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Home My WebLink About2010 11 03NOTICE 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, NOVEMBER 3, 2010 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: October 28, 2010 AFFIDAVIT OF POSTING 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 October 28, 2010. Laura M. Nieto, CMC Deputy City Clerk AGENDA BALDWI N PARK CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSIO SPECIAL MEETING November 3, 2010 6:00 P.M. CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWI N P- A- RT K Manuel Lozano - Mayor /Chair Ricardo Pacheco - Mayor Pro TemNice Chair Marlen Garcia - Council Member /Member Monica Garcia - Council Member /Member Susan Rubio - Council Member /Member Please note meeting location 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. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 6:OOP.M. CALL TO ORDER ROLL CALL: Councilmembers /Members: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tem/Vice Chair Ricardo Pacheco 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 -059 Henry H. and Kao Chang 4212 Maine 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 -068 Bank of America 14401 Ramona 8437 - 004 -069 J &J Warehouse Co. / Newman Tek Capital 4124 Maine 8437 - 004 -070 Roxbury Properties 4124 Maine 8437 - 004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) Properties: 8554 - 001 -806 N/A 8554 - 001 -807 N/A 8554 - 001 -808 14436 Ramona Blvd. 8554 - 001 -809 14436 Ramona Blvd. Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: GTE California, Inc. Under Negotiation: Price and terms of payment 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. October 28, 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, 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) *AMENDED* AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING November 3, 2010 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 Ricardo Pacheco - Mayor Pro Tern Marlen Garcia - Councilmember Monica Garcia - Councilmember Susan Rubio - Councilmember 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 Councilmembers: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Recognition of Maria De Los Angeles Hernandez for her heroic actions in assisting Clint & Betty Nixon 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. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF NOVEMBER 3, 2010 TO NOVEMBER 16, 2010 Staff recommends City Council approve the preparation and presentation of the certificates, plaques and proclamations as outlined in the staff report. City Council Agenda — November 3, 2010 Page 2 3. MINUTES Staff recommends City Council approve the minutes of the October 20, 2010 meetings (special and regular). 4. AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR TWO NEW COPY MACHINES Staff recommends City Council approve entering into a sixty (60) month lease agreement with Advanced Office Services for the leasing of two copy machines. 5. 2ND READING OF ORDINANCE NO. 1336 Staff recommends City Council waive further reading, read by title only and adopt on second reading Ordinance No. 1336 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTIONS 153.565 THROUGH 153.575 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TREE PRESERVATION AND PROTECTION; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 168." 6. AUTHORIZATION TO PROCEED WITH RFP FOR DESIGN / BUILD SERVICES FOR SOLAR INSTALLATION AT MORGAN PARK Staff recommends City Council authorize staff to advertise the Request for Proposals for Design / Build Services for the proposed solar photovoltaic system installation project at the Morgan Park Community Center funded using Energy Efficiency and Conservation Block Grants (EECBG.) 7. AUTHORIZATION TO PROCEED WITH ADVERTISEMENT OF A REQUEST FOR PROPOSALS (RFP) FOR THE PRINTING OF THE BALDWIN PARK NOW Staff recommends City Council 1) authorize the Director of Recreation and Community Services to proceed with advertisement of a Request for Proposals for the printing of the Baldwin Park NOW; or 2) provide alternative direction for selection process. 8. FISCAL YEAR 2009/2010 PRELIMINARY YEAR END FINANCIAL UPDATE Staff recommends City Council receive and file. 9. MONTHLY FINANCIAL REPORT - SEPTEMBER 2010 Staff recommends City Council receive and file. 10. ARROW HIGHWAY CORRIDOR PLANNING EFFORTS Staff recommends City Council 1) direct staff to continue to work with the San Gabriel Valley Council of Governments ( SGVCOG) on "next steps" in the planning process. NOTE: Council direction to continue towork with the SGVCOG does not commit the City to any conclusion. The city can terminate participation during the process should it be determined by the City Council that the process is not in the best interests of the City. REPORTS OF OFFICERS 11. ORDINANCE ADOPTING 2010 CALIFORNIA BUILDING CODE (CBC); 2010 CALIFORNIA GREEN BUILDING CODE; 2010 CALIFORNIA PLUMBING CODE; 2010 CALIFORNIA MECHANICAL CODE; 2010 CALIFORNIA ELECTRICAL CODE; 2010 CALIFORNIA ENERGY CODE; 2010 CALIFORNIA FIRE CODE; AND 2009 INTERNATIONAL BUILDING CODE (IBC) City Council Agenda — November 3, 2010 Page 3 Staff recommends City Council waive further reading, read by title only and introduce for first reading Ordinance No. 1338 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING PARTS 1 THROUGH 19 OF CHAPTER 150 OF THE BALDWIN PARK MUNICIPAL CODE IN THEIR ENTIRETY TO ADOPT BY REFERENCE, AS AMENDED HEREIN: INTERNATIONAL BUILDING CODE, 2009 EDITION AND 24 CALIFORNIA CODE OF REGULATIONS ( "CCR ") PART 2 AS THE BUILDING CODE; 24 CCR PART 2.5 AS THE RESIDENTIAL CODE; NATIONAL ELECTRICAL CODE; 2008 EDITION AND 24 CCR PART 3 AS THE ELECTRICAL CODE; THE UNIFORM MECHANICAL CODE, 2009 EDITION, APPENDICES CHAPTER 1, SECTIONS 112.2 - 112.2.5, A AND D AND 24 CCR PART 4 AS THE MECHANICAL CODE; THE UNIFORM PLUMBING CODE, 2009 EDITION APPENDICES CHAPTER 1, SECTIONS 103.1.2 - 103.1.2.2, A, D, I AND K AND 24 CCR PART 5 AS THE PLUMBING CODE; "BUILDING ENERGY EFFICIENCY STANDARDS - STANDARDS FOR RESIDENTIAL AND NON - RESIDENTIAL BUILDINGS" WHICH INCORPORATES 24 CCR PART 6 AS THE ENERGY CODE; 24 CCR PART 7 AS THE ELEVATOR SAFETY CONSTRUCTION CODE; 24 CCR PART 7 AS THE HISTORIC BUILDING CODE, THE INTERNATIONAL EXISTING BUILDING CODE, 2009 EDITION, INCLUDING THE APPENDICES THERETO, AND 24 CCR PART 10 AS THE EXISTING BUILDING CODE; 24 CCR PART 11 AS THE GREEN BUILDING STANDARDS CODE; AND 24 CCR PART 12 AS THE REFERENCED STANDARDS CODE." 12. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION (Continued from October 20, 2010) Staff recommends City Council review Commission applications and waive further reading, read by title only and adopt Resolution No. 2010 -046 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" 13. *REVIEW OF FRANCHISE AGREEMENT WITH ROYAL COACHES (Added Friday, October 29, 2010 @ 1 :30 p.m.) It is recommended that City Council provide direction to staff. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Request from Council Member Monica Garcia for discussion on the following: Request that the city -wide emergency plan be presented to council at a regularly scheduled council meeting in the near future. • Request by Council Member Rubio for discussion on the following: - Request for discussion to place a commemorative plaque in honor of the City of Baldwin Park's endeavor to become a Tree City USA and the recent tree planting event - Request for discussion of a tribute plaque in memory of California State Senator of the 28th District, Jennifer Ann Oropeza (9/27/57 - 10/20/10) to be presented to her husband, Tom Mullins and family City Council Agenda —November 3, 2010 Page 4 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. Friday, October 29, 2010 @ 1:30 p.m. 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) *Agenda amended on Friday, October 29, 2010 to include Item #13 City Council Agenda —November 3, 2010 Page 5 RIX BALDWIN P >A R K TO: FROM: DATE: SUBJECT: PURPOSE: CITY OF BALDWIN PARK CITY COUNCIL AGENDA STAFF IPOIIT Honorable Mayor and Members of the City Council Lorena Quijano, Finance Director (PV 1 November 3, 2010 Warrants and Demands ITEM N0. 'I The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The Finance Department has recently converted to a new financial system. The Claims and Demands report format has been modified and continues to report the required information in accordance with the Government Code. The payroll of the City of Baldwin Park consisting of check numbers 192799 -• 192855 Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 211043 -- 211312 for the period of October 03, 2010 through October 16, 2010 inclusive, have been presented and hereby ratified, in the amount of $398,193.92. General Warrants, including check numbers 182644 to 182910 inclusive, in the total amount of $1,297,483.37 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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I l l d d O d 0 6 00 d b 00C. lf7 111 I 11l lf1 if 11 Lfl I L!l Ill f. 111 1 1 l 1 1 1 1 1 I 1 I F 1 I 1 ri o o H.4� o .-i o ,-7 10 d'u1Nm i'd'0171 IV Wm d' N N N N N N N N N N N N N N m cr W "wmmo Ot Wrnm (-)NOW mOt n H H mmmN nwt-m I-NN w IV t-mm[o m 1-1 111 � m W 00 d' n CO 0-, co rl H 1A N H n O O m O n M o 0 m r Ut ri 0 0 0 O O O 01 LO N V! u u [r1 kl W W U U U U w ra x q � U � H H O H O � q H H El E-I w N O O N El O [-1 CITY OF BALDWIN F--A-- R-,-K CITY COUNCIL AGENDA I PARK STAFF R&6fi TO: Honorable Mayor & Members of the Cit Cun I FROM: Vijay Singhal, Chief Executive Offic r DATE: November 3, 2010 ITEM NO. SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of November 3, 2010 — November 16, 2010 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 emergency requests for plaques and certificates were received: Requested By List of Honorees TimelDatell? lace of ` Presentation Date Nodded Mayor Lozano Community Baptist Church 3:00pm /October 315 Certificate of West Covina — 3803 Dundry Ave. 10 -31 -10 Dedication Ceremony Baldwin Park Mayor Lozano Maria De Los Angeles 7:00pm /November 3� Certificate Hernandez — Certificate of Council Chambers 11 -03 -10 Recognition 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 NOV m 3 bw AM WEDNESDAY1r`l3-F_- 20, 20'10 5:00 p.m. City Hall - Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Ricardo Pacheco, Mayor Pro Tem /Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Counciimembers 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: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Chair Lozano. Absent: Vice Chair 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; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437- 004 -059 Henry H. and Kao Chang 4212 Maine Page i of 3 8437- 004 -060 J &J Warehouse Co. / Newman Tek Capital 14417 Ramona 8437 - 004061 14433 Baldwin Park LLC 14433 Ramona 8437 - 004062 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -063 J &J Warehouse Co. I Newman Tek Capital NIA 8437 -004 -064 J &J Warehouse Co. I Newman Tek Capital 14467 Ramona 8437- 004 -065 J &J Warehouse Co. 1 Newman Tek Capital 14519 Ramona 8437 - 004 -066 J &J Warehouse Co. 1 Newman Tek Capital 14483 Ramona 8437 - 004 -067 J &J Warehouse Co. 1 Newman Tek Capital 14455 Ramona 8437 - 004068 Bank of America 14401 Ramona 8437 - 004 -069 J &J Warehouse Co. 1 Newman Tek Capital 4124 Maine 8437 -004 -070 Roxbury Properties 4124 Maine 8437- 004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) Properties: 8554 -001 -806 NIA 8554 -001 -807 NIA 8554 -001 -808 14436 Ramona Blvd. 8554 - 001 -809 14436 Ramona Blvd. Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: GTE California, Inc. Under Negotiation: Price and terms of payment 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION Page 2 of 3 Reconvened in open session with all members 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 1 Commission at their meeting held November 3, 2010. Laura M. Nieto, CIVIC Deputy City Clerk Page 3 of 3 CITY OF BALDWIN PARK CITY COUNCIL MINUTES WEDNESDAY, OCTOBER 20, 2010 7.00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro TemNice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER Following the call to order, Mayor Lozano made the following announcement related to Item #10: 1 am aware that a public hearing notice was sent out indicating both the proposed Negative Declaration and RDAO amendment would be discussed by the Council this evening. Please be advised, the Council will only be discussing the Negative Declaration tonight. The RDAO amendment will not be considered tonight, due to the need for additional information. If anyone is here to give input on the RDAO amendment itself, then they can do so. However, please be advised another public notice will be provided advising of when the RDAO amendment will be returning to the City Council for reveiw and consideration. It would likely be better to provide that input then. INVOCATION Led by Mayor Pro Tern Pacheco PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano announced the success of the Senior Prom and asked Director Carrillo to thank his staff for their efforts. He spoke about the recent tree planting event in which 18 trees were planted and that an additional 200 trees would be purchased to beautify the city Mayor Pro Tern Pacheco thanked the Baldwin Park soccer league and commended them for the great job they'd been doing in the community. They were strong community partners and he would continue to support them Council Member Rubio thanked Charlie Contreras, students and Council Members for their efforts with the tree - planting event and expressed her thanks Page 1 of 12 that Betty & Clint Nixon were rescued from a fire at their residence City Treasurer Contreras welcomed back Council Member Marlen Garcia and wished her a happy belated birthday Council Member Monica Garcia thanked all of the participants at the tree planting event and spoke about the grant opportunity that was brought forward by Rainbow Yeung of AQMD. She thanked staff for being diligent and keeping up with the grant application. She said that the first round of applications were unsuccessful and thanked Associate Planner Lopez for working on the subsequent, successful application. She thanked the community stakeholders and said it was an example of a great community effort. Council Member Marlen Garcia requsted that the meeting be adjourned in memory of Clara, grandmother of Commissioner Martha Reyes who was over 100 years old. She spoke about the household hazardous waste round -up that took place in September and requested that staff send a thank you letter to County of Los Angeles Department of Public Works. She commended them for the outstanding job that they did with the event and expressed the hope that they could do it once a year. ROLL CALL Present: Councilmember Marlen Garcia, Mayor Lozano, Councilmember Monica Garcia, Councilmember Rubio, Mayor Pro Tern Pacheco. Absent: None. Also Present: Chief Hadsell, City Treasurer Contreras, City Clerk Avila, Deputy City Clerk Nieto, Recreation & Community Services Director Carrillo, City Attorney Pannone, Community Development Manager Castagnola, Public Works Director Galvez, Chief Executive Officer Singhal, Finance Director Quijano. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS NONE PUBLIC COMMUNICATIONS Ken Woods, resident and business owner spoke about Ordinance No. 1290 and the significance of it with the Bisno project but that it was now hindering growth. He asked the Council to consider overturning the ordinance James Hunley, spoke about the impound policy, asking that the Council not adopt the proposed policy and that the Chief make sure that people know when their car can be released. He also asked that the Police Department let individuals get their personal property out of the vehicles. He expressed the opinion that people Page 2 of 12 were being abused by the policy Yunuen Trujillo, spoke about the new checkpoint policy and thanked the Council for translating it to Spanish. Spoke about conditions of one day impounds and assistance to those at check points and asked that there be an evaluation every few months to make sure that these guidelines are being enforced. She also asked that information be placed on the city website. Mayor Louie Aguinaga, South El Monte told the Council that he was running for the WQA position for cities without pumping rights and asked for their support. He spoke about the difficulties that cities are having with water issues Joe Seay, representing the Seay family and the property they own on Alderson expressed his opposition to AZC -169, saying that it was prohibitive to new business Mr. Chavez, West Covina resident spoke on the topic of checkpoints and impounds, citing a decision by the 9th Circuit Court of Appeals. He asked why the city was superceding these decisions and laws with its checkpoints Council Member Maggie Clark, Rosemead told the Council that she was seeking their nomination for the WQA seat for cities without pumping rights. She spoke about her qualifications and experience with water issues, saying that if the Council did not nominate one of its members, she would appreciate their support Public Communications were closed at 7 :30 p.m. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF OCTOBER 20, 2010 - NOVEMBER 2, 2010 City Council approved the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of May 19, 2010 (regular) and October 6, 2010 (special and regular.) 4. CLAIM REJECTIONS City Council rejected the claims of Cesar Diaz, Wendy Jolie, Michael Rodriguez and Richard Ligon and directed staff to send the appropriate notice of rejection Page 3 of 12 to claimants. 5. APPROPRIATION OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS FOR THE REHABILITATION OF THE PROPERTY LOCATED AT 4009 PUENTE AVENUE City Council approved the appropriation of $55,000 for the purpose of rehabilitating 4009 Puente Avenue under the Neighborhood Stabilization Program (NSP.) 6. ACCEPTANCE OF THE CDBG STREET IMPROVEMENTS PROJECT CONSTRUCTED BY ALL AMERICAN ASPHALT AND AUTHORIZATION TO RECORDS THE NOTICE OF COMPLETION City Council 1) accepted the construction improvements by All American Asphalt and authorize the recordation of a Notice of Completion and 2) authorized the payment of $6,980.25 in retention funds to All American Asphalt upon expiration of the 35 -day lien period. 