Invoicing Requirements see Task 3 6. Develop best practices memos Within 4 Calendar Months of Subcontractor selection, and by September 30, 2012, with Invoicing Requirements see Task 3 7. Draft energy efficiency chapters. Monthly, based on timelines in the plan, with Invoicing Requirements (see Task 3 8. Report on stakeholder input Monthly, based on timelines in the plan, with Invoicing Requirements see Task 3 9. Final energy efficiency chapters and Monthly, based on timelines in the plan, im lementation of recommendations with Invoicing Requirements see Task 3) 10. Hold regional climate conference October 15, 2012 11. Monthly status report Monthly with Invoicing Requirements (see Task 3 Task 3 -- Invoicing and Reporting A. IR Tool: After SCE provides Implementer training on the IR Tool, the Implementer will utilize the IR Tool, which serves three primary purposes; 1. Enables Implementer to provide SCE with required Program information; 2. Provides CPM the capability to access Implementer's Program information and create reports; and 3. Provides miscellaneous reporting support for SCE's internal and CPUC reporting requirements. B. Submission of Information into IR Tool: Implementer will update the IR Tool on a Monthly basis in accordance with requirements delineated in Appendix A (Monthly Invoicing and Reporting Requirements). Implementer will work collaboratively with the CPM in tailoring the flat files for the Program. C. Monthly Invoicing and Reporting: All required Monthly invoice reports can be generated via the IR Tool. Implementer will be responsible for implementing, adhering Southern California Edison Company Page: 12 SGVCOG- V4.8 to, and the submission of, the items as described in Appendix A (Monthly Invoicing and Reporting Requirements) of this Statement of Work. The invoice reporting requirements may be amended from time to time, at which time SCE will notify Implementer of the changes and issue a new Appendix A. Implementer will implement these modifications in a timely manner and they will be reflected in fixture invoice documentation. D. SCE's Regulatory Reporting: Implementer will implement, adhere to, and submit the items as described in Appendix B (Regulatory Reporting Requirements), as SCE requests. The CPUC reporting requirements may be amended from time to time, at which tirne SCE will notify Implementer of the changes and issue a new Appendix B. Implementer will implement these modifications in a timely manner and they will be reflected in future invoice documentation. Implementer acknowledges that SCE may, in its sole discretion, require Implementer to provide such other reports or documentation that SCE deems appropriate or necessary ( "Ad Hoc Reports "). Implementer will comply with any request for such Ad Hoc Reports) within a reasonable time or, if applicable, within the time requested by SCE. Deliverables) .. Due Date(s) 1. Prepare and submit Monthly invoices and Monthly, by the 15th Calendar Day for supporting documentation to SCE. Work completed the preceding Month 2. Prepare and submit Monthly regulatory Monthly, by the 15th Calendar Day for report, including flat files and Monthly Work completed the preceding Month deliverable work sheet. 3. Prepare and submit Quarterly regulatory Quarterly, by the 30'h Calendar Day for reports (Appendix B) to SCE Work completed the preceding quarter, through October 31, 2012 4. Prepare and submit Ad Hoe Reports As SCE requests and /or requires 5. Prepare and submit final invoice and By November 15, 2012 for final invoice Program Report to SCE and by October 31, 2012 for final Program Report Southern California Edison Company Page: 13 SGVCOG- V4.8 Task 4 - Ramp -Down and Shutdown Progrann A. Program Ramp -Down: Implementer will provide SCE with a ramp -down plan for the Program. To ensure complete Program shutdown, the Program ramp -down period will commence no later than September 1, 2012. Implementer's plan for Program ramp -down will take into consideration that all services described in Tasks 1, 2, and 4 must be completed by October 15, 2012. Implementer will resolve all outstanding Program issues and begin preparation of the Final Report beginning September 1, 2012. B. Program Shutdowns: Implementer will provide to the CPM a plan with procedures on shutting down the Program. All Program operations will be completely shut down after the last day of the Contract effective period. Deliverable(s) Due Dates) 1. Submit detailed ramp -dawn and shut -down plans and schedules to CPM for review and approval No later than September 1, 2012 2. Resolve outstanding Program issues and begin preparation of Final Report No later than September 1, 2012 3, Begin Pro ram ramp-down No later than September 1, 2012 4. Complete all services — Tasks 1, 2, and 4 No later than October 15, 2012 Task 5 - Submit Final Program Report After Program shutdown and follow -up issues have been completed and resolved, the Implementer will submit a final report that reviews the Program's progress and accomplishment (the "Final Report "). At a minimum, the Final Report will cover: A. Goal Attainment: Documentation that substantiates the Implementez's achievement of the objectives, Program Performance Indicators, and deliverables for the Contract. B. Program Achievement Discussion: Were the goals /objectives met? Were the Program Performance Indicators achieved? Complete Program achievement for each Program Performance Indicator and deliverable indicating the tneasureable Program accomplishments. C. Program Challenges: What were the significant obstacles that were overcome? D. Lessons Learned: Could a Program of this scale have accomplished snore? E. Program Improvement Recommendations: What improvements could have been made to help the Program be even more successful? Sonthei�n Califo3•nicr Edison Conilmny Page: 14 SGVCOG- V4.8 F. Program Next Step: Should the Program a) be mainstreamed, b) continued to be developed or, c) ended. Deliverables Diie Date s 1. Submit draft Final Report for SCE review No later than October 15, 2012 and approval 2. Submit revised Final Report for SCE review The earlier of October 31, 2012 or within 2 and approval weeks of receipt of SCE comments SECTION 6: PAYMENT A. Payment Terms: The Implementer Budget will utilize 100% time and material based payments ( "T &M payments "). Payment of the T &M portion of Implementer's budget will be based on receipt by SCE of the deliverables set forth herein. T &M payments will be in accordance with the Billing Rates set forth in Table 1, below and Appendix C (Billing Schedule). All payments will be subject to the Contract and consistent with the budget breakdown set forth herein. Payment will be based on meeting deliverables and due dates set forth in Section 5 of this Statement of Work. B. Implementer Budget Limit: Under no event will Implementer exceed the total amount budgeted by SCE for this Contract of $4,676,228. Table 1: Implementer T &M Fully Burdened Hourly Billing Rate Southern California Edison Company Page: 15 Fully B�u dened Hourly Rafe for " years" 201.0 2012` ... Inip.. emeute Job .Tunctibn Job €lesci i "t on /Hoiu) % of Total Hours"' Senior Consultant Subcontractor $260 N/A Executive Director Overall mana etnent $156 3% Office Mana er I1 Reporting & invoicing_ $83 5% Office Manager I Reporting & invoicing $78 5% Staff XI Task management $97 5% Staff X Task mana einent $92 5% Staff IX Task mana event $88 15% Staff V111 Task management $83 10% Staff VII Task management $78 5% Staff VI Task management $73 5% Staff V Task mana event $68 5% Staff IV Task management $63 20% Staff III Task management $58 5% Staff II Task management $52 5% Staff I Task mana event $44 5% Southern California Edison Company Page: 15 SGVCOG- V4.8 Notes: 1. Please refer to Contract Section 10.2.2 for more information on fully Burdened Hourly Rates. 2. Subcontracted Work shall be charged at the hourly rates actually paid by Implementer, not to exceed the hourly rates set forth in the Contract for Work performed by the Implementer. Implementer shall provide Subcontractor invoices for any Iinplementer's invoice that includes Subcontractor costs. Table 2: Implementers Budget Breakdown: Allowable Cost Item` 1) Administration 4.1% $189,791 2) Marketing/Outreach Costs 0% $0 3) Direct Program Costs 95.9% $4,486,437 Total Implementer Budget: 1) + 2) } 3) 100% $4,676,228 Note: 1. Please see Appendix B for more information on Allowable Cost Categories. SECTION 7: PERFORMANCE INDICATORS SCE will, at a minimum, monitor the Work based on the following Program Performance Indicators; A. Progress made against the goals, deliverables, and due dates above; and B. Actual performance versus predicted performance as outlined herein. Southern California Edison Company Page: 16 SGVCOG- V4.8 Appendix A: Monthly Invoicing and Reporting Requirements A. Requirements Monthly hard copy invoices are required at the 15th Calendar Day of each Month for Work completed the preceding Month with invoicing supporting files described herein. These invoices and supporting documents are for Work performed by the Implementer and all Subcontractors. On November 15, 2012 or sooner, Implementer will submit a final invoice associated with Program services that are tied directly to delivery of the Program deliverables. No Work except that associated with preparing the Final Report (Task 5) and final invoice will be performed after October 15, 2012. Subsequent invoices will only contain expenses associated with closing out the Program (i.e., administration expenses, etc.) that are not directly tied to delivery of the Program goals. B. Procedures Implementer uploads their Customer flat files into the IR Tool. The IR Tool creates a draft invoice for Implementer's review. 2. CPM reviews the draft invoice and advises the Implementer to re- submit their invoice if requested. Implementer is required to submit the following files to SCE by the 15th Calendar Day of each Month with each of their invoice submission: • Invoice -- Hard Copy and electronic copy uploaded into the IR Tool; • Program Tracking Flat File --- Uploaded electronically into the IR Tool; • Financial Flat File — Uploaded electronically into the IR Tool; • Monthly Narrative - Hard Copy with invoice submission; • Deliverable Table — Uploaded electronically. • Allowable Cost Table (see Appendix B) -- Hard Copy with invoice submission; and • Supporting documentation ---- Uploaded electronically into the IR Tool, 3. Upon approval by CPM, the invoice is paid. C. Monthly Narrative The Monthly narrative will include a discussion on the following Program activities occurring during the Month: Southern California Edison Company Page: 17 SGVCOG- V4.8 • Administrative activities; • Marketing activities; • Direct Implementation activities; • Implementer's assessment of Program performance and Program status (is the Program on target, exceeding expectations, or falling short of expectations, etc.); • Discussion of changes in Program emphasis (new Program elements, less or more emphasis on a particular delivery strategy, Program elements discontinued, Measure discontinued, etc.); • Discussion of near term plans for Program over the coming Months (Le., marketing and outreach efforts that are expected to significantly increase Program participation, etc.); • Changes to staffing and staff responsibilities, if any; • Changes to contacts, if any; • Changes to Subcontractors and Subcontractor responsibilities, if any; and • Number of Program complaints received. Southern California Edison Conipany Page: 18 SGVCOG- V4.8 Appendix B: Regulatory Reporting Requirements 1. Program Reporting Implementer will provide SCE with the requisite information on the prior month's activities, accomplishments and expenditures related to its respective Work obligations, for purposes of preparing any reports required of SCE by the CPUC including Quarterly and Annual Reports. Requirements for these reports may change per the direction of the CPUC or the CPUC's Energy Division. The current reporting requirements are as follows: 2. Quarterly Report Implementer will provide SCE with the requisite information to be compiled for the quarterly portfolio reporting. 2.1. Expenditures for the Program per cost; Section 9, below, contains a list of allowable costs. a. CPUC. authorized budget b. Operating Budget c. Total Expenditures • Administrative Cost • Marketing /Advertising /Outreach Costs • Direct Implementation Cost 2.2. Program Narratives — For the Program, a description of the Program activities occurring during the quarter. a. Administrative activities b. Marketing activities c. Direct Implementation activities d. Implementer's assessment of Program performance and Program status (is the Program on target, exceeding expectations, or falling short of expectations, etc.) e, Discussion of changes in Program emphasis (new Program elements, less or more emphasis on a particular delivery strategy, Program elements discontinued, Measure discontinued, etc.) f. Discussion of near term plans for Program over the coming months (i.e., marketing and outreach efforts that are expected to significantly increase Program participation, etc.) g. Changes to staffing and staff responsibilities, if any h. Changes to contacts, if any i. Changes to Subcontractors and Subcontractor responsibilities, if any j. Number of Program complaints received 2.3. Implementer will provide additional data or information as required by the CPUC. Southern California Edison Conilm y Page. 19 SwcOG- V4.8 3. Annual Reports Implementer will provide SCE with the requisite information to be compiled for the annually portfolio reporting. 3.1. Expenditures for the Program per cost; Section 4, below, contains a list of allowable costs. a. CPUC authorized budget b. Operating Budget c. Total Expenditures • Administrative Cost • Marketing /Advertising /Outreach Costs • Direct Implementation Cost 3.2. Program Narratives — For the Program, a description of the Program activities occurring during the year. a. Administrative activities b. Marketing activities c. Direct Implementation activities d. lmplementer's assessment of Program performance and Program status (is the Program on target, exceeding expectations, or falling short of expectations, etc.) e. Discussion of changes in Program emphasis {new Program elements, less or more emphasis on a particular delivery strategy, Program elements discontinued, etc.) f. Discussion of near term plans for Program over the coming months (i.e., marketing and outreach efforts that are expected to significantly increase Program participation, etc.) g. Changes to staffing and staff responsibilities, if any Ii. Changes to contacts, if any i. Changes to Subcontractors and Subcontractor responsibilities, if any j. Number of Program complaints received 3.3. Implementer will provide additional data or information as required by the CPUC. Southern California Edison Company Page: 20 SGVGOG- V4.8 4. Allowable Costs Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer- funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM. If there is a desire to include additional Allowable Cost elements, the CPM should be contacted in order to seek approval from the CPUC. 3/3012006 Cost Categories Allowable Costs Administrative Cost Category Managerial and Clerical Labor Implementer Labor — Clerical Note: Tlrese alloNyable.costs are:to be allocated towaras:the'direct implementa #ton ca goi t I Imnlementer Labor - Staff Management I Implementer Labor - Staff Supervision Human Resource Support and Development Implementer Labor- Human Resources Im lementer Labor - Staff Development and Training Implementer Benefits - Administrative Labor Implementer Benefits - Direct Implementation Labor Implementer Benefits - Marketing/Advetlising/Outreach Labor Implementer Pa roll Tax - Administrative Labor Im lementer Payroll Tax - Direct Implementation Labor Implementer Payroll Tax - Marketitrg /Advertising/Outreacli Labor Implementer Pension - Administrative Labor Implementer Pension - Direct Implementation Labor Implementer Pension - Marketing/Advertising/Outreach Labor Implementer - Conference Fees Implementer Labor - Conference Attendance Implementer - Travel — Airfare Implementer - Travel — Lodging Implementer - Travel — Meals Implementer - Travel — Mileage Implementer - Travel --- Parkin Inr lementer - Travel - Per Diem for Misc. Expenses Overhead (General and Administrative) - Labor and Materials Imnlementer Eouinment Communications Southern California Edison Conij)any Page: 21 SGVCOG- V4.8 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that call be claimed for ratepayer- funded energy efficiency work, The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed all the cost reporting sheet, then no cost is to be reported for that item, These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM. If there is a desire to include additional Allowable Cost elements, the CPM should be contacted in order to seek approval from the CPUC. 3/3012006 Cost Categories Allowable Costs Implementer E ui ment Document Reproduction Implementer Equipment General Office Implementer Equipment Trans ortation Implementer Food Service llll lementer Office Supplies Implementer Postage Implementer Labor - Accountin g Support Inl lementer Labor - Accounts Payable Implementer Labor - Accounts Receivable Inl lementer Labor -Facilities Maintenance lm lementer Labor - Materials Management Implementer Labor --- PrOC MMIlt Irll lementer Labor - Shop Services Im lementer Labor — Administrative IIn lementer Labor - Transportation Services Implementer Labor — Automated Systems Im lementer Labor — Communications Implementer Labor - Information Technology Implementer Labor — Telecommunications Marlietin /Advertisin /Outreach Cost Category Im letnentcr - Bill Inserts Irn lemetlter — Brochures Implementer - Door Hangers Implementer - Print Advertisements Implementer - Radio Spots Its lementer - Television Spots Im lemetlter - Website Development Implementer Labor — Marketing Inl lementer Labor - Media Productiotl Implementer Labor - Business Outreach Itn lementer Labor - Customer Outreach Implementer Labor - Customer Relations Direct Implementation Cost Cate or Financial Incentives to Customers Activity - Direct Labor Im lementer Labor - Facilities Audits Implementer Labor — Curriculum Development Implementer Labor - Customer Education and Training Implementer Labor - Customer Equipment Testis and Southern California Edison Company Page: 22 SGVCOG- V4.8 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer- funded energy efficiency work. The costs reported should be only for costs aetually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM. If there is a desire to include additional Allowable Cost elements, the CPM should be contacted in order to seek approval from the CPUC. 3/30/2006 Cost Categories Allowable Costs Diagnostics Installation and Service -- Labor Implementer Labor - Customer Equipment Repair and Servicin Implementer Labor - Customer Equipment Repair and Servicing Direct Ian plementation Hardware and Materials Implementer - Direct Implementation Literature Implementer - Education Materials Implementer - Eiwgy Measurement Tools Implementer - InstalIation Hardware Implementer -Audit Applications and Forms Rebate Processing and Inspection - Labor and Materials _Implementer Labor - Field Verification Implementer Labor - Rebate Processing Im lementer - Rebate Applications Southern California Edison Company Page: 23 00 O C) ^Li 61 Gi � 3 X CL CL 4^1 N U 0 W ti U IN 00 O U V t� Co 0 p 8, f.H b�3 n Ew �-y O t`1 [� 00 ON ell O 0. OD. Ci E.1 � U V] El a o CL ° Lr � V O U] ID cq � O 69 &9 X O O O .Q C O. t`1 [� 00 ON ell Q 0. OD. cq � O 69 &9 O O O .Q C O. 6g ;ry M 69 b9 +. 0 0 0 0 0 0 0 0 0 0 0 CA 0 0 0 0 �} fA N �} 69 6-q Cf 64 64 bbb999 69 69 64 �jy :Cy Q1 ri N . O O CUG G C ai U N � CL O Q] O 'a OC LL lk Cd o p } v �O a f�s H Q Q R P. BALDWIN P - A , A - K CITY OF BALDWIN PARK CITY COUNCIL AGENDA JAN 1 9 ITEM N0. A2- STAFF REPORT TO: Honorable Mayor and City Councilmembers FROM: Marc Castagnola, AICP, Community Development Mana DATE: January 19, 2011 SUBJECT: Public hearing and consideration of an amendment to the City's Municipal Code amending Section 153.442 of the City's Municipal Code that currently allows massage uses with a conditional use permit in the C -2, General Commercial Zone and related Negative Declaration. (Looation: C -2, General Commercial Zones; Applicant: City of Baldwin Park; Case Number: AZC -170) PURPOSE This report requests City Council conduct a public hearing and consider an amendment to the City's Municipal Code, Section 153.442 which currently allows massage uses with a conditional use permit within the C -2, General Commercial Zone. CEQA I NOTICING REQUIREMENTS In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined the proposed project will not have a significant impact on the environment and a Draft Negative Declaration of Environmental Impact has been prepared by the Planning Division. A Notice of Public Hearing was posted at City Hall, Baldwin Park Community Center, and Barnes Park on January 10, 2011. Additionally, public hearing notices were mailed to all C -2, General Commercial Zoned property owners and to the two (2) existing massage /acupressure business owners on January 10, 2011. ZONING AND LAND USES Currently, massage /acupressure uses are only permitted within the C -2 Zone, on properties that are not within 500 feet of any property upon which there is located (1) an adult business, (2) legal or legal, non - conforming park, (3) house of worship, (4) educational institution, (4) residential use, or (5) other massage /acupressure facilities. This proposed amendment will prohibit massage /acupressure uses not only city -wide, but also within the C -2 Zone. AZC -170 January 19, 2011 Paae 2 BACKGROU N DIDISCUSSION Massage /acupressure type land uses have been regulated in an on -going basis since September 1996, when the City Council adopted a variety of changes to the City's Zoning Code (Ordinance 1117), primarily relating to location criteria and development and performance standards for adult businesses, but also location criteria and a conditional use permit requirement for massagelacupressure type uses. In February 2001, the City Council adopted Ordinance 1169, which amended Section 153.442 adding additional location criteria and a one -year time limit for the conditional use permit. The one -year time limit requires that a conditional use permit for a massage use be renewed on a yearly basis. .s Furthermore, Ordinance 1330, which was adopted in January of this year, includes a provision any Massage Therapist hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists (California Business and Professions Code Chapter 10.5, Division 2, Section 4600). Provided the City Council ultimately approves the amendment to the City's Municipal Code, in order to be consistent with State Law regarding the licensing of Massage Therapists, Massage Therapists employed by either of the existing legal, non - conforming massagelacupressure establishments shall be certified in accordance with this Section of the California Business and Professions Code. Currently, there are two (2) existing massagelacupressure establishments within the City of Baldwin Park. If this amendment is ultimately approved by the City Council, then those uses will become legal non - conforming. TABLE #1 EXISTING MASSAGEIACUPRESSURE SPA ESTABLISHMENTS NAME OF ESTABLISHMENT LOCATION CUP NOTES 14135 Francisquito Business was established in Shiatsu Spa Avenue, Unit #104 No 1991, prior to the CUP requirement. Business is currently in the Green Aroma Spa 13030 Francisquito Yes process of submitting Avenue, #1 CP -581 application material to renew CUP. Within the past ten (10) years, the City of Baldwin Park has made it a priority to improve its image. Steps toward this improvement have resulted in significant economic development opportunities for the community (e.g. development of retail commercial shopping centers), new residential dwelling units, a vigorous code enforcement program aimed at improving the visual aesthetics of the community, and a proactive police department. AZC -170 January 19, 2011 Paae 3 Staff is of the opinion the use of property as a massagelacupressure use should be eliminated as a land use throughout the City, including within the C -2, General Commercial Zone as it is not consistent with the priorities of the City's policy makers to continue reshaping the City's image and improve the quality of life in Baldwin Park, not only for the residents and business owners, but also potential visitors. PLANNING COMMISSION ACTION - -` The Planning Commission at their December 8, 2010, meeting voted 4 -0 to recommend the City Council adopt the Negative Declaration and approve the changes to the Municipal Code eliminating massagelacupressure establishments within the C -2 Zone. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends that the City Council open the public hearing and following the public hearing: (1) Adopt Resolution 2010 -054 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE/ ACUPRESSURE LAND USES (LOCATION: ALL C -2, GENERAL COMMERCIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 170) "; and (2) Introduce Ordinance 1340 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGEIACUPRESSURE USES (LOCATION: ALL C -2, GENERAL COMMERCIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 170) ". ATTACHMENTS *Attachment #1, Vicinity Map Identifying all C -2, General Commercial Zones *Attachment #2, Ordinance 11'17 - -- (begin on page 10) `Attachment #3, Ordinance 1169 - -- (begin on page 15) *Attachment #4, Ordinance 1330 *Attachment #5, Environmental Data — Negative Declaration and Initial Study *Attachment #6, Resolution 2010 -054 *Attachment #7, Ordinance 1340 ATTACHMENT #1 VICINITY MAP IDENTIFYING ALL C -2, GENERAL COMMERCIAL ZONES CITY OF BALDWIN PARK 147tIM-M - - - - - - - - - - LEGEND M C2 (GENERAL COMMERCIAL ZONE) 0 1 Miles +- FIGURE 1 - PROJECT LOCATION MAP ATTACHMENT #2 ORDINANCE 1117 - (BEGIN ON P. 10) ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA ADDING A NEW CHANTER 124 TO THE CODE OF ORDINANCES AND AMENDING CHAPTER 153 PERTAINING TO REGULATIONS APPLICABLE TO ADULT - ORIENTED BUSINESSES The City Council of the City of Baldwin Park does hereby ordain as follows: WHEREAS, the City Council, in adopting this ordinance, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of Adult - Oriented Businesses In other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, `Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1984); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles, California (1977). The City Council finds that these studies are relevant to the problems addressed by the City in enacting this ordinance to regulate the adverse secondary side effects of Adult- Oriented Businesses, and more specifically finds that these studies provide convincing evidence that: (1) Adult- Oriented Businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas. (2) Both the proximity of Adult- Oriented Businesses to sensitive land uses and the concentration of Adult- Oriented Businesses tend to result in the blighting and deterioration of the areas in which they are located. (3) The proximity and concentration of Adult - Oriented Businesses adjacent to residential, recreational, religious, educational and other Adult - Oriented Business uses can cause other businesses and residences to move elsewhere. (4) There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult- Oriented Businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that Adult - Oriented Businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values; and WHEREAS, based on the foregoing, the City Council finds and determines the special regulation of Adult- Oriented Businesses is necessary to ensure that their adverse secondary side effects will not contribute to an increase in crime rates or to the blighting or deterioration of the areas in which they are located or surrounding areas. The need for such special regulations is based upon the recognition that the operational characteristics of Adult- Oriented Businesses, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses such as parks, schools, or churches, have a deleterious effect upon the adjacent areas. It is the purpose and intent of these special regulations to prevent the adverse secondary side effects of Adult- Oriented Businesses; and WHEREAS, the locational requirements established by this ordinance do not unreasonably restrict the establishment or operation of constitutionally protected Adult - Oriented Businesses in the City of Baldwin Park, and a sufficient number of appropriate locations for Adult- Oriented Businesses are provided by this ordinance; and WHEREAS, in developing this ordinance, the City Council has been mindful of legal principles relating to regulation of Adult - Oriented Businesses and does not intend to suppress or infringe upon any expressive activities protected by the First Amendments of the United States and California Constitutions, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of Adult- Oriented Businesses. The City Council has considered decisions of the United States Supreme Court regarding local regulation of Adult - Oriented Businesses, including but not limited to: Youngy. American-Mini Theaters. Inc., 427 U.S. 50 (9976) (Reh. denied 429 U.S. 873); Renton v. Playtime Theaters, 475 U.S. 41 (1 986) (Reh. denied 475 U.S. 1132); FW /PBS, Inc. v. Dallas, 493 U.S. 215 (1990); Barnes V. Glenn Theater' 501 U.S. 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to: Topanga Press, et al. v. City of Los Angeles, 989 F.2d 1524 (1993); several California cases including but not limited to: City of National City v. Wiener, 3 CalAth 832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and CiJY of Vallejo v. Adult Books. et al., 167 Cal.App.3d 1169 (1985); and other federal cases including eland Lounge v. Ci of j2cksonville (5th Cir. 1992) 973 F.2d 1255, Hang On. Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell v, Comrmission_on_Adult Entertainmen( (3rd Cir. 1993) 10 1=.3d 123, Inernational Eateries v. Broward CoM!y (Ilth Cir. 1991) 941 F.2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074; and WHEREAS, the City Council also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the City of Baldwin Park, and thus certain requirements with respect to the ownership and operation of Adult - Oriented Businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems; and 2 WHEREAS, the City Council finds the following, in part based upon its understanding of the documents and judicial decisions in the public record: (1) Evidence indicates that some dancers, models and entertainers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in Adult - Oriented Businesses (collectively referred to as 'performers') have been found to engage in sexual activities with patrons of Adult- Oriented Businesses on the site of the Adult - Oriented Business; (2) Evidence has demonstrated that performers employed by Adult- Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows; (3) Evidence indicates that performers at Adult - Oriented Businesses have been found to , engage in acts of prostitution with patrons of the establishment; (4) Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity; (5) As a result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at Adult - Oriented Businesses; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community of Baldwin Park and to help assure that all operators of Adult - Oriented Businesses comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City Council recognizes the possible harmful effects on children and minors exposed to the effects of such Adult - Oriented Businesses and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting immediate neighborhood of such businesses; and WHEREAS, the City Council desires to minimize and control the adverse secondary side effects associated with the operation of Adult-Oriented Businesses and thereby protect the health, safety, and welfare of the citizens of the City, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, and deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and Ica WHEREAS, it is not the intent of the City Council in enacting this ordinance, or any provision thereof, to condone or legitimize the distribution of obscene material, and the City of Baldwin Park recognizes that state law prohibits the distribution of the obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the City; WHEREAS, nothing in this ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof; and WHEREAS, in prohibiting public nudity in Adult- Oriented Businesses, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity in Adult - Oriented Businesses due to the secondary impacts associated with establishments providing public nudity; and WHEREAS, the City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by a prohibition on public nudity in Adult- Oriented Businesses; and WHEREAS, in enacting a public nudity limitation in Adult- Oriented Businesses, the City declares that the limitation is a regulatory licensing provision and = a criminal offense. The City has not provided a criminal penalty for a violation of the nudity limitation. The City adopts such a limitation only as a condition of issuance and maintenance of an Adult- Oriented Business permit issued pursuant to the City Code; and WHEREAS, the City Council finds that preventing the exchange of money between entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in Adult- Oriented Businesses' and WHEREAS, requiring separations between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the Adult - Oriented Business; and WHEREAS, enclosed or concealed booths and dimly -lit areas within Adult- Oriented Businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adult - Oriented Businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel; and 4 WHEREAS, while the City Council desires to protect the rights conferred by the United States Constitution to Adult - Oriented Businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation of Adult- Oriented Businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 153.440 of the Code of Baldwin Paris is hereby amended to read in its entirety as follows: 753.440 Adult- Oriented Business - Definitions For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section: (a} Adult -Oriented Businesses. "Adult- Oriented Businesses" means any one of the following: (1) Adult arcade, The term "adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) Adult. bookstore. The term "adult bookstore" as used in this chapter, is an establishment that has thirty (30) percent or more of its stock in trade or display which could include but not be limited to books, magazines, periodicals and/or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical (3) Adult cabaret, The term "adult cabaret" as used in this chapter, means a nightclub, restaurant, or similar business establishment which: (1) regularly features live perfor- mances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and /or (2) which regularly features persons who appear seml -nude; and /or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized 5 by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) Adult hotel /motel. The term "adult hotel /motel" as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed - circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases, or lets any single room more than twice in a 24 -hour period. (5) Adult motion picture theater. The term "adult motion picture theater' as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images; motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. . (6) Adult theater. The term "adult theater" as used in this chapter, means a theater, concert hap, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (T) Modeling studio. The term "modeling studio" as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities," (b) Adult - Oriented Business Operator. "Adult- Oriented Business Operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an Adult - Oriented Business or the conduct or activities occurring on the premises thereof. (c) Applicant. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult- Oriented Business. G1 r (d) Bar. For the purposes of this ordinance [chapter],a bar is defined as any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises. (e) Church. The term "church" as used in this article, is a structure which is used primarily for religious worship and related religious activities at least two days per week. (f) Distinguished or characterized by an emphasis upon. As used in this ordinance, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films'wvhich are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d 151 (1981). (g) Establishment of an Adult - Oriented Business. As used herein, to "establish" an Adult - Oriented Business shall mean and include any of the following: (1) The opening or commencement of any Adult - Oriented Business as a new business; (2) The conversion of an existing business, whether or not an Adult- Oriented Business, to any Adult - Oriented Business defined herein; (3) The addition of any of the Adult-Oriented Businesses defined herein to any other existing Adult - Oriented Business; or (4) The relocation of any such Adult - Oriented Business. (h) Figure model. "Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted. (i) Health Officer. The Health Officer of the City of Baldwin Paris, the County of Los Angeles, or his or her duly authorized representative(s). (j) Individual Viewing Area. An area designed for fewer than five (5) persons to view still or motion pictures, live entertainment computer generated images or other photographic reproductions, thirty percent (39 %) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. 7 (k) Nudity or a state of nudity, "Nudity or a state of nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. (I) Operate an Adult -Oriented Business. As used in this article 'operate an Adult- Oriented Business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an Adult- Oriented Business or activities within an Adult- Oriented Business. (m) Permittee. " Permittee" means the person to whom an Adult- Oriented Business Permit or Adult Oriented Business Performer Permit has been issued. (n) Person. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. (o) Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret means presented as a regular and substantial course of conduct of the person, business or establishment making or at which the presentation is made. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred and eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (p) School. The term "school' as used in this ordinance, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. (q) Semi -nude. Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices. (r) Specified anatomical areas, As used herein, "specified anatomical areas" shall mean and include any of the following: (1) Less than completely and opaquely covered human (1) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (3) Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above. (s) Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; (4) Excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection. SECTION 2. Section 153.441 of the Code of Baldwin Park is hereby amended to read in its entirety as follows: 153.441 Location and Zoning Requirements For Adult- Oriented Businesses No Adult - Oriented Business shall be established, located, or operated in any zone in the City of Baldwin Park other than the "i" and "IC" zones and only when within, the ascribed distances of the certain specified land uses or zones as set forth below: (a) No such business shall be established or located within 1000 (feet) from any existing legal or legal non - conforming residential zone or use, unless separated from the residential use or zone by a major freeway (Interstate 10 or State Highway 605) or by a right of way at least 100 feet in width. (b) No such business shall be established or located within 1000 (feet) from any existing legal or legal non - conforming park, church, or school. W (c) The distances set forth above shall be measured as a radius from the primary entrance of the Adult- Oriented Business to the property lines of the property so zoned or used or, if on the same property, from the primary entrance of the establishment from which the distance is measured without regard to intervening structures. Section 163.442 is a hereby amended to read in its entirety as follows: MASSAGE PARLOR REGULATIONS 153.442 CONDITIONAL USE PERMIT REQUIRED. Massage parlors shall be permitted pursuant to Chapter 118 of this code and this section only if: (a) A conditional use permit is first obtained; (b) The real property upon which the use is proposed to be located is classified, pursuant to this code in the C -2 Zone; (c) The proposed location is not within 500 feet of any other real property upon which there is located an adult business, nor within 500 feet of any other real property upon which there is located an educational institution or a church. SECT[QN4_. Section 153.443 of the Code of Baldwin Park are hereby repeated and of no further force or effect. SECTION 5 'Section 153.211 of the Baldwin Park Code is hereby amended by adding a new subsection (A)(4) to read in its entirety as follows: (4) Adult - Oriented Businesses as defined in Chapter 124 of the Baldwin Paris Code, providing such Adult - Oriented Businesses satisfy the all applicable requirements of Baldwin Park Code Chapter 124 and Sections 153.440 & 153.441. SECTION 6. Section 153.226 of the Baldwin Park Code is hereby amended by adding a new subsection (A)(2) to read in its entirety as follows with the remaining subsections to be renumbered: (2) Adult- Oriented Businesses as defined in Chapter 124 of the Baldwin Park Code, providing such Adult- Oriented Businesses satisfy the all applicable requirements of Baldwin Park Code Chapter 124 and Sections 153.440 & 153.441. SECTION 7 A new Chapter 124 is hereby added to the Baldwin Park Code to read in its entirety as follows: 10 CHAPTER 924 REGULATION OF ADULT - ORIENTED BUSINESSES. -- ARTICLE 9. GENERAL PROVISIONS SECTION 124.010 DEFINITIONS. For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) Adult -Oriented Businesses. "Adult- Oriented Businesses" means any one of the following: (1) Adult arcade. The term "adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specked anatomical areas. (2) Adult bookstore. The term "adult bookstore" as used in this chapter, is an establishment that has thirty (30) percent or more of its stock in trade or display which could include but not be limited to books, magazines, periodicals and/or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and /or specified anatomical areas. (3) Adult cabaret. The term "adult cabaret" as used in this chapter, means a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and /or (2) which regularly features persons who appear semi -nude; and /or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) Adult hotel /motel. The term "adult hotel/ motel" as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with 11 closed- circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases, or lets any single room more than twice in a 24 -hour period. (5) Adult motion picture theater. The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specked sexual activities or specified anatomical areas. (6) Adult theater. The term "adult theater" as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) Modeling studio. The term "modeling studio" as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities." (b) Adult - Oriented Business Operator. "Adult- Oriented Business Operator` (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an Adult — Oriented Business or the conduct or activities occurring on the premises thereof, (c) Applicant. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult- Oriented Business. 12 . /_- 1 1 (d) Bar. For the purposes of this ordinance [chapter], a bar is defined as any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises. (e) Church. The term "church" as used in this article, is a structure which is used primarily for religious worship and related religious activities at least two days per week. (f) Distinguished or characterized by an emphasis upon. As used In this ordinance, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City gf QpvIna, 115 Cal.App.3d 151 (1981). {g) Establishment of an Adult- Oriented Business. As used herein, to "establish" an Adult- Oriented Business shall mean and include any of the following; (1) The opening or commencement of any Adult- Oriented Business as a new business; (2) The conversion of an existing business, whether or not an Adult- Oriented Business, to any Adult - Oriented Business defined herein; (3) The addition of any of the Adult- Oriented Businesses defined herein to any other existing Adult- Oriented Business; or (4) The relocation of any such Adult- Oriented Business. (h) Figure model. "Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted. (i) Health Officer. The Health Officer of the City of Baldwin Park, the County of Los Angeles, or his or her duly authorized representative(s). (j} Individual Viewing Area. An area designed for fewer than five (5) persons to view still or motion pictures, live entertainment computer generated images or other photographic reproductions, thirty percent (30%) or more of the number of which are distinguished o: characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. 13 (k) Nudity or a state of nudity. "Nudity or a state of nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid stata. (I) Operate an Adult - Oriented Business. As used in this article `operate an Adult- Oriented Business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge ofthe conduct of activities of an Adult - Oriented Business or activities within an Adult- Oriented Business. (m) Permittee. " Permittee" means the person to whom an Adutt- Oriented Business Permit or Adult Oriented Business Performer Permit has been issued. (n) Person. Any individual, partnership, copartnership, firm, association, joint stack. company, corporation, or combination of the above in whatever form or character. (o) Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret means presented as a regular and substantial course of conduct of the person, business or establishment making or at which the presentation is made. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred and eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (p) School. The term "school" as used in this ordinance, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. (q) Semi -nude. Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices. {r) Specified anatomical areas. As used herein, "specified anatomical areas" shall mean and include any of the following: 14 (1) Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid stata, even if completely and opaquely covered. (3) Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above. (r) Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female.breast; (2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; (4) Excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection. SECTION 124.024 PERMITS REQUIRED. (a) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Baldwin Park, the - operation of an Adult - Oriented Business unless the person first obtains an Adult - Oriented Business Permit and, if necessary, Adult - Oriented Business Performer Permit as required under this chapter, a Baldwin Park Business License pursuant to Chapter 110 of the Baldwin Park Code, and any other permits required by state or federal law. All such permits shall be maintained in full force and effect during the life of the Adult- Oriented Business. (b) It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an Adult- Oriented Business unless the person firg obtains from the City of Baldwin Park an Adult - Oriented Business Performer Permit as required under this Chapter, if neces- sary, a business license permit as required under Chapter 110 of the Baldwin Park Code, and any other permit required by state or federal law. All such permits shall be maintained in full force and effect during the life of the Adult- Oriented Business. 15 ARTICLE 2. APPLICATION AND PERMITS SECTION 124.030 ADULT-ORIENTED BUSINESS PERMIT REQUIRED. {a) Every person who proposes to maintain, operate or conduct an Adult- Oriented Business in the City of Baldwin Park shall file an application with the City Clerk upon a form provided by the City of Baldwin Park and shall pay a non- refundable fling fee, as established from time to time by resolution adopted by the City Council. SECTION 124.044 APPLICATIONS. (a) Adult - Oriented Business Permits are nontransferable, except in accordance with Section 124.070. Therefore, all applications shall include the following information, (1) If the: applicant is an individual, the Individual shall state his or her legal name, (including any - aliases), address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age. (2) If the applicant is a partnership, the partners shall state the partnership, 8 complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, If any. (3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process. (b) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business entity shall sign the application. (c) If the applicant it.tends to operate the Adult - Oriented Business under a name other than that of the applicant, the applicant shall file the fictitious name of the Adult- Oriented Business and show proof of registration of the fictitious name. (d) A description of the type of Adult- Oriented Business for which the Permit is requested and the proposed address where the Adult - Oriented Business will operate, plus the names and addresses of the owners and, if applicable, lessors of the Adult- Oriented Business site. (e) The address to which notice of action on the application is to be mailed. 