HomeMy WebLinkAbout2010 02 22NOTICE AND CALL
OF A
SPECIAL MEETING
OF THE
CITY COUNCIL
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
MONDAY, FEBRUARY 22, 2010 at 6:30 P.M. at City Hall, 3rd Floor — Room 307, 14403 E.
Pacific Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
Dated: February 18, 2010
AFFIDAVIT OF POSTING
Manuel Lozano
Mayor
1, 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 February 18, 2010.
Laura M. Nieto, CMC
Deputy City Clerk
City Council
Special Meeting Agenda — February 22, 2010
CITY COUNCIL
MEETING SPECIAL
February 22, 2010
0-
CITY HALL - 3rd Floor Room 307
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960 -4011
Y
�,
Manuel Lozano - Mayor
Ricardo Pacheco - Mayor Pro Tern
Marlen Garcia - Council Member
Monica Garcia - Council Member
Susan Rubio - Council Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR OE 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.
City Council
Special Meeting Agenda — February 22, 2010
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.
CITY COUNCIL
SPECIAL MEETING — 6:30 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers: Marlen Garcia, Monica Garcia, Susan
Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor
Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PER/ODO DESIGNADO PARA DIRIG/RSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alg(jna
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 f jar asuntos para tomar en
consideracion en juntas proximal. [Codigo de Gobierno §54954.21
CONSENT CALENDAR
1. AUTHORIZATION TO SUBMIT GRANT APPLICATION FOR THE CONSTRUCTION
OF A GYMNASIUM AND NEW PARK AT OLIVE MIDDLE SCHOOL, APPROVAL OF A
JOINT USE AGREEMENT WITH THE BALDWIN PARK UNIFIED SCHOOL DISTRICT
AND ADOPTION OF RESOLUTION NO. 2010 -004 (Continued from February 17,
2010)
Staff recommends City Council 1) authorize staff to submit a grant application for the
construction of a joint -use gymnasium and new park at Olive Middle School under
Proposition 84 Funds; 2) approve the Joint Use Agreement with the Baldwin Park Unified
School District and authorize the Mayor to execute the Agreement and 3) waive further
reading, read by title only and adopt Resolution No. 2010 -004 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT
FUNDS."
NEW BUSINESS
2. CITY COUNCIL GOAL SETTING STUDY SESSION
Staff recommends City Council review the current goals and provide direction to staff
regarding the future direction and goals.
City Council
Special Meeting Agenda — February 22, 2010
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. Dated February 18, 2010.
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„ d Floor Lobby Area or at the Los Angeles County Public
Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the
City Clerk at 626.960.40111 ext. 466 or via e -mail at Inieto a()baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to
the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR
34.102.104 ADA TITLE//)
City Council
Special Meeting Agenda — February 22, 2010
BALDWIN
P A, R, K
CITY OF BALDWIN PARK STAFF I
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Se
DATE: February 22, 2010 (Continued from February 17, 2010)
SUBJECT: Authorization to Submit Grant Application for the Construction of a
Gymnasium and New Park at Olive Middle School, Approval of a Joint -
Use Agreement with the Baldwin Park Unified School District and
Adoption of Resolution No. 2010 -004.
The purpose of this report is to request the City Council to authorize the Director of
Recreation and Community Services to submit a grant application for the construction of a
gymnasium and new small park at Olive Middle School and approve the attached non-
binding Joint -Use Agreement with the Baldwin Park Unified School District (BPUSD) and
adopt Resolution No. 2010 -004.
BACKGROUND
On November 7, 2006, Californian voters passed Proposition 84. The $5.4 billion "Safe
Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection
Bond Act of 2006" (Proposition 84) is detailed in the Public Resources Code § §75001
through 75090.
Funding for this $368 million grant program was made available through the Sustainable
Communities and Climate Change Reduction chapter in Proposition, 84. (Public Resources
Code Division 43, Chapter 9, §75065 (b) (1 -5). This enabling legislation for this grant
program is set forth in Public Resources Code § §5640 through 5653.
Parks are unique places where children can play, people can exercise, families can bond,
seniors can socialize, youth can be mentored, cultures can share and celebrate their
differences, and everyone can connect with nature. For these reasons, vibrant parks
funded by this program will be cost - effective means of creating humane livable
communities.
This program will award grants on a competitive basis for the creation of new parks and
new recreation opportunities in proximity to the most critically underserved communities
across California. These projects will benefit the health of families, youth, senior citizens
and other populations groups by meeting their recreational, cultural, social, educational,
and environmental needs.
At their June 20, 2007 City Council Meeting the Comprehensive Park Master Plan was
approved, which establishes a community-supported road map for providing high quality,
well-managed parks and recreation facilities throughout the community. As one of the
recommendations found under section 3.3 New Parks, New School Parks recommends for
the City and the BPUSD to establish and formalize a joint-use agreement to maximize the
strategic locations of the schools.
DISCUSSION
The BPUSD has been working toward the construction of a full-size gymnasium to be
utilized at one (1) of their middle schools. The potential funding for this project is
contingent on the procurement of necessary funding and approval of a joint-use
agreement. Several discussions and meetings have occurred with the BPUSD and City
Staff to explore opportunities for this possible joint-use project. This new opportunity to
apply for funding through Proposition 84 has provided an opportunity for the City and
School District to collaborate on this project that will promote health and wellness as well
as increased green space in the City. This will compliment the progress that the City has
made toward a healthier and more active community.
Staff is recommending that the City form a partnership with the BPUSD and apply for
funding through Proposition 84 to cover the City's funding contribution. The proposed
project is a gymnasium and new small park at Olive Middle School. This area is currently
underutilized due to the condition of the existing facilities, lack of recreational opportunities
L I -utes to the City's deficit of usable open space and
and lack of green space. This contributes L11
has a negative impact on the quality of life for residents in that part of the City as indicated
in the Park Master Plan. The project will include a full-size gymnasium, new green space,
outdoor workout equipment and indoor/outdoor restmoms. This project will meet the
requirements for Silver Level LEED certification. The new gymnasium will be the size of a
collegiate level basketball gym, providing an opportunity to prepare young athletes for the
college level.
The maximum Proposition 84 grant allocation is $5 million per project, however staff will be
requesting $4,550,000 for the project to cover the City's contribution, The project is
estimated to cost Z$6.8 million to construct. The BPUSD will be contributing $7150,000 to
the project, which has already been set aside and the balance of $1,500,000 will be
submitted to the State of California Office of Public School Construction under the Joint-
Use Program grant for approval. Since the City will contribute significantly more to the
capital cost of the project, the City's maintenance and operations expenditures will be
deferred. However, the City will incur costs associated with part-time pay for evening and
weekend programs, totaling approximately $40,000 annually. In the event the City should
not be successful in receiving the grant, the City can withdraw from the joint-use
commitment with no financial obligation,
The Proposition 84 grant application indicates that joint-use projects are high priority
projects. In order to be considered as a joint-use project, the grant requires the inclusion of
a signed agreement, which is attached to this report. Should the City be awarded the
funds, the joint-use agreement will be re-defined and presented to the City Council for final
approval at a later date.