7. SOBRIETY 1 DRIVERS LICENSE CHECKPOINTS AND IMPOUNDS (Continued from October 6, 2090) City Council 1) received and filed and ratified the Police Chiefs decision that the policy of the Baldwin Park Police Department will be to store vehicles of unlicensed drivers for one day pursuant to CVC 22651(p), and that vehicles of drivers with suspended or revoked licenses for drunk driving, reckless driving, or other traffic violations continue to be impounded for 30 days pursuant to CVC 14602.6; and 2) received and filed and ratified the Police Chiefs adopting and implementation of Baldwin Park Police Department Policies regarding Sobriety & Driver's License Checkpoint Policy and Vehicle Towing and 3) received and filed and ratified the Police Chiefs decision to continue Sobriety /Drivers License Checkpoints. 8. CITY TREASURER'S REPORT - AUGUST & SEPTEMBER 2010 City Council received and filed. SET MATTERS - PUBLIC HEARINGS 9. A REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE, ADDING LANGUAGE RELATING TO TREE PRESERVATION AND PROTECTION ON BOTH PUBLIC AND PRIVATE PROPERTIES; LOCATION; CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC -168 City Planner Harbin presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition. Seeing no interest the public hearing was closed. Council Member Rubio thanked staff for the impressive work that they did on the report, saying that the City deserved this type of policy and would see the Page 4 of 12 benefits of it. She thanked Council Member Monica Garcia for bringing the grant opportunity forward and said that the tree - planting event was beautiful and brought the community together Mayor Pro Tem Pacheco inquired about how this being applicable to public works projects, such as the recent displacement of several trees during the construction of improvements on Ramona Boulevard. City Planner Harbin said that it would have an impact on the trees on the public right of way. Mayor Pro Tem Pacheco thanked Council Member Rubio for bringing this item forward and was looking forward to the benefits. Motion: 1) waive further reading, read by title only and adopt Resolution No. 2010 -041 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 ADDING LANGUAGE RELATING TO TREE PRESERVATION AND PROTECTION; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -168" and 2) waive further reading, read by title only and introduce for first reading Ordinance No. 1336 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTIONS 153.565 THROUGH 153.575 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TREE PRESERVATION AND PROTECTION; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -168" Moved by Mayor Lozano, seconded by Mayor Pro Tem Pacheco. 10. CITY COUNCIL REVIEW AND ADOPTION OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT (AZC - 169) TO THE CITY'S MUNICIPAL CODE TO MODIFY AND ADD SECTIONS TO 153.315 THROUGH 153.316.5 OF ORDINANCE 9290 (RDAO) City Planner Harbin presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor. Seeing no interest he opened the public hearing for those in opposition. Opposition: Ken Woods, business owner /resident said that no one had had an opportunity to review the E I R Joe Seay, Alderson Avenue property owner asked the Council to consider delaying action until the complete ordinance was ready Cruz Sembello, resident concurred with the previous speakers and said that no one had seen the environmental report. She said that Planning Commission Chair Dexter had asked about it and City Planner Harbin allegedly reported that it hadn't been done since 1987 or 1989. She said that this was the first time that anyone had heard of it. She continued to thank City Planner Harbin for the previous report related to Page 5 of 12 tree preservation and asked that Council continue the item until the public could review the EIR and provide comments Ray Alber, business owner said that he had been trying to determine what the exact amendments to Ordinance 1290 were going to be and asked for details so that an intelligent conversation could be had. Seeing no further interst, the public hearing was closed Council Member Rubio commented that she wanted to support staff's recommendation to approve the item but also wanted to make sure there was no misconception or misinterpretation as to the process that was followed In response to an inquiry from Mayor Lozano, City Planner Harbin explained the basic processes and differences of the California Environmental Quality Act (CEQA) based on project type. She advised the Council that when the public hearing notice was sent out, it was advertised that there had been an initial study and that a Negative Declaration of Environmental Impact was forthcoming. She stated that she had not received any comments or inquiries from the public regarding this matter. Council Member Marlen Garcia asked if staff had done its due diligence in noticing this matter to which City Planner Harbin said that staff went above and beyond what was required and had mailed out over 800 public hearing notices. Council Member Monica Garcia thanked staff for sending out the notices and requested that for bigger projects, it should be the practice for staff to send out notices, even if it meant going above and beyond. She complimented City Planner Harbin on the explanation that she provided, adding that there were four levels of environmental review: categorical exemption; negative declaration; mitigated declaration and environmental impact report. She spoke about the different levels and gave examples for the benefit of the audience, with the most basic level being a categorical exemption and the most extensive being the Environmental Impact Report. Council Member Monica Garcia stated that the City was required by California law to go through the environmental review process and a determination was made that there were no negative impacts. Council Member Monica Garcia asked what information was provided to the public regarding the proposed amendment to the ordinance and about the availability of the records for public review, to which City Planner Harbin answered that the public hearing notice stated the City's intentions and any requests from the public would have been accommodated. Council Member Rubio thanked City Planner Harbin for the clarification Motion: Adopt the Negative Declaration of Environmental Impact for AZC- 169 and waive further reading, read by title only and adopt Resolution No. 2010 -042 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 6 of 12 BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE (AZC -169) ADDING AND MODIFYING SECTIONS RELATING TO THE REDEVELOPMENT PROJECT AREA OVERLAY (RDAO); LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUB -AREAS 2 AND 3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 169." Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. REPORTS OF OFFICERS 11. APPROVAL OF A DESIGN FOR THE PUBLIC TRANSIT FLEET (Continued from October 6, 2010) Director Carrillo and Acting Program Supervisor Galindo presented the report and the proposed designs Council Member Rubio asked for something that coincides with the community. She expressed her opinion that design numbers 1, 3 and 6 did not convey community, family mobility and going green. She would consider design numbers 2 and 4 because they were more toned down and spoke to family. She felt that design number 2 incorporated all of the elements but preferred the color on design number 4 for design number 2 Council Member Monica Garcia liked design number 3, sharing how she related each of the images to something in the community, such as the soccer player, woman walking with a stroller, and skateboarder. She felt that it sent a strong message that residents could related to. She especially liked the message incorporating "Healthy Baldwin Park" considering all of the healthy policies that the City Council had implemented and adopted. Images such as these were almost subliminal and could encourage residents to be healthy. Mayor Lozano inquired how many designs could be selected. The Council was told the number of buses and given options. Council Member Marlen Garcia suggested they select two designs. She asked Acting Program Supervisor Galindo to thank the committee for its great ideas and designs. She preferred design numbers 1 & 3 because they encompassed everything that the Council was trying to promote in the community. She again expressed that she like design numbers one and three. Director Galvez shared the number of buses that would be in the fleets. Mayor Lozano asked if they could pick two designs for six buses and expressed that he did not care for the "City in Motion" design or design number 6. Mayor Pro Tern Pacheco asked if they could select three designs and expressed that he liked design number 2, it showed a lot of family activities. Council Member Marien Garcia said that they could select three since the Bial- a -ride buses also need to be designed. Staff said that a modified design could Page 7 of 12 be created for the dial -a -ride. Council Member Rubio asked if they could agree on design numbers 2 and 3. She pointed out that the designs were different but messages were the same. Council Member Monica Garcia suggested that there be a color differentiation so that the buses could be told apart. Director Carrillo suggested that staff bring forward a simplified design for the dial -a -ride bus design to which the Council concurred, Acting Program Supervisor Galindo said that the HUB could be part of the branding to promote public transit or for marketing only. Council Member Rubio appreciated the intent of using "HUB" or Healthy Urban Bus for identification and Council Member Marlon Garcia said that the HUB could be placed on the door of each bus. The Council selected the center design with blue and yellow detailing. 12, APPROVAL OF THE CONCEPTUAL DESIGN FOR THE CITY ENTRY MONUMENT AND AUTHORIZATION TO FINALIZE DESIGN (Continued from October 6, 2010) Director Galvez presented the report along with Tom Segura, design 1 landscape architect Director Galvez reported that the plexiglass had been eliminated from the design. Mayor Pro Tern Pacheco inquired as to the location of the monument, which would be on Ramona Boulevard, east of the 1 -605. Council Member Rubio asked that a message be incorporated onto the back side of the monument to say something to the effect of "Thank you for visiting Baldwin Park." Mayor Pro Tom Pacheco asked about the water feature and it was reported that it would on be on one side of the entry monument, when you actually entered the city. Council Member Rubio thanked Council Member Marlen Garcia for suggesting that this be taken to the public. She supported staffs recommendation and noted the contrast from what was originally presented to the Council. She thanked staff for their efforts. In response to an inquiry from Mayor Lozano, it was reported that the water was recirculating and recycled. It was further reported that there would be low maintenance costs and no impact to the General Fund. Director Galvez additionally reported that staff had researched bus shelters and the lowest cost they could find to replace the existing shelters was approximately $10,000 each. There were eight existing bus shelters on Ramona Boulevard with others proposed. He recommended that the funds that had been set aside for bus shelters be used to refurbish the existing ones, either on Ramona Boulevard only or citywide. Mayor Lozano asked about the type of material that would be used for the Page 8 of 12 lettering to which Director Galvez responded that they would be using standard metal in a bottle color Council Member Marlon Garcia complimented the designs and appreciated the enhancements and the feedback from the community. She asked that staff publish the Council's selection in the NOW, thanking the public for their participation. She also liked the fact that by using the re- circulating, recycled water, the city was being green and preserving water. Mayor Pro Tom Pacheco asked that a separate item be brought forward related to the action on the bus shelters. Council Member Monica Garcia thanked staff and Segura Associates for the design and for incorporating the comments from the public. Motion: Approve revised monument Concept C and direct staff and the Landscape Architect to finalize the design and the contractor to build it and for the matter of the bus shelters to be brought forward to a future meeting Moved by Mayor Pro Tern Pacheco, seconded by Councilmember Rubio. 13, ADOPTION OF RESOLUTION 2010 -047 NOMINATING A CITY COUNCILMEMBER TO RUN FOR ELECTION AS A REPRESENTATIVE TO THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY Mayor Lozano acknowledged both of the individuals who were present at the meeting, seeking the Council's support. He said that he had considered running for this position because it was important for Baldwin Park, but due to a conflicting schedule, he would not be available. He spoke about Baldwin Park having high levels of perchlorate and the impact to water wells. Mayor Lozano nominated Council Member Monica Garcia. Council Member Monica Garcia thanked Mayor Lozano for the nomination and said that she understood the significance of the comments that he had made. She further thanked and acknowledged South El Monte Mayor Louie Aguinaga and Rosemead Council Member Maggie Clark for their attendance. Council Member Monica Garcia accepted the nomination of the Mayor and thanked him. Mayor Lozano provided additional background and reiterated that there should be a voice from the City of Baldwin Park so that the process of clean up could begin. The matter effected the entire San Gabriel Valley. Motion: waive further reading, read by title only and adopt Resolution No. 2010 - 047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, NOMINATING BALDWIN PARK COUNCIL MEMBER MONICA GARCIA TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY ". Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. Page 9 of 12 14. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION Motion: Table to the next meeting Moved by Mayor Lozano, seconded by Councilmember Rubio. CITY COUNCIL / CITY CLERK 1 CITY TREASURER f STAFF REQUESTS & COMMUNICATIONS * Request by Councilmember Monica Garcia for discussion on the following: Council discussion and direction on a policy related to cooling centers in the City of Baldwin Park (continued from October 6, 2010) Council member Monica Garcia spoke about the record breaking heat and asked that the city provide cooling centers. She asked the Council to consider a policy that would state when the temperature was over 100 degrees, the Community Center would be opened. Mayor Pro Tern Pacheco asked for clarification on what a cooling center was to which Council Member Monica Garcia answered that it would be a public building with air conditioning that opened for seniors and community members in extreme heat Council Member Rubio said that it was a great idea and that it would benefit those who did not have air conditioning. She wanted staff to look into the fiscal impact that this might have on public buildings as well as hours of operation Council Member Monica Garcia asked that Emergency Services Coordinator Daniel Rodriguez, provide a presentation on the city's emergency plan Council Member Marlen Garcia reported on her attendance to the League of California Cities conference and reported on the sessions she had attended She also spoke about her attendance at the Foothill Transit Governing Board Meeting and reported on actions that they are taking towards going green. She asked that a Neighborhood Watch group be coordinated on Durness, near Jones Junior High School. She reported that some elderly residents were being approached by unscrupulous contractors and other activities. Mayor Lozano suggested that it be put in the NOW so that people are aware of these individuals Mayor Pro Tern Pacheco asked that graffiti be addressed in several locations Mayor Pro Tern Pacheco also asked that staff look into landscaping on the public rights of way. He said that if the Council was expecting residents to keep their yards clean and in order, the city should as well. He specifically asked that they address the underpass near Wal -Mart and Puente Avenue. He wanted staff to come up with a plan, not excuses, to keep these areas clean. He noted that several islands were not well -kept and expressed that the Page 10 of 12 public needed to know that the areas are being maintained. He asked that staff bring a plan forward to Council. Mayor Pro Tern Pacheco also asked that staff bring forward the Royal Coaches franchise agreement so that the Council could take a look at the fees and terms. City Clerk Avila inquired about the status of the graffiti abatement near Jones Junior High School on the Metrolink right of way. Mayor Lozano asked that, without endangering the lives of staff, the graffiti be removed or the appropriate agency be notified. Mayor Lozano suggested that staff visit the City of Chino because they appeared to be using artificial turf on their islands Council Member Rubio wanted to recognize Lillian Moore at the Veterans Day event. Mayor Lozano announced the dates for the upcoming parade and Veterans Day festivities Mayor Pro Tem Pacheco announced an upcoming Domestic Violence Awareness workshop on November 10th. Chief Hadsell announced the Coffee with the Cops event and hoped everyone could attend Council Member Marlen Garcia spoke about using the NOW as a tool to promote various programs in the community. She also requested that when at all possible, events needed to be scheduled at least two months in advance so that it could be promoted in the NOW and added to the Council calendars. She suggested using other tools such as the robocall to promote city events and increase participation. Council Member Rubio reported that at the 2+2 meeting, the issue of increased participation for City and District functions had been addressed. They had also discussed a joint website and she asked CEO Singhal to look into it. City Clerk Avila reported that the schools always added City functions to their calendars if they had the information in advance. She announced that in the near future, each school site would also have their own websites. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:54 p.m. Approved as presented by the Council at their meeting held November 3, 2010. Laura M. Nieto, CIVIC Page 11 of 12 Deputy City Clerk Page 12 of 12 CITY COUNCIL AGENDA NOV rr r Iil ,'r J c CITY OF BAI-MIN PARK TO: Honorable Mayor and Members of the City Council FROM: John Yeung IS Supervisor7� DATE: November 3, 2010 1-91 SUBJECT: AUTHORIZE TO ENTER INTO A LEASE AGREEMENT FOR TWO NEW COPY MACHINES PURPOSE: The purpose of this report is to receive City Council approval to enter a Lease Agreement with Advanced Office Services for two copy machines. BACKGROUND The lease agreement of copy machines located at Administration department and Police department will expire in two months, Due to the age and heavy usage of these copy machines, they start to break down a lot and they also require more electricity to operate. The new copy machines will be more reliable, reduce down -time, and cost savings on the lease payments and operational expenses. They also provide more features and latest technologies to streamline workflow. Staff had searched difference vendors and had been attending many copy machine demonstrations. We have obtained four proposals as followings: Vendor Brand Name Monthly Lease Amount Advanced Office Services Ricoh $368.00 Select Office Solutions Kyocera $383.73 Select Office Solutions Konica $370.96 American Business Machines Canon $550.00 Our current contract costs $509.58 per month plus $150.00 operational expenses, the total cost is $659.58. This new contract will cost $368.00 per month plus $90.00 operational expenses, the total will be $458.00. With the new contract, the monthly saving is $201.58 or $2,418.96 annual saving. FISCAL IMPACT There will be an annual saving of $2,418.96. A copy of vendor proposal is attached to this report for council's review and information. RECOMMENDATION Staff recommends that the City Council approve entering into a 60 months Lease Agreement with Advanced Office Services for leasing of two copy machines. Attachment - Lease Agreement - Comparative Proposals Lease Agreement # HFS309880 -001 TI_RM5 AND CUNDITIUNS Full ego Name Phone Number uU BALDWIN PARK, CITY OF 6269604011 �u 130ngAdclress Purchase Order Kequisiltion Number w 14403 PACIFIC, BALDWIN PARK, CA, 91708 Equipment Is delivered to you until the Commencement Dale, as reasonably calculated by us based on the 7. End of Lease,You will give us at not more written below} before the expiration of the Initial Lease term (or any renewal term) of your intenton to purchase or Equipment oca n not same as above) en nvoxx to Attenton of absolute, uncondltional and are not subject to cancellation, reduction, setoff or countercialm. You agree to Equipment a e Model NUMber Serial Number Quantity LJOSCription (Att8Gn separate SOeOule T It Ne0essary) z r— o �= Ricoh MP C2800SPF are lo default on the Lease we may. (i} declare the entire balance of unppaald Lease Payments for the full ease term immediate* due and payable to us; (g} sue you for and receive the total amount due on the 1 Digital Color Copier, Scan, Print, Fax with Finisher statements on the equIFFmmeent. 3. Equipment Use, rda llienance and Warranties: We are leasing the E ulpment to you 'AS -!S' AND MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF rJERCHANTABILITY a per annum Interest rate equivalent to that of a U,S. Treasury constant maturity ob gallon (as reported by the U,S, Treasury Department) that would have a repayment term equal to the remainiino Lease term, 89 as OR FITNESS FOR A PARTICULAR PURPOSE, We transfer to you any manufacturer warranties. You are reasonably determined by us, or (8) M per annum, plus reasonab':e ooileotbn and legal costs; (id) charge yo as interest on all monies due at the rate of 18 per year or the highasi rate permitted bylaw from the date reqquired at your cost to keep the Equipment in good working condition and to ay for all supplies and repairs, of default; and {tv} require Thai you immediately return trio Equipment to us or we may peaceably repossess If the Lease Payment Includes the cost of maintenance ansifor service provided by a third party, you agree Ricoh MP C4000SP Equipment lo returned or repessessed we will sell or rerenl the Equipment al terms we determine, al ono or 1 Digital Color Copier, Scan, Print, Fax with Finisher ul related expanses) to your obligatons. Yalu remain nydai4lc''ancy w any excess retained us, or any ' nghis under this Lease without our prior written consent. You agree that wa may self), assn, or transfer the Lease the have the same rights and benefits we now have and will not have 9. Mlscellaneous: You agree the Lease is a Finance Lease as defined In ArUde 2A of the °UCC °. You the and new owner vrig acknowledge we have given you the name of the Equipment suppler and that you may have rights under to perform any of ow obligations and the rights of the new owner will not be subject to any Balms, defenses, Number ease e {I:QUALS) Total Lease i erm ot Lease N n of ease Option vaymen requency z Lease Payments Payment Sales Tax Payment Months 60 + = foss payee for the Insurance and give us written proof of the insurance, if you do not provide such insurance, you agree that wa have the right, but not the obitgation, to obtain such Insurance, and add an Insurance lea to 63 Fair Market Value Monthly r be admissible as evidence of the Lease, Re may Inspect the qulpment during the Lease farm. s evid 368 36.88 403.88 End of Leas—ePiirchase uptlon s uriessan crop on s n w + ecun First Period Other o o u. — Deposit Payment Enclosed z + _ + + TI_RM5 AND CUNDITIUNS 1. Lease; You (the'Lesseo') agree to lease from us (the 'Lessor') the Equipment listed above and on any will conVnue after the termination of this lease. You will obtain and fralntala comprehensive public liability attached schedule (the 'Lease`}. You authorize us to adjust the Lease payments by up to 15% if the cost of Insurance naming us as an addltlonal insured with coverages and amounts acceptable to us. the Equipment or taxes differs from the suW..ers estimate. This tease is effective on the date that it Is 6, Taxes: You agree to pay when due, either dlr c or as relmlwrsement to us, all sass, use and personal axepted and signed by us, and tho term of this Lease begins on thatdate or any later date that vie designate (the "Commencement DaW) and continues thereafter for the number of months indlcated above. Lease merits are due as Involoed by us. As will have of the Equipment from the date of its property taxes and charges In connection wih ownership and use of the Equipment We may charge you a ocessIng fee for administering operty fax filings, You will Indemnffy us an an afieMax basis against the pa you possession delivery, if we accept and sign this Lease you vrill pay us Interim rani for the period from the date the of any lax baneils anticipate at the Commencement Date arising out of your acts or omissions. least 60 days but than 120 days notice (to our address Equipment Is delivered to you until the Commencement Dale, as reasonably calculated by us based on the 7. End of Lease,You will give us at not more written below} before the expiration of the Initial Lease term (or any renewal term) of your intenton to purchase or Lease payment, the number of days In that period, and a month of 30 days, Your Lease obligations are return the Equipment With proper notice you may, a) purchase all file Equipment as Indicated above under absolute, uncondltional and are not subject to cancellation, reduction, setoff or countercialm. You agree to 'End of Lease Opton'(falr market value purchase option amounts will be determined by us based on the pay us a fae of $75 to reimburse our expenses for preparing financing statements, other documentation costs and all ongoing administration costs during the term of this Lease. Security deposits are non-Interest-bearing Equipments to place value), or b) return all the Equlpmant In good woring coed tion at your cost in a ilmly manner, and to a location we designate. if you fail 10 notify us, or ff you do not (Q purdrase or (s) return the and may be appfed to cure a Lease default If you era not In default, we 4 return the deposit to you when the Lease Is terminated. If a payment is not made when due, you will to pay us a late charge of 10ro of the Equipment as provided hareln, ihls Lease wig automatically renew at the same payment amount for consecutive 60-day payment or $14, whichever Is greater. We will charge you a fee of $25 for any check that is returned. ONLY WE ARE AUTHORIZED TO WAIVE OR CHANGE ANY TEWJ, PROVISION OR CONDITION OF THE periods. g, Default and Remedies: You are In default on this Lease if, a) you fail to pay a Lease Payment or any other amount when duo; or b) you breach any other obligation under the Lease or any other Lease with us. If LEASE. 2. Title, Unless you have a $1,00 purchase optlon, we will have Vtia to the Equipment If you have a $1,00 are lo default on the Lease we may. (i} declare the entire balance of unppaald Lease Payments for the full ease term immediate* due and payable to us; (g} sue you for and receive the total amount due on the purchase option andlor the lease Is deemed to be a security agreement, you grant us a security interest In the Equipment and all proceeds thereof. You authorize us to file Uniform Commercial Coda CUCC7 financing Lease us the Equi monks anlidpated end of Lease fair market value or fixed price purchase option (the 'Residual') With future Lease Payments and the Residual discounted to the date of default at the Iasi of (A) statements on the equIFFmmeent. 3. Equipment Use, rda llienance and Warranties: We are leasing the E ulpment to you 'AS -!S' AND MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF rJERCHANTABILITY a per annum Interest rate equivalent to that of a U,S. Treasury constant maturity ob gallon (as reported by the U,S, Treasury Department) that would have a repayment term equal to the remainiino Lease term, 89 as OR FITNESS FOR A PARTICULAR PURPOSE, We transfer to you any manufacturer warranties. You are reasonably determined by us, or (8) M per annum, plus reasonab':e ooileotbn and legal costs; (id) charge yo as interest on all monies due at the rate of 18 per year or the highasi rate permitted bylaw from the date reqquired at your cost to keep the Equipment in good working condition and to ay for all supplies and repairs, of default; and {tv} require Thai you immediately return trio Equipment to us or we may peaceably repossess If the Lease Payment Includes the cost of maintenance ansifor service provided by a third party, you agree It Any return or repossession trill not be considered a ter"naton or cancellaton of the Lease, if the that we are not responsible to p ovide the maintenance or service and you will make all claims related to Equipment lo returned or repessessed we will sell or rerenl the Equipment al terms we determine, al ono or maintenance and service to the third party. You agree that any dams related to manlananca or service will not Impact obligation to all Lease Payments when due. more pu car private sales, with or wsihout rrotce to you, and apoh the not proceeds {after deducting any llabla fora th being by your pay 4. Assignment: You agree mile transfer, sell, suUsaso, assign, p'edge or encumber either the Equipment related expanses) to your obligatons. Yalu remain nydai4lc''ancy w any excess retained us, or any ' nghis under this Lease without our prior written consent. You agree that wa may self), assn, or transfer the Lease the have the same rights and benefits we now have and will not have 9. Mlscellaneous: You agree the Lease is a Finance Lease as defined In ArUde 2A of the °UCC °. You the and new owner vrig acknowledge we have given you the name of the Equipment suppler and that you may have rights under to perform any of ow obligations and the rights of the new owner will not be subject to any Balms, defenses, contract with the supplier and may contact the supplier for a description of these rights. if requested, you viii or setoffs that you may have against us or any suppler, sign a separate Equipment acceptance certificate. This Lease was made In Pennsylvania (IPA'), is to be 5. Risk of Loss and insurance; You are rasponsibe for all risks of loss or damage to the Equipment and if performed in PA and shell be governed and construed In accordance with the laws of PA. You any loss occurs you are required to solely all of your Lease obligations. You will keep the Equipment Insured consent to jurisdiction, personal or otherwise, In any state or laderaf toad in PA and irrevocablyy against all risks of lessor damage for an amount equal to its replacement cost You coif list us as the sole waive a trial by fury. You agree to waria any and all rights and remedies granted to you under Sections 2A- Through 2A 22 the UCC. You agree that the Equipri>enk wg only be used for business purposes and foss payee for the Insurance and give us written proof of the insurance, if you do not provide such insurance, you agree that wa have the right, but not the obitgation, to obtain such Insurance, and add an Insurance lea to of not for personal, (amity or household use and w ll not be monad from the above locat'an without Our consent. You agree that i!e copy of the Lease vrith facsimiles natures map be treated as an original and vi €i the amount due from you, on which we may make a profit We are not responsible for any fosses or injuries Y a Po be admissible as evidence of the Lease, Re may Inspect the qulpment during the Lease farm. s evid caused by the Equipment and you will reimburse us and defend us against any such claims. This Indemnity y A y 02DOS All Rlghs Reserved. Printed In the U.S.A. @Once 060EDOCi69 08M You agree that this Is a norreancelable lease. he LquIpment is. W NEW LJ USED Uu Lessee (Full Legffl alma BALDWIN PARK, CITY OF a rgna ure U ommencemen a e ease um er PrintName to w In effect In the event of my death and may be enforced by or for the bereft of any assignee or co w successor of the Lessor, This guaranty is governed by and constituted In accordance with w _J the Laws of the Commonwealth of Pennsylvania and I consent to nonexclusive jurisdiction c9 1=0 Date 02DOS All Rlghs Reserved. Printed In the U.S.A. @Once 060EDOCi69 08M DE LAGE LANDEN FINANCIAL SERVICES, INC. Uu Lease Processing Center 1111 Old Eagle School Road, Wayne, PA 19087 -8608 fk� 0 PHONE: 800 735.3273 - FAX: 800 776.2329 a e ommencemen a e ease um er guarantors without releasing me from my oblgations. This Is a oontlnuing guaranty and will remain Accepted by 02DOS All Rlghs Reserved. Printed In the U.S.A. @Once 060EDOCi69 08M gations, The Lest unconditionally, guaranty prompt payment of all the Lessees sors no Uu required to proceed against the Lessee or the Equipment or enforce other remedies before proceeding against me. I waive notice of acceptance and all other notkes or demands of any kind a F to which I may be enlisted, I consent to any exlens!ons or modification granted to the Lessee and a e the lessee and the release andlor compromise of any obflgations of the Lessee or any other guarantors without releasing me from my oblgations. This Is a oontlnuing guaranty and will remain z In effect In the event of my death and may be enforced by or for the bereft of any assignee or �a successor of the Lessor, This guaranty is governed by and constituted In accordance with Print Name the Laws of the Commonwealth of Pennsylvania and I consent to nonexclusive jurisdiction c9 In any state orfederal court in Pennsylvania and waive trial by jury. Igna ure a e Pfint Name 02DOS All Rlghs Reserved. Printed In the U.S.A. @Once 060EDOCi69 08M The equipment as been received, put In use, Is in good WoNng order and is Uu sabsfactofy and acceptable, a F Signature a e CL w v c.