16 (f) The names of all employees, independent contractors, and other persons who will perform at the Adult- Oriented Business, who are required by Section 124.080 to obtain an Adult- Oriented Business Performer License (for ongoing reporting requirements see Section 124.080). (g) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the Adult- Oriented Business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale. (h) A certificate and straight -line, to scale drawing prepared by a registered architect within thirty (30) days prior to the submission of the application depicting the building and the portion thereof to be occupied by the Adult- Oriented Business, and the property lines of any church, school, park, residential zone or use within 1000 feet of the primary entrance of the Adult - Oriented Business. (i) A diagram of the off-street parking areas and premises entries of the Adult- Oriented Business showing the location of the lighting system required by Section 124.120. (j) The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an Adult - Oriented Business Permit, (k) Whether the applicant, any partner if the applicant is a partnership, or any officer of the corporation if the applicant is a corporation has been convicted within the past 3 years of any of the following: one or more violations of Penal Code sections 315, 316, 2661, 266b, 266c, 266e, 266g, 266h, 2661, 647(a), 647(b) and 647(4); any equivalent violation of the code of another state, or the applicant has had an adult oriented permit revoked by this city or any other governmental entity within the past 3 years. SEC. 124.050 INVESTIGATION AND ACTION ON APPLICATION. (a) The City Clerk shall, within fifteen (15) days of submission of an application, determine whether the application is complete, If the City Clerk determines the application is incomplete or the applicant has completed the application improperly, the City Clerk shall, within the aforementioned time period, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time to complete the application properly. In addition, the applicant may request an extension of the time for the City Clerk to act on the application. The time period for granting or denying a Permit shall be stayed during the period in which the applicant is granted an extension of time. 17 (b) Upon receipt of a completed application and payment of the application and Permit fees, the City Clerk shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an Adult - Oriented Business Permit. (c) Within thirty (30) days of receipt of the completed application, the City Clerk shall complete the investigation, grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows: (1) The City Clerk shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (2) If the application is denied, the City Clerk shall attach to the application a statemer► of the reasons for denial. (3) If the application is granted, the City Clerk shall attach to the application an Adult - Oriented Business Permit. (4) The application as granted or denied and the Permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. SEC. 124.060 DECISION TO GRANT OR DENY PERMIT; DURATION OF PERMIT. The City Clerk shall grant the application and issue the Adult - Oriented Business Permit unless: (a) The building, structure, equipment, or location used by the business for which an Adult- Oriented Business Permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State of California, or with the requirements of this Chapter and Baldwin Park Code Section 153.441. (b) The applicant, Ins or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an Adult - Oriented Business Permit. (c) An applicant is under eighteen (18) years of age. (d) The required application fee has not been paid. (e) Within the past 3 years, the applicant has been convicted of any of the following offenses: one or more violations of Penal Code sections 315, 316, 2661, 266b, 266c, 266e, 266g, 266h, 2661, 647(a), 647(b) and 647(4); any equivalent violation of the code 18 of another state, or the applicant has had an adult oriented permit revoked by this city or any other governmental entity within the past 3 years. If the City Cleric grants the application or if the City Clerk neither grants nor denies the application within thirty (30) days after it is stamped as received (except as provided in Section - 124.050(a), the applicant may begin operating the Adult - Oriented Business for which the Permit was sought, subject to strict compliance with the development and performance standards and requirements of this Chapter, including but not limited to the requirements of Section 124.120 and renewal requirements of this section. Each Adult - Oriented Business Permit shall expire one (1) year from the date of Issuance, and may be renewed only by filing with the City Clerk a written request for renewal, accompanied by the Annual Permit Fee and a copy of the Permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the Permit. When made less than thirty (30) days before the expiration date, the expiration of the Permit will -not be stayed. Applications for renewal shall be acted on as provided in this Article 2 for action upon applications for Permits. SECTION 924.070 TRANSFER OF ADULT - ORIENTED BUSINESS PERMITS. (a) A permittee shall not operate an Adult - Oriented Business under the authority of an Adult- Oriented Business Permit at any place other than the address of the Adult - Oriented Business stated in the application for the Permit. (b) A permittee shall not transfer ownership or control of an Adult- Oriented Business or transfer an Adult - Oriented Business Permit to another person unless and until the transferee obtains an amendment to the Permit from the City Clerk stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Clerk in accordance with Sections 124.044 and 124.050, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Clerk determines in accordance with Section 124.060 that the transferee would be entitled to the issuance of an original Adult- Oriented Business Permit. (c) No Permit may be transferred when the City Clerk has notified the permittee that the Permit has been or may be suspended or revoked. (d) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the Permit small be deemed revolted. SECTION 124.080 ADULT - ORIENTED BUSINESS PERFORMER PERMIT. (a) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an Adult- Oriented Business, 19 without a valid Adult- Oriented Business Performer Permit issued by the City. All persons who have been issued an Adult - Oriented Business Permit shall promptly supplement the information provided as part of the application for the Permit required by Section 124.030, with the names of all Performers required to obtain an Adult - Oriented Business Performer Permit, within thirty (30) days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension and/or revocation of the Adult - Oriented Business permit. (b) The City Clerk shall grant, deny and renew Adult Business Performer Permits. (c) The application for an Adult - Oriented Business Performer-Permit shall be made on a form provided by the City Clerk. An original and two copies of the completed and sworn permit application shall be filed with the City Clerk. (d) The completed application shall contain the following information and be accompanied by the following documents: (1) The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant; (2) Age, date and place of birth; (3) Height, weight, hair and eye color; (4) Present residence address and telephone number; (5) Whether the applicant has ever been convicted of. (I) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered; or (ii) The equivalent of the aforesaid offenses outside the State of California. (6) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. 20 (7) State driver's license or identification number; (8) Satisfactory written proof that the applicant is at least eighteen (18) years of age; (9) The applicant's fingerprints on a form provided by the Police Department, and a - - color photograph at least 2" x 2" clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; (10) If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed. (e) The application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council. (f) Upon receipt of a completed application and payment of the application fees, the City Clerk shail immediately stamp-the application as complete and promptly investigate the application. SECTION 124.090 INVESTIGATION AND ACTION ON APPLICATION. (a) The City Clerk shall, within five (5) days of submission of an application determine whether the application is complete. If the City Clerk determines that the application is incomplete or that the applicant has completed the application improperly, the City Clerk shall promptly notify the applicant of such fact and grant the applicant an extension of time to complete the application properly. In addition, the applicant may request an extension of the time for the City Clerk to act on the application. The time period for granting or denying a Permit shall be stayed during the period in which the applicant is granted an extension of time. (b) Within five (5) days after receipt of the properly completed application, the City Clerk shall grant or deny the application and so notify the applicant as follows: (1) The City Clerk shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (2) If the application is denied, the City Clerk shall attach to the application a statement of the reasons for denial. (3) If the application is granted, the City Clerk shall attach to the application an Adult - Oriented Business Performer Permit. 21 (4) The application as granted or denied and the Permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application. .. (c) The City Clerk shall grant the application and issue the Permit unless the application is denied for one or more of the reasons set forth in subsection (e) of this section. (d) if the City Clerk grants the application or if the City Clerk neither grants nor denies the application within five (5) days after it is stamped as complete (except as provided in Section 124.090(x), the applicant may begin performing in the capacity for which the License was sought. (e) The City Clerk shall deny the application for any of the following reasons: (1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application -for a Permit 'or in any report or document required to be filed with the application; (2) The applicant is under eighteen (18) years of age; (3) The Adult - Oriented Business Performer Permit is to be used for performing in a business prohibited by State or City law. (4) The applicant has been registered in any state as a prostitute. (5) The applicant has been convicted of any of the offenses enumerated in Section 124.080(d) (5) or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A Permit may be issued to any person convicted of the described crimes if the conviction occurred more than five (5) years prior to the date of the application. (f) Each Adult - Oriented Business Performer Permit shall expire one (1) year from the date of issuance and r,iay be renewed only by filing with the City Clerk a written request for renewal, accompanied by the application fee and a copy of the Permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the Permit. When made less than thirty (30) days before the expiration date, the expiration of the Permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for Permits. 22 SEC. 124.100 SUSPENSION OR REVOCATION OF ADULT - ORIENTED BUSINESS PERMITS AND ADULT - ORIENTED BUSINESS PERFORMER PERMITS. An Adult- Oriented Business Permit or Adult- Oriented Business Performer Permit may be suspended or revoked in accordance with.the - procedures and standards of this Section. (a) On determining that grounds for Permit revocation exist, the City Clerk shall fumish written notice of the proposed suspension or revocation to the Permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the Permittee, or shall be delivered to the Permittee personally, at least ten (10) days prior to the hearing date, Hearings shall be conducted in accordance with procedures established by the City Clerk, but at a minimum shall _ include the following: (1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross - examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable.time for the convenience of a party or a witness. The City Clerk's decision may -be appealed in accordance with Section 124.110. (b) A Permittee may be subject to suspension or revocation of his or her Permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the Permittee, or an employee, Performer, independent contractor, agent, partner, director, stockholder, or manager of an Adult- Oriented Business: (1) The Permittee has knowingly made any false, misleading o_ r fraudulent statement of material facts in the application for a Permit, or in any report or record required to be fled with the City. (2) The Permittee, employee, agent, partner, director, stockholder, or manager of an Adult - Oriented Business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the Adult- Oriented Business, or in the case of an Adult- Oriented Business Performer, the permittee has engaged in one of the activities described below while on the premises of an Adult- Oriented Business: 23 (i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation. (ii) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur. (iii) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code. (iv) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code. (v) Ark act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4. (vi) Any conduct prohibited by this Chapter. For the purposes of this section, an Adult - Oriented Business Permittee has knowingly permitted a violation when a violation occurs any time after having received written notice of a previous violation. (3) Failure to abide by an disciplinary action previously imposed by an appropriate City official. (c) After holding the hearing in accordance with the provisions of this Section, if the City Clerk finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Clerk shall impose one of the following: (1) Suspension of the Permit for a specified period not to exceed six months; (2) Revocation of the Permit. SECTION 124.110 APPEAL OF DENIAL., SUSPENSION OR REVOCATION. After denial of an application for an Adult- Oriented Business Permit or an Adult - Oriented Business Performer Permit, or after denial of renewal of a Permit, or suspension or revocation of a Permit, the applicant or person to whom the Permit was granted may seek review of such administrative action by the City Manager in the manner provided herein. Any person seeking to appeal a decision of the City Clerk shall file a written notice of appeal with the City Clerk no later 24 than fifteen (15) days after the date of the notice denying the application or permit renewal or imposing the suspension or revocation. The notice shall state, with specificity, the specific factual and legal basis of the appeal. The City Clerk shall, within ten (10) days, schedule a hearing before the City Manager or his or her designee and notify the appellant, in writing, of the day, time and location of the hearing which shall be held no later than thirty (30) days from the date the appeal had been fled. The appeal. shall be conducted in accordance with the same procedures established by the City Clerk pursuant to Section 124.100(a). The City Manager shall provide the appellant with a written decision within ten (10) days of the conclusion of the hearing. If the denial, suspension or revocation is affirmed on review, the applicant, Permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094,5. The City shall make all reasonable efforts to expedite judicial review, if sought by the Permittee. ARTICLE 3. FACILITIES AND EMPLOYEES. SECTION 124.120 ADULT -ORIENTED 13USINESS DEVELOPI1i'IENTAND PERFORMANCE STANDARDS, (a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of Baldwin Park. (b) No Adult - Oriented Business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to "Specified Sexu.Al Activities" or "Specified Anatomical Areas" from any location outside the building of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. (c) All off - street parking area and premise entries of the sexually - oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the Adult - Oriented Business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the sketch or diagram of the premises required by Section 124.040. 25 (d) The premises within which the Adult - Oriented Business is located shall provide sufficient sound absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right -of way or within any other building or other separate unit within the same building. (e) Except for those businesses also regulated by the Califomla Department of Alcoholic Beverage Control, an Adult - Oriented Business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day. (f} The building entrance to an Adult - Oriented Business shall be clearly and Iegibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall be constructed and pasted to the satisfaction of the City Clerk or designee. No person under the age of eighteen (18)'years shall be perm'- itted within the premises at any time. {g} All indoor areas of the Adult - Oriented Business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times. (h) Any Adult - Oriented Business which is also an "adult arcade ", shall comply with the following provisions: (1) The interior of the premises shall be configured in such a manner that there is an unobstructed view with the naked eye, and without the aid of any cameras, mirrors or other devices from a manager's station which is no larger than thirty -two (32) square feet of floor area with no single dimension being greater than eight (8) feet and which is located in a public portion of the establishment of every area of the premises to which any patron is permitted access for any purpose, including but not limited to the entire interior of Individual Viewing Area, but specifically excluding restrooms. Restrooms may not contain video reproduction equipment. The view required in this subsection must be direct line of sight from the manager's station. (2) The view area specified in subsection (5) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an'area in which patrons will not be permitted. (3) No Individual Viewing Area may be occupied by more than one person at any one time. 26 (4) The walls or partitions between Individual Viewing Areas or booths shall be maintained in good repair at all times, with no holes or other openings in any wall or partition of any individual Viewing Area such as to allow physical contact through a partition between the occupant of any such Individual Viewing Area and a person on the outside. All Individual Viewing Areas shall be separated from other Individual Viewing Areas by a five foot (5') buffer. (5) Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such Individual Viewing Area or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths. (6) The floors, seats, walls and other interior portions of all1ndividual Viewing. Areas shall be maintained clean and free from waste and bodily secretions. (i) All areas of the Adult- Oriented Business shall be illuminated at a minimum of the following foot candies, minimally maintained and evenly distributed at ground level: Area FQQtcandles Bookstores and other retail establishments Theaters and Cabarets Arcades Motels /Hotels Modeling Studios 20 5 (except during performances which times lighting shall be at least 1.25 foot - candles) 10 20 (in public areas) 20 () The Adult - Oriented Business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. 27 (k) The following additional requirements shall pertain to Adult- Oriented Businesses providing live entertainment depicting Specified Anatomical Areas or Involving Specified Sexual Activities: (1) No person shall perform live entertainment for patrons of an Adult - Oriented Business {"entertainer:') except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons, and no patron shall be permitted within ten (10) feet of the stage while the stage is occupied by an entertainer. (2) The Adult - Oriented Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainer—' use. "Entertainer" shall mean any person who is an employee or independent contractor of the Adult - Oriented Business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an Adult - Oriented Business. (3) The Adud- Oriented Business shall provide an entrance /exit for entertainers which is separate from the entrance /exit used by patrons. (4) The Adult - Oriented Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the Adult- Oriented Business shall provide a minimum three (3) foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. (5) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises, including the parking lot, of the Adult- Oriented Business. (6) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection. (7) No patron shall directly pay or give any gratuity to any entertainer. (8) No owner or other person with managerial control over an Adult - Oriented Business (as that term is defined herein) shall permit any person on the premises of the Adult- Oriented Business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque coverage, and/or the female breast with less thana fully opaque 28 coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered, (1) Adult- Oriented Businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards: (1) Adult - Oriented Businesses featuring live entertainment shall provide at least one (1) security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty -five (35) persons, an additional security guard shall be on duty. One (1) additional security guard shall be added for each additional Increase in occupancy df thirty -five (35) persons. (2), Security guards for other Adult - Oriented Businesses shall be required at a ratio of one (1) guard for every 100- person occupancy limit. (3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Securely guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. The foregoing applicable requirements of this Section shall be deemed conditions of Adult - Oriented Business Permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the Permit issued pursuant to these regulations. SECTION. 124.130 REGISTER AND PERMIT NUMBER OF EMPLOYEES. (a) Every permittee of an Adult - Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police office or health officer of the City of Baldwin Park. SECTION 124.140 DISPLAY OF PERMIT AND IDENTIFICATION CARDS. (a) Every Adult - Oriented Business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such F 29 r Adult- Oriented Business in a conspicuous place 80 that the same may be readily seen by all persons entering the Adult - Oriented Business. (b) The City Clerk shall provide each Adult- Oriented Business Performer required to have a Permit pursuant to the chapter, with an identification card containing the name, address, photograph and permit number of such performer. (c) An Adult - Oriented Business Performer shall have such card available for inspection at all times during which such person is on the premises of the Adult - Oriented Business. SECTION 124.160 EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS PROHIBITED. (a) It shall be unlawful for any permittee, operator, or other person in charge of any Adult-Oriented Business to employ, -or provide any service for which it requires such permit, to any person who is not at least eighteen (18) years.of age. (b) It shall be unlawful for any permittee, operator or other person in charge of any Adult - Oriented Business to permit to enter, or remain within the Adult - Oriented Business, any person who is not at least eighteen years of age. ARTICLE 4. MISCELLANEOUS PROVISIONS SECTION. 124.160 INSPECTION. An applicant or Permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Division, or other City Departments or Agencies to inspect the premises of an Adult - Oriented Business for the purpose of insuring compliance with the law and the development and performance standards applicable to Adult- Oriented Businesses, at any time it is occupied or opened for business. A person who operates an Adult - Oriented Business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. SECTION 124.170 REGULATIONS NONEXCLUSIVE. The provisions of this article regulating Adult - Oriented Businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Baldwin Park. 30 N SECTION 124.180 EMPLOYMENT OF PERSONS WITHOUT PERMITS UNLAWFUL. It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an Adult- Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked Adult- Oriented Business Performer Permit. SECTION 124.190 TIME LIMIT FOR FILING APPLICATION FOR PERMIT. All persons who possess an outstanding business license heretofore issued for the operation of an Adult- Oriented Business and all persons required by this chapter to obtain an Adult - Oriented Business Performer Permit, must apply for and obtain such a permit within ninety (90) days of the effective date of this chapter. Failure to do so and continued operation of an Adult- Oriented Business, or the continued performances depicting specified anatomical areas or specified sexual activities in an Adult- Oriented Business after such time without a permit shall constitute a violation of this chapter. SECTION 124.200 SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof if for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. ECJION 8. -CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING. The City Council finds that this ordinance is enacted in order to mitigate the threat posed to the public peace, health, or safety by Adult - Oriented Businesses. In this regard, the findings set forth in Section 1 of this ordinance are incorporated herein by reference. This ordinance either provides for the amendment of existing regulations applicable to Adult - Oriented Businesses or, for the first time, provides for zoning regulations which are specifically applicable to Adult - Oriented Business uses. Such uses are already allowed under the City's existing zoning regulations. Therefore, it can be seen with certainty that there is'no possibility that this vrdinahce -may have la tignificarit adverse effect on the environment, and therefore the adoption of this ordinance is exempt from CEQA pursuant to Section 16061(b) (3) of the CEQA guidelines. SECTION 9. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. 