For purposes of this grant, the City will act as the applicant and pass through the funds
received by the State of California, Department of Parks & Recreation to the BPUSD. The
attached joint -use agreement defines the responsibilities for each agency in the event that
the BPUSD is successful in their proposal to the State of California Office of Public School
Construction. The attached agreement permits the City to withdraw with no financial
obligation if the grant is not awarded. Due to the nature of the project, if funding is not
granted through Proposition 84, staff will explore alternate funding sources to continue
towards this joint -use effort.
If this project is fully funded the BPUSD will assume responsibility as the lead agency in the
construction of the project; conducting all negotiations, executing contracts and submitting
all documents for final approval to the City. The BPUSD will also share the responsibility of
operating and maintaining the gymnasium with the City.
FISCAL IMPACT
This grant will be used to fund a portion of the gymnasium and park construction at Olive
Middle School. The operating cost of the facility will be deferred, since the City is
contributing significantly more in start -up costs. It is anticipated that $40,000 in Part -time
pay will be budgeted annually. In addition, the project is expected to generate additional
$20,000 in new revenues.
RECOMMENDATION
Staff recommends that the City Council
1) Authorization staff to submit a grant application for the construction of a joint -use
gymnasium and new park at Olive Middle School under Proposition 84 Funds; and
2) Approve the attached Joint -Use Agreement with the Baldwin Park Unified School
District; and
3) Adopt Resolution No. 2010 -004 application to participate in the Sustainable
Communities and Climate Change Reduction chapter in Proposition 84 under the
Safe Drinking Water, Water Quality and Supply Flood Control River and Coastal
Protection Bond Act of 2006
Attachment: Joint -Use Agreement
Resolution 2010 -004
JOINT—USE AGREEMENT
FOR USE OF SHARED FACILITIES
THIS AGREEMENT FOR JOINT-USE OF SHARED FACILITIES ("Agreement") is entered into
this 17th day of February, 2010 by and between the CITY OF BALDWIN ("City"), a governmental
agency, and the BALDWIN PARK UNIFIED SCHOOL DISTRICT ("District"), a California public
school district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the Education
Code of the State of California (collectively referred to herein as the "Parties" and individually as a
"Party .
RECITALS
A. WHEREAS, the City and District have determined that a demonstrated need exists for a
gymnasium and recreation facility located on a new park at Olive Middle School pursuant to the
provisions of Proposition 84 (" The Facilities");
B. WHEREAS, the Parties have agreed to apply for a Joint-Use Grant (the "Grant") under
the School Facilities Program (SB 15);
C. WHEREAS, California Education Code Section 17077.42 ("Joint-Use Project") requires
that joint-use projects demonstrate the following:
1 The school district has entered into a Joint-Use Agreement with a government
agency, public community college, public college or public university, or a
nonprofit organization approved by the board.
2. The Joint-Use Agreement specifies the method of sharing capital and operating
costs, specifies relative responsibility for the operation and staffing of the facility,
and specifies the manner in which each entity will ensure the safety of the pupils.
3. The Joint-Use Agreement specifies the amount of the contribution to be made by
the joint-use partner.
4. The school district demonstrates that the facilities will be used to the maximum
extent possible for both school and joint-use purposes.
5. The project application qualifies for funding under paragraph (1 ) of subdivision
(b) of Section 17077.40 and the school district has received all approvals
necessary for apportionment under this chapter.
6. The project qualifies for funding under paragraph (2) or (3) of subdivision (b) of
Section 17077.40 and the school district has completed preliminary plans for the
project and has received State Department of Education approval of the plans.
D. WHEREAS, the Parties have agreed to act jointly to develop a plan to share usage of
the Facilities;
E. WHEREAS, the City has agreed to be the joint-use partner and contribute the
necessary matching funds for the Joint-Use Project in accordance with Education Code
Section 17077.42(c);
F. WHEREAS, it is the desire of the Parties, upon the express terms and conditions set
forth in this Agreement, to utilize the Facilities for the mutual benefit of each party;
G. WHEREAS, the Parties agree that the Facilities will be used to the maximum extent
possible for joint -use purposes;
H. WHEREAS, it is in the interest of the Parties to have the facilities envisioned by this
Agreement designed, constructed, maintained, and funded pursuant to the terms set
forth herein;
i. WHEREAS, the Parties acknowledge and agree that this Agreement shall be contingent
upon and effective only if the Grant is approved to construct the Joint -Use Project;
J. WHEREAS, the Parties desire to define the method of sharing capital and operating
costs, the relative responsibilities for the operation and staffing of the Facilities, and the
manner in which safety will be ensured with respect to the Joint -Use Project pursuant to
the terms set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals the Parties hereto agree as follows:
1.0 METHOD OF SHARING CAPTIAL AND OPERATING COSTS. The Parties will share capital
and operating costs as follows:
1.1 Capital Costs. The City will contribute matching funds for the Project. It is understood
and agreed that the City may in part, provide matching funds from a grant by and
through Proposition 84, for which it is applying for the purpose of covering the City's
contribution and related expenses.
1.2 Operating Costs.
1.2.1 Maintenance/Repairs. The District shall be primarily responsible for providing
custodial services, maintenance and upkeep of the Facilities and making any
necessary repairs. In the event the District cannot provide necessary
maintenance or repairs such will be performed by the City. In the event that
neither party is capable of providing necessary repairs, the District shall retain an
outside vendor for which the parties shall be in agreement and share the costs.
The District shall invoice the City for 50% of the costs expended.
1.2.2 Utilities. The District shall be responsible for the payment of all utilities associated
with the physical buildings and the City will be responsible for all utilities associated with
the park. Neither party shall be entitled to an offset from the other of costs or expenses
for utilities.
2.0 PROJECT DESCRIPTION. The following is a description of the Project:
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2.1 A new Facility designed to meet the needs of the District students and the community,
which shall including multi - purpose rooms, basketball court facilities, gymnasium, and a
small park with fitness equipment.
3.0 CONSTRUCTION OF FACILITIES. All construction services are to be performed by a properly
licensed architect, engineer, contractor, or inspector (including construction management
services which shall be provided by a licensed contractor, architect or engineer), shall comply
with al public works labor requirements, including the payment of prevailing wages. All
contractors and subcontractors, and their employees and agents who enter onto the Site for
any reason or at any time subscribed herein, shall submit or have submitted their fingerprints,
without exception, as proscribed by Education Code Section 45125.1.
4.0 OPERATION, STAFFING, AND SAFETY OF FACILITIES. The following describes the Parties
relative responsibilities for the operation, staffing and safety of the Facilities:
4.1 Management and Operation. The parties shall have responsibility for the operation and
management of the Facilities during the times herein designated. The District will be
responsible for the management and operation of the Facilities from 6:30.a.m. to 3:30
p.m. Monday through Friday. The City shall be responsible for the management and
operation of the Facilities from 3:30 p.m. to 9:00 p.m. Monday through Friday and
continuously on weekends commencing Friday after 9:00 p.m. and continuing to 6:30
a.m. on Monday ( "Period of Operation ").