� a Print Name I itle 02DOS All Rlghs Reserved. Printed In the U.S.A. @Once 060EDOCi69 08M A re ,rte a (on Solutions Through Service Solution Summary Page Ricoh Replacements Proposed Current Savings Cost Cost Police Denartment Ricoh MP C2800SPF 60 Month Lease $173 Copy, Print, Scan, Fax 4 Paper Drawers 1,000 Sheet Sorter 150 Sheet Stapler Data Overwrite Security System Administration Ricoh MP C4000SPF 60 Month Lease $195 Copy, Print, Scan, Fax 4 Paper Drawers 1,000 Sheet Sorter/ 50 Sheet Stapler Data Overwrite Security System Hard Drive Replacement for AF3245C in PD Included Total $368 $509.58 $141.50 Service and Supply Program Fleet Service and Supply Program covering both devices: $270 / Qtr $4201 Qtr $1501 Qtr Includes 30,000 BW pages (on either device). Overages: $0.009 $0.01 Color pages billed in arrears at: $0.08 $0.1 Current average color usage: 500 pages total $40 /mo $50 /mo $90 /mo Total Savings with new solution $209.581 ino Service And Supply Program Details: The AOS Service and Supply Program includes unlimited service calls, all parts, labor and all supplies including toner, developer and drum. (except staples and paper). The Service and Supply Program begins the day of delivery. Thank Youl Andrew Dixon Kaye Monachelli 714 -547 -9400 x 235, 211 1430- 1<Village Way Santa Ana, CA 92705 714 -547 -9500 Fax: 714- 543 -1479 v. Santa Ana a Ontario a San Diego 0 Los Angeles www.gaadvancecf. cam Proposal September 30, 2010 Proposed Equipment Key Features: Prepared for: City of Baldwin Park ➢ 25/40 Print /Copies Per Minute Color & BAV ➢ Scan 50 ppm (250cl) and 70 ppm (400ci) ➢ Network Printing and Scanning Included ➢ 100 - Street Automatic Document Feeder ➢ 4 Paper Drawers ➢ 80 GB HDD (250ci) or 160GB 2x HDD (4006) ➢ Scan to FTP, SMB, E -mail ➢ Secure Printing / User Authentication ➢ Full Color ➢ Staple Inner Finisher ➢ Fax Kits on both machines Proposed Situation Special Government Contract Pricing Ix New Ikyoeera TASKalfa 250ci /400ci 250ci 400ci 60 Month Lease Investment: $175.06 $208.67 per month -fof&G ;, e-,-, '73 BIW Impressions and Color Impressions are on a "per click" charge Contract includes unlimited service, toner, developer, drums, parts, and labor (Excludes paper and staples) This AEPA contract includes property tax and ship back of new machine at the end of the lease. Notes ➢ All figures are pre tax. ➢ Overages are billed at $.0094 for B/W and $.0645 for color. filled Annually) ➢ Delivery, set -up, network connection, and training on machine are included. Prepared by: Select Office Solutions Cesar Marquez, Account Executive 5- - ' O Guy Adams, Branch Manager OFR - rcFsOLUrIOrs Proposal Prepared for: City of Baldwin Park September 30, 2010 Proposed Equipment Key Features: ➢ 36128 Print /Copies Per Minute Color & B/W ➢ Scan 70 ppm ➢ Network Printing and Scanning Included ➢ 100 - Street Automatic Document Feeder ➢ 4 Paper Drawers ➢ 250 GB HDD ➢ Scan to FTP, SMB, E -mail ➢ Secure Printing / User Authentication ➢ Full Color ➢ Staple Inner Finisher ➢ Fax Kits on both machines Proposed Situation AEPA Contract 1 X New Bizhub C360/C280 (Equipment may show optional features) C360 C360 60 -Hontlr Lease In veshiteW. $185.48 $185.48 pei rnonili BIVV Impressions and Color Impressions are on a "per click" charge Contract includes unlimited service, toner, developer, drums, parts, and labor (Excludes paper and staples) This AEPA contract includes property tax and ship back of new machine at the end of the lease. Notes ➢ All figures are pre tax. ➢ Overages are billed at $.0094 for B/W and $.0645 for color. Billed Annuall ➢ Delivery, set -up, network connection, and training on machine are included. Prepared by: Select Office Solutions Cesar Marquez, Account Executive set EC Guy Adams, Branch Manager 0ii- -,C SW IfTMAIS" Ix a - B m MACHINESOMOmm- CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: John Yeung Subject: 2 -Canon ImageRunner Color C5045 Digital Copier, Printer, & Scanner Copier includes the followin : ♦ 45 Black &White digital copies /prints per minute ♦ 45 Color digital copies / prints per minute 2 -550 sheet paper capacity 1 Reduction & Enlargement 1 Auto Duplexing Scan Once l Print Many ♦ Delivery and Installation Included Options: Digital Document Feeder ♦ 2 -550 sheet paper capacity ♦ 1 -Super G3 Fax Board ♦ Color Universal Send (Scan to Email & Desktop) ♦ Stapler Finisher ♦ Network Print Board Lease FMV 0 down 60 months ................. .......................$550.00 + Tax Service and Supplies Contract: includes 2 IR -05045 system with all accessories listed above; it also includes service and supplies for 2,200 B/W copies, prints, or faxes per inonth. (ikcludes Paper & Staples) Monthly B/W base ...................... $132.00 B/W overage rate ......... @ $0.0069 per copy Color copies ................ @ $0.055 per copy Thank You Joseph Sheppard CITY OF BALDWIN PARK BALDWIN P - A - R - K CITY COUNCIL AGENDA NOV - 3 STAFF EP�� Consent Calendar TO: Honorable Mayor and Councilmembers FROM: Marc Castagnola, AICP, Community Development Manag r DATE: November 3, 2010 SUBJECT: Second reading of Ordinance 1336. Approval of an amendment to the City's Municipal Code adding Sections 153.565 through 153.575 to the Baldwin Park Municipal Code relating to tree preservation and protection (Location: Citywide; Applicant: City of Baldwin Park; Case No.: AZC -168). PURPOSE This report requests City Council approval of ordinance 1336 adding to the City's Municipal Code adding Sections 153.565 through 153.575 relating to tree preservation and protection. BACKGROUND/DISCUSSION This Ordinance was introduced at the City Council meeting on October 20, 2010 for first reading, and at that meeting Ordinance 9336 was approved by the City Council. The Ordinance adds Sections 153.565 through 153.575 to the Baldwin Park Municipal Code which sets forth standards relating to tree preservation and protection. RECOMMENDATION Staff recommends that the City Council adopt Ordinance 1336 on second reading, read by title only and waive any further reading thereof. ATTACHMENTS *Attachment #1, Ordinance 1336 REPORT PREPARED BY: Amy L. Harbin, AICP, City Piano. I C:1Amy\AMY\WOR©1RoportslCouncil Reports\AZC -168 2nd reading.doc ATTACHMENT #1 ORDINANCE 1336 ORDINANCE NO. 1336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTIONS 153.565 THROUGH 153.575 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TREE PRESERVATION AND PROTECTION (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -168) WHEREAS, the City currently lacks formally adopted procedures to protect and preserve trees on both public and private property; and WHEREAS, the City Council has determined that trees are a valuable resource and the City should have formally adopted procedures to protect and preserve trees on public and private property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Sections 153.565 through 153.575 relating to tree preservation and protection are hereby added to the Baldwin Park Municipal Code as a new subchapter to read as follows: TREE REGULATIONS Section Contents: §153.565 Purpose and Intent §153.566 Definitions §153.567 Applicability §153.568 Tree Advisory Board — Establishment and Responsibilities §153.569 Tree Department -- Establishment and Responsibilities §153.570 Responsibilities of Private Property Owners and City §153.571 Tree Master Plan §153.572 Public Tree Planting §153.573 Public Tree Removal, Trimming, Maintenance, and Protection §153.574 Private Property Tree Removal and Trimming §153.575 Exemptions from this Ordinance §153.565 — Purpose and Intent The purpose of this subchapter is to establish regulations and standards to promote the benefits of a healthy urban forest in the city. Trees are valuable long -term community assets by, among other things, providing increased shade which lowers energy needs for cooling, soil stabilization, absorption of stormwater, carbon sequestration, absorption AZC -168 Pam 2 of particulate matter, habitats for birds and other animals, and general aesthetic benefits. The intent of this subchapter is to: A. Establish standards and measures for preserving and protecting trees located on public and private property; B. Establish standards and measures for preserving and protecting Mature Trees on private property; C. Maintain, to the greatest extent possible, a maximum amount of tree canopy coverage in throughout the city; D. Maintain trees in a healthy condition through good arboricultural practices; and E. Prohibit indiscriminate damage and destruction of trees in the city. §153.566 - Definitions The following definitions shall apply to this Subchapter: A. MATURE TREE. Any tree located in the front yard, front yard setback area, rear yard, rear yard setback area, side yard or side yard setback area and (1) is greater than 18 inches in diameter when measured 54 inches from the ground or is greater than 40 feet in height, or (2) is a tree of historic value due to the tree's (or stand of trees') age or prominence as a local identifying feature. B. REQUIRED TREE. Every tree planted or preserved on private property which: 1. Was planted and is maintained pursuant to a city - imposed condition of approval for a particular land use entitlement; or 2. Was shown on a landscape drawing or plan for a project approved by the City. C. TREE ADVISORY BOARD. The Planning Commission of the City of Baldwin Park. D. TREE DEPARTMENT. The City's Community Development Department. E. TREE OF HISTORIC VALUE. A tree that has been related to an historical event or circumstance and has been found to be of significance to the community, as so designated by action of the Tree Advisory Board. AZC -168 Page 3 F. TREE OFFICER. That City staff person designated by the Chief Executive Officer as responsible for administration of this subchapter. G. PUBLIC TREE. Any tree located in a place or area under ownership or control of the city, including, but not limited to, any public street, parkway, open space or parkland or other city -owned property,, even if under the operational control of another entity by virtue of a lease, license, operating, or other agreement. §153.567 —Applicability Unless otherwise provided by another provision of this subchapter, the provisions of this subchapter shall apply to the following specific categories of trees: A. Every Public Tree, B. Every Required Tree and C. Every Mature Tree located on private property. §153.568 -- Tree Advisory Board - Establishment and Responsibilities A. The Planning Commission of the City of Baldwin Park is designated as the City's Tree Advisory Board. B. The Tree Advisory Board shall study the problems related to tree protection and preservation and determine the needs of the City related to tree planting and maintenance in public and private areas, establish and revise as needed the Tree Master Plan as provided in Section 153.571, and hold discussions of tree - related issues at public meetings. C. Any decisions made by the Tree Officer with regard to tree maintenance and preservation on private property may be appealed to the Tree Advisory Board. §953.569 — Tree Department — Establishment and Responsibilities A. The Community Development Department is designated as the City's Tree Department. The Tree Officer shall implement the functions of the Tree Department. B. The Tree Officer shall: 1. Make determinations on removing a tree from public or private property based upon a tree report prepared by a certified arborist, an analysis of the established tree removal criteria, and any other relevant facts. AZC -168 Pace 4 2. Issue permits and make any determinations specified under this subchapter. 3. Prepare the Tree Master Plan for consideration by the Tree Advisory Board and the City Council. C. All departments, agencies, and personnel of the city shall consult with the Tree Officer prior to engaging in any action which would require the removal of, or which would otherwise substantially affect or seriously jeopardize the health of, any Public Trees. §153.570 - Responsibilities of Private Property Owners and City A. It shall be the duty of the owner or person in possession of each lot in the city to: 1. Accept, protect, and provide adequate water to any Public Tree planted in parkways or other public right -of -way abutting such lots, and not to interfere with the city's maintenance and pruning of such trees. 2. Notify the Tree Officer of any suspected tree hazards or maintenance needs of any city tree on his or her property. An application for trimming or removal is not required for such notification. B. The City shall be responsible for planting, trimming, pruning, removing, and other forms of maintenance of Public Trees. §153.571 -Tree Master Plan A. The Tree Officer or other employee designated by the Chief Executive Officer, in consultation with the Public Works Director, shall authorize preparation of a Tree Master Plan. The Tree Master Plan shall apply to Public Trees and shall include, in general, maps of streets and public areas in the city upon which there shall be designated a general plan for the uniform planting of trees, and specifications for the size and type of such trees permissible within parkways and other public places within the city. No species of tree other than those included in that list may be planted in public areas without written permission of the Tree Officer. B. The Tree Department shall be responsible for administering and implementing the approved Tree Master Plan, and recommending to the Tree Advisory Board any changes or additions to the Tree Master Plan. §153.572 — Public Tree Planting A. Only city personnel or contractors to the city shall plant trees on public property, including parkways. AZC -168 Page 5 B. All Public Tree plantings must first be approved by the Tree Officer as to type of tree species, location of planting, and method of planting. §153.573 — Public Tree Removal, Trimming, Maintenance, and Protection A. All pruning and removal of trees on public property shall be undertaken only by employees or contractors of the City. B. Persons or firms engaged in the business of pruning, treating, or removing any public tree shall be recognized by the International Society of Arboriculture as a certified arborist. All such persons or firms shall carry evidence of liability insurance and workmen's compensation. No certification shall be required by any public employee doing such work in the pursuit of his/her public service endeavors. C. It shall be unlawful to injure or destroy any Public Tree by any means, including but not limited to the following: 1. Placement of fences, rocks, gravel, signs, stakes, or any other objects immediately adjacent to a tree, excepting for watering basins for young trees and objects for the temporary protection of new plantings of ground cover; or 2. Construction of a concrete, asphalt, brick, or gravel sidewalk or otherwise filling up the ground area around any such tree with a closing of less than 42 inches by 42 inches so as to shut off air, light, or water from its roots; or 3. The piling of building materials and equipment or other substance and materials around any such tree so as to cause injury thereto; or 4. Spraying or pouring any chemical or other deleterious matter on or around any such tree and the surrounding ground, lawn, or sidewalk; or 5. Posting any sign, poster or notice on any such tree, or by fastening guide wires, cables, ropes, nails, screws or other devices to any such tree; or 6. Causing or encouraging any fire near or around any such tree. D. During the construction, repair, alteration, structure, or any other type of construction such work shall leave any Public Tree in sufficient guards or protectors to prevent include, but not be limited to, chain -link determined by the Tree Officer. moving, or removal of any building, in the city, no person in control of the vicinity of such activity without injury to the tree. Protectors shall or wood fencing and staking, as E. A decision on an application for tree pruning or removal shall be made according to the standards of this subchapter and shall be subject to the procedures for AZC -168 Page 6 appeal and review set forth in Section 153.689. All applications shall be reviewed by a certified arborist at the expense of the applicant. F. No noticed public hearing shall be required for an application under this Section unless otherwise required by another section of this code or State or Federal law. The Tree Officer shall give at least ten -day's (10- days') written notice to abutting property owners prior to removal of any Public Tree. No notice shall be required if the Public Tree has been determined to be exempted from this Section pursuant to Section 153.575. In the event of a decision under this Section for the removal of five or more public trees in a given area, the Tree Officer shall also notify the Tree Advisory Board. G. The city may replace at no cost to the abutting property owner those Public Trees which necessitate removal and replacement, as determined by the Tree Officer. This may occur only in cases where the property owner was not responsible for the conditions and events necessitating replacement. §153.574 — Private Property Tree Removal and Trimming A. No person shall remove a Mature or Required Tree on private property without first obtaining a permit from the Tree Officer. The Tree Officer shall grant a permit to remove a Mature or Required Tree only if one of the following findings can be made: 1. The Mature or Required Tree constitutes a nuisance or hazard by virtue of its condition, location, species, proximity to existing structures, walkways, or utilities; or 2. The removal of the Mature or Required Tree is deemed necessary by a certified arborist to protect the health of other trees in the vicinity due to disease or infestation affecting the subject tree; or 3. The substantial trimming or removal of the Mature or Required Tree is deemed necessary to accommodate solar access pursuant to the California Solar Shade Control Act of 1979; or 4. The substantial trimming or removal of the Mature or Required Tree is necessary to prevent a substantial inconvenience or financial hardship to the property owner; or 5. A suitable replacement tree in terms of species and ultimate size will be planted within six months after the permitted removal of the subject tree. The size, location, and species of the replacement tree(s) shall be determined by the Tree Officer with consultation of the applicant and taking into consideration AZC -168 Page 7 such factors as the size, location, type of tree, and number of trees on the property, and number of trees in the surrounding neighborhood. The Tree Officer may consider the option of relocating the subject tree in another location on the subject property. B. A decision on an application for removal of a private tree shall be made according to the standards of this Section and shall be subject to the procedures for appeal and review set forth in Section 153.689. No noticed public hearing shall be required for an application under this Section unless otherwise required by another Section of this Chapter 153 or state or federal law. §153.575 - Exemptions from this Ordinance The provisions of this subchapter do not apply to the following: A. The removal or pruning of any tree which poses an imminent threat to public property or welfare, as determined by a member of a responding law enforcement agency, the Los Angeles County Fire Department, or the Public Works Director, B. Normal and routine trimming or pruning of trees on private property that does not result in damage or death to a tree and/or does not result in loss of more fifty (50) percent of the live foliage and limbs or root base, and removal of deadwood. C. The removal of any tree on public property as directed by any County, State, or Federal agency or insurance provider. D. The removal of a diseased or dead tree on public property as determined by the Tree Officer. E. Utility tree pruning necessary to provide clearance from existing overhead electric lines as mandated by the California Public Utilities Commission. Section 2. The Secretary of the Planning Commission shall file the Notice of Determination and Negative Declaration of Environmental Impact with the Los Angeles County Clerk. Section 3. 