31 SECTION 1Q. PUBLICAT[QN, At least two (2) days prior to its final adoption, notice shall be published once in the San Gabriel Valley Tribune, the official newspaper of the City of Baldwin Park, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted. PASSED APPROVED AND ADOPTED this s! UUtp %:t , 1 C MA' ATTEST: LINDA L. GAIR, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF BALDWIN PARK ) I, LINDA L. LAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1117 was regularly intorduced and placed upon its first reading at a regular meeting of the City Council of the City of Baldwin Park on August 21, 1996. That htereafter, said Ordinance was adopted at a regular meeting of the City Council on September 4 , 1996 and was carried by the following roll call vote, to wit: NOES : NONE ABSTAIN : NONE 32 a r r ATTACHMENT #3 ORDINANCE 1169 - (BEGIN ON P. 15) ORDINANCE NO. 1169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO THE MUNICIPAL CODE SECTIONS 118.01 THROUGH 118.22 "MASSAGE PARLORS" AND VARIOUS SECTIONS OF CHAPTER 153 ADDING DEFINITIONS PERTAINING TO ACUPRESSURE AND MASSAGE PARLOR BUSINESSES, APPLICATION ` -- - REQUIREMENTS, LICENSING REQUIREMENTS, REGULATIONS AND SPECIFIC LOCATION CRITERIA FOR THESE TYPES OF ESTABLISHMENTS (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC -143) THE CITY COUNCIL OF THE CITY OF BALDWIN DOES HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determines and declares as follows: WHEREAS, the City of Baldwin Park (hereinafter "Applicant ") heretofore filed an application ("Application") requesting approval of amendments to Sections 118.01 through 118.22 "Massage Parlors" and various sections of Chapter 153 adding definitions pertaining to acupressure and massage parlor businesses, application requirements, licensing requirements, regulations and specific location criteria for these types of establishments; and WHEREAS, on January 17, 2001 the City Council conducted a duly noticed public hearing upon said application; and WHEREAS, the proposed changes provide for the protection of health, safety, and welfare of the residents of Baldwin Park; and WHEREAS, the permit requirements and restrictions imposed by these regulations are reasonably necessary to protect the health, safety, and welfare of the citizens of the City; and WHEREAS, the City is authorized, by virtue of the Constitution of the State of California, and Section 51031 of the California Government Code, to regulate massagelacupressure establishments by imposing reasonable standards relative to the skill and experience of massagelacupressure operators and technicians and imposing reasonable conditions on the operation of the massagelacupressure establishment; and WHEREAS, there is a significant risk of injury to clients by improperly trained and/or educated massage technicians and these amendments provide reasonable safeguards against injury and economic loss; and WHEREAS, there is opportunity for acts of prostitution and other unlawful sexual activity to occur in massagelacupressure establishments. The establishment Ordinance 1169 - Page 2 of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity; and WHEREAS, the City Council conducted a duly noticed hearing upon said matter, and based upon the eviidence presented, it was determined that the public interest, necessity, convenience and general welfare require the approval of the amendments to the Municipal Code. SECTION 2, That Section 118.01 'DEFINITIONS" is hereby amended to apply the following definitions unless the context clearly indicates or requires a different meaning. "Acupressure" is an ancient non - invasive healing art that uses the fingers and hands to press key points on the surface of the skin. Acupressure uses the same points and meridians (patterns of energy flow) as acupuncture, but instead of needles, treats with varying degrees of pressure applied by the fingers and hands. "Adult Oriented Merchandise" means any sexually oriented implements, paraphernalia or novelty items, such as, but not limited to ; condoms, diidos, sexually - oriented vibrators, sexually- oriented lubricants, which are designated or marketed primarily for the stimulation of human genital organs. "Chief of Police" means the Chief of Police of the City of Baldwin Park, or his designee. "City" means the City of Baldwin Park. "City Council" means the City Council of the City of Baldwin Park. "Chief Executive Officer" means the Chief Executive Officer of the City of Baldwin Park, or his or her designee. "Conviction," or "convicted" means a guilty plea, guilty verdict or a conviction following a plea of nolo contendere. "Customer area" means areas open to customers of the establishment or the general public. "Employee" means any and all persons, other than a massage technician, operator or manger, who renders any service, with or without compensation, for the owner, operator, manager or agent of either an owner, operator or manager of a message establishment and who has no physical contact with customers or clients. For purposes of this chapter the term "employee" shall include independent contractors. "Health Department" means the Health Care Agency of the County of Los Angeles. "Lobby" means one room or designated area, adjacent to the public entry, which is used for an entry and/or waiting room for customers or other persons authorized to enter the premises. Ordinance 1169 - Page 3 "Manager" means the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day -to- day operations with corresponding liabilities and responsibilities. Evidence of management includes,.but is not limited to, evidence that the individual has the power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manger may also be an owner. A manager must meet the standards and qualifications to qualify as a manager. "Massage" means any method of treating the external parts of the human body for remedial health, hygienic relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or any other manner of touching external parts of the human body with the hands, or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this type of business or trade. "Massage" also means -and includes the method of treating the superficial, soft parts & the human body commonly known as "acupressure ". "Massage establishment" means any enterprise or establishment having a fixed place of business conducted within the City of Baldwin Park, were any person, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, M carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a message, bath or health treatment involving massages or baths including but not limited to formentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fermentation, or any other type of bath. "Massage room" means a cubicle, booth, room or enclosed or semi - enclosed area within a message establishment where massage services are performed on patrons. "Technician" means any person who administers to another person a massage as defined herein, within a massagelacupressure establishment for any form of consideration or in exchange for anything of value whatsoever. The term's "massage therapist," massage practitioner," massage trainee ", "masseur" or "masseuse" as included within this definition for purposes of this chapter. "Operator" means all person who have an ownership interest in the massage establishment. A operator may also be a manager or an owner. A proposed operator shall provide all the information required for and meet all of the standards to qualify as an operator. "Operator's permit" means the permit issued pursuant to the provisions of this chapter required to operate andlor manage a massage establishment. Ordinance 1169 - Page 4 "Out Call Massage" means a massage performed or administered for money or other consideration by a licensed massage technician at a location other than a licensed massage establishment. "Owner" means the individual(s) whose name appears on the City business license and includes any and all persons who have any ownership interest in a massage establishment. An owner may also be a operator or manager. "Person" means any natural person, individual, or corporation, partnership, association or other group or combination of individuals acting as an entity. "Police Department" means the Police Department of the City of Baldwin Park or their designee. "Qualified Massage Association" means any association which meets all of the following criteria: (1) Has established, a minimum education requirement for membership, the completion of at least five hundred (500) hours of training from a recognized school of massage, and has a written and practical testing of equivalency administered and overseen by its admissions committee or by a national certified program endorsed by the National- Commission for Certifying Agencies (NCAA), which will be considered in . lieu of the minimum education requirement of five hundred (500) hours; (2) Offers and requires participation and completion by members of a minimum of twenty (20) hours of specified continuing education per year as a condition of continuing membership; (3) Is Open to members of the general public, meeting the requirements for membership on a national basis; (4) Has minimum educational requirements or equivalents, including at least five hundred (500) classroom hours or its equivalent in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR. Equivalency must be verified by written and practical testing by the association; (5) The association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of such rules. "Recognized school of massage" means any school or institution of learning which teaches, through State Certified Instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code, including but not limited to Sections 94900 or 94905, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course no requiring personal attendance shall not be deemed a recognized school. Ordinance 1169 - Page 5 0 SECTION 3. That Section 118.02 "PERMIT REQUIRED" is hereby amended to read as follows: It shall be unlawful for any person to engage in, conduct or carry on, or to permit the engagement in, conduct of or carrying on of the business or operation of a massagelacupressure establishment within the City without first obtaining an operator's permit pursuant to the provisions of this Chapter, and complying with all other applicable provisions of this Code, including but not limited to securing the necessary business license and complying with applicable business and zoning regulations of this Code. SECTION 4, That Section 118.03 "APPLICATION FOR PERMIT" is hereby amended to read as follows: A. Any person desiring to obtain a permit to operate a massagelacupressure establishment shall submit a written application under penalty of perjury on the required form to the Chief of Police who shall conduct an investigation. The application shall be -accompanied by an non - refundable filing The established by separate resolution of the City Council to help defray the cost of the investigation required by this chapter. B. The application shall be completed and signed by the owner /operator of the proposed massage establishment if a sole proprietorship or if the applicant is a S corporation or partnership, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an individual applicant under this Chapter. C. . The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this Code or ordinance hereafter adopted. Only one application fee shall be charged regardless of the number of owners or operators designated in the application. D. The application for a permit does not authorize the operation of a massagelacupressure establishment unless and until such permit has been properly granted, nor does the possession of a valid massage establishment permit authorize the possessor to perform for work for which a massage technician permit is required. E. The application for a massage establishment permit shall contain or be accompanied by the following information: 1. The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise. a. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the State and date of incorporation and the names and residence addresses of each of its current officers, directors and each stockholder holding more than five percent of the stock of that corporation. Ordinance 1169 - Page G b. if the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. c. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of the subsection pertaining to corporation shall apply. 2. The true full and precise name under which the massage establishment is to be conducted. 3. The present or proposed address where the massagelacu pressure establishment is to be conducted. 4. A complete current list of the names and residence addresses of all proposed massage /acupressure technicians, aides, trainees and other employees who are or will be employed in the massage establishment if known. if not known at the time of submission of the application, -the applicant shall provide the requirud information no later than ten(10) calendar days prior to opening for business. 5. The name and residence address of the proposed operator or manager who will be principally in charge of the operation of the massage establishment. 6. A description of any other business operated on the same premises as the proposed massagelacupressure establishment, or within the City or the State which is owned and/or operated by the owner or operator. 7. The name and address of the owner and lessor of the real property upon or in which the proposed business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his/her property. 8. The complete business, occupation and employment history for eight years proceeding the date of application, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant. 9. The complete permit history; whether such person has ever had any similar type of permit or license issued by an Agency, Board, City, County, Territory or State; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever been required to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefore. 10. All criminal convictions, including pleas of nolo contendere, within the last ten years including those convictions, and the date and place of each such conviction and reason therefore. ordinance 1169 - Page 7 11. A complete set of fingerprints of the applicant taken by the Police Department. The applicant shall be responsible for payment of any fingerprinting fee. 12. A certificate from a medical doctor stating the applicant and any person who will T be directly engaged in the proposed operation, has within thirty (30) days immediately prior thereof been examined and found to be free of any contagious or communicable disease. 13. Two (2) portrait photographs of the applicant at least two (2) inches in size taken within the last month. 14. Authorization for the City, its agents and employees to seek verification of the information contained in the application. 15. Such other identification and information as the Chief of Police may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the. application. 16. A statement in writing and dated by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct. 17. A certificate of compliance from any affected Department or Agency, including but not limited to, the City's Planning Division, Building Division and the Los Angeles County Health Department must be submitted prior to the application's final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the certificates of compliance are not received by the Chief of Police within ninety (90) calendar days of the date of titling of application, said application shall be deemed incomplete and voided. If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to massage establishment permit becoming effective. F. Every owner and operator shall also provide the following personal information: The full, true name and all aliases used; 2. Date and place of birth, California driver's license, California identification card, Social Security card and resident alien card, if applicable. 3. The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address; 4. Acceptable written proof that the owner and /or operator is at least (18) years ® of age; 5. Height, weight, gender and color of eyes; Ordinance 1169 - Page 8 G. If, during the term of a permit, the permitee has any change in information submitted on original or renewal application, the permitee shall notify the Chief Executive Officer and the Police Department in writing of any such change within ten (10) business days thereafter. SECTION 5. That Section 118.04 "ISSUANCE; DENIAL." is hereby amended to add conditions to read in its entirety as follows: A. Upon receipt of a complete written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether a permit should be issued as requested. The Chief of Police shall, within sixty (60) calendar days of receipt of an application, approve, conditionally approve, or deny the application. The sixty (60) day period may be extended, at the discretion of the Chief of Police, for up to thirty (30) additional calendar days, if necessary, to complete the investigation. The Chief of Police shall issue a permit as requested, unless he/she makes any of the following findings: 1. The applicant, or any of the officers or directors of the corporation, a partner or any person directly engaged or employed in the establishment, has within eight years preceding the date of application: a. Been convicted of a violation of any provision .of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or conduct in violation of California Penal Code Sections 266h, 2669, 314, 315, 316, 318, subsections (a), (b) or (d) of Penal Code Section 647, or convicted of an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Sections 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage. b. Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058. c. Been convicted of any offense in any other state which is the equivalent of any of the above mentioned offenses. d. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction of the State of California. e. Committed an act in another jurisdiction which, if committed in this State, would have been a violation of law and, which, if done by a permittee Ordinance 1165 - Page 9 under this Chapter, would be grounds for denial, suspension or revocation of the permit. f. Has had a massagelacupressure operator or massagelacupressure technician permit or other similar license or permit denied, suspended or revolted for cause by the City, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked. g. Has engaged in conduct which would constitute grounds for suspension or revocation under this chapter. 2. The owner and/or operator has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process. 3. The application does not contain all of the information required by Section 118.03. 4. The owner and/or operator is not at least eighteen (18) years of age. 5. The establishment as proposed does not comply with all applicable California laws, including, but not limited to, health, zoning, fire and safety requirements and standards. 6. The required fee(s) has not been paid and/or all other requirements of this Chapter have not been satisfied in the time period specified. B. If the application is denied for failure to comply with this section, the applicant may not reapply for a period of six (6) months from the date the application was denied. C. If the Chief of Police, upon completion of the investigation, determines that the applicant does not fulfill the requirements as set forth in this Chapter, the Chief of Police shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth Section 30.04 of this Code. SECTION 6. That Section 118.05 "NEW EMPLOYEES" is hereby amended to read as follows: A. Each permitee prior to employing any person who will be directly engaged in the massagelacupressure operation, after issuance of a permit, shall file with the Chief of Police, an information form relating to the proposed employee, in a form prepared for that purpose by the Chief of Police. A filing and processing fee as set by resolution of the City Council shall be paid to the Director of Finance. Upon receipt of the form and evidence that the processing fee has been paid, the Chief of Police shall conduct an investigation to determine whether the proposed employee is qualified pursuant to 118.03. If the person is so qualified, the Chief of Police, by written notice to the permittee, shall add such person's name to the list of persons authorized to engage in the permitted massage parlor operation. Where, as a result of his investigation, the Chief of Police determines that the proposed employee does Ordinance 1169 - Page 10 not qualify pursuant to 118.03, he shall give notice of such decision to the permittee and the proposed employee within 30 calendar days from receipt of the application. • The permittee only shall have the right of appeal, from the decision, to the City Council, taken in the time and manner set forth in Section 30.04 of this Code. B. - Chief Executive Officer and Chief of Police shall be notified in writing within twenty -four (24) hours of any change in personnel of massage /acupressure technicians. SECTION 7. That Section 118.16 "MASSAGING MINORS" is hereby deleted and amended to read as follows: 118.16 OPERATING REQUIREMENTS All owners and operators shall comply with the following general conditions and any other conditions specified by the Chief of Police. A. Except to the extent required, in writing, by a State - licensed medical practitioner, no - massagelacupressure technician or employee shall massage the genitals, gluteai fold, or anal ear of any patron or the breasts of any female patron, nor shall any operator or manager of a massagelacupressure establishment allow or permit such a massage to the above specified areas. A massage shall not be given and no patron shall be in the presence of a technician, operator, manager or other employee of a massage establishment unless the patron's genitals, gluteal fold, anus, if a female patron, the patron's breasts, are fully covered by a non - transparent covering. 13. No person either an employee or patron, may expose his or her human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, or male genitals to any other individual on the premises; and G. No person granted a permit pursuant to this chapter shall use any name or conduct business under any designation not specified in his or her permit. D. No person shall give or assist in the giving, of any massage to any person under the age of eighteen (18) years, unless the parent or guardian of the minor person has consented thereto in writing. E. All massage /acupressure establishment requirements required to be licensed under this chapter shall have a manager on the premises at all times the establishment is open. The operator of each massage establishment shall file a statement with the Chief of Police designating the person or persons with power to act as a manager. The operator and/or on duty manager shall post, on a daily basis, the name and photograph (a minimum size of 4" x 6 ") of each on -duty manager and each on -duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance of this chapter. F, The operator's permit shall be displayed in a conspicuous public place in the lobby of the massage establishment. Ordinance 1169 - Page 1 G, The hours of operation must be posted in the front window and clearly visible from the outside. The maximum hours of operation of the massage /acupressure establishment shall be Monday through Sunday, 9:00 a.m. to 9:00 p.m. H. No massagelacupressure establishment required to be licensed under this chapter shall open for business without having at least one massage technician who holds a current valid massage technician's permit for that specific massage establishment. There shall be at least one massage technician who holds a current valid massage technician's permit on the premises, and on duty, at all times when the establishment is open. 1. The operator and /or manager shall ensure that the technician permit for each on -duty massagelacupressure technician is conspicuously displayed in a public place in the lobby and that each massage technician is wearing, or has on their person, an identification at all times when working in the massage establishment. Such identification shall be provided to a city official upon demand. - I - An operator and/or manager shall be responsible for the conduct of all" employees while they are on the massagelacupressure establishment premises. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator or manager for purposes of determining whether the operator's license shall be revoked, suspended, denied or renewed. K. No operator and/or manager shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this chapter. Every operator or manager shall report to the Chief of Police any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Chief of Police. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) calendar days -of the date of hire or termination. The operator or manager shall deliver notice of the termination of any massage technician no longer employed by the operator or manager to the Chief of Police within (5) calendar days of termination, L. All persons employed in the massage establishment shall be fully clothed at all times. Clothing shall be fully opaque, non- transparent material and shall provide complete covering from at least mid -thigh to at least three inches below the collar bone. Massage technicians shall wear fully buttoned or otherwise fully fastened opaque smocks over street clothing while performing massage services. M. The operator and /or manager shall maintain a register of all employees. The employee register shall be maintained on the premises for a minimum period of two years following an employee's termination. The operator and/or manager shall make the employee register immediately available for inspection upon demand of a ® City Official or representative of the Police Department at all reasonable times. The employee register shall include, but not be limited to the following information: Ordinance 1168 - Page 12 (1) The name, nicknames and/or aliases used by employee. (2) The employee's home address and relevant phone numbers (including but not limited to home, cellular and pager numbers). (3) The employee's age, date of birth, gender, height, weight, color of hair and eyes. (4) The employee's social security number. (5) The date of employment and termination, if any. (6) The duties of each employee. N. No massage /acupressure establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. Q. At all times, the operator, manager and employees shall comply with all provisions of this chapter and any applicable provisions of this Code. P. No persons shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the City Clerk, in full force and effect at all times, a policy of insurance issued by an insurance company authorized to do business in the State of California evidencing that the permittee is insured under a liability insurance policy providing minimum coverage of one million dollars ($1,000,000.00) for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage. Q. No person or persons shall be allowed to reside, dwell, occupy or live inside the massage establishment at any time. Living quarters, if any, shall be completely separate from the massage establishment. No cooking or food preparation of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the City of Baldwin Park and/or the County of Los Angeles and a full service kitchen is installed. Such a kitchen, if any, shall be for the sole use of employees, and shall be installed in an "employees only" area. The full service kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a stove and sufficient cabinets to store cooking utensils. R, No person shall enter, be in or on, or remain in or on, any part of a massage establishment while in possession of , consuming, using or under the influence of, any alcoholic beverage or controlled substance. The operator and/or manager shall be responsible to ensure that no such person shall enter or remain upon the premises of the massage establishment. Service of alcohol beverages shall not be permitted. S. The use and possession of adult oriented merchandise in or on any part of a massage establishment is expressly prohibited. Ordinance 1169 -Page 13 T. Each manager and acupressure technician shall display their respective permit in a conspicuous location that is clearly visible. U. Each permittee shall have on the premises at all times a valid California - Department of Motor Vehicles identification to be shown to any City official immediately upon request. V. If an owner or operator also desires to act as a massage /acupressure technician, he or she shall also satisfy the requirements for the respective permit set forth in this Chapter. Val. No acupressure technician shall be permitted -, pursuant to the required conditional use permit, to perform any massage and/or acupressure service in any location other than that location specified on the permit as required by Section 118.03 of the City's Municipal Code. X. Every owner, manager or employee must have a maintain a separate valid permit as stated in Section 118.03 of the City's Municipal Code. SECTION 7. That Section 118.18 "LIGHTING AND VENTILATION" is hereby amended to read as follows: 118.18 FACILITIES Each permitee shall provide, in each room, or portion of a room, where massages . are given, sufficient lighting and ventilation as required by the building regulations of the City A. At least one (1) artificial light of not less than a sixty (60) watt bulb, or equivalent light, in accordance with the building code, shall be hung from the ceiling directly above any work table or booth where services are being performed on a patron. B. A minimum of one separate wash basin shall be provided for each acupressure technician who works at the establishment at any one time. Such basin shall provide soap or detergent and shall be located as close as practicable to the area devoted to the administration of services. C. Hot and cold running water shall be provided at all times. D. Separate permanently installed closed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked "Clean Linen" and "Soiled Linen ".. E. All walls, ceilings, floors, sinks, pools, shower, bathtubs, steam rooms and other physical facilities shall be kept in a clean and sanitary condition. All facilities shall be kept in good repair. F. Minimum ventilation shall be provided in accordance with the most recently adopted building code. Ordinance 1169 - Page 14 G. Each treatment room door shall have a view window installed. This window shall be made of clear glass located at least five (5) feet above the floor and with a minimum size of twelve inches by twelve inches. All view windows shall be kept clear with no obscuring materials of any type at any time. H. Tinted or one -way glass in any room or office shall be prohibited. I. No services shall be within any cubicle, room, booth or other area which is fitted with a door capable of being locked. J. Electronic locking devices shaii not be utilized on any door within the establishment. K. Massage and acupressure services shall use standard or portable massage tables that are a minimum of thirty (30) inches in height with a durable, washable plastic or other waterproof material as a covering. foam pads cumulating more than four (4) inches thick or more than, four (4) feet wide shall not be utilized. Beds, mattresses and water beds shall not be utilized in the administration of massage or acupressure services. L. No part of the establishment where the services are being conducted shall be equipped with any device for the recording or videotaping for monitoring activities, conversation, or other sounds in the treatment rooms or rooms used by the patrons. M. The entire premises shall be maintained in a neat and orderly manner and shall be open to view in its entirety for inspection by any City official or any law enforcement officer. SECTION 8. That Section 118.19 "DISINFECTING AND STERILIZING REQUIREMENTS" is hereby amended to read as follows: Each permitee shall provide and maintain adequate equipment for disinfecting and sterilizing of instruments used in performing the acts of massage. A. A clean sheet or other effective sanitary covering shall be placed over any table, floor or other area upon which a patron will lie in the course of receiving treatment. The sheet or other covering shall be deposited in the "Soiled Linen" cabinet at the conclusion of the treatment. B. Wet and dry heat rooms, steam or vapor cabinets, shower compartments shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be cleaned thoroughly after each use. C. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each person receiving massage /acupressure services. No common use of towels or linens shall be permitted. Ordinance 1169 - Page 15 . SECTION 9. That Section 118.20 "BATHING AND TOILET FACILITIES" is hereby amended to read as follows: Each permitee shall provide and maintain adequate bathing, dressing, locker and toilet facilities for patrons. A. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin, shall be provided. B. If male and female patrons are to be served simultaneously at the establishment, separate bathing, a separate treatment room or rooms, separate dressing rooms and separate toilet facilities shall be provided for male and female patrons. SECTION 10 That Section 1'18.23 "REQUIREMENTS PURSUANT TO ZONING CODE" is hereby added to read as follows: In addition to the regulations set forth in this Chapter, "MassagelAcupressure Establishments ", are also subject to the regulations and standards set forth in Section 153.442 of the City's Zoning Code. SECTION 11. That Chapter 153.442 of the City's Municipal Code is hereby amended to read as follows: 153.442 MASSAGEIACUPRESSURE ESTABLISHMENTS; CONDITIONAL USE PERMIT REQUIRED A. MassagelAcupressure establishments shall be permitted pursuant to Chapter 118 of this code and this section only if: (1) A conditional use permit is first obtained; (2) The real property upon which the use is proposed to be located is classified, pursuant to this code, in the C -2, General Commercial Zone; (3) No such massagelacupressure establishment is within 500 feet of any real property upon which there is located an adult business, any legal or legal non - conforming park, house of worship, educational institution, residential use or other massagelacupressure facilities; B. Each conditional use permit shall be subject to a one (1) year time limit, commencing with the issuance date of the business license, except that the applicant may submit a new application for a conditional use permit prior to the conclusion of the one (1) year time limit. If the applicant submits a new application prior to the expiration of the one (1) year time limit, the current Ordinance 1169 - Page 16 time limit shall be extended until the new application has been decided by the Planning Commission at a public hearing or decided by the City Council on appeal. C. Any violation of either conditions of approval of an approved conditional use permit or Section 118 of the City's Municipal Code shall be cause for immediate revocation of the conditional use permit, pending a hearing by the Planning Commission or City Council on appeal for possible revocation. SECTION 12. The City Council at the time of the public hearing on the above matter reviewed and considered the proposed Negative Declaration of Environmental Impact. The City Council, based upon its public review, does hereby find that said Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act and hereby recommends adoption of the Negative Declaration since there is no substantial evidence that the project will have a significaot impact on the environment. SECTION 13. That 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. PASSED, APPROVED and adopted ON THE 71" day of February 2001. • MA U LOZA A Ordinance 1159 - Page 17 0 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES y ss. CITY OF BALDWIN PARK ) I, ROSEMARY M. RAMIREZ, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced for first reading at a regular meeting of_the City Council on January 17, 2001 and adopted on second reading at a regular meeting of the City Council on February 7, 2001 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUIjgILMEMBERS: Rosemary M. Ma ire CMC Deputy City Clerk Linda Gair, Marlen Garcia, William "Bill" Van Cleave, Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano None None None ATTACHMENT #4 ORDINANCE 1330 ORDINANCE NO. 1330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SUBSECTION 1'10.04(8)(2) OF AND ADDING SUBSECTIONS 118.03(G) AND 153.442(D) TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE USES The City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Subsection 110.04(B)(2) of the Baldwin Park Municipal Code is hereby amended by adding the following at the end of that subsection to read as follows: Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of DivisiotL2,Pf;_t� e Califo nia ..BU4lness_ and Professions. Code.(commencinq with section 4600) (the "State Regulations for Massage Therapists ") and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners need not obtain the permit required pursuant to this subsection. Except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this subsection. SECTION 2. Subsection 118.03(G) is hereby added to the Baldwin Park Municipal Code to read as follows: (G) Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with section 4600) (the "State Regulations for Massage Therapists ") and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners; except for the foregoing, ail other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this Chapter. SECTION 3. Section 153.442(D) is hereby added to the Baldwin Park Municipal Code to read as follows: (D) Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with section 4600) (the "State Regulations for Massage Therapists ") and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners need not obtain the permit Ordinance No. 1330 Page 2 required pursuant to this section. Except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this section. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED on the 20Lh day of January 2010. MANUEL LOZANO MAYOR STATE OF CALIFORNIA - COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1330 was introduced at a regular meeting of the City Council held on January 6, 2010, and was adopted by the City Council at its regular meeting held on January 20, 2010, by the following vote of the Council: AYES: COUNCIL MEMBERS: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE A// f� /y 4 f! / wt;/o LAURA M. NIETO, CMC DEPUTY CITY CLERK ATTACHMENT #5 ENVIRONMENTAL DATA NEGATIVE DECLARATION AND INITIAL STUDY FCITY OF BALDWIN PARK '� NEGATIVE DECLARATION BALDWIN P. A • R . K DATE: November 29, 2010 APPLICANT: City of Baldwin Park TYPE OF PERMIT: Amendment to the Municipal Code FILE NO.: AZC -170 LOCATION OF PROJECT: All C -2, General Commercial Zoned properties within the City of Baldwin Park. DESRIPTION OF PROJECT: The request involves an amendment to the City's Municipal Code, to amend Section 153.442 which would prohibit massage uses within the C -2 General Commercial Zone within the City of Baldwin Park. It is the opinion of the ❑ EKI Zoning Administrator Planning Commission City Council Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures ❑ are attached 0 are not required q (Sign�1 at e) City Planner (Title) Date(s) of Public Notice: X Posting at three (3) locations: City Hall, Ester Snyder Community Center, and Barnes Park, November 24, 2010 and January 10, 2011 Posting of the properties X Written notice to affected business owners November 29, 2010 and January 10, 2011 C:\ftylAhSY4W0RMCEQA1Ne9 Decs1AYC- 170.doc INITIAL STUDY V-A ENVIRONMENTAL CHECKLIST FORM BAI.D_WIN P•A�R - K 1. Project Title: AZC -170 2. Lead agency name and address: City of Baldwin Park Planning Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 813 -5261 3. Contact person and phone number: Amy L. Harbin, City Planner 4. Project location: All C -2, General Commercial Zoning Designations within the City of Baldwin Park 5. Project sponsor's name and address: NIA 6. General Plan Designation: General Commercial 7. Zoning: C -2 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation, Attach additional sheets if necessary.) The City is requesting an amendment to the City's Municipal Code, to amend Section 153.442 which would prohibit massage uses within the C -2 General Commercial Zone. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: The C -2 Zones are located throughout the City. Reference the attached Figure #1, Project Location Map. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) No other public agencies other than the Planning Commission and/or City Council of the City of Baldwin Park are required to approve this project. Please see attached area map identifying the general locations of the C -2, General Commercial Zones throughout the City. CITY OF BAL DW I N PARK p 1 Miles FIGURE 1 - PROJECT LOCATION MAP AZC -170 November 23, 2010 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages: ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Biological Resources ❑ Cultural resources ❑ Greenhouse Gas Emissions ❑ Hazard & Hazardous Materials ❑ Land Use / Planning ❑ Population / Housing ❑ Transportation /Traffic ❑ Mineral Resources ❑ Public Services ❑ Utilities / Service Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ Air Quality ❑ Geology 1 Soils ❑ Hydrology /Water Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to fey the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a 'potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based the earlier analysis as described on attached sheets. An ENVIRONMENTAL 1MAPCT REPORT is required, but it must analyze only the effects that remain to be addressed, find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier E1R or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. d jaq l l o Signature Revised April 20 10 AZC -170 November 23, 2010 The explanation of each issue should identify; a) The significance criteria or threshold, if arty, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to affect designated scenic vistas or other scenic resources. No aesthetic impacts will occur. Revised April 2010 Less Than I. AESTHETICS Would the Potentially Significant With Less Than No impact project. Significant Impact Mitigation Significant Impact Incorporated a) Have a substantial adverse effect on a scenic vista? I b) Substantially damage _ scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings vvitliii a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? i a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to affect designated scenic vistas or other scenic resources. No aesthetic impacts will occur. Revised April 2010 AZC -170 November 23, 2010 II. AGRICULTURE AND FORESTRY Potentially less Than Significant With Less Than I Significant Significant No Impact i RESOURCES Mitigation i impact Impact I I Incorporated I I � In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire ;�rot.�ct�c�n regar•ii =,� f,�e rtM:�'- �in:�c�ttt�: o; . forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resource Board. Would the project: I a� ) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricuitural use? b) Conflict with existing zoning for agricultural Q use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? d) Results in loss of forest land or conversion of forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land i to non- forest? Revised kprii 2010 AZC -170 November 23, 2010 a -e) No Impact. The Project considered in this Initial Study is the adoption of an amendment to the Municipal Code, which, if approved, will remove Section 153.442 from the City's Municipal Code. The adoption of the proposed Amendment will not in itself have a detrimental effect on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.. Nor will the proposed amendment result in the loss of forest land or farmland or the conversion of these lands to non - forest or non -farm land uses. ill. AIR QUALITY Potentially Significant W. Less Than Significant With Mitigation Less Than Significant No Impact I Impact Incorporated Impact I Where available, the significance criterla established by the applicable air. quality management or air pollution control district may be relied upon to make the following I determinations. Would the pr oject: _ I a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air. quality violation? �c) Result in a cumulatively considerable net increase of any criteria pollutant for which ' the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a -e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct the implementation of any applicable air quality plans. Individual uses that may be operated pursuant to the amended Municipal Code will be considered a project under CEQA, and therefore require further environmental analysis. The adoption of the proposed Amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under any applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). The adoption of the proposed Amendment will not expose receptors to substantial pollutant concentrations. This conclusion is based on the aforementioned environmental commitments and the fact that any subsequent development projects will be assessed individually under CEQA. Furthermore, the Project itself will not create any objectionable odors. Revised April 2010 AZC -170 November 23, 2010 a -f) No Impact. The City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are known to exist within the City. As previously stated, the Project is a purely administrative act, and will not directly impact biological resources. Potentially Less Than Significant With Less Than No IV. BIOLOGICAL RESOURCES Significant Mitigation Significant impact Impact Incorporated Impact Would the project:._ a) Have a substantial adverse effect, either directly or through habitat modifications, on [� any species identified as a candidate, sensitive or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, 60 policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally a, ote -led v- tiands ?s depngd h" Section 404 of the Clean Water Act (including, Q but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurser sites? e) Conflict with any local policies or ordinances protecting biological resources, Q such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other [� approved local, regional, or state habitat conservation plan? a -f) No Impact. The City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are known to exist within the City. As previously stated, the Project is a purely administrative act, and will not directly impact biological resources. Revised April 2010 Potentially Less Than Significant With Less Than No V. CULTURAL RESOURCES Significant Mitigation Significant Impact Impact Incorporation impact Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined [� in Section 15064.5? Revised April 2010 AZC -170 November 23, 2010 V. CULTURAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant No impact Mitigation Impact p Impact Would the project. Incorporation b) Cause a substantial adverse change in the significance of an archaeological resource [✓� pursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique [✓( geological feature? d) Disturb any human remains, including [� those interred outside of formal cemeteries? a -d) No Impact. The City of development, and in this regard, within the City have either be consistent with the CEQA requi previously stated, the Project is Baldwin Park is generally many cultural resources that en successfully catalogued, rements, or been removed purely an administrative a cultural resources. affected by extensive urban may have existed at one time recovered, and/or protected and/or destroyed. Further, as ct, and will not directly impact VI. GEOLOGY AND SOILS Potentially significant Less Than Significant With Less Than Significant No Impact Mitigation Incorporated Impact impact Would the project. a) Expose people or structures to potential substantial adverse effects, including [✓� the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on [� other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? [7� iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risk to life or property? Revised April 2010 AZC -170 November 23, 2090 a -e} No Impact. Due to its administrative nature, the proposed project will not expose people or structures to potential adverse effects involving i -iv above, have any impact on any soils, or have an impact upon unstable, or expansive soils. Since the project proposal involves the elimination of a land use there will be. ho future development which would require the use of disposal systems. Potentially Less Than Significant With Less Than No VI. GEOLOGY AND SOILS Significant Mitigation Significant Impact Impact incorporated Impact e) Have soils incapable of adequately supporting the use of septic farlks or alternative waste water disposal systems Q where sewers are not available for the disposal of waste water? a -e} No Impact. Due to its administrative nature, the proposed project will not expose people or structures to potential adverse effects involving i -iv above, have any impact on any soils, or have an impact upon unstable, or expansive soils. Since the project proposal involves the elimination of a land use there will be. ho future development which would require the use of disposal systems. a -b) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. Since the proposed amendment involves the elimination of a specific land use, no future development will result as a result of this proposed project. VIII. HAZARDS AND HAZARDOUS Potentially Less Than significant With i ess Than No VII. GREENHOUSE EMISSIONS Significant Mitigation Significant Impact Impact Incorporated impact Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant Q impact on the environment? b) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water Q ` disposal systems where sewers are not available Q for the disposal of waste water? a -b) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. Since the proposed amendment involves the elimination of a specific land use, no future development will result as a result of this proposed project. VIII. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No MATERIALS Significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Create a significant hazard to the public or the environment through the routine transport, Q use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions Q involving the release of hazardous materials into the environment? Revised April 2010 AZC -170 November 23, 2010 VIII. HAZARDS AND HAZARDOUS Potentially Significant Less Than Significant With Less Than Significant No MATERIALS Impact Mitigation Impact Impact Incorporated c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the Rroject are;i? f) For a project within the vicinity of a private airstrip, would the project result in a safety Q hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation Ian? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent [� to urbanized areas or where residences are intermixed with wildlands? a -c) No Impact. Adoption of the proposed Amendment will not create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Nor will it create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. The Project will not create the potential to emit hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substances or waste within one quarter mile of an existing or proposed school. d) No Impact. Approval of the Project would not impact any sites identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. e,tj No Impact. No public or private airstrips are located within the City of Baldwin Park. The adoption of the proposed Amendment would not result in a safety hazard for people residing or working in the project area. g) No Impact. The Project does not propose, nor require, impairment or interference with an adopted emergency response plan or emergency evacuation plan. Revised Apr W 2010 AzC -170 November 23, 2010 h) No Impact. No wilderness areas exist within the City, obviating any potential wildfire hazards. Urban fire hazards within the City are largely related to structural fires, and are typically due to carelessness and/or negligence. The adoption of the proposed Amendment will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wiidland areas. IX, HYDROLOGY AND WATER Potentially Less Than Significant With less Than No QUALITY Significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or ; »terfe-re substn ^tall.: witlh ground wa+- r recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g. the production [�( rate of pre0- edisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or [� river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of a site or an area, including through the alteration of the course of a stream or Q river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or [� planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or f=lood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? Revised April 2010 AZC -170 November 23, 2010 1X. HYDROLOGY AND WATER Potentially Less Than significant With Less Than No QUALITY Significant Impact Mitigation Significant impact Impact Impact incorporated Impact i) Expose people or structures to a significant risk of loss, injury or death involving flooding, Q including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudfiow? a,f) No Impact. Approval of the Project would not violate any water quality standards, nor would it degrade water quality.