4.2 Hours of Operation. The Facilities hours of operation will be as designated by the
parties during their respective periods of management and operation, and in
accordance with the hours established by either the City or District respectively, for
specifically permitted and /or approved uses. The Parties shall utilize their best efforts to
resolve issues of contemplated use during periods that span across both the City's and
District's hours or management and operation.
4.3 Staffing. Each party shall be responsible for the hiring, training, provision and
supervision of staff, for the Facilities during their respective period of operation.
Irrespective of the forgoing, the District shall provide supervision for students
participating in District sponsored events irrespective of the Period of Operation.
4.4 Safety. The District shall be responsible for taking adequate safety measures to ensure
the safety of District pupils utilizing the Facilities. The District shall provide sufficient
staffing to support the Facilities activities in order to ensure that the operation is
maintained in a safe and secure manner consistent with their responsibility under board
policy and the Education Code.
4.5 Access to Site. The City and the District, their employees, agents, and members
reserve the right to enter the Site at any time for reasonable purposes during the period
of construction on the Joint -Use Project.
Prior to the issuance of keys to any third party, including contractors and sub-
contractors, the Parties shall each require said third party, contractor or sub - contractor
to acknowledge that he /she has been informed that California Penal Code Section 469
provides that any person who "knowingly makes, duplicates, causes to be duplicated, or
uses," or attempts to do same, or possesses any key to a public building, without
authorization and with knowledge of the lack of such authorization, is guilty of a
misdemeanor, and that said third party, contractor or sub-contractor further specifically
acknowledges that he/she shall be responsible for any such duplication or unauthorized
use of said keys, whatsoever.
Use of Facilities. The Facilities will be used to the maximum extent possible for joint-use
purposes. To that end, it will be used in accordance with the policies and standards set
forth by each agency and in accordance with law, except, no person or organization
shall be permitted to use the Facilities where such use is inconsistent with provisions of
the Education Code, board policy or inconsistent with educational and or recreational
programs and activities of the City and/or District consistent this Agreement.
Any and all use of the project Facilities is subject to supervision pursuant to Section 4.4
herein.
5.0 PROJECT FUNDING. Project funding is based upon approval of the joint Use Project Grant
and the designation of matching funds at the rate of fifty (50) percent of the eligible costs under
the California Education Code Article 10.6, Sections 17077.40-17077.45, "Joint-Use Facilities".
6.0 OWNERSHIP OF THE SITE, FACILITY, FURNISHINGS, AND EQUIPMENT. The underlying
fee title to the land on Which the Facilities will be constructed shall be held by the City and the
District shall hold a valid lease in accordance with School Facilities Program Regulation
1859.22. All building and improvements shall be solely owned by the District. All personal
property, trade fixtures, furnishings or equipment provided or paid for by the City or the District
shall remain the property of the City or District respectively.
7.0 TERM OF THE AGREEMENT. This Agreement shall commence upon execution by the
Parties, and remain in effect for a term of thirty years subsequent to the date of execution to
and including February 17, 2040. This agreement is automatically renewable for an additional
term of the same duration unless either party prior to the end of the term provides at least six
(6) months notice to the V
other party that the Agreement shall terminate upon expiration.
I
8.0 TERMINATION, This agreement may be terminated by mutual agreement of the parties or
for cause as follows:
8.1 In the event funding is not received by or revoked from either party.
8.2 In the event either party fails to comply with the terms and conditions set forth herein
after being provided with notice of such breach and a reasonable period to cure
8.3 in the event either entity files for bankruptcy, is deemed to be fiscally insolvent by a
court of competent jurisdiction or the State of California.
In the event of termination for cause as described herein or mutual consent, the party invoking
this provision shall provide at least 45 days notice to the other party in accordance with Section
14 of this Agreement.
a1 9 11 - •
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9.1 No Party nor any of its officers, agents, volunteers, contractors, or employees shall be
responsible for any damage or liability occurring by reason of any acts or omissions on
the part of another Party under or in connection with any obligation delegated to the
Parties under this Agreement. Each Party shall indemnify, defend and hold harmless
the other party, their officers, agents, volunteers, contractors, and employees from any
and all liability, loss, expense (including reasonable attorneys' fees and other defense
costs), or claims imposed for damages of any nature whatsoever, including but not
limited to, bodily injury, death, personal injury, or property damage occurring by reason
of any acts or omissions on the part of the party's own officers, agents, contractors, or
employees under or in connection with any obligation delegated to such Party under this
Agreement. This indemnity shall survive termination of this Agreement.
9.2 Each Party agrees to require all third party organizations which each Party authorizes to
use the project facilities or enter the Site execute a document stating in part the
following:
[Name of Organization] agrees to hold harmless, defend and indemnify the City
and the District, their respective Board members, agents, officers, employees
and representatives against all actions, claims, or demands for injury, death, loss
or damages, regardless of fault or cause, by anyone whomsoever (except where
such injury, death, loss, or damage was solely due to the willful acts or omissions
of the City and District and /or their respective Board members, agents, officers,
employees and representatives), whenever such IIIJU y, death, loss, damage or
claim is a consequence of, or arises out of the use of or access to the Facilities,
by [Name of Organization] or its agents, officers, employees and
representatives.
9.3 Tort Liability. Government Code section 895.2 imposes certain tort liability jointly upon
public agencies solely by reason of such public agencies being parties to an agreement
as defined in Government Code Section 895. Therefore, the Parties hereto, as between
themselves, pursuant to the authorization contained in Government Code Sections
895.4 and 895.6, each assumes the full liability imposed upon it or any of its officers,
agents, representatives or employees by law for injury caused by a negligent or
wrongful act or omission occurring in the performance of this Agreement, to the same
extent that such liability would be imposed in the absence of Government Code Section
895.2. To achieve this purpose, each Party indemnifies and holds harmless the other
Party for any loss, cost, or expense, including reasonable attorneys' fees that may be
imposed upon or incurred by such other Party solely by virtue of Government Code
Section 895.21.
10.1 General Insurance Requirements. Without limiting the indemnification provision and
during the term of this Agreement, the Parties shall provide and maintain, and shall
require their subcontractors to maintain, the insurance programs set forth in this Section
10.0. Each Party's insurance shall be primary to and not contributing with any other
5
insurance or self - insurance programs maintained by the other Parties, and shall be
provided and maintained at the Party's own expense.
10.1.1 Evidence of Insurance. Each Party shall provide a letter or certificate of
insurance, or self - insurance, satisfactory to the other Parties prior to commencing
services under this Agreement. Such evidence shall identify this Agreement and
the required coverage, and provide that the other Parties receive written notice
by mail at least thirty (30) days in advance of cancellation for all required
coverage.
10.2 Insurer Financial Ratings and Self- insurance. If commercial insurance is used, it shall
be provided by an insurance company with an A.M. Best rating of not less than A: VII, or
as otherwise mutually agreed to by the Parties. In lieu of commercial insurance, each
Party shall retain the right to self- insure all or any portion of its insurance obligations
herein.