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, and shall forward a copy of the same to the Secretary of the Planning Commission. APPROVED, and ADOPTED this 20th day of October, 2010. AZC -168 Page 8 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 1336 was introduced at a regular meeting of the City Council held on October 20, 2010, and was adopted by the City Council at its regular meeting held on , by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura M. Nieto, CIVIC Deputy City Clerk rolu B_A_LDWIN P A - R, K TO: FROM: DATE: CITY OF BALDWIN PARK Honorable Mayor and Members of the City Council Edwin "William" Galvez, Director of Public Works November 3, 2010 SUBJECT: AUTHORIZATION TO PROCEED WITH RFP F( SERVICES FOR SOLAR INSTALLATION AT MORGAN PARK CITY COUNCIL AGENDA NOV ° 3b ITEM N0. STAFF REPORT PURPOSE The purpose of this report is to request that the City Council consider authorizing staff to advertise a Request for Proposals (RFP) for Design /Build Services for the proposed solar power installation at Morgan Park, using Energy Efficiency and Conservation Block Grants ( EECBG). BACKGROUND On April 13, 2010, the City of Baldwin Park received notification of the Department of Energy's (DOE) approval of Baldwin Park's Energy Efficiency Conservation Strategy (SECS) and total funding obligation for Energy Efficiency and Conservation Block Grants ( EECBG) in the amount of $705,500. On April 21, 2010, the City Council approved the Energy Efficiency Conservation Strategy (SECS), under the EECBG guidelines. DISCUSSION EECBG funds have been obligated to the City by formula under the American Recovery and Reinvestment Act (ARRA) in the total amount of $705,500. The table below lists the activities funded and the Individual amounts allocated. Energy Efficiency Conservation Strategy (EECS) Activities and Funding City Hall HVAC Upgrade $406,000 Morgan Park Solar Panels $145,000 Community Outreach /Education $90,000 Outdoor Lighting Retrofit $40,000 Preparation of GHG Inventory $24,500 Total $705,500 RFP for Design 1 Installation of Photovoltaic Solar Power System Page 2 of 3 November 3, 2010 One of the activities proposed in the EECS Strategy is a solar photovoltaic power system for installation on Morgan Park's Community Center's roof. The objective of this project is to provide an example of solar installation and an educational tool for teaching the community about renewable energy. The project will be installed as part of the City of Baldwin Park's Think Green Program, which is the City's commitment to sustainability leadership and education. The solar system installation will be part of Baldwin Park's overall plan to lead the community by example and provide educational opportunities. The City of Baldwin Park wants to reduce its overall carbon footprint and reduce Greenhouse Gas (GHG) Emissions. The proposed solar project is estimated at 30kW in size and will generate approximately 37,800 kWh per year, on the rooftop of the Esther Snyder Community Center. It is estimated that the solar power system will provide 6% of the building's annual electricity consumption. This proposed solar system at Morgan Park's Community Center's rooftop will provide the City an estimated savings of $4,200 per year. The intent of this RFP is to solicit proposals from qualified firms to design and build a photovoltaic solar power system on the roof of the Esther Snyder Community Center, resulting in a cost effective and energy efficient photovoltaic solar system installation. The following is the project timeline: Proiect Timeline Approve RFP & Authorize Advertising ...................... November 3, 2010 Advertise for RFP ....................... ............................... November 4, 2010 Receive RFPs .......................... ............................... November 30, 2010 Award Contract ........................ ............................... December 15, 2010 Begin Design and Installation .................... ........................January 2011 Complete Installation ............................... ............................... May 2011 FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. Project activities will be paid directly from the EECBG funds. EECBG funds totaling $145,000 have been allocated to deliver the project, including design, installation, administrative staff time and contingencies. The following table summarizes the estimated expenditures for the project: Estimated Expenditures Design/Build Services 1 $141,220 Program Management and Administration $3,780 Total Estimated Expenditures 1 $145,000 RFP for Design 1 Installation of Photovoltaic Solar Power System Page 3 of 3 November 3, 2010 RECOMMENDATION It is recommended that the City Council authorize staff to advertise the Request for Proposals for Design /Build Services for the proposed solar photovoltaic system installation project at the Morgan Park Community Center funded using Energy Efficiency and Conservation Block Grants (EECBG). ATTACHMENT Draft RFP (Summary Version) RFP is 59 pages - for brevity, the General 1 Technical Provisions have been omitted (pages 20 through 59) CITY OF BALDWIN PARK BALDW I N P >A-, R,K DRAFT REQUEST FOR PROPOSALS (RFP) for DESIGN AND INSTALLATION OF PHOTOVOLTAIC SOLAR POWER SYSTEM PROPOSALS DUE: November 30, 2010 at 5:00 P.M. Prepared By: Public Works Department CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 813 -5255 Request for Proposals Page 2 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM TABLE OF CONTENTS INVITATION TO SUBMIT PROPOSALS .......................................... ..............................3 11. SCOPE OF WORK ........................................................................... ..............................5 III. PROPOSAL SUBMISSION INSTRUCTIONS .................................. .............................18 IV. GENERAL CONDITIONS.... — . ....... ...... .... - ........ ........................................... 20 V. CITY STANDARD CONTRACT ....................................................... .............................21 Request for Proposals Page 3 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM 1. INVITATION TO SUBMIT PROPOSALS The City of Baldwin Park herein also referred to as the Owner, is requesting proposals (RFP) from qualified and experienced firms interested to design and build a photovoltaic solar power system on the rooftop of the Esther Snyder Community Center building located within Morgan Park. The objective of this project is to provide an example of solar installation and an educational tool for teaching the community about renewable energy. The project will be installed as part of the City of Baldwin Park's Think Green Program, which is the City's commitment to sustainability leadership and education. The solar system installation will be part of Baldwin Park's overall plan to lead the community by example and provide educational opportunities. The City of Baldwin Park wants to reduce its overall carbon footprint and reduce Greenhouse Gas (GHG) Emissions. The proposed solar project is estimated at 30kW in size and will generate approximately 37,800 kWh per year, on the rooftop of the Esther Snyder Community Center. It is estimated that 6% of the building's annual electrical requirements will be provided by the proposed solar project. The intent of this RFP is to solicit proposals from qualified and experienced firms to design and build a photovoltaic solar power system on the roof of the Esther Snyder Community Center, resulting in a cost effective and energy efficient photovoltaic solar system installation. The purpose is to make an award for a design build solar project, designed and successfully installed at the following location: Esther Snyder Community Center, Morgan Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Funding for this project will be appropriated through the American Recovery and Reinvestment Act of 2009 (ARRA), Energy Efficiency and Conservation Block Grant (EECBG). The contractor selected is responsible for researching ARRA EECBG grants to assure familiarity with this Federal Program. The purposes of the ARRA are to stimulate the economy and create and retain jobs while maintaining accountability and fiscal transparency. The awarded contractor must comply with all requirements of the Act. Therefore, activities should be well documented and deadlines met. Any documentation may become public record. The awarded contractor shall comply with requirements of applicable Federal, State, and local laws, regulations, Department of Energy policy and guidance, reporting requirements, and instructions in this RFP. Reporting requirements will include, but not be limited to, providing information pertaining to the number and description of jobs created /retained, renewable energy generated, greenhouse has emissions reduced, and energy saved. The services and performance standards are presented and described in the Scope of Work. The proposer shall follow the submission instructions contained herein. A complete Proposal package shall be submitted no later than 5:00 p.m. on November 30, 2010. Three (3) copies of the proposal plus one (1) original marked as such must be submitted to the following address: Request for Proposals Page 4 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM Edwin "William" Galvez, P.E. Public Works Director 1 City Engineer City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Proposal packages received after the due date will not be considered and will not be returned. Do not email or fax your submittal. A pre - proposal conference will be held at Baldwin Park City Hall on Thursday, November 18, 2010 at 10 a.m. Attendance is mandatory. Questions submitted at least one day in advance to the City will be answered at the pre - proposal conference. Specific questions shall be requested in writing and a response will be formulated and forwarded to all prospective Proposers. All written questions regarding this RI=P should be directed to: Edward Torres Engineering Assistant City of Baldwin Park ETorres @BaidwinPark.com The City reserves the right to reject any and all proposals, or to solicit additional proposals should proposals be considered by the City to be inadequate or not cost - effective relative to the services that are sought. In addition, the City reserves the right to withdraw this RFP at any time without prior written notice, or to extend its due date. The City of Baldwin Park shall not be held liable for any expenses that a company incurs in the preparation of their proposals, nor should such expenses be included in or incorporated into the cost schedule proposed. The City reserves the right to interview any and all Proposers to verify their knowledge and understanding of the effort proposed, and their technical capabilities for performing such an effort. Request for Proposals Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM H. SCOPE OF WORK Page 5 of 59 General Description a. The City of Baldwin Park herein also referred to as the Owner, is requesting proposals from qualified and experienced firms interested to design and build a photovoltaic solar power system on the roof of the Esther Snyder Community Center building within Morgan Park located at 4100 Baldwin Park Boulevard, Baldwin Park, CA 91706. b. The proposed solar project is estimated at 30kW in size and will generate approximately 37,800 kWh per year, on the rooftop of the Esther Snyder Community Center. c. The purpose of this RFP is to select a Contractor who will provide photovoltaic system design, final engineering, preparation and submittal of necessary permits, and construction of the proposed system onto the Esther Snyder Community Center building. d. The objective of this project is to provide an example of solar installation and an educational tool for teaching the community about renewable energy. e. The City of Baldwin Park plans to award the contract after careful review and consideration based upon such factors as: organizational background and overview, availability of staff and resources (schedule), project approach, cost structure, personnel, and references. f. Competitive negotiation as described further in this document is a part of the process used in this Request for Proposal. This process allows the City the flexibility it needs to arrive at a mutually agreeable final contractual agreement. g. Through this Request for Proposal, the City seeks to: (1) Determine final pricing; (2) Specify the terms and conditions that would govern any resulting contract; and (3) Select the successful proponent. h. This Request for Proposal states the instructions for submitting proposals, and the procedure and criteria by which a successful proponent will be selected. i. All cost information must be contained only within the pricing section and nowhere else in the Proposal. The Bidder must submit pricing as requested in the RFP. j. The cost structure, if applicable, for value -added services must be detailed. k. The order in which firms are ranked at selection is based on general and non - project specific requirements. The City may request project specific proposals from more than one of the selected firm. The submitted proposals will be evaluated by the City of Baldwin Park designated staff. This request for proposal allows for your creativity in structuring a proposal that is consistent with your potential for profit and the City's needs. General Requirements a. Solar panels are to be located on the roof of the Esther Snyder Community Center building within Morgan Park. b. Photovoltaic electricity generated shall be for use by the Community Center. Request for Proposals Design and Installation of Photovoltaic Solar Power System Due: November 30, 2030, 5:00 PM Page 6 of 59 c. All solar panels, tracks and anchoring equipment shall not exceed 5 pounds per square foot. d. All equipment shall be UL listed. e. All installations shall comply with the latest adoptions of the International Building Code and the National Electrical Code. f. Guaranteed minimum output from the system shall be 85% of the expected performance output. g. Photovoltaic system shall be high quality American made products. This specification calls for the provision of all equipment, materials, labor supervision, and services necessary for or incidental to the installation of a complete and operational engineered grid - connected solar photovoltaic system of prefabricated components utilizing solar energy for conversion to electrical power as specified. The purpose of this system is to reduce the power demanded from the electric utility. Equipment specified herein is intended to provide specific functional and operational characteristics. It is the responsibility of the PV Contractor to provide all features and functions as outlined in these specifications. It shall be the responsibility of the PV Contractor to obtain all required approvals and certifications from authorities having jurisdiction. The Scope of Services to be provided shall include, but not be limited to: photovoltaic system design, final engineering, labor, furnishing materials and equipment, delivery, warranties, preparation and submittal of rebate applications, construction, and installation of the proposed photovoltaic systems for the Esther Snyder Community Center building. The PV Contractor will serve as liaison between the Owner, and local utility for the purposes of interconnection and shall make final connections to the facility wiring system. The scope also includes all services necessary to obtain all necessary permits required by the City and all regulatory agencies including Federal, State, and Local jurisdictions. All fees required for permits and approvals shall be the responsibility of the applicant. Provider shall obtain a City business license. All work carried out in this project must be designed and built to the regulations of ASTM, AASHTO, IEEE, IEC, ISO, UL, the City of Baldwin Park's standards and specifications, and any other applicable codes. The Contractor shall be required to perform the full scope of the contract and provide construction drawings and specifications for review by the City at the 30% and 75% stage and shall allow 5 working days in the schedule for each review. The Contractor must have the capability of stamping all drawings and calculations with the appropriate Profession Engineer license, registered in the State of California. Description of Work The services called for herein primarily include solar power system components and system integration design services. They also include professional engineering services, as necessary, to obtain appropriate permits and approvals for the system design and installation at the Request for Proposals Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM Page 7 of 59 selected site. The Contractor shall furnish all necessary resources to perform any activities required for those services. The City of Baldwin Park is seeking qualified and experienced Contractors to provide services as set forth herein including, but not limited to: a. Furnish and deliver solar photovoltaic modules. b. Furnish and deliver electrical DC -AC inverters. c. Furnish and deliver electrical transformers as necessary to interconnect to the City of Baldwin Park's electrical distribution system at distribution circuit level. d. Furnish and