-As previously stated, the Project involves only administrative changes to the - Municipal Code. b) No Impact. The Project does not have the potential to directly affect groundwater supplies or recharge. The City is generally served by local water companies (Valley County Water District, San Gabriel Valley Water Company, and Valley View Mutual Water Company), and does not substantially rely on direct groundwater wlthdravvalF c,d,e) No Impact. The City generally does not contain significant water courses. However, the San Gabriel River is located along the City's western boundary and Big Dalton Wash and Walnut Creek Wash traverse the eastern and southern portion of the City. g,h,i) No Impact. No development will be implemented with approval of this Project. As such, there is no potential for flood hazards associated with the proposed Amendment. j) No Impact. The City is not subject to significant hazards due to seiche, tsunami, or mudflow. a -c) No Impact. The proposed Amendment is a change to the requirements of the Municipal Code. If the proposed Amendment is approved, it will become part of the Municipal Code and therefore would be considered consistent. The Project proposes no changes to specific Revised Apri12010 Potentially Less Than Significant With Less Than No X. LAND USE AND PLANNING -Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Physically divide an established Q community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community [� conservation plan? a -c) No Impact. The proposed Amendment is a change to the requirements of the Municipal Code. If the proposed Amendment is approved, it will become part of the Municipal Code and therefore would be considered consistent. The Project proposes no changes to specific Revised Apri12010 AZC -170 November 23, 2010 land use designations, as such the potential to divide an established community or conflict with any land use or conservation plans does not exist. a,b) ,No Impact. The entire City of Baldwin Park has been designated by the State Geologist as a lvElr�E�i di RE;i oul-Ga 27_01 ta, G �i'v'tlti� -L), all a,-e' a wt ter'e °adequaie i4ormation indicates that significant mineral deposits are present or where it is judged that a high likelihood for their presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain aggregate resources, commonly known -as gravel. However, because the City is almost entirely built -out, all such areas containing significant resources are largely developed, and thus inaccessible. Established urban uses are incompatible with mineral extraction and/or surface mining activities. The General Plan does not identify or address mineral resources that would be of future value to the region and the residents of the State. in addition, the administrative nature of the Project precludes any impact in this regard. Potentially Less Than Significant With Less Than No XI. MINERAL RESOURCES Significant Mitigation Significant impact Significant Impact Incorporated impact Impact Would the project: impact Would the project result in: a) Result in the loss of availability of a known a) Exposure of persons to or generation of mineral resource that would be of value to the noise levels in excess of standards region and the residents of the state? established in the local general plan or noise b) Result in the loss of availability of a locally - [� ordinance, or applicable standards of other important mineral resource recovery site agencies? Q delineated on a local general plan, specific b) Exposure of persons to or generation of Ian, or other land use plan? excessive groundborne vibration or a,b) ,No Impact. The entire City of Baldwin Park has been designated by the State Geologist as a lvElr�E�i di RE;i oul-Ga 27_01 ta, G �i'v'tlti� -L), all a,-e' a wt ter'e °adequaie i4ormation indicates that significant mineral deposits are present or where it is judged that a high likelihood for their presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain aggregate resources, commonly known -as gravel. However, because the City is almost entirely built -out, all such areas containing significant resources are largely developed, and thus inaccessible. Established urban uses are incompatible with mineral extraction and/or surface mining activities. The General Plan does not identify or address mineral resources that would be of future value to the region and the residents of the State. in addition, the administrative nature of the Project precludes any impact in this regard. Revised April 2010 Potentially Less Than Significant With Less Than No XII. NOISE Significant Mitigation Significant Impact Impact Incorporated impact Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise [� ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or [� roundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the ro'ect? Revised April 2010 AZC -170 November 23, 2010 XII. NOISE Potentially Significant Impact Less Than Significant With Mitigation incorporated Less Than Significant Impact No Impact e) For a project located within an airport land Significant Mitigation Significant Impact use plan or, where such a plan has not been Impact Incorporated impact adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [✓7 f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a -d) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to directly result in noise impacts. a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve or propose displacement of any on -site or off - site housing stock. No impacts relating to displacement of housing will result from the Project. Revised April 2010 Potentially Lass cndn Significant With Less Than No XIII. POPULATION AND HOUSING Significant Mitigation Significant Impact Impact Incorporated impact Would the project: a) Induce substantial population growth in an area; either directly (for example, by proposing new homes and businesses) or indirectly (for [✓7 example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement [� housing elsewhere? a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve or propose displacement of any on -site or off - site housing stock. No impacts relating to displacement of housing will result from the Project. Revised April 2010 Azc -170 November 23, 2010 a -e) No impact. The City of Baldwin Park is generally well - served by existing fire protection, police protection, and other public services. Because of the administrative nature of the . Project, it does not have the potential to impact public services. Potentially Less Than Significant With Less Than No XIV. PUBLIC SERVICES Significant Mitigation Significant Impact Impact Incorporated Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the Q construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [� Police protection? [� school" -? u Parks? [� Other public facilities? [ a -e) No impact. The City of Baldwin Park is generally well - served by existing fire protection, police protection, and other public services. Because of the administrative nature of the . Project, it does not have the potential to impact public services. a) No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. Revised April 2010 Potentially Less Than Significant With Less Than No XV. RECREATION Significant Mitigation Significant Impact Impact Incorporated Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a) No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. Revised April 2010 AzC -170 November 23, 2010 a -f} No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. XVII. UTILITIES AND SERVICE Potentially Less Than Significant With Less Than No XVI. TRANSPORTATION/ TRAFFIC Significant Mitigation Significant impact Impact incorporated Impact Would the project: a) Conflict with an applicable plan, ordnance or policy establishing measures of effectiveness for [� the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, [� including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand or : liv -r t: nd,:ds ��st:blish-;d county congestions management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a Q change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? [� f) Conflict with adopted policies plans, or programs supporting alternative transportation [J( e.g., bus turnouts, bicycle racks)? a -f} No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. XVII. UTILITIES AND SERVICE Potentially Less Than significant With Less Than No SYSTEMS Significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality [� Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction [� of which could cause significant environmental effects? Revised April 2010 AZC -170 November 23, 2010 XVII. UTILITIES AND SERVICE Potentially Significant Less Than Significant With Less Than Significant No SYSTEMS Impact Mitigation Impact Impact a) Does the project have the potential to Incorporated c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve [✓� the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Q a -g) No Impact. The City of Baldwin Park is generally served by all necessary utilities and service systems. Due to the administrative nature of the proposed Project, it does not have the potential to result in impacts to utilities and service systems. XVlll, MANDATORY FINDINGS OF Potentially significant Less Than Significant With Less Than significant No SIGNIFICANCE Impact Mitigation Incorporated Impact Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable„ means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects Q which will cause substantial adverse effects on human beings, either directly or indirectly? Revised April 2010 AZC-170 November 23, 2010 a) No Impact. The Project is a purely administrative act to eliminate massage type uses from the City's Zoning Ordinance. Therefore, the Project does not have the potential to significantly degrade the quality of biological resources, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to-drop below self - sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. b) No Impact. As supported by the discussion presented in this Initial Study, the Project is determined to have no impact on any considered environmental topics. Potential cumulative effects of the Project are similarly determined to be of no consequence. c) No Impact. As supported by the preceding environmental evaluation, the Project will not result in any substantial adverse effects on human beings. Under each environmental consideration addressed in this Initial Study, the Project is considered to have no impacts. Revised April 2010 ATTACHMENT #6 RESOLUTION 2010.054 RESOLUTION NO. 2010 -054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE/ ACUPRESSURE LAND USES (LOCATION: ALL C -2, GENERAL COMMERCIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -170) WHEREAS, the City Council of the City of Baldwin Park expressed concern regarding the City's Codes relating to massagelacupressure land uses; and WHEREAS, the City Council directed staff to review and propose changes to the existing standards for massagelacupressure land uses; and WHEREAS, the proposed regulations have been proposed to effectuate desired changes to the standards by amendment to the Municipal Code, Chapters 153 being Case Number AZC -970 (the "Project ") as described more particularly in the information on file with the Planning Division; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: that: SECTION 1. The City Council does hereby find, determine and declare A. An Initial Study and Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. B. The Initial Study and Negative Declaration were made available to the public for review and comment as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on December 8, 2010, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered them, together with any comments received at the hearing, and recommended approval of the negative declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on January 19, 2011, at which time evidence was heard on the Initial Study and Negative Declaration. At the Resolution 2010 -054 Page 2 hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. SECTION 2. The City Council reviewed and considered the Negative Declaration of Environmental Impact and determined that the proposed Project will not have a significant impact on the environment. The Negative Declaration is therefore hereby approved. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this I9th day of January, 2011. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, LAURA M. NIETO, CMC, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2010 -054 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 19th day of January, 2011 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CIVIC DEPUTY CITY CLERK ATTACHMENT #7 ORDINANCE 1340 ORDINANCE NO, 1340 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGEIACUPRESSURE USES (LOCATION: ALL C-2, GENERAL COMMERCIAL ZONED PROPERTIES APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 170) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Section 153.442 of the Baldwin Park Municipal Code shall be amended to read as follows: §153.442 MASSAGEIACUPRESSURE ESTABLISHMENTS A. After December 1, 2010, and subject to the legal non - conforming use provisions of this Code, any MassagelAcupressure establishment is a prohibited land use within all zones in the City of Baldwin Park. B. Each person operating or employed by any legal, non - conforming MassagelAcupressure establishment within the City shall hold a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with section 4600) (the "State Regulations for Massage Therapists "). Any person who employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners need not obtain the permit required pursuant Chapter 118 of this Code. All provisions of this section not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect. Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 5th day of January, 2011. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Laura M. Nieto, CIVIC, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1340 was introduced at a regular meeting of the City Council held on January 5, 2011, and was adopted by the City Council at its regular meeting held on January 19, 2011, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura M. Nieto, CIVIC Deputy City Clerk BALDWIN CITY OF BALDWIN PARK P , A - R - K TO: Honorable Mayor and Members of th FROM: Vijay Singhal, Chief Executive Office DATE: January 19, 2011 SUBJECT: SAN GABRIEL VALLEY TRIBUNE PURPOSE CITY COUNCIL AGENDA JAN 1 ITEM N0.l�r. STAFF REPORT This report requests that the City Council provide direction to staff regarding continuing business with the San Gabriel Valley Tribune. BACKGROUND AND DISCUSSION In the month of December, it was brought to the attention of the City Council that on numerous occasions San Gabriel Valley Tribune reporter Frank Giradot had made reference to the City of Baldwin Park as "Bolen Parque ", a term sometimes used by gang members to identify themselves as living in Baldwin Park. On December 14, 2010 letters were sent to the local offices of the Tribune and to the Board of Directors of MediaNews Group, which owns the Tribune, addressing the derogatory and irresponsible comments made by Mr. Giradot and requesting a printed, public apology. While the City Council respects the First Amendment rights of Mr. Girardot and the media, it also believes that they should not abuse this right by making false and derogatory remarks and mischaracterizations. At the December 15, 2010 City Council meeting, Council Member Monica Garcia, along with the other Council Members, publicly expressed their disgust and frustration in the way that the City of Baldwin Park had been portrayed by the Tribune. The City Council requested that a ' report brought forward so that they could consider actions such as subscription cancellations and suspension of publications until such time as an apology was made by the Tribune to the City and community members. In response to an inquiry from Council Member Rubio, the City Attorney advised that because there was not a newspaper of general circulation (adjudicated) in the City of Baldwin Park, the City was not obligated to publish certain notices at all in most cases. It was stated that the City used the Tribune to publish notices for the benefit of reaching a wider audience. If a specific type of notice calls for publication in a newspaper of general circulation in the County of Los Angeles, there are other publications such as the San Gabriel Valley Examiner in which this could be done. Staff Report — San Gabriel Valley Tribune Page 2 At the meeting, Mayor Lozano also asked that letters be sent to the Valley County Water District and the Baldwin Park Unified School District to advise them of the position the City was taking. He also suggested that neighboring cities be contacted for what he called a "joint venture" with reference to the Tribune and its actions. FISCAL IMPACT In 2009 the City spent $18,086.75 on public notices and $1,570 on subscriptions. In 2010, the City has spent $4,802.47 on notices and $245 on subscriptions to date. A cost savings may be realized if the number of public notices and subscriptions are reduced. RECOMMENDATION Staff recommends City Council provide direction to staff with reference to the San Gabriel Valley Tribune. Attachments Letter to SGV Tribune Publisher dated December 14, 2010 BAl_ I-M P ° A• 1t• K December 14, 2014 Steve Lambert Publisher San Gabriel Valley Tribune 1210 N. Azusa Canyon Road West Covina, CA 91790 RE: Recent reference to City of Baldwin Park as Bolen Parque by San Gabriel Valley Tribune Editor Frank Girardot (Francis Conway Girardot, Jr.) Dear Mr. Lambert, We write to you to express our serious concerns and utter disgust at the Irresponsible actions of one of your editors, Mr. Frank Girardot. In his opinions Mr. Girardot has regularly been referring to City of Baldwin Park as Bolen Parque. Bolen Is a name sometimes used by some gang members to identify themselves as living in Baldwin Park. Mr. Glrardot's intentional reference to Baldwin Park as Bolen Parque suggests that the entire City and its residents are associated with Gangs. We believe that such an act is highly irresponsible, very derogatory and an insult to the hardworking community members of the City of Baldwin Park. We understand the First Amendment rights and peoples' desire to express themselves, however, we also believe that reputable media institutions, such as newspapers (unless the Tribune considers itself a gossip paper), must not abuse that right by engaging in irresponsible, callous, baseless insinuations and attacks and mischaracterizations. This is not the first time that Mr. Girardot has done this and he continues to do so despite objections from the City representatives. It is also very frustrating that Mr. Girardot and the Tribune continue to portray the City of Baldwin Park in a negative light. If Mr. Girardot would objectively report the news, then he would realize that Baldwin Park is a leader in many areas of public service. Whether it is public safety, fiscal management, securing grants, public improvements, community programs, effective organizational management or proactive stance on matters of community benefit, Baldwin Park is ahead of its peers. CITY OF 11ALDNV1N PARK - 1+103 FAST PACIFIC AVE_NU1. - RALDWIN PARK - CA - 91706 , Wl'0 960-1011 FAX (62090-205 :3 We fail to understand why Mr. Girardot and his staff are against Baldwin Park. We will assume actions of Mr. Francis Conway Girardot Jr. are not the result of any inherent bias against a hardworking Latino community that is making strides in all areas of public service even in tough times. We hope that MediaNews Group and Tribune management will not tolerate such insinuations, which are not only irresponsible and unprofessional but not acceptable in the modern day world. We anticipate the Tribune will repudiate the actions of Mr. Girardot. On behalf of our community, we also expect the MedlaNews Group and Tribune to print a public apology for the irresponsible actions of Mr.Girardot. Si c rely ( &'0' ---� �Viaingh Chief Exe , uti e Officer Lili Hadsell Chief of Police cc: Honorable Mayor and Council Members MedlaNews Group Directors MediaNews Group Officers and Executive Management Mr. f=rank Girardot. Jr. Say goodbye to re(i light cameras California - Crime Scene CONTRIBUTORS �y Frank Glrardot, Wife Editor for the San Gabrial Valfoy Nowspapees, brings you behind the yei;ow tope )-Mh takes on true crtnlo, cold cases and nwre. This is also your forum to disco ss crinio, its Impact on your nalghborhood and hoetwo cover it. Have any questions or tips? You can leave a cenintant here or o•mall Frank. �.Y`-.Lt 111111 l � Brian Day Is the, cfirno reporter for the San Gatxlel Valley Nowspaper group. E•ntall Brian, About this Entry This page contatns a single entry by Frank Gfrardol published on 0ocember 1.3, 2010 12: iJ Pt.4. Trainor Vincent Timphony dead at 70 was the pfaviou3 entry In Ihls blog. Hldo your kids hido your wife, horiteboy is Ilia next entry In this bldg. Find recent content on lho main index or took In the archives to find all content. Recent Commornts James Rodriguez on Say goodbye to rod light cameras California: Wool the heck is a 'Bolen Parquo "? ... Doug on Say goodbye to rod ilg III oginwas California: So why is this scurrilous, nioney- grabbing, pocket-ii inlntsion no .,. SGVN on Say goodbye to red Ilglit cameras Go11fornla: to at .., Frank Gfrordot on Say goodbye to rod light cameras California: This Isa test.,. -msssr � s . a1 Say goodbye to red light cameras California lay Frank Girardot on Cecember 113, 2010112:13 Pf.S i f'armatink I Comments (4)l ShareTlds This from Calwatclu While the state coilecls loillions of dollars from ml4ight Caiiivras at intcfsectimis, n f6v California cities arc slarflnv to question whether the safety Wnefits , m. warili the high cost to their own eoffets. Other cities Ilave rejected autonlikiie ticketing programs as wdl,'inchiding Union Ciry near San Jose, Yucaipa lnta Costa tllcsa. Cupcftino, Compton, Tit ;`tome, lrnirfreld, rresno, Pullcitun, Indirin Neils. htitte, 61ayw'aod, Alnntetair, Alomlo Vailcy, Paramoant, Ranchn Cucatnorrga, Redlands, Roseville, Sin Carlos, sailtu V4: springs, Santa'Kirla, sam"t Rom and Upland. Sadly neither Pasadena nor Bolen Par quo make the list of California cities reconsidering the cost offectivenoss of red light camoras. Taps: Ualdvdn Park,F3o'en Parque,Paeadena 4 Comments Frank Girardot said: This is a test Deteniber 13, 2014 3:35 I'M SGVN said: lest December 113, 2010 3;55 PM Doug said; So why is this scurrilous, nloneygrabbing, rocket•plekiag Intrusion not a violation of the equal protection clause of the Constitution? True, the 14th Amendment started out as a guarantee against unequal justice being meted out by "Slate" governments but has since boon expanded to inctude the Federal government. Why, then should local governments get a free pass and be allowed to rob It's cigzenry under the most transparent ralionafization(s) imaginable. I can't think of anything that cries out more for " prolection" than from the tax happy bureaucrats that steal from us under tha ridiculous and polontly untrue cloak of "publlo safety." December 13, 2010 4:22 Phi James Rodrigues said; What the heck is a "Bolen Parque"? Liacerithar 14, 20 to 2:97 rsrt Leave a comment Emall Address URL 1_—] Remember personal info? Commonle (You may use HTMI. laps for style) Page 1 of 2 search (sg8 «ilj `� i�retilt GII'ardOY - iv �. Crime SC01110 on Facebook Like 380 people like flank Girafdot - Crinie Scene r:7117Zn eany Nary &srda kroYr RetaJ Blotjroll LOCAL hlFDIA San Gabdol Valley Trlburia Whittier Daily News Pasadena Star•Nevre Los Angeles Dally News Los Angeles Times Inland Valley Dally nullot€n PCC Courier lift$AC Mountalnoor Los ANGELES BLOC ROLL Pasadena Contorof the tlntversa 7ho 1947 Project In the Het LA Observed whittler PD Bich LAPD Woo LA Notr under the Como Frazga Meanders David Allen Homicide Roport LA County fditrdors beFrank hi Strools Lettoverer from Oily Hell Bank Torrorism Alerts LA Now John Schwada Altadona Wog Alladona Above ItAtl South Bay crime and courts Patlerico CALIFORNIA ULOG ROLL SJ Morcury, Cfinto Blo0 Psellic Crimp Blog NATIONAL BLDG ROLL GrotaVttire ftlanil Herald Crlmo Blog Drudgoreport HYPD Blottor Washington DUI bldg SPICY TUNA ROLL World of Food Blog" Rontorama Eating L.A. littp:// www. itisldesocal ,cotiilsgvc,rinicl2010112 /say- goodbye -to- red - light- caiiier.litml 12/14/2010 SGVTribune.coni : A view of beautiful Bolcii Pardue Home -> Crime Scene 13log Crime Scene Slog A view of beautiful BOlen Pardue Frank Girardot Posted: 1210112.0'[ 0 S:�t2 I'M e'4 I !3 f [ft f t1ri4�E Eilgtjyyt � �, -, i i• ;; I Page l of l More images» More Crime Scene Slog >> << Prev I Next>> The thing that made P &G Burgers worthwhile was it was close, cheap and mostly tasty.Sadly the place tied to barn down. Even worse it had to happen in Bolen Parque, where no one really cares about appearances anymore. From Thomas HIrnes' story: With a severely damaged roof, the building was boarded up a few days after the fire. Those boards were quickly covered in graffiti. The spray paint scribbles prompted code enforcement officers to issue a warning on Oct. 21. The graffiti was painted over, only to reappear In days. Thieves also broke into the building, stripping out its copper and stealing equipment, Community Development Manager Marc Castagnola said. ;i 1 t1� _..'f s i h! I.Y r►s. t 81 {�It,l.i Text -a- Friend » Search Home I Top I Sflemap I Full Wobsite [r �l http: // iii, sgvtribttrie .eorii /sgvtriburie /db_1173 i/ corttetitdetriil. lltni ;,jsessioliid= SFEFCB95B70C.,, 12/14/2010 CITY COUNCIL AGENDA JAN I ITEM NO. BALDWIN CITY OF BALD WIN PARK STAFF REPORT P A- R, K TO: Honorable Mayor and Members of the Cit Cou ii FROM: Laura M. Nieto, CMC, Deputy City Clerk DATE: January 19, 2011 SUBJECT: REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION (Continued from December 1, 2090) PURPOSE This report requests that the City Council appoint applicants to fill vacancies on the Personnel Commission. DISCUSSION There are currently four (4) vacancies on the Personnel Commission. At the City Council meeting of September 1, 2010, the City Council directed staff to re- notice these vacancies. A Public Notice of Vacancy was posted in three locations within the City for a 20 -day period of time, was posted on the City's website and was published in the NOW. The deadline for receipt of applications was Thursday, October 7, 2010 at 6:00 p.m. Five new applications were received; two prior two -year applications are currently on file. At the request of the City Council, a residency verification requirement for each applicant via review of drivers license and a current utility bill is now incorporated with the application process. Said documentation is on file in the City Clerk's office. BACKGROUND PERSONNEL COMMISSION The Personnel Commission consists of five (5) members who are appointed to a two - year term on a staggered basis. The only office currently filled is Office No. 2 (Barry Lu.) Vacancies exist in Offices 1, 3, 4 and 5. Staff Report -- Personnel Commission Appointments Page 2 The following persons have requested consideration of appointment to the Personnel Commission: 4 open seats — Office No. 1 to a term ending June 30, 2012 Office Nos. 3, 4 and 5 to a term ending ,tune 30, 2011 New Applicants Previous two -year Applicants Socorro V. Dantic Ofelia de Guzman Benson T. lien Nabor Gilbert Padilla Paul S. Lo ez Edward J. Martinez Karla Angulo -Tovar RECOMMENDATION Staff recommends City Council review Commission applications and waive further reading, read by title only and adopt Resolution No. 2011 -003 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; TO OFFICE NO. 3 FOR A TERM TO JUNE 30, 2011; TO OFFICE NO. 4 FOR A TERM TO JUNE 30, 2011 AND TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2011" Attachments Attachment "A" — Resolution No. 2011 -003 Attachment °B" -- Commission Applications RESOLUTION NO. 2011 -003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; TO OFFICE NO. 3 FOR A TERM TO JUNE 30, 2011; TO OFFICE NO. 4 FOR A TERM TO JUNE 30, 2011 AND TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2011 WHEREAS, the Personnel Commission consists of five (5) members and members are appointed to a two -year term on a staggered basis; and WHEREAS, vacancies currently exist in Office Nos. 1, 3, 4 and 5; and WHEREAS, a public Notice of Vacancy was posted for a minimum of 10 -days at three locations within the city, was posted on the city's website and in the October 1 November issue of the NOW. The deadline for submission was October 7, 2010 at 6:00 p.m. WHEREAS, the City Council desires to fill the vacancies of Office Nos. 1, 3, 4 and 5; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52, appointment to Office No. 1 is made and entered onto this resolution for a two -year term, expiring June 30, 2012; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52, appointments to Office Nos. 3, 4 and 5 are made and entered onto this resolution for a term expiring June 30, 2011. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the following named persons are hereby appointed as members of Office Nos. 1, 3, 4 and 5 respectively and such appointees shall hold office at the pleasure of the City Council and serve for the term as follows: Office 1 -- for the term expiring June 30, 2012 Office 2 -- BARRY LU for the term expiring June 30, 2012 Office 3 — Office 4 -- for the term expiring June 30, 2011 for the term expiring June 30, 2011 Office 5 -- for the term expiring June 30, 2011 Resolution No. 2011 -003 Page 2 Section 2. 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. PASSED, APPROVED and ADOPTED this day of 2011. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, 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 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK Attachment "B" Applications (5 new, 2 prior two -year) PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT copy of APPLICATION FOR CITY COMMISSION OC�`11( =:.A UTILITY BILL AND A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS � 3 "`}'''' a.c u I ACIt ,l Si 11 APPLICATION IS FOR THE FOLLOWING COMMISSION: 5 / (A separate application is required for each commission) PERSONAL INFORMATION: Name SpI�, ),4/Vr/C_ Residence Address 69,e+le ST. '01bV k �24 q1706 Length of time at this Address: - E -mail address: �a td ZOa 0% �Gw Home Phone No.i & _'_6) CelUMessage Phone �? �t7 7V. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? ��--$ Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? /VD If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 CO 12 High School Graduate? G.E.D.? Pff /4P 5F I L:C��,l��s IA GO ,�rb/LIINr'ST%�tETrvl�C EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of Em to er s Position I the ua>es or Gm io nienr �ulv/•f�,�3/r� �.LUB o�sotr�- r�f.�r sf�. Q�cot��irr�iErr- pi{�s�t -� AE r /99� - �,�.���T it "L&.X� /� $ REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address 7-Ph6ne- No. AGI7D��,��G� GcGl.C3 b�-s� 7f�.�N �3 �3� �� /����v/zD A - /�� /� 8'SD- ��7 /tF �S� •.S'3 [Jc "L&.X� /� $ M /277/ e�� S, A167- ! /J_/) ��! /3y�fY Glvy/6d .DR - itLbuf/ /'/r�2/� G�f y' 17q6 6, ,3.37- O 5? 74- v IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? /Vo If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: &� 7, vita Date Do Not Write Residency verification: iJ Yes ❑ No Date: 10, Residency verification: ❑ Yes ❑ No Date: Residencv verification: ❑ Yes ❑ No pate: ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is true ajW correct. signature this Line - For City Use Only Voter Registration Verification: Appointment date: Term expires: Yes ❑ No Name Commission Requested'. STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. ` LrlL� /9r Cam.` a ,Va-4 - AAA. AlUl c ZZaA,11 - d�y� C-4a ice A wva, - a-ol i/-,t et%cdzy -cis o ew A,,- ), e-,,YY1 A/r�h " tin. 041 1?4WIlVYn,2 -Y� (fi t-nh �jtvP �?�v -r �`c- rn �m�' cC r ;� a-�G1/ )y a d t cP �r �,rtG .rie��izrJLrr Si ature / !Notice: Please be advised that you and your, qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLI= ASE.ATTACH -A CITY OF BALDWIN PARK r, CURRENT`ro0PYOF SEP r, A uTILIY, sIL.ANp: APPLICATION FOR CITY COMMISSION A COPY 6171OUR And - v -I � K'S )EPA �Ai*�K PHOTQ I-D STATEMENT OF QUALIFICATIONS c► ,,� '`� �E� t��'`''r�� APPLICATION IS FOR THE FOLLOWING COMMISSION: - -� A separate application is required for each commission) PERSONAL INFORMATION: Q c Nome Phone No. 6 ;L6 �z A Cell/Message Phone No. ��- Are you 18 years of age or older? e' Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park?� If yes, name of agency and position: EDUCATION: E �I. ��� Circle HEghest grade ycu completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate ?,��5! p.? EMPLOYMENT INFORMATION / EXPERIENCE": REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park E=lected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentencelfine received: ACKNOWLE DG EME NTICE RTI FICATI ON: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws f e State of California that the foregoing Is true and Arect. Date sign, tore J 5. 5'10! } 5. rf ,l Residency verification: Yes ❑ No Date: 10/h Voter Registration Verification: PJ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name � 6 A 1- blx Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. inn AS 1lcltim -M -Nt� VJ W C� JA W'I-+c GltVk T 0-ft Pala ��} SC) wl� � 0�1�f -� J Me, �b learn. ah� °I�� 1 �W�� �v�G� I �! -� �e c o 1Y) 11A ILL i�V i h- . .-� Mkve'- -te Ci LA:n-W - r-HL J+ rJun 1+V h) serve, 4t1e C-A Odq (A Ida. 6� O�hence Date: Sign tune ` Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years, During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment, Failure to provide current proof of residency with each recruitment, will invalidate this application. 1AC) w6 cmV4 IlMav�v 6-4t, 1yl � �r re, 1�nr�,�f� 1(`� \jam I ' 'uv "t i i f � �` y''�� \y�y�� Ae �^'� �,1� U 1 V b� � nfly� W i' l k k �+�. 1� W ����k k4 j' J+ rJun 1+V h) serve, 4t1e C-A Odq (A Ida. 6� O�hence Date: Sign tune ` Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years, During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment, Failure to provide current proof of residency with each recruitment, will invalidate this application. 1AC) V PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY COMMISSION f)(T ;';1i0 A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: ---� Personnel Commission (A separate application is required for each commission) PERSONAL INFORMATION: Name Paul S. Lopez Residence Address 5725 Ardllla Ave Length of time at this Address: 10 years E -mail address: paullopez.ernail@gmall.com Horne Phone No. 626 - 893 -0018 Cell /Message Phone No. same Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board andlor agency within the City of Baldwin Park? NO If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 b2 High School Graduate? Yes G.E.D.? Mount San Antonio Comm. College I General - Managment l one_- Mgmt. Cert EMPLOYMENT INFORMATION 1 EXPERIENCE: Name and Address of Employer(s) Position Title uates of tm io ment P.K. Schrieffer LLP Paralegal Supervisor Dec. 1, 2000 - Present La Follette, Johnson, et. al. Clerk Dec,, 1999 - Dec., 2000 REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. Joe Casanova 963 S. Menlo Ave #304 Los Am 626-373-2444 Ex t. 2 (Work) Javier Delgadillo 2744 Gallic, Avenue, Rowland Heights 626- 373 -2444 Ext. 2749 Work IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: DUI - 05196, El Monte; October 7, 2010 Date ACKNOWLEDGEMENTICERTIFICATION: 1 understand that upon filing, this application becomes a public record. I certify under penalty of erjury under the laws of the State of California that the foregoing Is true and cbPIFIAO -i Signature Residency verification: f� Yes Residency verification: ❑ Yes ❑ No Date: t0 1! U ❑ No Date: verification: ❑ Yes ❑ No Voter Registration Verification: Appointment date: Term expires: Yes ❑ No Name-Paul S. Commission equested: Lopez Personnel commission R STATEMENT OF QUALIFICATIONS: Vse this space to list your goals and objectives and why you feel you should be appointed to the commission for which yott are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. My goal and objective is to assist the community I live in. I have several years of management experience in a mid -sized law firm and have dealt with numerous employee issues, which I believe may be a benefit the City given the vacancies on the above commission. currently work at P.K. Schrieffer LI_P, in West Covina and primarily work on insurance defense matters, including employment litigation and supervise paralegals, as well as assist with managing the office clerks, office services, facilities and IT as needed. I have worked the full spectrum of the employment cycle - interview, hire, orientate, develop, promote, discipline, terminate and exit employees during my tenure. would appreciate the opportunity to serve the city I have lived in for 10, plus years. Please contact me directly if you require additional information. oate.October 7, 2010 LS Sign ture Notice: Please be advised that you and your qu alifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of app ointment, your application will be included in the pool of applicants provi ded however, that you submit current proof of residency at the time of said recruitment. Failure to provide current pr oaf of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK ' CURRENT COPY OF APPLICATION FOR CITY C{ I�IIj�1§§1Q. UPARI A UTILITY FILL AND t, s E _ �f� •� A COPY OF YOUR And ;' 3 r)t11 C S DE 1. OCT ` r t� r!? PHOTO ID STATEMENT OF QUALA ATIONS. PE S � L APPLICATION IS FOR THE FOLLOWING COMMISSION: —2015. A separate application is required for each commission PERSONA��FORMATIO : _ Name Residence Address Length of time at this ddre ail address: C - tic'I' I� 2,0 Home Phone No. Coll/Message Phone No �7 Are you 18 years of ago or older? Yes Are you registered to vote in the City of Baldwin Park ? ye's Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 (2) High School Graduate? i G.E.D.? EMPLOYMENT INFORMATION I EXPERIENCE: REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case Is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is tru and correct. Date Signature Do Not Write Below this Line For. Cit .Use Onl Residency verification: Yes ❑ No Date: Q 1I 1) Voter Registration Verification: Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: verification: ❑ Yes ❑ No Date: Term I r� IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case Is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is tru and correct. Date Signature Do Not Write Below this Line For. Cit .Use Onl Residency verification: Yes ❑ No Date: Q 1I 1) Voter Registration Verification: Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: verification: ❑ Yes ❑ No Date: Term Name 1 '� Commission Requested: POY-50YIY)C:7'1 STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. '4#4 oU.� hz�� J�Y n�i P's �n "9?/ re5�er✓ oY, C-0 /�_ }ABC Cownc ar. dlC"f' li/--� ,*m -5 i � /� V n k' Yam Date: 1 /r® OUIII�� 4", " gnature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLEASE-ATTACH-A- CITY OF RA L- PARK CURRENT COPY OF- A UTILITY'BILL AN1Y APPLICATION- FOR CITY COMMISSION- A CJ` _`0FBAIJA7W PAl"K ,,X'�4 4"'FF.'WUk`XE_3 DEPT bb'A� 4ikA-tIdNVU`" PHOTO-ID- STATEMENT OF Q !,ERSONNE COMMISSION APPLICATION-IS -FOR -TIDE FOLLOWING-COMMISSION: P L r,d-a I M111 KT -7 PJ 4: 26 PEROPNAIL INFPRM4TIPN: Name, sd � a Residence Address (A -1 U L Length of time_ at this Address: a_�,ASE -mail address: wv'^ Home Phone No. Cell/Message Phone No. _(_>)_6 f&LA�• oev-IL-t Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? WD if ye�,'name of agency arEd position: Circle Highest grade you completed, 1 2 3 4 6 6 7 8 9 .10 110 High School Graduate? G. E. D. ? WA- Name and Location of College or University Course of Study Degree 04A ?�w von,\Gv\ 0­_ OAkwo , 5 - k, �Ww 6 F-MPWYM9NT 1NfPRMATIQN I F-XPF-fZ1FNPj!' Name and Address of Employer(s) Position Title Dates of Employment t rl\ J REFERENCES- Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who Pqn comment pn ypqr Ppl?&jllflps find PhiripLer. Name Address Phone No. tt q_c� 5a d�)& AJ Z2_6- OOZ) \--6N SO' 2?- W-",J{Ae� CA — 11J-11 IMPORTANT. Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its 1nqivfdqqi merit" HAViY'Y.60'tV1= 'BEEN .CONVICTED .OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? Wn If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: AGKNOWLED GEM ENTICERTi FIGATION: I understand that Upon filing, this application becomes a public record. I certify under penalty of perjumunder the laws of the State of California that the foregoing is tru I and M rfect. (V iko, Do NotWrite Below this Line " For Qit Use Only:�:�� Residency verification: WYes ❑ No Date: Voter Registration Verification: WYes E No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residenev verification, ❑ Yes ❑ No Date: Term expires: Name &ALx �,�1 Commission Requested: –' �is- oyyrk A —('Lynkm I tU'' STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. I have always admired The City of Baldwin Park`s Mayor and City Council. I have been a resident of Baldwin Park since I was a child. I've seen how much my city has evolved in the past 26 years. I recently became a mother. know that I plan on raising my child in Baldwin Park. As a mother, 1 hope to set an example for my child as well as other residents. So I decided to pursue something that's always interested me. believe holdinq an Office for the Personnel Commission would help me learn more about the cities policies and procedures and hopefully help me gain the knowledge and make the right connections that maybe one day would help me become a City Council Member. have been in the entertainment business for the past 5 years. I've been a Morning News Producer News Writer and most recently a Promotions Specialist. I enloy writing and also working with people. 1 am able to multi -task and have excellent communication skills. I am friendly, outgoing and highly ambitious and love helping others. 1 got into Journalism in hopes of changing one's perceptions and opening their eyes uQ to the occurrences in our world. I enioy working in the news industry but now that I am a mother, 1 plan on only freelancing so I have more time available to pursue another goal of mine. Getting more involved in my own community and attaining a seat in City Council. I hope that my application is considered and look forward to learning more about the position. I know that I could brinct a new voice perspective and fresh outlook to the meetings. Thank you, Karla Angulo -Tovar Date: C) 4 �' iignature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. Karla Angulo-Tovar 14203 Rockenbach St. Baldwin Park, California 91706 626- 841 -0974 Kpa8 @msn.com EDUCATION California State Polytechnic University of Pomona Bachelor of Science in Communication Emphasis in Public Relations, Minor in Broadcast Journalism Graduated, June 2005 EXPERIENCE FOX Television Stations Los Angeles, CA. Media Promotions Specialist/Promotions Producer 20072009 Responsible for negotiating and clearing network and syndicator added -value promotions for In- house Media Buying department. Execute and develop media schedules with radio, print and outdoor partners. Identify and confer off- channel exposure for local station promotions. Manage and implement marketing strategies and promotional campaigns, contests and promotional giveaways. Coordinate and facilitate sales promotions, station contests and help execute station events. Work closely with radio stations to help develop and execute various promotions; scheduling on -air promotion and organizing promo inventory. Strategize and develop effective year -round off channel partnerships with local radio stations, producers and personalities. Manage on -going communication, fulfillment requests and proposals. Serve as Creative Services Department Liaison, assisted producing copy for radio spots, emails, and collateral and other media opportunities. Wrote and produced on -air sales promotion spots. Train and assist in managing of Media Coordinators. Coordinate with Public Relations department for booking talent for on -air interviews and promotional appearances with media partners. Maintain and nurture good working relations with Media Representatives and Producers. Responsible for trafficking spots and creating traffic instructions for market affiliates. Traveled to markets, to help develop, establish and expand current partnerships. Maintained relationships with Cable affiliates. KABC, ABC 7 Los Angeles, CA. Freelance News WriterlProducer 2007 Wrote and copy edited assigned stories into scripts, supervised edit bays, submitted audio and video to be presented on the air. Updated copy and audio /video as story changed, coordinated live shots with held reporters, maintained communication with assignment desk, As a Producer, composed morning show by, finding newsworthy stories and assembled rundown. Assigned stories, confirmed accuracy of stories, ordered graphics, copy edited scripts, monitored wires for breaking news. Developed enterprise stories, managed field reporters, timed show live. KOVR, CBS 13 Sacramento, CA. Morning Show Producer 20062007 Produced two hour morning news show, created show rundowns, researched and wrote news stories, timed show live, worked with newscast directors and news staff to coordinate production of the newscast. Planned and executed live shots, field produced prepared persons for on -air interviews, Developed and assigned enterprise stories. Booked and coordinated talent bookings, made travel arrangements. Trained and managed Interns. KCNC, CBS 4 Deliver, CO. News Apprentice/News Writer 2005 -2006 Produced cut -ins, printed and sorted scripts. Prepared guests for on -air interviews researched and wrote news stories for assigned shows. Pulled video and wrote to video. Ordered graphics, helped set up live shots and assisted with other communications in control booth, Responsible for assignment desk on weekends, monitored scanner activity and breaking news, developed and planned selection of news events to be covered and assigned personnel and equipment for coverage of news events. Managed websitc, uploaded links, wrote stories for web and posted clips. Fulfilled dub requests, acted as Production Assistant for popular seasonal Television programs such as "Bolder Boulder" and "Spirit of the Season." Performed runner duties, prepared reporters with audio equipment, selected on air interviews, provided scripts, and helped time live show. Cal Poly Pomona Pomona!, CA. Administrative Assistant to Vice President 2004 -2005 Provided clerical assistance to Office of Vice President for Student Services, answered phones, filed, scheduled appointments. Planned luncheons and meetings for department researched new school programs, chubs. Ordered supplies and maintained inventory. Created and updated bulletin boards, fliers and departmental newsletters. BEA Inc. Pomona, CA. Executive Assistant 2002 -2003 Provided administrative and clerical support for the Marketing and West Coast Sales department. Filed, answered phones and directed calls. Made copies, distributed materials to teams members, such as memos and client correspondence. Assisted with research assignments, served as Liaison for vendors, and arranged all travel schedules. Acted as event planner for all conferences, meetings, luncheons and training seminars. Maintained departmental records and expenses, completed special projects as assigned. Entered and took phone orders, ordered office supplies. SKILLS • Bilingual in Spanish. • Self Starter, team player. • Proactive and effective managing skills. • High level of organizational skills. • Excellent verbal and written communication skills. e Able to coordinate and develop multiple projects. • Computer literate, Internet savvy, Xerox, fax, Dictaphone & PBX switchboard. e Microsoft office, Word, Power Point, Excel, Strata SBMS & H-EWS. • Quark Express, Adobe Photoshop, spreadsheet training & data entry. PLEAU:,ATTACH A CITY OF BALDWIN PARK CURR0NT QQP.Y 9I A UTILITY QIL L AND APPLICATION FOR CITY COMMISSION c ` A pfd 3 a 2009 A CORY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS PERSONNEL APPLICATION IS FOR THE FOLLOWING COMMISSION: A se arafe a plicafion is required for each commission)- PERSONAL INFORMATION: d Name C" Residence �`Address_ 9 �r� "f °'`'� �`� �— ��� •' ^ �� �'�� Length of time at this Address: o E-mail address: �(� e2 Coll/messa e Phone No. Home Phone No. t �6� g Are you 18 years of age or older? 2 -S Are you registered to vote in the City of Baldwin Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: 7 8 9 10 11 12 High School Graduate? G.E.D.? ��S �SeG "f Circle Highest grads you completed: 1 2 3 4 5 6 — EMPLOYMENT INFORMAVON i EXPERIENCE, ! _Z/' ,r C'-4- or �>�fl Pl9X %t3_7 !� � >✓d � $ O � Q � �!� CC� � Ca C.`c� a -rz-! 4 2= � �� � "' cp /� / ate N• .����/��., fir ,3i -�A- REF E CES Please provide the names of two ( @} persons, who are not City of Baldwin Park Ejected or Appointed Officials and who can comment on your capabilities and character. IVPIIIG IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment, Each case is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOL- AT10N ?�� if yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEl70EMENTIGERTIFICATION: I understand that upon tiling, this application becomes a public record. I cortify under penalty of perjury under the laws of the State of California that iho foregoing is true and correct. Data~ S' atul e ht i o ,' Do I�Iriys\rl.(B'dlo3'�a �1f5 L�noF -� O� LI� . Q$, 'lJn r r,t_5 g J� i t r ❑ No Residency Verification: ❑ Yes 0 No vato; fqf i 7 _ Voter Registration Verification: Yes Residency verification: ❑ Yes ❑ No Date: Appointment date: Residencv verification: El Yes El No Date: Term expires: Damp Commission requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goats and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. O "� Q.- � Wes- r -rya' c e "J Ga 1-7 --S 6 Date: Sig tore Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of rosidency at the time of said recruitment. f=ailure to provide current proof of residency with each recruitment, will invalidate this application. Ofelia de Guzman 4942 Stewart Avenue Baldwin Park, CA 91706 (626) 962 -2628 Career Objective: To secure a position in general accounting with a firm that offers long -term growth opportunities. PROFESSIONAL FXPERMNCE Surface Protection Industries, Inc. 3440 E 14 '' Street, Los Angeles, CA 90023. Oct. 1998 - Oct 2007: Position: Accounts Payable Supervisor. Assist in the preparation and completion of annual audit. Organize monthly closing including Journal Entries preparation. Account Reconciliations. Maintain cash flow plan. Interface with vendors. Interface with intercompany staff for invoice input and control. Accounts payable invoice entry, matching, control. Maintain vendor master file data in correct and current status, Suggest procedure changes to improve department performance. Roberts Consolidated Industries. 600 N Baldwin Park Boulevard, City of rndustry, CA 91749. 1991 - Aug. 1998: Position: General Accountant. Assisted the CFO with preparation of monthly financial statements. Assisted in the preparation and completion of annual audit. Organized monthly closing including Journal Entries preparation. Account Reconciliations. Maintain cash flow plan. Interface with vendors. Interface with intercompany staff for invoice input and control. Accounts payable invoice entry, matching, control. Maintain vendor master file data in correct and current status. Suggested procedure changes to improve department performance, 1981 - 1990: Position: Accounts Payable Supervisor. Supervised and evaluated the performance of five staff members, Responsible in selection and training*of new hires. Maintain cash flow plan. Interface with vendors. Interface with intercompany staff for invoice input and control. Accounts payable invoice entry, matching, control. Maintain vendor master file data in correct and current status. Suggested procedure changes to improve department performance. Moskatel's fne.,'718 S. Wall Street, Los Angeles, CA 90014 1980 - 1981: Position: Accounting Supervisor. • Supervised and evaluated the performance of three staff members. Responsible in selection and training of new hires. Insured that all functions in the Accounting Department are being performed in accordance with established procedures. Recommended improvement of existing systems and procedures. q Prepared reports as requested by the Controller. ® Account Reconciliations. - 1977-1980: Position; Accounts Payable. Maintain cash flow plan. Interface with vendors. Accounts payable invoice entry, matching, control. Maintain vendor master file data in correct and current status. wallich's Music City, Sunset and Vine, Hollywood, CA 1976 -1977: Position: Accounts Receivable. + Preparation of bank deposits_ ® Cash application including research and resolution of short payments and unapplied cash. + Customer conflict resolution, including research, issuance of credit memos, claim denial notification and freight claims. Customer account reconciliations. Verification of pricing, proof of deliveries, shortages and freight claims. 9 Other general office and accounting functions as required. SPECIAL QUALMICATIONS Y Extensive experience in office management and all accounting filnetions with the ability to operate all standard office equipment. • Ability to learn new methods and procedures rapidly. m Highly motivated, results oriented regardless of obstacles. A demonstrated records of achievements. o Personal qualities include dependability, initiative, drive and ability to work independently, ability to get along well with people. 0 Extensive experience with computer associates PRMS package on AS400 in Accounts Payable along with other accounting functions. Ability to operate standard office equipment. Familiar with various computer programs; Excel, Lotus 1 -2 -3 and Client Access. EDUCATION College Degree in Bachelor of Science in Elementary Education, Philippines Normal College, Manila. Citrus College; Accounting; I and Accounting II. Computer Classes, various management and accounting seminars. SALARY 0 Negotiable REFERENCES furnished upon request, PLEASE ATTACH A CITY OF BALDWIN PARK R E , 4 �9 V 11-El 0 CURRENT COPY OF APPLICATION FOR CITY COMMISSION A•UTII!TYQILJLAND And APR 1 4 200 A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: t� FFtS A separate a ficafion is re aired for each commission PERSONAL INFORMATION: Name fk-,\ 1 ( b ,r I f Residence Address 5 +Lr;7 3 a - .1i e Length of time at this Address: -" yf , E-mail address: _D.1? Home Phone No. �� Cell /Message Phono No, 6 Ire T � Are you 1$ years of age or older? Are you registered to vote "sn the City of Baldwin Park? f�� T Do you currently serve as an elected r appointed official for any board and/or agency within iho City of Baldwin Park? If yes, name of agency and positlon: EDUCATION; Circle Hlyhost grade you completed: 1 2 3 4 5 6 7 8 9 1{} 11 2 High School Graduate? -A,1 EMPLOYMENT" INFORMATION J EXPERIENCE: C J V REFERENCES: Please Provide the names of two (c@r) persons, who are not City of can comment on your capabilities and character. PAk Elected or Appointed `Of ciais end who IMPORTANT: Read the following carefully and answer completely. A conviction is not an automauc oar io appornrmonk. considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentencelfine received: Li - 1 u - C) Date' Residency verification: Yes ❑ No Ti Residency verification: verification ❑ Yes ❑ No Date: ❑ Yes ❑ No Date: ACKNOWLEDGEhi ENTICERTIFICATION: I understand that upon filing, this application becomes blic record. r certify under penalty of perjury under the laws of the Sta of Califon ' That iho foregoing isJt /r��uQ$ ndcIRyj;I.rrect.