10.2.1 Notification of Incidents Claims or Suits. The Parties mutually agree to notify one
another of any accident or incident relating to services performed under this
Agreement which involves injury or property damage which may result in the
filing of a claim or lawsuit against any of the Parties, and, of any actual third party
claim or lawsuit arising from or related to services under this Agreement.
10.3 insurance Coverage Requirements. Each Party shall maintain the following programs of
insurance coverage:
10.3.1 General Liability insurance with limits of not less than the following, and naming
the other Parties as an additional insured:
General Aggregate: $2 million
Products /Completed Operations Aggregate: $1 million
Personal and Advertising Injury: $1 million
Each Occurrence: $1 million
10.3.2 Automobile Liability insurance with a limit of liability of not less than $1 million for
each accident. Such insurance shall include coverage for all "owned ", "hired" and
"non- owned" vehicles, or coverage for "any auto ".
10.3.3 Workers Compensation and Employers' Liability insurance providing workers
compensation benefits, as required by the State of California, and for which each
of the Parties' contractor and /or subcontractors shall be responsible. This
insurance shall include Employers' Liability coverage with limits of not less than
the following:
Each Accident: $1 million
Disease — policy limit: $1 million
Disease — each employee: $1 million
11.0 NON - DISCRIMINATION. The Parties agree that in providing the Facilities and related
services, the hiring of staff, and the selection and use of volunteers, all persons will be treated
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equally and without regard to or because of race, color, religion, ancestry, national origin, sex,
age, sexual orientation, marital status or disability, and in compliance with all anti-
discrimination laws of the United States of America and State of California.
12.0 REVIEW AND MODIFICATION PROCESS. The terms and conditions of this Agreement shall
be reviewed jointly by the Parties annually during the term to determine that the services of the
Facilities continue to meet the needs of the public and students. Each Party shall designate a
representative as the contact liaison in connection with any and all issues pertaining to this
Agreement. The City or District shall each designate in writing to the other Party the identity of
each liaison within ten (10) business days of the award of the Grant. The terms and conditions
of the Agreement may be revised or amended in writing as may be necessary from time to
time as mutually agreed by the Parties provided that any such amendment is consistent with
the original intent of the Agreement and the requirements of the Grant. The Parties shall
operate in good faith and use their best efforts to reach agreement in modifying any terms or
provisions of this agreement.
13.0 EFFECTIVENESS OF AGREEMENT. The Parties agree that this Agreement shall be
operative only if the application for the Grant funding is approved and received.
14.0 NOTICES.
14.1 Mailed Notice. Any notice required or desired to be served by any Party all be
personally delivered or delivered by UI MIou dates Mali, postage- prepaid, certified,
i lifl rj V
return receipt requested, or by reputable document delivery service that provides a
receipt showing date and time of delivery. Notices delivered by mail shall be effective at
5:00 p.m. on the second calendar day following dispatch. Notices personally delivered
or delivered by document delivery service shall be effective upon receipt. Notices shall
be delivered to the Parties at the following addresses:
To: City of Baldwin Park
Attn: Manuel Carrillo Jr.
Director of Recreation & Community Services
4100 Baldwin Park Blvd,
Baldwin Park, CA 91706
Telephone: 626 -813 -5269
Facsimile: 626- 814 -2998
To: Baldwin Park Unified School District
Attn: Mark Skvarna
Superintendent
3699 N. Holly Avenue
Baldwin Park, CA 91706
Telephone: 626- 962 -3311, 4212
Facsimile: 626- 856 -4930
14.2 Emergency Contact Numbers: The Parties will provide each other after -hours
emergency contact phone numbers of appropriate supervisory staff which shall be
periodically update. Such lists will also include emergency contact numbers for other
facilities, which may be utilized in the event of a community emergency.
15.0 PARTY EMPLOYEES.
15.1 City Employees: For purposes of this Agreement, all persons employed in the
performance of services and functions for the City shall be deemed City employees and
no City employees shall be considered as an employee of the District nor shall such
employees have any District pension, civil service, benefits, rights entitlements, or other
status while an employee of the City.
15.2 District Employees: For purposes of this agreement, all persons employed in the
performance of services and functions for the School District shall be deemed District
employees and not employee shall be considered as an employee of the City nor shall
such District employees have any City pension, civil services, benefits, rights
entitlements, or other status while an employee of the District.
16.0 MISCELLANEOUS.
16.1 Legal Representation Conflict of Interest Waiver. The Parties have agreed to dual
representation in this matter. The Parties have been informed of the legal
considerations related to dual representation. The Parties have each executed a
Conflict of Interest Waiver authorizing dual representation with respect to this
Agreement.
16.2 Attorneys' Fees/ Litigation. In the event of a dispute under this Agreement, each Party
shall bear its own attorneys' fees and costs.
16.3 Mediation. In the event any dispute arising under the terms of this Joint-Use Agreement,
the Parties shall meet and confer with the objective of resolving such disputes within
seventy-two (72) hours of the request of either Party. If, within seven (7) calendar days,
or such longer period as may be agreed upon by the Parties, the dispute cannot be
resolved by the Representatives to the Parties' mutual satisfaction, the Parties shall
mutually select a mediator, who is a respected professional with expertise in the area of
the dispute, to facilitate the resolution of the dispute. If the parties are unable to agree
on a mediator, the mediation shall be conducted in accordance with the then current
commercial Mediation Rules of the American Arbitration Association. Absent written
agreement of the Parties to the contrary, the mediation process shall be completed or
terminated within forty-five (45) days of the initial request for mediation.
16.4 Arbitration of Disputes: In the event that the Parties are unable to timely resolve the
dispute through mediation, the issues in dispute shall be submitted to arbitration
pursuant to California Code of Civil Procedure, Part 3, Title 9, Section 1280 et. seq., or
its successor statute. For such purpose, an agreed arbitrator shall be selected, or in the
absence of agreement, each Party shall select an arbitrator and those two arbitrators
shall select a third. Discovery may be conducted in connection with the arbitration
proceeding pursuant to California Code of Civil Procedure Section 1283.05. The
arbitrator, or three arbitrators acting as a board, shall take such evidence and make
such investigation as deemed appropriate and shall render a written decision on the
matter in question. The arbitrator shall decide each and every dispute in accordance
with the laws of the State of California. The arbitrator's decision and award shall be
8
subject to review for errors of fact or law in the Superior Court with a right of appeal
from any judgment issued therein.
16.5 Assignment: No Party shall assign this Agreement or any right or privilege any party
might have under this Agreement without the prior mutual written consent of all Parties
hereto, which consent shall not be unreasonably withheld, provided that the assignee
agrees in a written notice to all Parties to carry out and observe each applicable Party's
agreements hereunder.
16.6 Binding on Heirs: this Agreement shall be binding upon the Parties hereto and their
respective heirs, representatives, transferees, successors, councils, boards, and
assigns to the extent provided by law.
16.7 Time of the Essence: Time is of the essence with respect to each of the terms,
covenants, and conditions of this Agreement.
16.8 Severability: If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
16.9 Exhibits. All exhibits and attachments to which reference is made are deemed
incorporated in this Agreement, whether or not actually attached.