deliver all electrical connectors, wiring, boxes, conduit, switches, and other accessories as necessary to complete the DC portion of the system. e. Furnish and deliver system monitoring and any other communication or networking equipment as necessary to interface with the City of Baldwin Park. f. Furnish and deliver supporting frames, mountings, pedestals, beams, columns, piers, footings, and any other structural components as necessary to install the proposed solar power system. g. Provide system design services necessary to conceptualize and engineer a complete and functioning solar power system, meeting all applicable codes and safety requirements, up to the electrical distribution service connection. h. Provide professional services to obtain necessary building and electrical permits. Certification by Underwriters Laboratories (UL) or other approved testing laboratory, and City of Baldwin Park Building & Safety Division testing and approval of electrical equipment delivered to the City of Baldwin Park under the resulting agreement as necessary. Complete system documentation in AutoCAD 2009. k. Train City of Baldwin Park personnel in operation and maintenance of the solar power system. Training furnished by Contractor. I. Warranty on all components, a minimum of 25 years on solar photovoltaic collectors, a minimum of 10 years on electrical inverters, and a 1 year minimum on all other parts and components. m. Two year performance warranty on the complete system. n. Perform all work/construction to assure that the completed system qualifies for Southern California Edison (SCE) incentives /rebates, if applicable. Deliverables The following is a sample of deliverables which may be requested of the selected contractor. Solar Power System Electrical Components The Contractor shall furnish and deliver to the selected project site all electrical components necessary to assemble a complete working solar photovoltaic power system. The complete Request for Proposals Page 8 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM system shall be as approved by the City of Baldwin Park for the selected project site, and may include, but not be limited to: solar photovoltaic modules, electrical connectors, wiring, boxing, conduit, switches, and other accessories necessary to complete the DC portion of the system. Solar Power System Support Components The Contractor shall furnish and deliver to the selected project site all structural components necessary to support a complete working solar photovoltaic power system. Support components shall be as approved by the City of Baldwin Park for the selected project site, and may include: supporting frames, mountings, pedestals, beams, column, piers, footings, and any other structural components necessary for the installation of the proposed solar power system. Solar Power System Control Components The Contractor shall furnish and deliver to the selected project site all system control components necessary to collect system performance data and to control solar power system operation as approved by the City of Baldwin Park for the selected project site, and may include: system monitoring, system metering, Ethernet networking capability, and any other communication or networking equipment necessary to interface with the City of Baldwin Park. Solar Power System Integration The Contractor shall furnish design services as necessary to design and engineer a complete and functioning solar power system, meeting all applicable codes and safety requirements, up to the electrical distribution service connection. The Contractor is required to perform field engineering during the installation of the system and to provide technical assistance to the City of Baldwin Park personnel during system test and startup. Certifications, Permits, and Approvals The Contractor shall obtain all necessary certifications, permits, and approvals for the solar power system. Permits may include City of Baldwin Park building and electrical permits. Certification and approvals may include certificates signed by manufacturers and organizations certifying that installation complies with requirements and certification of all electrical equipment by UL or other approved testing laboratory as acceptable to the City of Baldwin Park. All drawings and calculations shall be stamped and signed by an appropriate Professional Engineer, registered in the State of California. Preliminary Design Package The Preliminary Design Package shall include, but not be limited to: a. Site Plan indicating solar power system physical layout b. Electrical schematics and one -line diagrams c. Master Project Schedule d. Material and Equipment Specifications Construction Work Package The Construction Work Package shall include, but not be limited to: a. Site Plan with overall solar power system physical layout. b. Grading and Site Work Plan(s) as necessary. c. Foundation Plan as necessary. Request for Proposals Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM d. Structural Plan(s) as necessary. e. Floor Plan(s) with conduit locations. f. Electrical Room Plan(s) with equipment installation elevation(s). g. Detailed Electrical schematic One -Line Diagram(s). h. Details Cross- Referenced to Plans. Master Project Schedule with Detailed Installation Activities. j. Material and Equipment Final Specifications. k. Cost Estimate with Material Takeoffs and Cost Breakout. Electrical Permit, Building Permit. System In- Service Package The System In- Service Package shall include, but not be limited to: a. All updated Construction Work Package documents b. Any Field Changes, Field Engineering Notes c. System Test and Startup Notes Post Installation Documentation The Post Installation Documentation shall include, but not be limited to. a. Construction Work Package documents Page 9 of 59 b. Drawings prepared on Mylar and in AutoCad 2009 with "As Built" information accurately displayed and certified correct by the Contractor's Site Superintendent, finalized updates, any Field Changes and Field Engineering Notes resulting from installation or from warranty service during one year of operation c. All System Test and Startup Notes d. All Equipment Service Manuals and System Service Documentation e. Complete system documentation in AutoCAD 2009 and on Mylar f. Product data, material and finishes, and related information g. Operations and maintenance data h. Warranties and bonds Inspection and Manufacturer's certificates j. Inspection certificates Upon completion of the installation, and prior to final inspection, the Contractor shall furnish six (6) copies of as -built drawings. In addition to this, the Contractor shall furnish six (6) copies of a Request for Proposals Page 10 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM complete operating and maintenance manual listing the manufacturer's name(s), including technical data sheets. Manuals shall include wiring diagrams to indicate internal wiring for each device and the interconnections between the items of equipment. Provide a clear and concise description of operation that gives, in detail, the information required to properly operate the equipment and system, Provide a parts list with manufacturer and model number for commonly replaced parts. Include complete instructions for the inspection, testing and maintenance of the system. Training The Contractor shall conduct formal on -site training sessions. It shall be the responsibility of the Contractor to coordinate time and location of training sessions with the Owner. The Contractor shall provide documented general instruction as follows: a. Provide instruction to the maintenance personnel to include the location, inspection, maintenance, testing, and operation of all system components. b. Provide instruction to designated personnel on the functions and operation of the system including capabilities, limitations, monitoring, and the meaning of status messages. State the proper procedure for routine maintenance, and request for service. Materials Warranty Each Contractor shall furnish a warranty on the solar power system components; a minimum of 25 years manufacturer's warranty on solar photovoltaic collectors, a minimum of 10 years manufacturer's warranty on electrical inverters, and 5 year minimum warranty on all other operable electrical components. The Contractor may meet the warranty requirements by including in the contract price a combination of standard manufacturer's warranty and supplemental extended warranty. Extended Warranty Each Contractor shall furnish an extended warranty on the solar power system components where the manufacturer's standard warranty does not meet the warranty requirements in this Specification. A total minimum warranted life of 25 years on solar photovoltaic collectors, a minimum of 10 years on electrical inverters. Performance Warranty Each Contractor shall furnish a performance warranty for a period of two (2) years on the completed solar power system. The performance warranty shall guarantee a minimum annual energy delivery from the solar power system to the City of Baldwin Park. System Description Design Requirements: a. The system shall be a grid- connected interactive system. b. Multiple inverters will be allowed. c. The system shall be a flat -plate system. d. The system shall be a fixed -tilt system. e. The system shall use crystalline silicon material. Amorphous silicon is not acceptable. Request for Proposals Page 11 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM f. The output of the solar photovoltaic system shall be connected to the building premises wiring system in accordance with NEC Section 690 -64 and as permitted in NEC Section 230 -82, Exception No. 6. g. The power output of the solar photovoltaic system shall connect to existing electrical panel that is a part of the facility premises wiring system. h. The rated open circuit voltage of the photovoltaic power source shall be at least 260 volts do and shall not exceed 600 volts dc. i. Storage batteries will not be used. j. The system shall have a Data Acquisition System, per coordination with the Owner. k. The system shall meet the requirements of IEEE 928, IEEE 929 and IEEE 1374. Performance Requirements; a. The nominal power rating of the solar photovoltaic system shall be at least 30kW, Standard Test Conditions (STC) for the Esther Snyder Community Center Building. b. The full power output of the solar photovoltaic system, taking system losses into account, shall be continuously delivered to the premise's wiring system to reduce the power demand on the utility system. c. Emergency back -up of the utility system is not required. d. In accordance with NEC Section 690 -61, the power output from the solar photovoltaic system shall be automatically disconnected from all ungrounded conductors of the building premises wiring system upon loss of utility system voltage at the point of connection, and shall not reconnect to the premises wiring system until such voltage is restored. Upon restoration of the utility system voltage, the reconnection of the photovoltaic system shall be automatic. Transmittal and Delivery The Contractor shall deliver all system components in accordance with manufacturer's instructions and recommendations to the specified project and shall coordinate deliveries with the Contract Administrator or designated project site contact. All system components and materials shall be protected from physical damage and from the elements in accordance with manufacturer's recommendations until installed. Failure to properly protect the equipment shall serve as reason to reject the equipment. Maintenance The Contractor shall provide regular scheduled maintenance, as recommended by the manufacturer of each major component, for a period of at least one year starting at system start- up. Materials All equipment and products purchased under this Contract shall be American -made as required by the Buy American Act, new, free from defects of any kind, of the quality and design hereinafter specified, and shall conform to the standards of Underwriters Laboratories Inc., except for equipment which U.L. does not list or provide label service. Request for Proposals Page 12 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM Quality Assurance and Reference Standards The proposed solar power system design and installation must comply with the latest edition of all applicable State and local codes, rules and regulations: a. California Electrical Code, National Electrical Code b. California Administrative Code Title 24, Building Standards c. National Fire Protection Association, National Fire Codes d. California Building Code e. California Mechanical Code f. California Plumbing Code g. City of Baldwin Park Building & Safety Division All materials and equipment must comply with applicable standards: a. American National Standards Institute — ANSI b. Federal Specifications — FS c. Institute of Electrical & Electronic Engineers --- IEEE d. Institute of Power Cable Engineers Association — IPCEA e. National Bureau of Standards — NBS f. National Electric Manufacturers Association, NEMA g. National Fire Protection Association — NFPA h. Underwriters Laboratories — UL Array Mounting Hardware The mounting structure shall be made of anodized aluminum, to which modules will be attached using stainless steel fasteners. The mounting structure shall be specifically engineered and fabricated for photovoltaic systems. No part of the photovoltaic system shall penetrate or puncture the roof. Balance of System Components a. Module interconnects wires and output cables will be sunlight resistant and outdoor rated. Wiring from the array to the inverters will be in PVC where below grade; and, RMC, PVC, or EMT where above grade. All DC wiring will use copper conductors sized to minimize IR (voltage) losses to 3% or less of the nominal system voltage. A DC disconnect switch rated for 600V will be provided for the inverters. b. UL listed PV array combiner boxes shall be included in the array configuration. c. Installer shall provide all module interconnect wiring and panel output cables to the combiner boxes, wire and conduit from the combiner boxes to the disconnect switches and wiring from the inverter to the point of interconnection at the main switchboard. Request for Proposals Page 13 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM d. The electrical installation will conform to the applicable portions of the 2008 National Electrical Code. UL listed components will be DC applications. Data Acquisition System A web - enabled system will be incorporated to gather the following data for the system: a. Real Time Instantaneous Power b. Energy over Daily, Monthly, and Yearly Time Intervals Schedules The Contractor shall provide an overall master project schedule with activity durations and schedule constraints; include a preliminary design phase, a detailed design phase, permits and approvals, and construction and installation of the designed system. Provide milestones, deadlines, subprojects, and any other elements in the schedule as applicable. The contractor shall submit with his proposal a detailed construction schedule that will clearly identify all major activities together with milestone events that will enable existing operations to continue to function normally. The selected Contractor shall submit approved project design and construction schedules prior to Pre - Construction meeting. Project Costs The bidders are expected to identify all cost to provide photovoltaic system design, final engineering, preparation and submittal of necessary permits, and construction of the proposed system onto the Esther Snyder Community Center Building as an all inclusive lump sum amount that covers every aspect of the project as identified by this statement of requirements and contained within the contractor's submission. Contractors must prepare one cost proposal that includes the maximum design amount and the maximum construction amounts for the project. A cost breakdown shall be included in the proposal to show the maximum design amount and the maximum construction amount for the following. Pricing shall be guaranteed for 90 days. Base Bid The base bid shall be an all- inclusive lump sum. The bid shall meet all of the criteria set forth above. Although the bid is lump sum, a list of all items and quantities shall also be included in the proposal. Calendar Days Bid Bidders should include the total calendar days needed for successful completion of the project, calendar days being any and all days of the week with no exceptions for holidays or weekends. Contractor Roles and Responsibilities The Contractor shall furnish the materials, equipment, and services described in the Scope of Work. Upon written request from the Contract Administrator, the Contractor shall supply the City of Baldwin Park with all subcontractor Agreements. Request for Proposals Page 14 of 59 Design and installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM Field Engineering The work of the Contractor shall be subject to the observation of the City at any time. The City may document observations made on the job site. Any specification violations or problems shall be addressed and corrected in accordance with the contract documents. The selected Contractor shall: a. Inspect and verify that units and controls are properly installed, connected, and labeled and that interconnecting wires and terminals are identified. b. Pretest, align and adjust system and components, wiring, and functions to verify that they comply with specified requirements. Replace malfunctioning or damaged items. Retest until satisfactory performance and conditions are achieved. Prepare equipment for acceptance and operational testing. c. Schedule tests after pretesting has successfully been completed and system has been in normal functional operation for at least 14 days. Provide a minimum of 10 days' notice of test schedule. d. Perform operational system tests to verify that system