-4 Signature Voter Registration Verification: F'1 Yes ❑ Na Appointment data: _ Term expires: Name v. �y L .: �' ` 1, :' Commission RequestedfiY I/Ct111�1 - -t�f � -�- -. STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 0- q pd. S 13 J QY 16 'r' 4-ra 11N O.Y24, 01, � c�_ES_.1� c,U s ► ? � - ` -�..Q iI Date: C� "! la. r Signature y FA rs) Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting, This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the tine of said recruitment. Failure to provide current proof or residency with each recruitment, will invalidate this application. �I y BALDWIN P - A - R � K CITY COUNCIL AGENDA CITY OF BALDWIN PARK STAFF REP ITEM No. TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: January 19, 2011 C SUBJECT: Design Selection for new Dial -a -Ride Buses PURPOSE This purpose of this staff report is to provide the City Council with two design options for the new Dial -A -Ride vehicles. BACKGROUND On October 6, 2010 the City Council selected two designs to be used for the Pumpkin and Teal Buses (Both designs are attached for reference). Based on those selections, staff created two (2) designs for the Dial -a -Ride buses that would complement the transit line. Direction given by the City Council was to incorporate an element of the fixed route designs on the Dial -a -Ride Buses. DISCUSSION There are two (2) proposed samples that incorporate similar features and are on display for the City Council to view. Based on the vision of the City Council, both designs are inspired by the Healthy Baldwin Park design selected for the Fixed Route Buses. They are both a more simplistic look compared to the fixed route design in orderto draw attention to the phone number and distinguish them from the fixed route buses. The buses for the fixed route also need to stand out more to encourage and promote ridership, as it is a highly utilized public transit system. The simplistic design also keeps the cost of wrapping the vehicles at a less expensive price. The first sample utilizes the colors of green and orange, which are the same colors used in the Fixed Route design. The second sample is uses a different hue of colors, which include red, blue and orange. FISCAL IMPACT Funds to wrap the dial -a -ride buses were included in the total cost with fixed route buses and no additional funds are needed. There are currently sufficient funds available in the fiscal year 2010 -2010 budget to be appropriated for both the dial -a -ride and fixed route buses. RECOMMENDATION Staff recommends that the City Council: 1. Provide direction and approval of one of the two (2) designs; or 2. Provide alternative direction design of Dial -a -Ride Buses. Attachment: A) Bus Design Selection Pumpkin Line B) Bus Design Selection Teal Line C) Dial -a -Ride Design # I — Green D) Dial -a -Ride Design # 2 — Red cll ,r U R3 Attachment A 8A €OW11I °i!5 PPAIE O 4 ' O M N .r' U w Attachment B Baldwin Park Tfonsit ili m lillim A � C � U co � ( � : § � \ .� K4 :I oil: o2 4 BALDWIN P • A, R, K TO: FROM: DATE: CITY OF BALDWIN PARK CITY COUNCIL AGENDA JAN 1 9 ITEM N0. STAFF REPORT Honorable Mayor and Members of the City Cou Vijay Singhal, Chief Executive Officer January 19, 2011 SUBJECT: RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN -HOUSE COMMITTEES; CREATION OF AN IN -HOUSE AUDIT COMMITTEE (Continued from December 15, 2010) PURPOSE This report requests that the City Council designate representatives and alternates as official representatives of the City and to review and appoint members to the established in -house committees. It is also requested that the Council approve the creation of an in- house Audit Committee and appoint two Council Members to serve on the committee. BACKGROUND Traditionally, every year following the reorganization of the City Council, the Council is requested to designate members as representatives and alternates on certain committees and organizations. Additionally, in -house committee appointments are included with this report for review and consideration of amendments. DISCUSSION This year, Council is requested to approve the creation of an Audit Committee as a new in- house committee. It is considered a best practice in the private and public sectors to have an audit committee for the oversight of financial reporting and internal controls, especially in light of the corporate and government financial debacles that have transpired in the past several years. The public, as well as oversight agencies and other funding sources, continues to place greater importance on the integrity of financial and compliance reporting by the public sector. The role of the Audit Committee would be to meet with the City's independent external audit firm to review and discuss the City's financial and compliance reporting and disclosure process and the results of the independent audit. City management has the responsibility to ensure the accuracy of the financial statements and compliance with laws, regulations, and agreements. It would be the Audit Committee's function to carry out due diligence by evaluating information from the Finance Director, Chief Executive Officer, and the external auditors, which would then be communicated to the full City Council. The Audit Committee would perform its responsibilities for the benefit of funding sources, bondholders, oversight agencies, and the public at large. More specifically, the Audit Committee would meet with the City's independent auditors to review financial reports and other financial information; review the systems of internal controls and financial policies established by management; review the auditing, accounting, financial, and compliance reporting process; and to provide an open avenue of communication among the independent auditor, financial and senior management, and the City Council. The financial reports subject to review would include the City's annual financial statements and any compliance or other reporting or financial information submitted to any governmental body, or the public, including any certification, report, opinion, or review rendered by the independent auditor. The Audit Committee would then report back to the City Council the results of their review. RECOMMENDATION Staff recommends City Council: 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations and adopt Resolution No, 2011 -002 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY "; 2) review Committee in -house appointments and appoint members as representatives to the established committees; and 3) create an in -house Audit Committee and appoint two Council Members to serve on the committee. Attachment: • Resolution No. 2011 -002 • In -House Committee Roster RESOLUTION NO. 2011 -002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY The City Council of the City of Baldwin Park, California, does hereby resolve as follows: WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2010 -55 adopted January 20, 2010 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association -- Quarterly luncheon held on the 2nd Wednesday of the month; various locations Existing Appointees Now Appointees Representative: Council Member Pacheco Alternate: 1 Mayor Lozano Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4TH Wednesday, 1:30 p.m., District Office pointees New Appointees Representative: Ma or Lozano *Mayor Lozano Alternate: Council Member Ricardo Pacheco Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities -- Los Angeles County Division -- 1St Thursday, 7:00 p.m., Metropolitan Water District -- Courtyard Cafe, 15r Floor New Appointees Representative: Council Member Monica Garcia Alternate: Mayor Pro Tem Marlen Garcia Resolution No. 2019 -002 Page 2 Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" Director's Meeting -- 3rd Thursday, Various times /locations Section 5. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership — 3rd Thursday, 8:30 a.m., Glendora Existing Appointees New Appointees Representative: Chief of Police Lili Hadsell *Mayor Lozano Alternate: Mayor Manuel Lozano Section 5. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership — 3rd Thursday, 8:30 a.m., Glendora Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2"d Thursday of each month at various locations Existing Appointees New Appointees Representative: Mayor Pro Tem Marlen Garcia *Mayor Lozano Alternate: Chief of Police Lili Hadsell Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2"d Thursday of each month at various locations Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority -- As needed; various times /locations Existing Appointees Now Appointees Re resentative: Mayor Pro Tem Marlen Garcia *Mayor Lozano Alternate: Councilmember Monica Garcia Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority -- As needed; various times /locations Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — 1st Thursday of each month in conjunction with the League of California Cities meetings Existing Appointees Now Appointees Representative: Council Member Pacheco *Mayor Lozano Alternate: CEO Vijay Sin hal Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — 1st Thursday of each month in conjunction with the League of California Cities meetings *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — 1St Thursday of the month @ 9 am; Headquarters Existing Appointees Now Appointees Representative: *Ma or Lozano *Mayor Lozano Alternate: Mayor Pro Tem Marlen Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — 1St Thursday of the month @ 9 am; Headquarters Existing Appointees New Appointees Representative: Council Member Pacheco Alternate: Council Member Rubio Resolution No. 2011 -002 Page 3 Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Cluster meetings held Quarterly at the West Covina Headquarters Executive Board Room Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments -- 3RD Thursday, 6:00 p.m., various locations Existing Appointees New Appointees Representative: Mayor Pro Tem Marlen Garcia Alternate: Mayor Lozano Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments -- 3RD Thursday, 6:00 p.m., various locations Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2nd Wednesday, ,bi- monthly at various locations Existing Appointees New Appointees Representative: Council Member Monica Garcia Alternate: Council Member Rubio Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2nd Wednesday, ,bi- monthly at various locations Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative members of the San Gabriel Valley Economic Partnership -- Quarterly on the 3rd Thursday @ 4:00 p.m., Headquarters Existing Appointees New Appointees Representative: Council Member Pacheco Must be Elected Official Mayor Lozano Alternate: Mayor Manuel Lozano (May be staff member Substitute Alternate: Human Resources (May be staff member Manager Leticia Lara Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative members of the San Gabriel Valley Economic Partnership -- Quarterly on the 3rd Thursday @ 4:00 p.m., Headquarters Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative liaisons to the Baldwin Park Chamber of Commerce Existing Appointees New Appointees Representative: Mayor Pro Tern Marlen Garcia Representative:_ Mayor Lozano Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative liaisons to the Baldwin Park Chamber of Commerce Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. Existing Appointees New Appointees Representative: Council Member Pacheco Representative: Mayor Lozano Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. APPROVED and ADOPTED this ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK Resolution No. 2011 -002 Page 4 day of 2011. MANUEL LOZANO MAYOR I, LAURA M. NIETO, 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 held , 2011 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK 2011 IN -HOUSE COMMITTEES AND REPRESENTATIVES City Council Action, Name of Committee Existing Member New Members Mayor Lozano Graffiti Task Force Council Member Pacheco Mayor Pro Tem Marlen Garcia In -House Freeway Task Force Council Member Monica Garcia 2 + 2 + 2 City Council /School Council Member Monica Garcia Board/Water Board Council Member Rubio Mayor Pro Tem Marlen Garcia Shopping Center Committee Mayor Lozano Fireworks Committee Mayor Pro Tern Marlen Garcia Reinstated July 2, 2008 Mayor Lozano Workforce & Career Development Enhancement Council Member Monica Garcia Committee Mayor Pro Tern Marlen Garcia NEW COMMITTEE Audit Review Committee Committee subject to the "BROWN ACT" AGENDA BALDWI N PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING January 19, 2011 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWI N P- A- R- K Manuel Lozano - Chair Marlen Garcia - Vice Chair Monica Garcia - Member Ricardo Pacheco - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEET /NO IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission 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 Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Community Development Commission that is distributed to the Community Development Commission less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) Community Development Commission Agenda Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice -Chair Marlen Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N 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] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner 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 Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of the December 15, 2010 meetings (special and regular.) ADJOURNMENT CERTIFICATION I Laura M. Nieto, Deputy 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 13th day of January 2011. Laura M. Nieto, CMC Deputy City Clerk Community Development Commission Agenda Page 2 �=MJ COMMUNITY DEVELOPMENT COMMISSION AGENDA TO[). Iq 12011 Item No. �1- COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK -- Jan. 19, 2011 WARRANT REGISTER NO. 727 REPORT: CHECKREG GENERATED: 15 APR 09 11:44 RUN: MONDAY TAN102011 13:45 PAGE 3 CITY OF BALDWIN PARK t CHECK REGISTER CHECK RANGE: 13235 - 13252 CHECK BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR IIA14E STATUS WO ----------------------------------------------------------------------------'-------------------------------------------------------- # A140UNT G/L ACCT # DESCRIPTION INVOICE # INV VEND 2 13235 $4630.00 12/09/10 00167 0 CALIFORNIA REDEVELOPMENT ASSOC. 4630.00 806 -40- 470 - 53330 - 14470 -2 ANNUAL MEMBERSHIP 1/1- 12/31/11 28857 2 13236 $150.00 12/09/10 00617 0 MARIPOSA LANDSCAPES INC. 150.00 890 -00 -000- 51101- 14900 -2 LANDSCAPE MAINTENANCE 0 ROP PR 49961 2 13237 $95.00 12/09/10 05154 0 M13LECIO PICAZO ' 95.00 801 -40- 470- 53350 - 14420 -2 REIMB FOR CA REDV WEBINAR WEBINAR REIMB 2 13238 $1200.00 12/22/10 08688 0 ALESHIRE L WYNDER LLP 600.00 836 -00 -006- 51101- 14900 -2 LEGAL SRV THRU 11/18/10 15468 600.00 834 -00- 000 - 51101 - 14900 -•2 LEGAL SRV THRU 11/18/10 2 13239 $49472.52 12/22/10 08113 0 BALDWIN PARK UNIFIED ' 19701.09 836 -00- 040 - -53375- 14900 -2 FY 09/10 PASS THRU 09/10 PASS THRU 20062.96 834 -00-000- 53375 - 14900 -2 FY 09/10 PASS THRU . 2175.84 832 -00- 000 - 53375 - 14900• -2 FY 09/10 PASS THRU 501.21 835 -00 -000- 53375 - 14900 -2 FY 09/10 PASS THRU -- 7031.42 831 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 2 13240 $49823.44 12/22/10 09313 0 CITY OF BALDWIN PARK 19053.07 836 -00- 000- 53375- 14900 -2 FY 09110 PASS THRU 09/10 PASS THRU 19342.60 834 -00 -000- 53375- 14900 -2 FY 09110 PASS THRU 2097.73 B32-00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 2551.09 835 -00 ^000 °53375- 14900 -2 FY 09110 PASS THRU 6778.95 831 --00 -000- 53375 - 14900 -2 FY 09/10 PASS THRU 2 13241 $6176.41 12/22110 09875 0 CONSOLIDATED FIRE PROTECTION DISTRICT 6176.41 831 -00- 000 - 53376 - 14900 -2 FY 09/10 PASS THRU 09110 PASS THRU 2 13242 $4650.77 12/22/10 00999 1 COUNTY SANITATION DISTRICT NO. 15 OPERATING 1805.43 836 -00- 000 - -53375- 14900 -2 FY 09/10 PASS THRU 09/10 PASS THRU 1787.23 834 -00 °000- 53375 - 14900 -2 FY 09/10 PASS THRU ' 193.83 832 -00- 000- 53375 - 14900 -2 FY 09/10 -PASS THRU 235.71 835 -00 -000- 53375 - 14900 -2 FY 09110 PASS THRU ' 628.57 831 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 2 13243 $1064.32 12/22/10 09314 0 COUNTY SCHOOL SERVICES 413.35 836 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 09110 PASS THRU _ 409.20 834 -00- 000 - 53375- 14900 -2 FY 09110 PASS THRU 44.38 832 -00- 000 - 53375- 14900 -2 PY 49/10 PASS THRU 53.96 835 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU ' 143.43 B31 -00- 000 - 53375 - 14900 -2 FY 69110 PASS THRU 2 13244 $1603.42 12/22/10 60331 1 EL MONTE UNIFIED SCHOOL DIST 1603.42 635 -00-- 000 - 53375- 14900 -2 FY 09110 PASS THRU 09/10 PASS THRU 2 13245 $609.23 12/22/10 09876 0 LOS ANGELES COUNTY FLOOD CONTROL MAINTENANCE 609.23 831 -00- 000- 53375 - 14900 -2 FY 09/10 PASS THRU 09/10 PASS THRU Warrants Register No. 727 Page 2 9 REPORT: CHECKREG GENERATED: 15 APR 09 11:44 RUN: N.ONDAY JAN102011 13:45 PAGE 4 CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 13235 - 13252 CHECK BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRB # VENDOR NAME STATUS 140 ----------------------------------------------------- # AMOUNT G/L ACCT # ------------------------------------------------------------------------------ DESCRIPTION INVOICE # INV VEND 2 13246 $990.55 12/22/10 09877 0 LOS ANGELES COUNTY LIBRARY 990.55 831 -00- 000 - 53375 - 14900 -2 FY 09/10 PASS THRU 09/10 PASS THRU 2 - 13247 $761.00 12/22/10 09316 0 MOUNTAIN VIEW SCHOOL DISTRICT 781.00 835 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 09/10 PASS THRU 2 13248 $7395.01 12/22/10 09315 0 MT SAN A3'7TONTG COLLEGE 2995.23 836 -00 -000- 53375 - 14900 -2 FY 09/10 PASS THRU 09/10 PASS THRU 2965.03 834 -00 -000- 53375- 14900 -2 FY 09/10 PASS THRU 321.55 832 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 74.07 635 -00- 000 - 53375- - 14900 -2 FY 09110 PASS THRU 1039.13 831 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 2 13249 $1513,18 12/22/10 09317 0 ORIGINAL AREA & UPPER 582.39 836 -00- 000 - 53375 - 14900 -2 FY 09/10 PASS THRU 09/10 PASS THRU 585.75 834 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 63.53 832 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 77.18 835 -00 -000 - 53375- 14900 -2 FY 09/10 PASS'THRU 204.33 831 -00- 000 - 53375 - 14900 -2 FY 09/10 PASS THRU 2 13250 $225.80 12/22/10 00738 0 RIO H_ONDO COMM, COlITIHU"B 225.80 835 -00- 000- 53375 - 14900 -2 FY 09/10 PASS THRU 09 /10.PASS THRU 2 13251 $3125.53 12/22/10 OOB28 0 VALLEY COUNTY WATER DIST 838.16 836 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 09/10 PASS THRU 1723.48 834 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 186,92 832 -00- 000 - 53375- 14900 -2 FY 09/10 PASS THRU 376.97 831 -00= 000 - 53375-- 14900 -2 FY 09110 PASS THRU 2 13252 $519.69 12/22/10 0931B 0 WEST COVINA UNIFIED SCHOOL DISTRICT 519.69 836 -00 -000- 53375 - 14900 -2 FY 09/10 PASS THRU 12/13/10 TOTAL '# OF ISSUED CHECKS: 18 TOTAL AMOUNT: 134025.87 TOTAL # OF VOIDED /REISSUED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF UNISSUED CHECKS: 0 CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES COMMUNITY DEVELOPMENT COMMISSION AGENDA ZZ(11 - I q , 2011 Item No. GL WEDIVCSUHT, UCGC1VIMr_K 15, 2010 6:00 p.m. City Hall - Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/ Chair Marten Garcia, Mayor Pro Tern 1 Vice Chair Monica Garcia, Ricardo Pacheco, Susan Rubio Council Members / Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council Member / Member Monica Garcia, Council Member 1 Member Rubio, Mayor Pro Tern 1 Vice Chair Marlen Garcia, Mayor I Chair Lozano. Absent: Council Member 1 Member Pacheco. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS ►i�Li767C RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 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; Unrepresented employees; and part -time employees 2. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION The Council I Commission reconvened in open session with Mayor / Chair Page 1 of 2 Lozano, Mayor Pro Tom I Vice Chair Marten Garcia and Council Members 1 Members Monica Garcia and Rubio present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council / Commission at their meetings held January 19, 2011. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, DECEMBER 15, 2010 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Marlen Garcia, Mayor Pro Tem 1 Vice Chair Council Members 1 Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice Chair Marlen Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Member Pacheco, seconded by Chair Lozano. 1. WARRANTS AND DEMANDS Commission received and filed. 2. MINUTES Commission approved the minutes of the December 1, 2010 meetings (special and regular.) 3. CONSIDERATION TO CANCEL LEGISLATIVE BODY MEETINGS OF JANUARY 5, 2011 (See related Item on the City Council Agenda) Page 1 of 3 City Council and Community Development Commission canceled the January 5, 2011 meetings and directed the City Clerk to post the appropriate notices of cancellation. 4. COMMUNITY DEVELOPMENT COMMISSION HCD ANNUAL REPORT OF HOUSING ACTIVITY OF COMMUNITY REDEVELOPMENT AGENCIES AND RESOLUTION NO. 460 IN REGARDS TO THE OBLIGATION BY THE CDC TO THE CITY OF BALDWIN PARK FOR THE FISCAL YEAR ENDING JUNE 30, 2010 Commission received and filed the HCD Annual Report for fiscal year ending June 30, 2010 and waived further reading, read by title only and adopted Resolution No. 460 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, STATE OF CALIFORNIA, ACCEPTING THE LOAN FROM THE CITY OF BALDWIN PARK FOR ADMINISTRATIVE EXPENSES FOR FISCAL YEAR 2009- 2010." 5. CONCEPTUAL REVIEW FOR THE CONSTRUCTION OF NEW FACADE IMPROVEMENTS TO AN EXISTING BUILDING FOR A PROPOSED GROCERY STORE AND RETAIL SPACE LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT AND SIERRA VISTA REDEVELOPMENT PROJECT AREAS; LOCATION: 14433 RAMONA BLVD.; APPLICANT: SUPER CENTER CONCEPTS, INC.; CASE NO.: PR 10 -17 Commission waived further reading, read by title only and adopted Resolution No. 458 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVE THE FACADE IMPROVEMENTS TO AN EXISTING BUILDING FOR A PROPOSED GROCERY STORE AND RETAIL UNIT WITHIN THE CENTRAL BUSINESS DISTRICT AND SIERRA VISTA REDEVELOPMENT PROJECT AREAS; LOCATION: 14433 RAMONA BOULEVARD; APPLICANT: SUPER CENTER CONCEPTS, INC.; CASE NO.: PR 10 -17." 6. RESOLUTION NO. 459 IN REGARDS TO THE SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUNDS (SERAF) OBLIGATION FOR FY 2009 -2010 (ABX4 26) Commission waived further reading, read by title only and adopted Resolution No. 459 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, STATE OF CALIFORNIA, MAKING CERTAIN FINDINGS REGARDING THE BORROWING OF FUNDS FROM THE LOW AND MODERATE INCOME HOUSING FUND TO ASSIST WITH THE PAYMENT TO THE SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND FOR FISCAL YEAR 2009- 2010." ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 10:17 p. m. Approved as presented by the Commission at their meeting held January 19, Page 2 of 3 2011. Laura M. Nieto, CMC Deputy City Clerk Page 3 of 3 AGENDA BALDWI N PARK FINANCE AUTHORITY REGULAR MEETING January 19, 2011 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 P- A- R- K Manuel Lozano - Chair Marlen Garcia - Vice Chair Monica Garcia - Member Ricardo Pacheco - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the 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 tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 hacerlo durante e/ perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice -Chair Marlen Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N 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 iijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the December 15, 2010 meeting (regular.) ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy 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 13th day of January 2011. Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2" 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 Inieto@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) Finance Authority Agenda CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES FINANCING AUTHORITY AGENDA JAN 1 9 WEDNESDAY, DW 15, 2010 7.00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/ Chair Marlen Garcia, Mayor Pro Tom 1 Vice Chair Council Members 1 Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice Chair Marlen Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Pacheco. 1. MINUTES Authority approved the minutes of the November 17, 2010 meeting (regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 10:18 p.m. Approved as presented by the Authority at their meeting held January 19, 2011. Page 1 of 2 Laura M. Nieto, CIVIC Deputy City Clerk Page 2 of 2 AGENDA BALDWI N PARK HOUSING AUTHORITY REGULAR MEETING January 19, 2011 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 I :Yil 10172A 10 ■ P- A- R- K Manuel Lozano - Chair Marlen Garcia - Vice Chair Monica Garcia - Member Ricardo Pacheco - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTELA 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 publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice -Chair Marlen Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N 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] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of December 15, 2010 (regular.) ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy 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 13th day of January 2011. Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2" 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 Inieto(c_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) MOUSING AUTHORITY AGENDA MINUTES JAN 19 CITY OF BALDWIN PARK �`J'ALD .- WEDNESDAY, ���IBER HOUSING AUTHORITY ,,°� �� 7 :00 p.m. COUNCIL CHAMBERS �rFa,,►a'' 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Marlen Garcia, Mayor Pro Tern 1 Vice Chair Council Members 1 Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice Chair Marlen Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto, PUBLIC COMMUNICATIONS I01 [Q041 CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Pacheco. 1. MINUTES Authority approved the minutes of the November 17, 2010 meeting (regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 10:18 p.m. Approved as presented by the Authority at their meeting held January 19, 2011. Page 1 of 2 Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2