16.10 Interpretation /Governing Law /Venue: this Agreement shall be construed according to
its fair meaning and as if prepared by both Parties hereto. This Agreement shall be
construed in accordance with the laws of the State of California in effect at the time of
the execution of this Agreement. The Parties hereby agree that the appropriate venue
shall be in the Superior Courts of the County of Los Angeles and /or federal courts
located within the County of Los Angeles.
16.11 Authority. The person(s) executing this Agreement on behalf of the Parties hereto
warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said Party, (iii) by so executing this
Agreement, such Party is formally bound to the provisions of this Agreement, and (iv)
the entering into this Agreement does not violate any provision of any other agreement
to which said Party is bound.
16.12 Execution in Counterpart. This Agreement may be executed in several counterparts,
and as so executed shall constitute one agreement binding on all Parties hereto,
notwithstanding that all parties are not signatories to the original or the same
counterpart.
16.13 Effect of Recitals. The Recitals and Exhibit(s) herein are deemed true and correct, are
hereby incorporated into this Section as though fully set forth herein, and the Parties
acknowledge and agree that they are each bound by the same.
16.14 Conflicts of Interest. No director, officer, official, representative, agent or employee of
any Party shall have any financial interest, direct or indirect, in this Agreement.
9
16.15 Rights and Remedies are Cumulative. Except as may be otherwise expressly stated in
this Agreement, the rights and remedies of the Parties are cumulative, and the exercise
by any Party of one or more of its right or remedies shall not preclude the exercise by it,
at the same time or at different times, of any other rights or remedies for the same
default or any other default by another Party or Parties.
16.16 Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Agreement shall be deemed to be inserted
herein and the Agreement shall be read and enforced as though it were included herein,
and if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon application of any Party the Agreement shall forthwith be physically
amended to make such insertion or correction.
16.17 Cooperation. The Parties acknowledge that it may be necessary to execute documents
other than those specifically referred to herein in order to complete the objectives and
requirements that are set out in this Agreement. The Parties hereby agree to cooperate
with each other by executing such other documents or taking such other actions as may
be reasonably necessary to complete the objectives and requirements set forth herein
in accordance with the intent of the Parties as evidenced in this Agreement.
16.18 Ambiguities not to be Construed Against Drafting Party. The doctrine that any ambiguity
contained on a contract shall be construed against e nnrtX/ v ose nnun sei as al, "ea Nu[LY ,
the contract is expressly waived by each of the Parties hereto with respect to this
Agreement.
16.19 Non - liability of Officials. No officer, member, employee, agent, or representative of the
Parties shall be personally liable for any amount s due to hereunder, and no judgment
or execution thereon entered in any action hereon, shall be personally enforced against
any such officer, official, member, employee, agent, or representative.
16.20 Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any
rights upon any party not signatory to this Agreement.
16.21 Entire Agreement, Waivers, and Amendments. This Agreement incorporates all of the
terms and conditions mentioned herein, or incidental hereto, and supersedes all
negotiations and previous agreements between the Parties with respect to all or part of
the subject matter thereof. All waivers of the provisions of this Agreement must be in
writing and signed by the appropriate authorities of the Party to be charged. Any
amendment or modification to this Agreement must be in writing and executed by all of
the Parties hereto.
IN WITNESS WHEREOF, the CITY OF BALDWIN PARK and the BALDWIN PARK UNIFIED
SCHOOL DISTRICT have entered into this Agreement as of the Effective Date.
10
APPROVED AS TO FORM:
In
Aleshire & Wynder LLP
City Attorney
BALDWIN PARK UNIFIED SCHOOL DISTRICT
m-
Title:
Board Approval Date:
Cl TY OF BALDWIN PARK
m
Title:
11
RESOLUTION NO. 2010-004
RESOLUTION OF THE BALDWIN PARK CITY
COUNCIL APPROVING THE APPLICATION FOR
GRANT FUNDS FOR STATEWIDE PARK PROGRAM
GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been
delegated the responsibility by the Legislature of the State of California for the
administration of the Statewide Park Program, setting up necessary procedures
governing the Application; and
WHEREAS, said procedures established by the State Department of Parks
and Recreation require the applicant to certify by resolution the approval of the
application before submission of said Application to the State; and
WHEREAS, the City of Baldwin Park and the Baldwin Park Unified School
District desire to enter into an agreement for the construction of a community
gymnasium and park at Olive Middle School;
WHEREAS, the applicant will enter into a contract with the State of California
to complete the grant scope project;
NOW, THEREFORE, BE IT RESOLVED that the Baldwin Park City Council
hereby: Approves the filing of an application for the Olive Middle School Gymnasium
and new park, and
1. Certifies that said applicant has or will have available, prior to
commencement of any work on the project included in this application, the
sufficient funds to complete the project; and
2. Certifies that the applicant has or will have sufficient funds to operate and
maintain the project; and
3. Certifies that the applicant has reviewed, understands, and agrees to the
General Provisions contained in the contract shown in the Grant
Administration Guide; and
4. Delegates the authority to the Director of Recreation and Community
Services to conduct all negotiations, sign and submit all documents,
including, but not limited to applications, agreements, amendments, and
payment requests, which may be necessary for the completion of the
grant scope; and
5. Agrees to comply wit all applicable federal, state and local laws and
ordinances, rules, regulations and guidelines.
Resolution No. 2010-004
Page 2
PASSED AND APPROVED this 17th day of February, 2010.
MANUELLOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
1, LAURA 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
I by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LAURA NIETO
DEPUTY CITY CLERK
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OWN
F11
BALDWIN
P A � R, K
CITY OF
TO: Honorable Mayor and Members of the City Council
FROM: Vijay Singhal, Chief Executive Office
DATE: February 22, 2010°
SUBJECT: City Council Goal Setting Study Session
121.10:161-11
To provide the City Council with a synopsis of City's direction, major goals and priorities
that the City has been pursuing and to seek direction from the Council regarding future
direction, goals and priorities.
City of Baldwin Park has made significant strides in its quest to provide quality service
to the community and to improve the overall safety and quality of life of its residents.
This was the result of a clear vision and direction by the Council and a strong
commitment by staff to implement that vision. Even though the City has done very well,
it is important to reevaluate its direction, goals and priorities and to align and adapt
them if the needs and environment warrant so. With this objective the City Council has
asked for a study session to review City's direction and performance.
DISCUSSION:
Over the past years staff has been pursuing following goals as established and
approved by the Council:
— Improve Community Safety
— Improve Fiscal Condition
— Enhance Economic Opportunity
— Improving Community Health & Wellness
— Improve Customer Service
— Improve City's Operating Performance
— Enhance Quality of Life in the City
Staff developed plans and strategies and worked diligently towards the accomplishment
of these goals. We are very proud to say that as a result of Council's support and
guidance and staff's hard work significant accomplishments have been made in each of
these goals. As a result the City has transformed itself into a highly effective
organization delivering great service to the Community.
February 22, 2010
Staff report for Goal Setting Study Session
Page 2 of 2
A report, which highlights major accomplishments for the City is attached.