complies with Specifications. Include all modes of system operation. Test equipment for proper operation in all functional modes. e. Record test results. f. Retest and correct deficiencies identified by tests and observations and pretest until specified requirements are met. Quality Assurance The Contractor shall provide quality assurance services as necessary during the installation of the solar power system and to ensure that the final and completed system will perform in accordance with the Specifications. The City of Baldwin Park will have final acceptance of the completed system. Job Safety The Contractor shall respect all City of Baldwin Park safety rules while conducting business on behalf of the City of Baldwin Park, or while on City property. The Contractor is solely responsible for safety awareness, training, and safe conduct of its own personnel. Progress Reporting The Contractor shall submit progress reports during the course of the work. Monthly reports indicating the progress of the assigned Scope of Work and Deliverables shall be furnished to the City of Baldwin Park in writing on or before the twenty -fifth day of the month. In months in which no reportable activities occur, the Contractor shall state so in the monthly report. These reports must comply with the reporting policies of the EECBG grant. Examination Site Verification of Conditions: a. Before submitting a proposal, each bidder shall examine all plans and specifications relating to the work and become fully informed of the extent and character of the work required, including all required utilities. No consideration will be granted for any alleged misunderstanding of the materials to be furnished or the amount of work -to be done, it being fully understood that the tender of a proposal carries with it the agreement to all items and conditions referred to herein, or indicated on the accompanying plans or required by nature of the site of which may be fairly implied as essential to the execution and completion of any and all parts of the work. Request for Proposals Page 15 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM b. All components and conditions shall be examined for compliance with space allocations, installation tolerances, hazards to cable installation, and other conditions affecting installation. c. Contractor shall examine walls, roof, and raceways for suitable conditions where equipment is to be installed. d. Contractor shall proceed with installation only after unsatisfactory conditions have been corrected. Demonstration a. Train Owner's maintenance personnel on procedures and schedules for troubleshooting, servicing, and maintaining equipment. b. Demonstrate methods of determining optimum adjustment of components and settings of system controls. c. Review data maintenance manual. d. Upon completion of the installation, the Contractor shall perform startup by an authorized dealer service representative. Contractor shall supply maintenance and instruction books to the Owner during startup and demonstration. In addition, the Contractor shall furnish training in the amount of 4 hours to the Owner on startup, operation, maintenance and troubleshooting of the complete system. On -Site Assistance a. Adjustments: When requested by Owner within one year of date of Substantial Completion, provide on -site assistance. Provide up to 2 visits at Project site for this purpose, without additional cost. b. Contractor will conduct onsite inspections and maintenance semi - annually during the first year after installation. The inspection and maintenance will include examination of the instantaneous output of the system, review of system performance fogs, examination of electrical connections, testing to verify module performance, cleaning of the module surfaces if need be, and examination of structural components of the photovoltaic system. This work will be coordinated with facility maintenance personnel to refresh their working knowledge of the system. Contractor shall provide written reports of these inspections. Bond Requirements The Contractor shall furnish to the City of Baldwin Park one copy of each; Performance Bond, Labor and Materials Payment Bond, and a Maintenance Bond in the amount of 100% of the total contract within ten (10) calendar days after notification of award of a contract. The cost of all bonds shall be included in Contractor's bid offer. Bonds shall: a. Be for the full amount of the contract price. b. Guarantee the Contractor's faithful performance of the work under this contract, and the prompt and full payment for all labor and materials involved therein. c. Guarantee protection to the City of Baldwin Park against liens of any kind. Request for Proposals Page 16 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM d. Be, when a surety bond is furnished, from a surety company operating lawfully in the state of California and shall be accompanied with an acceptable "Power -of- Attorney" form attached to each bond copy. e. Be issued from a surety company that is acceptable to the City of Baldwin Park. f. Be submitted using the forms as shown in section V of this document. Insurance Requirements Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000, (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) the City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) the coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self - insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) the insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. Request for Proposals Page 17 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM Service and Support Staff The Proposer shall maintain an office within 100 miles of the City of Baldwin Park facility. The Proposer shall have the capability to support City of Baldwin Park on a 24 hour a day, 7, days a week, 365 days a year basis including all holidays with skilled technicians familiar with the City of Baldwin Park installations during the warranty period. Request for Proposals Page 18 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5:00 PM III. PROPOSAL SUBMISSION INSTRUCTIONS Proposal Content and Format Proposals shall be limited to 20 pages, excluding proposal cover, cover letter, table of contents and dividers. The following information shall be provided in the format specified below. © Cover Letter ❑ Work Plan ❑ Work Schedule • Staffing Plan • Company Qualification © References ❑ Copy of the firm's Liability Insurance and Ownership extract Cover Letter Cover Letter shall not to exceed 2 pages. It shall provide an executive summary of the proposal. Table of Contents The table of contents shall list the following sections with page numbers, and information in each section shall be provided as indicated below: Work Plan Provide a description of your firm's understanding of the project and a detailed scope of services. Indicate your firms approach to the project for ensuring quality and fiscal responsibility, and to complete the work in compliance with all applicable rules, regulations, standards and requirements. The proposer's response should present, in sufficient detail, the proposer's approach to the performance of service as outlined in the Scope of Work section, of this RI=P. The proposer's response should clearly indicate his or her understanding of the City's standards for service quality and safety as reflected in the Scope of Work or in oral statements made at the Pre -Bid Conference, with some description of proposer policies and procedures as they relate to the Scope of Work requirements. Any critical forms or specific procedures may be attached to the proposal to further illustrate the proposer's approach. Policies and procedures described should address how the City of Baldwin Park standards will be maintained or exceeded. Key among the standards is the requirement of integration with the existing control hardware and software systems Proposers must also present a clear sequence of tasks for their implementation { start -up activities including all preparatory tasks and activities of significance to the smooth upgrade of systems. The contractor is required to analyze the current program and delivery of services and to propose any suggested or recommended service improvements leading to greater effectiveness or improved cost efficiencies, or both. Work Schedule and Proposed Effort Provide a project work schedule with milestone dates and appropriate work phases including a breakdown of the hourly effort of involved personnel across the various tasks and activities including services beginning at the pre - design phase and extending thru post - construction. Request for Proposals Page 19 of 59 Design and Installation of Photovoltaic Solar Power System Due: November 30, 2010, 5 :00 PM Staffing Plan Provide an organizational chart showing the names and responsibilities of key personnel. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the consultant's project manager. The proposed Project Resident Engineer shall be a professional engineer licensed in California, and shall have experience working with Public Agencies in similar assignments, including experience in providing Contract City Engineering Services and, dealing with Public Agency Staff, and City Council. It is important that the key project team members have served public agencies in various capacities, and are accustomed to working with governmental agencies, and have good understanding of public agency issues, procedures, and policies. The City is looking for a qualified team that can provide turn -key services, and be the single Point of Contact and the Responsible Party representing the City in all aspects of the project. Company Qualifications Provide a summary of your firm's qualifications including background and experience. Please indicate your firms and experience in undertaking similar projects, and the experience of the team proposed for this project. References Provide 3 public agency references for past similar projects. Fee Please submit a separate Fee Schedule. A not to exceed fee based on an hourly rate of personnel for each category of work must be separately sealed. The hourly fee shall include all costs associated in providing all necessary services for individual work items. Collectively, the fee shall include all aspects of the project. Method and Criteria for Selection Proposals will be evaluated on the basis of consultant qualifications, experience, and cost effectiveness. The Contract will be awarded without discrimination or consideration of race, color, religion, sex, or national origin. The City reserves the right to reject any or all proposals submitted, and the City is not liable for any pre - contractual expenses. Pre - contractual expenses are defined as expenses incurred by the firm in: (1) preparing the proposal in response to the RFP; (2) submitting that proposal to the City; (3) negotiations with the City on any matter related to this RFP, and (4) any expenses incurred (if any) by the firm prior to date of award of the agreement. Any subsequent changes in the RFP from the date of issuance to date of submittal will result in an addendum by the issuing office. II A BALDWIN F, A R , K CITY COUNCIL AGENDA CITY OF BALDWIN PARK STAFF RgAbk' ITEM N0. TO: Honorable Mayor and Members of the City Council P FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: November 3, 2010 SUBJECT: AUTHORIZATION TO PROCEED WITH ADVERTISEMENT OF A REQUEST FOR PROPOSALS (RFP) FOR THE PRINTING OF THE BALDWIN PARK NOW PURPOSE The purpose of this report is to request authorization from the City Council to advertise the Request For Proposals (RFP) for the printing of the Baldwin Park NOW. BACKGROUND The Baldwin Park NOW is a bi- monthly publication that allows for consistent communication from the City to residents and business owners of Baldwin Park. The publication is a valuable tool that reaches over 21,000 households and businesses. City staff has been continuously working to improve the style and content of the publication in order to increase awareness and portray a positive image to community. In 2009, staff worked exclusively with The PM Group, a well- respected design and printing company to create a new design and look for the city's newsletter. The PM Group has assisted the City with design features and final design work over the last year; and the department transitioned from the old NOW design to the new NOW design. Keeping in mind the sensitive issue of the economy and constraints on budget, staff was also able to find long -term savings for the City in the re- design of the NOW. It is always the goal of the City to find new ways to trim costs without disrupting city services. DISCUSSION In order to remain as efficient as possible, the Department of Recreation and Community Services would like to request approval to seek proposals from printing companies to handle the printing of the Baldwin Park NOW (6 times a year). That will allow the department to take advantage of any cost savings that are available and ensure the City is receiving the highest quality of service at the best possible price. The Department has been satisfied with the work of the PM Group. However, we believe it is in the best interest of the City to re- evaluate the scope of work and related costs and select a printing vendor based on the best overall proposal. The City of Baldwin Park will accept proposals throughout the advertising period, which will end on November 22, 2010. FISCAL IMPACT There are no additional costs that would be incurred by the City through this process. Cost impacts will be measured after the review of proposals and will be presented to the City Council with a selection of a vendor. RECOMMENDATION Staff recommends that City Council: 1. Authorize Director of Recreation and Community Services to proceed with advertisement of a Request for Proposals forthe printing of the Baldwin Park NOW; or 2. Provide alternative direction for selection process. Attachments: A) Request for Proposals (RFP) 2 1. 2. 3. Request for Proposal INTRODUCTION November 3, 2010 The City of Baldwin Park is requesting proposals from qualified professionals to provide to printing services for the Baldwin Park NOW and Recreation Guide publications. The job would include the bi-monthly printing of the Baldwin Park NOW (6 times per year) and bi- annual printing of the Recreation Guide (twice per year), which would be inserted in the Baldwin Park NOW. This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a proposer may be selected and the contractual terms by with the City of Baldwin Park intends to govern the relationship between it and the selected vendor. DEFINITION OF PARTIES Definition of Parties: The City of Baldwin Park will hereinafter be referred to as the "City." Respondents to the RFP shall be referred to as "proposers." The proposer to whom the contract is awarded shall be referred to as the "Vendor." BACKGROUND The Baldwin Park NOW is a bi- monthly communication from the City to residents The publication is a valuable tool that businesses. City staff has been continuc content of the publication in order to inct image to community. publication that allows for consistent and business owners of Baldwin Park. °eaches over 21,000 households and tsiy working to improve the style and ?ase awareness and portray a positive In 2009, staff worked exclusively with a well respected design and printing company to create a new design and look for the city's newsletter. The new design is currently being used by the City and is modified every other month by in -house staff. In an effort to streamline processes, a 36 -page Recreation Guide has been incorporated into the printing of the Baldwin Park NOW twice a year (Summer /Fall & Winter /Spring). The City is currently satisfied with its current vendor. However, the City also believes it should periodically use its due diligence to be sure the printing services for both publications that would be distributed as a combination twice a year and the printing of the remaining four issues of solely the NOW are done as economically as feasible. An electronic sample of the Baldwin Park NOW and Recreation Guide can be found at www.baldwinpark.com under City Publications. 97 4. SCOPE OF WORK - SPECIFICATIONS 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 • Delivery to the United States Postal Service (USPS) for distribution Printin.a Specifications (Baldwin_Parlf NOW) - Six Issues per Year Description: 16 -page self cover Final Size (WxH) Spread 17x10.875; page size = 8.5x10.875 Stock 60# Recycled Gloss Book, 10% Post - Consumer Waste Ink 4/4 =4C Process (85 %) - Soy- -Based Inks Bindery Trim, fold, gather, saddlestitch along 10.875 direction Prepare for simplified mailing, deliver to USPS & Esther Snyder Community Center (4100 Baldwin Park Boulevard), Quantity 22,250 (Approximately) Printink Specifications (Recreation Guide) -- Two Issues per Year Description: 32 -page self cover Final Size (WxH) Spread 17x10.875; page size = 8.5x10.875 Stock 50# Recycled Gloss Book, 10% Post--Consumer Waste [NOTE: Was the changed from 60# to 50 #, intentional ?] Ink 4/4 =4C Process (8570 - Soy - -Based Inks Bindery Trim, fold, gather, saddlestitch along 10.875 direction Prepare for simplified mailing, deliver to USPS & City Hall Quantity 22,250 (Approximately) Printing Schedule (NOV February / March April / May June / July (includes 36 -page recreation guide) August / September October / November December / January (includes 36 -page recreation guide) Quotes should be submitted as an annual (12- month) cost with six printing jobs of the NOW, two of which include an additional 36 --page recreation guide insert. Additional recommendations for cost saving are welcome and should be quoted separately as not to dilute the original quote for comparison. K 5. PROPOSAL SUBMITTAL Interested and qualified firms shall deliver six (6) hardcopies of their proposal, prepared in accordance with the instructions in this RFP by 5 :00pm on Monday, November 22, 2010. All proposals shall be addressed and delivered to the below: Manuel Carrillo Jr. Director of Recreation and Community Services City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Faxed or electronic proposals will not be accepted. The City will not entertain sales calls or presentations during the RFP process. Questions may be addressed to: Rudolph R. Galindo Acting Program Supervisor City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Email: rgalindo @baldwinpark.com Office: (626) 813 -5245, Ext. 310 After proposals have been received and reviewed, the City may request a follow- up meeting with selected applicants ensure vendor's quality and capability. 