RECOMMENDATION
It is recommended the City Council review the current goals and provide direction to
staff regarding the future direction and goals:
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11
BALDWIN
P , A , R , K
CITY OF BALDWIN PARK
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Vijay Singhal, Chief Executive Officer
DATE: February 17, 2010
SUBJECT: 2009 -A Year in Review
1:11 ` •
To provide the City Council with an update on the City's performance and
accomplishments during 2009.
2009 was a very challenging year, with one of the worst recessions since the great
depression, resulting in significant job losses, business closures, home foreclosures
and declines in revenues, home sales and home prices. In addition, the State also took
money away from cities in order to balance the State Budget. The City of Baldwin Park
was impacted by the financial turmoil like most other cities.
It was also a year of many accomplishments for the City of Baldwin Park. Not
only was the City able to survive the massive economic storm, we stayed
financially strong, made significant strides in all areas of public service as well
as operational performance and we initiated many new and important projects.
It is very important to acknowledge that our performance improved despite significantly
lower resources both financial and personnel. This was made possible as a result of
the City Council's vision and support and staff's commitment, dedication and hard
work.
Our main business is to serve the community of Baldwin Park and our biggest priority is
to provide and maintain a good quality of life for the residents of the City. It is our goal
and ongoing effort to develop and implement programs and policies to continuously
enhance the quality of life to ensure a brighter future for the City and its residents. We
all know and understand that often there is a direct correlation between input and
output. The outcome depends on the efforts and resources invested in deriving the
output. We had been operating with fewer resources for many years and because of
the economic turmoil we experienced further declines in resources. It is very
encouraging to note that despite all of these challenges we have been able to deliver a
performance that would be the envy of many others.
Another highlight of this year was that staff from different departments worked together
and these collaborations resulted in a much better and rewarding performance.
2009 -A Year in Review
Page 2
The City's performance and accomplishments have been highlighted in the following
five core areas or elements for public service.
1. Fiscal Responsibility
2. Public Safety
3. Community Health and Wellness
4. Community Service
5. Building a Brighter Future
1. Fiscal Responsibility
We are very proud that despite an unprecedented economic crisis facing our nation,
which has caused significant adverse impacts on businesses, consumers and local
and state governments, the City of Baldwin Park continues to practice fiscal
conscientiousness: Here are some highlights of our efforts and accomplishments in
this area:
o Ended another fiscal year (2008/2009) in the black for the third consecutive
year
• Approved another balanced budget without using reserves
• Increased our reserves and cash balances significantly
• No staff cuts , layoffs or pay reductions
• No program or service cuts or reductions; and
• Increased programs and services
Unlike many other organizations, which are struggling to balance their budgets and
are implementing program cuts, potential lay offs, pay reductions, use of reserves
or other drastic measures such as reducing services, we have maintained all
programs and services funded in the prior year on top of successfully implementing
several new programs. As a result of these efforts and even during these tough
economic times our fiscal condition has improved.
The following chart shows the four year trend of the General Fund's cash balance.
6,000,
5,000,
4,000,
3,000,
2,000,
1,000,
General Fund Cash Balance
2006 2007 2008 2009
While a $5 million cash balance is much better than the small balance we had in
prior years, it is still not a very comfortable level for a city our size and especially
2009 -A Year in Review
Page 3
given the current economic uncertainty. Reserves help us deal with economic
uncertainties, disasters as well as help us with investments for growth and
development. Therefore, it is our goal to further strengthen our fiscal condition.
Not only has the city improved its financial position it has significantly improved its
operational efficiency. We operate with one of the fewest staff among comparable
cities.
2. Public Safety
The most important element for a good quality of life is a safe community; where
people are not only safe but feel safe. Baldwin Park has come a long way in
improving public safety. While there is no city that is crime free, there is great
opportunity and need for communities to decrease the crime and make their
communities safer. Crime reduction is ensured not only through enforcement but
through proactive measures such as education, training and collaborative efforts
with many other agencies and organizations.
Over the past few years, the City has made public safety a big priority and
implemented numerous programs and policies to make the city safer. These
programs and policies, combined with the efforts of the City's police force, have
resulted in a significant reduction in overall crime in the city. The following chart
shows the trend of crime for the past 5 years.
3,000
2,500
2,000
1,500
1,000
Part -1 Crime Trend
2005 2006 2007 2008 2009
During 2009, the City also saw a 38% reduction in homicides.
Not only has crime decreased but as a result of city's proactive efforts, traffic
accidents have also declined significantly making the city safer for pedestrians.
Even though we had 2% more traffic accidents in 2009 compared to 2008, overall
traffic accidents are significantly lower than 2005. Additionally, fatal traffic collisions
are also lower compared to 2005.
2009 -A Year in Review
Page 4
II
II
Traffic Collisions
2005 2006 2007 2008 2009
Even though crime has shown a steady decline, we continue to explore and
implement ways to make further improvements. It is the city's goal to reduce crime
and traffic accidents further. The Police Department plans to accomplish this goal
with a combination of aggressive enforcement as well as proactive efforts focusing
on prevention. During the year, the City implemented some new programs to
accomplish this goal:
New Crime Free Multi Housing program. The goal of this program is to
reduce crime in multi family units by creating partnerships and collaborations
between the Police Department, apartment owners and tenants. This
program is not only expected to improve the quality of life for tenants in multi
family units but it will also allow the Police Department to focus its efforts in
other areas by reducing calls for service from multi family units.
Gang Apprehension and Prevention (GAP) Taskforce to address gang
activities. In collaboration with police departments from several other
agencies, Baldwin Park Police Officer's conducted sweeps, made arrests,
confiscated firearms, issued citations and impounded vehicles. The
Taskforce had a significant positive impact on gang crime.
The Police Department also organized numerous outreach seminars and programs
to educate and train the community to stay and remain safe throughout the year.
Although these programs require tremendous efforts from staff they are considered
vital and very useful to improving the overall safety in the community.
• Pride Platoon 8 week program graduated 37 at risk students
• GAP Taskforce City implemented the GAP Taskforce to address gang
activities
• Neighborhood Watch Program to engage community in crime awareness
and prevention efforts
• Police Open House
2009 -A Year in Review
Page 5
• Received $172,018 grant from Office of Traffic Safety for traffic safety
improvement measures
• Car Seat Education and Inspections
• National Night out Against Crime
• Breakfast with COPS
• Project "YOU" a forum to empower women, create positive growth and
enhance quality of life for women.
• Managed the City's Emergency Operations Program, conducted trainings
and exercises to test City's readiness
• Sexting workshops to educate parents and teens on the risks and how to
stay safe
• Other programs that the Police Department provided /partnered /assisted
include; Project Sister, Children's Advocacy Center, Victims Assistance
Center, Narcotics /Sex Offender Registration, Explorer Post, Business Watch
Program, Red Ribbon Week, Family Assistance Program, Volunteer
Internship Program and Crime Stoppers Program
Thanks to the efforts of our sworn officers and other staff members who assist
them, Baldwin Park is a much safer community today. On a per capita basis, based
on the FBI Crime statistics for calendar year 2008 for surrounding cities with their
own police department, Baldwin Park ranks amongst the safest in various crime
categories as shown in the following table:
2008 Rank Based on crime per 1,000 residents
Total Crime
Property Crime
Violent Crime
Cit
Rank
City
Rank
City
Rank
Baldwin Park
1
El Monte
1
Covina
1
El Monte
- -- --
2
--
Baldwin Park
2
Baldwin Park
2
zusa �
- - 3
Azusa
A
� - -- - - -- - --
- --
3 1
- — a _
West Covina
. — -- --
_ -
3
Covina
4
Covina
4
Azusa
4
West Covina
5 -
West Covina
5
El Monte
5
Irwindale
6
Jrwindale
6
i Irwindale
6
Data Source: Federal Bureau of Investigations Uniform Crime Reports
Despite these significant gains in improving public safety we are committed to
continue our efforts to make the city safer for our residents.
• - •
While most communities tend to focus on traditional services such as police, street
maintenance, parks and recreation etc. City of Baldwin Park has also taken a very
proactive and aggressive role in improving the health and wellness of the
community, its residents and especially its children. City leadership has recognized
and acknowledged that to ensure a healthy and successful future for its residents it
is very important to:
• Provide an environment that encourages and promotes a healthy lifestyle
2009 -A Year in Review
Page 6
Discourages unhealthy and harmful choices and
Offers options and opportunities to embrace these choices.
In partnership with other agencies the City has implemented numerous programs in
this regard. Following is a list of some of the accomplishments in this area:
• Adopted Tobacco Licensing Ordinance to restrict sale of tobacco to minors
• Received a grant in the amount of $30,000 from Kaiser Permanente for the
construction of an Outdoor Fitness Zone at Hilda Solis Park (Teen Center)
• One of the few City's to receive excellent Grades (A & B) from Lung Cancer
Association for tobacco and smoke control efforts (out of 537 communities
67% received overall grade of F while the City received a "B" and was one of
the 19 cities to receive a grade of B or higher)
• Adopted the Healthy Eating Active Living Cities Campaign (HEAL)
Resolution
• Received $150,000 Environmental Justice Grant from Caltrans, which
facilitated a city -wide community participation process to foster health and
walkability
• Created a resident - driven Smart Streets Taskforce
• Received $25,000 AQMD Tree Partnership Grant — a matching grant to plant
street trees along Francisquito Ave.
• Helped secure extension for childhood Obesity - people on the Move Grant for
two more years
• Conducted Health fair for Seniors
• Conducted a Point of Dispensing (POD) Exercise to provide H1N1 Vaccines
to residents
• Received recognition as Playful City USA (only 32 cities in the USA, 9 in the
State and 2 in the Los Angeles County received this honor)
• One important and significant project in this category was opposing the City
of Irwindale's efforts to build a MRF just outside of our city boundary. The
MRF is expected to have adverse impacts on the city's residents including
children. The City mounted a strong protest to the Environmental Review
conducted by the City of Irwindale, and as a result the project that was
supposed to be approved in fall of 2009 is still pending.
4. Community Service
Customer Service
As a service organization our primary goal is customer service. The City of Baldwin
Park prides itself in providing quality service to its residents. Whether it is providing
recreational activities and programs for kids, youth, families and seniors, prompt
graffiti abatement, park maintenance, keeping the city clean, maintaining our
streets, Code Enforcement, education and awareness programs, developing and
implementing new programs to help our residents and businesses or just finding
creative ways to run an efficient organization, city staff is committed to developing
and implementing programs and activities and providing services that meet and
exceed expectations. Despite fewer resources, we have made significant efforts to
improve quality and delivery of service in all aspects of public service.
2009 -A Year in Review
Page 7
During the worst recession of our lifetime when other cities have cut programs and
services and reduced staff, the City of Baldwin Park has maintained all existing
programs and services that we provide to the Community. In addition, the City staff
developed and managed programs which have resulted in millions of dollars in
grants, recognitions and awards, new and improved facilities, better communication,
improved infrastructure, new programs and services and numerous other efforts to
enhance the quality of life in the City.
Enhancing City's image
Improving the City's image and changing perceptions has been a goal of the city.
Our accomplishments, efforts, collaborations, our participation and commitment to
regional issues such as securing funding for the 1 -10 and 605 interchange upgrade
and our ability and desire to offer strong position and support for legislation and
programs has earned the City significant recognition. Additionally, over the past few
years the city has implemented several programs to improve the appearance in the
city and make it more attractive and appealing to residents and visitors with Keep
Baldwin Park Beautiful Program, improved Graffiti Abatement program to ensure
prompt graffiti removal and more effective Code enforcement efforts. Here are
some examples of the performance improvement efforts of these functions.
Keep Baldwin Park Beautiful Staff continued to hold Keep Baldwin Park
Beautiful events and completed a two year cycle to provide 100% city coverage
as part of the Council approved grid enforcement system. The events provided
residents with education material, landscaping and general house maintenance
support and free collection of bulky items.
Illegal vendors were also a major focus in 2009. Code enforcement elevated
its efforts against illegal vendors' activity with extended work hours into the
evening, full day sweep operation in collaboration with our Police Department
and new policy to confiscate vendors' equipment. The effort produced 745
contacts and about $3,700 in vendor's cart collection fines. This is an increase
of more than 200% compared to 2007.
City's Code Enforcement Operations have improved remarkably over the past
few years. As a result of a new business model, technology and laws and
regulations that ensure speedier compliance, the operations productivity has
improved significantly (more than 100% in some areas). During 2009 Code
Enforcement was very aggressive they issued more than 5,000 Notices of
Violations and Citations, which were 19% higher than the prior year. These
efforts will be maintained and expanded in 2010 for the positive results they
produced. With a small staff of 2 full time and 8 part -time, the Division is very
nimble in adapting to an ever changing front of activity 7 days /week.
Graffiti Abatement The City has placed significant emphasis on prompt graffiti
removal as graffiti creates a perception of blight. The City invests significant
resources in this program and from October 2008 through October 2009, staff
abated more than 408,384 square fit comprising of 103,934 "tags" of graffiti.
2009 -A Year in Review
Page 8
Partnerships, Team Work and Staff Development
Our success is the result of numerous collaborations and partnerships that we have
forged and continue to build upon. The City has partnered with local and regional
organizations to develop and deliver programs and services to the community. City
staff works as a great team across departmental lines resulting in highly efficient
performance. City Staff is our main resource and the City's success depends on
staff's performance. The City has very dedicated and committed staff and it is our
priority and goal to help them become more successful by providing opportunities to
grow and develop. Therefore, the City maintained and provided training and
development opportunities to staff throughout the year. Focus on collaborations,
teamwork and staff empowerment and development has allowed us to maintain and
enhance services despite fewer resources.
Creating a Better Way of Life
Besides providing services such as public safety, street sweeping, park and
landscape maintenance to meet current needs, the City has also committed itself to
creating a better way of life for its residents in the future. To accomplish this, the
City implemented several new programs to not only increase services but provide
new resources, information services and access to opportunities. During these
tough times when everyone was cutting services or programs or doing less, the City
of Baldwin Park was an exception.
Improved Operating Performance
We are committed to enhancing the quality of service and are continuously on the
lookout for innovative ideas and creative solutions to improve our business
practices and improve our overall performance. During the past few years, the City
has not only delivered quality services and programs but strengthened the
organization by improving efficiency of operations of support functions as well.
Improvements in the areas of safety and risk management, dial a ride program,
facility management, contractual services, fleet management have allowed us to
reduce waste, reduce costs and improve overall performance.
Following are some examples of our community service efforts and
accomplishments during 2009. These are in addition to the programs, awards and
grants discussed earlier.
New Programs and Program Enhancements
o Implemented Summer Youth Employment program, which resulted in
employment of 200 youth in the Community
o Organized a Business Development Summit to assist and connect local
businesses with resources to assist with business development and growth
o Implemented an Abandoned property registration program to prevent the
properties from becoming blighted. The program has resulted in registration,
monitoring and maintenance of foreclosed properties.
o Added two new Concerts in the park
o Added Movies in the park program
2009 -A Year in Review
Page 9
• Expanded the Santa Clothes Program to Walmart
• Organized City's first ever job fairs for its residents
• Conducted Foreclosure and loan modification workshops to provide options
and resources to homeowners
• Requested and assisted Southern California Edison (SCE) with its Direct
install program for local businesses resulting in $163,000 in energy retrofits
for 163 businesses and 520,000 kwh in annual energy savings
• Implemented a Local hiring incentive program to encourage hiring of
residents by contractors
• 2010 Census kickoff and participation
• Implemented a Discount prescription drug program
• Implemented a program to provide Discounts on permit fees for low income
families
• Implemented several energy efficiency programs
• Implemented Family self sufficiency program to encourage and reward
Section 8 recipients to obtain gainful employment or further education.
• Implemented Homeless Prevention and Rapid Re- Housing program to
provide financial assistance and services for families at risks of becoming
homeless.
• Entered an agreement with a non - profit organization to purchase and
renovate a 5 -unit residential complex for rent as affordable units.
Grants Awards and Recognitions
• Only City in the San Gabriel Valley to receive awards and recognition from
the California Society of Parks and Recreation for the 6t" consecutive year
• Received /secured $3.75 million from stimulus
• Received $970,226 in Neighborhood Stabilization Program monies (NSP)
• Received /secured $705,000 from stimulus for energy efficiency projects
• Received $7,500 grant for distribution of food and motel voucher assistance
• Received $11,000 in used oil grant
• City was recognized in printed and news media for its numerous
accomplishments and efforts
Investment in improving streets, facilities, equipment and pedestrian safety
• Approved $18 million Capital improvement Plan, which includes construction
of a Transit center parking facility, numerous street improvements and
investment to improve traffic safety in the city.
• Completed Syracuse Storm drain project to prevent flooding in the area
• Completed Francisquito Ave. rehabilitation, which resulted in improved
streets and installation of traffic safety devices such as better signal crossing
indicators and Speed Feedback signs to warn drivers.
• Worked on initiating a State mandated Sewer System Master Plan to assess
the condition of the system
• Creative planning by staff resulted in completion of phase I of Morgan Park
Upgrade by installation of new playground equipment despite suspension of
funding by the State
• Initiated Phase II to install several improvements including increased parking
and water features (expected to be completed in Spring 2010)
2009 -A Year in Review
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• Installed stop signs and speed feedback signs at other major streets
• Made investments in equipment, technology including software, police
vehicles and facilities to provide city staff the tools and resources to provide
efficient service
Others
• Redesigned the Bi- monthly newsletter NOW to reduce costs and improve the
content
• Established proactive communication with Caltrans to inform residents and
businesses about the 1 -10 construction to minimize the impacts
• Assisted Caltrans, LA County Sheriffs, and CHP with Homeless Camp
Clean -up at San Bernardino Freeway Underpass
• Secured approval from the County to refinance its CDC debt, which could
result in significant interest savings
• Realized significant savings on contract negotiations with vendors
5. Building a Brighter Future
While being successful in the present is not only desired but expected, it is very
critical to also have a robust plan for the future: a plan that ensures growth, success
and prosperity in the future. For local agencies such as ours the future depends not
only on how best we use our existing resources but on our ability to create new
opportunities and new resources. If the resources are limited, the future
opportunities will also be limited. The City of Baldwin Park is a small city by area
with only 6.7 square miles for a population of over 80,000. The City is built out with
a high density. Our revenues are significantly lower than our neighbors because our
residents spend their money outside city boundaries thus depriving us the
opportunity to use that money for services within the community. Our population
has grown at a significant pace causing an increased need for services. In order to
keep up with the increasing service demands, cost reductions, cost cuttings and
efficiency improvement measures will have limited impact. In order for us to create
a better future for Baldwin Park we must generate new resources and tap new
opportunities in addition to maintaining and growing what we already have.
Our success in creating new resources for the future depends on our ability to adapt
to the changing environment, market conditions, and how we can generate
development opportunities that will attract new businesses and new opportunities.
The options to accomplish this include:
o Better land use planning to facilitate attraction of new industries and
businesses including emerging new technology and green industries, have the
ability to plan for smart population growth and promote environmentally
conscientious development
o Implementing policies and programs to enable the city to take a leadership role in
creating a sustainable community. Encourage emerging businesses to establish
and grow in the community, develop and implement programs to promote
education, training and facilitating job opportunities for residents, and developing
2009 -A Year in Review
Page 11
and implementing awareness, education and incentive programs to encourage
residents and businesses to embrace sustainability as a priority
o Redevelopment of blighted and underperforming areas to encourage
developments, which creates greater value for the community
o Making the City attractive to potential businesses and residents by creating and
promoting a positive and attractive image of the city
o Creating amenities and opportunities for the future generations to embrace the
city as a home and destination of choice
o Continue efforts to protect and enhance neighborhoods, improve quality of life
in the community by enhancing safety, service delivery and good programs
Granted, these are very high expectations with numerous challenges, especially in
light of these tough times. it will take a concerted effort and strategy to accomplish
them but it is not an impossible feat. The City has been working on these various
elements, and we plan to continue to do so in order to bring them to fruition.
Summary
As discussed in the report, in 2009 the City of Baldwin Park made significant strides in:
• Maintaining fiscal stability
• Improving public safety
• Implementing programs to improve Community's Health and Wellness
• Providing quality community service by maintaining high standards of customer
service, new and improved programs and improving overall quality of life in
Baldwin Park
• Establishing a direction and working towards a brighter and prosperous Baldwin
Park in the future
We hope that our efforts in these core areas will enhance our ability to provide quality
public service to our community, not only today, but in the future as well.
We are very proud that our efforts and contributions made 2009 yet another great year
for the City of Baldwin Park especially when program and service reductions, layoffs
and furloughs seem to be the norm. This success was the result of a strong vision and
support from the Council, strong commitment and leadership from the E -Team and
dedication and hard work by all city staff members.
Thanks to a great performance by an outstanding team.
RECOMMENDATION:
It is recommended that the City Council receive and file this report