6. PROPOSAL CONTENT Vendors desiring to respond shall submit proposals in sufficient detail to allow a thorough evaluation and comparative analysis, The proposals should be as brief and concise as possible, without sacrificing clarity or the required information. The proposals shall include as a minimum the following information, presented in a readily understood and logical format: a. Statement of project understanding containing any suggestions regarding special concerns the City should be made aware of. The proposal should include any additional works tasks the proposer feels are necessary for the successful completion of the project. K b. A list of similar printing projects the vendor has completed within the last five years. Information on the completed projects shall include project name and description, agency client name along with contact information, year completed, contract fee, and final project cost. c. A schedule of the proposed timeline for printing of the publication every other month. The schedule shall.include amount of time for each print job, indicating ability to perform the required services in a timely manner. d, A fee proposal 7. CONTRACTOR SELECTION The City of Baldwin Park will evaluate all timely submitted proposals. The evaluation will be based on the technical information and qualifications presented in the proposal, project fees, and reference checks. Qualified proposers will be invited for an interview. Proposals will be evaluated on many criteria deemed to be in the City's best interests, including, but not limited to and in no order of importance: • Cost Quality Service Timeliness Ability to meet specifications • If applicable, use of recycled or environmentally friendly materials 8. ESTABLISHMENT OF CONTRACT The City will select the Contractor based on qualifications, and then negotiate a contract price based on available funding. 9. INSURANCE REQUIREMENTS The following minimum insurance coverage is required of the Contractor and all sub--contractors. a. Commercial general liability insurance or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence; b, Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits not less than $1,000,000 per accident; S c. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence; (insurance shall include coverage for owned, hired and non -owned automobiles.) All Certificates of Insurance of shall be provided for all the above insurance requirements. In addition, the City and each of its officer, employees and agents shall be named as additional insured on the commercial general liability policy with respect to the performance by the Contractor and all sub - contractors. The City will accept only Additional Insured (Form B), CG2010, with an edition date prior to 1993, unless approved otherwise by the City Attorney or proof the policy automatically names the above as additional insureds. 10. PROFESSIONAL SERVICES AGREEMENT A. No change in the scope of contract services will be permitted without mutual written approval by the City and Contractor. B. The successful proposer and any sub - contractors are required to obtain business licenses from the City of Baldwin Park. 11. CITY RESPONSIBLITIES The City of Baldwin Park will be responsible for providing electronic files of both publications for printing. 12. ACCEPTANCE AND PAYMENT Vendor will receive payment for each project subsequent to successful delivery of all copies to the post office and administration. 13. RIGHT TO REJECT PROPOSALS a. The City of Baldwin Park reserves the right to reject any or all proposals submitted, and no representation is made hereby that any written contract will be issued pursuant to this RFP or otherwise. b. The City also reserves the right to award a portion of work or combination, thereof. C. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the proposers. The City will provide only the staff assistance and documentation specifically referred to herein and will not 6 be responsible for any other cost or obligation of any kind, which may be incurred by the respondent. All proposals submitted to the City of Baldwin Park become property of the City and subject to public review in accordance with the California Public Records Act. V CITY COUNCIL AGENDA NOV 3 ITEM No. F 1 rA CITY OF BALDWIN PARK STAFF REPORT BALDWIN P A, R, K TO: Honorable Mayor and City Council Members FROM: Vijay Singhal, Chief Executive Office Lorena Quijano, Finance Director ° DATE: November 3, 2010 SUBJECT: Fiscal Year 2009/2010 Preliminary Year -end Financial Update PURPOSE To provide the City Council with a financial update for the fiscal year ended June 30, 2010 (FY 200912010). BACKGROUND & DISCUSSION We are very pleased to report that the City of Baldwin Park has ended the FY 200912010 with revenues exceeding expenditures (in the black). The adopted budget for FY 2009 -2010 was $53,286,150 with the General Fund budget of $26,045,350. During the year, the economic conditions continued to be "bad." As a result of job losses, foreclosures, bankruptcies, and lower consumer spending, cities in California experienced significant declines in revenues due to reduced sales tax, property tax and other taxes and fees. To deal with the impacts of lower revenues, cities and counties have implemented cuts and reductions in staffing, programs and services. While the City of Baldwin Park also experienced significant reductions in its revenues as a result of poor economic conditions, the City of Baldwin Park has not reduced programs, services or implemented furloughs, lay -offs or pay reductions. A few years ago, the City of Baldwin Park implemented numerous proactive steps to streamline operations and improve efficiency which have resulted in significant improvements in fiscal stability and operating performance. The City has continuously delivered quality services despite lower staffing and was able to weather one of the worst economic storms. In 2009/2090 these efforts combined with a variety of other measures to offset expenditures, as discussed later, have allowed the City to end another year in the black and once again prevent impacts on services, programs and staff. General Fund The 2009/2010 General Fund's adopted budget was balanced and provided funding for numerous programs. The projected revenues were expected to exceed expenditures (after transfers) by $189,250. However, the actual excess of revenues over expenditures is estimated at $63,856, lower than anticipated, but still positive. FY 2009 -2010 Preliminary Year -end Financial Update The following is a summary of the General Fund for FY 2009 -2010: As noted in the table above, the City's General Fund revenues came in lower than expected by 7.0% or $1.8 million, expenditures were lower than budget by 6.6% or $1.7 million, and the net excess of revenues over expenditures was $63,856. The following sections provide additional details of General Fund revenues and expenditures. Genera! Fund Revenues: The General Fund revenue budget for fiscal year 2009 -2010 was $26,234,600 and the projected actual revenue receipts is $24,388,830 or $1,845,770 lower than budget. The following table shows the performance of major revenue sources: Category Available Adopted Budget Projected June 30, 2010 Projected vs. Adopted Budget % Revenues (including Transfers In 26,234,600 24,388,830 1,845,770 -7.04% Expenditures (including Transfers Out 26,045,350 24,324,974 1,720,376 -6.61% Grand Total 189,250 63,856 125,394 - 66.26% As noted in the table above, the City's General Fund revenues came in lower than expected by 7.0% or $1.8 million, expenditures were lower than budget by 6.6% or $1.7 million, and the net excess of revenues over expenditures was $63,856. The following sections provide additional details of General Fund revenues and expenditures. Genera! Fund Revenues: The General Fund revenue budget for fiscal year 2009 -2010 was $26,234,600 and the projected actual revenue receipts is $24,388,830 or $1,845,770 lower than budget. The following table shows the performance of major revenue sources: Category Adopted Annual Budget Projected Revenues June 30, 2010 Projected vs. Adopted Budget % Property Propeqy Taxes 3,492,000 3,207,516 - 284,484 -8.15% Sales Tax 5,150,000 4,846,133 - 303,867 -5.90% Utility Users Tax 2,550,000 2,407,299 - 142,701 -5.60% Motor Vehicle License Fees Taxes 6,750,000 6,493,710 - 256,290 -3.80% Franchise Fees 1,5 ,"x,000 1,438,225 - 111,775 -7.21% Business Licenses 550,000 563,739 13,739 2.50% Construction Related 939,000 874,457 - 64,543 -6.87% Police Revenues 3,261,000 2,610,318 - 650,682 - 19.95% Latch Key Childcare 330,000 278,745 - 51,255 - 15.53% Facility Rental 170,000 209,127 39,127 23,02% Transient Occu anc Tax 275,000 218,883 - 56,117 - 20.41% Billboards Revenue 175,000 145,000 - 30,000 - 17.14% Interest Revenue 125,500 20,673 - 104,827 - 83.53% Various Other Revenues 817,100 834,390 17,290 2.12% Subtotal 26,134,600 24,148,215 - 1,986,385 - 7.60% Transfers In 100,000 240,615 140,615 140.62% Grand Total 26,234,600 24,388,830 - 1,845,770 -T04% FY 2009 -2010 Preliminary Year -end Financial Update As noted above, the City is expecting a year end gap of $1.8 million between the actual and budgeted revenues even though the City made some revenue adjustments during the budget process. The current economic environment has continued to dramatically impact tax revenues, the largest source of revenue for the City. As reflected in the pie chart below, the City's largest source of revenue, Taxes, comprises 81% of total General Fund Revenues: LICENSE FINES & PENALTIES 7% CHARGE: SEWIC 6% USE OF NI ONEY & PROPERTY AXES $11/0 It is important to note that taxes are fixed and cannot be increased without voter approval. Therefore, any decline in tax revenues has to be offset by expenditure reductions in order to avoid impacts. Generally, the decline and recovery of tax revenues also lags behind the general economy. Therefore, even though the recession started in 2008 the major decline in taxes did not happen until 2009 12010 as shown in the chart below: General Fund Taxes: Actual FY 2007 -2010 22,000,000 21,255,013 21, 500, 000 2 0,982,306 21,000,000 0,804,157 2 20,500,000 20,000,000 19, 549,748 19,50Q,OOQ 19, 000, 000 FY 2007 FY 2008 FY 2009 FY 2010 ACTUAL ACTUAL ACTUAL ACTUAL 3 FY 2005 -2010 Preliminary Year -end Financial Update Following is a summary of variances of major revenues. Property Taxes and Motor Vehicle License Fees (VLF) In Lieu of Taxes: These revenues as compared to the budget were $284,490 or 8.7% and $256,280 or 3.8% less than expected. Both of these are related to property tax and experienced declines due to reduced market values of properties sold and because of decreased taxes resulting from home values which were reassessed by the County of Los Angeles because of the significant declines in the real estate market. • Sales Tax: The second lowest was Sales Tax revenue, which came in $304,000 or 5.9% lower than the budget. As was expected, the major reason for lower sales tax revenues is the decline in sales due to lower consumer spending and some store closures. Utility Users Tax: These revenues came in about at 5.6% lower compared to the projected revenues. Mainly, this was due to declines in energy costs that reduced revenues in companies such as the Gas Company and Sempra Energy in addition to decreased revenues in communication companies such as Nextel, Verizon and AT &T. • Franchise Fees: Due to a decrease in the amount received from Time Warner and the Gas Company, these revenues came in about at 7.21% or about $111,800 lower compared to the projected revenues. • Police Revenues: The most significant decrease in terms of dollar amounts was from Police Revenues, which came in lower than expected by about $654,240 or 20.1 %. The main reason for the 20.1 % decrease was due to the following: ➢ Significant declines in the collections of Vehicle Code Fines, $441,400, and Parking Citations, $109,300; ➢ A decrease in the amount received from the State relating to the COPS AB3229 SLESF program which came in lower by about $35,600; ➢ A decrease in Police Charges of about $37,600; ➢ A decrease in Booking Fees of about $24,200; and ➢ A number of other minor decreases offset by slight revenue increases in smaller rya ■lai�� • Interest Income: As discussed during the mid year budget, lower interest rates have significantly affected all investments. As a result, the City's investment revenues were 83.53% or $104,800 as compared to the budget. FY 2009 -2010 Preliminary Year -end Financial Update The following chart provides a trend of major revenues since Fiscal Year 2006 -2007: Revenues by Major Categories: Fiscal Year 2007 -2010 ®PROPERTY TAXES Projected Expenditures June 30, 2010 Projected vs. Adopted Budget dEEEa9y ......SALESTAX UTILrrY 11SERSTAX Personnel 6,100, DOD 17,325,416 5,100,000 3.03% Maintenance 1,280,300 4,100,040 367,402 e FRANCHISE TAX Internal Charges 2,336,400 2,098,872 3,100,000 10.17% --♦ - -• ••TRANSIENT 2,686,900 2,499,890 187,010 2,140,44D Capital...-- OCCLlPANCYTAX 53,192 39,108 42.37% Total Expenditures 24,263,450 — �NESS LICENSE 1,373,182 1,3DD,4D0 Transfers TAX 1,434,706 347,194 19.48% 104,444 26,045,350 -A - --»VLF IN LIEU OF TAXES 1,720,376 6.61% FY 2007 FY 2008 FY 2009 FY 2010 ACTUAL ACTUAL ACTUAL ACTUAL Y&dfEi3PE¢3ss3s4d�119ri111�E111 �� - +:nnaraa,sa.xrs eame area As shown in the above chart, several revenues are lower than the actual receipts three years ago. The reason being that the economy has continued to struggle and according to many experts major growth in economy is not anticipated for a few years. Basically, revenues are expected to stay flat before they increase. General Fund Expenditures: The total General Fund's adopted budget was $26,045,350 and the estimated actual is $24,324,974 thus providing a savings of 6.61% or $1,720,376 for the 2009/2010 fiscal year. The following table shows General Fund projections by expenditure category: General Fund Expenditures by Cateaory 2009120/0 Category Adopted Annual Budget Projected Expenditures June 30, 2010 Projected vs. Adopted Budget % Personnel 17,867,550 17,325,416 542,134 3.03% Maintenance 1,280,300 912,898 367,402 28.70% Internal Charges 2,336,400 2,098,872 237,528 10.17% Contractual 2,686,900 2,499,890 187,010 6.96% Capital...-- 92,300 53,192 39,108 42.37% Total Expenditures 24,263,450 22,890,268 1,373,182 5.66% Transfers 1,781,900 1,434,706 347,194 19.48% Grand Total 26,045,350 24,324,974 1,720,376 6.61% S FY 2009 -2010 Preliminary Year -end Financial Update Personnel costs constitute a significant portion of the budget. The following pie chart provides an overview based on the projected expenditures for the year. As noted below, even with the current vacancies, personnel costs comprised 71 % of the total General Fund expenditures for fiscal year 2009 -2010. Personnel 71% Other costs such as Contractual and Internal Service are almost fixed. This suggests that in order to reduce expenditures, personnel cost would need to be reduced. Additionally, any growth in these costs would also need to be controlled until steady revenue growth to absorb these increases is ensured. Thus far, our efforts to keep positions vacant helped the City realize salary savings and avoid reductions and consequently program impacts. The table shown below provides information on General Fund expenditures by department. General Fund Expenditures by Department 2009/2010 Category Adopted Annual Budget Projected Expenditures June 30, 2010 Projected vs. Adopted Budget % City Council 180,100 170,437 9,663 5.37 % Administration 612,550 538,992 73,558 12.01% Human Resources 309,500 271,853 37,647 12.16% Community Development 1,071,000 1,034,175 36,826 144% Police 16,820,200 16,487,058 333,142 1.98 %fl Police -Ore time transfers to eligible sources 0 523,083 523,083 0% Finance 620,700 612,510 8,190 1.32% Non -De arlmental 982,900 821,759 161,141 16.39% Public Works 449,400 306,355 143,045 31.83% Recreation 3,217,100 3,170,213 46,888 1.46% Total Expenditures 24,263,450 22,890,268 1,373,182 5.66% Transfers Out 1,781,900 1,434,706 347,194 19.48 % Grand Total 26,045,350 24,324,974 1,720,376 6.61% FY 2009 -2010 Preliminary Year -end Financial Update As noted above all departments have held the line and are projected to come within or under budget with a net savings of $1.7 million in total. As discussed during the mid -year review, several adjustments were implemented to reduce General Fund expenditures and avoid impacts on services, programs and staffing. These adjustments resulted from salary savings from vacant positions; reductions in contractual services; and decreases in the transfers made to subsidize Special Funds. Subsidized Funds receive transfers from the General Fund to support personnel and operating costs, which were less than expected in the current year. However, the most significant factors that caused these savings were due to the following, which are estimated at about $918,300 for fiscal year 2009 -2010: 1. Reallocation of allowable costs to the Asset Forfeiture Fund which included: • Salary costs of $523,100 for sworn officers; and • A portion of the Animal Control costs amounting to $145,200. During the year the County increased the Animal Costs significantly. Since this increase was neither anticipated nor budgeted, these costs were an eligible use of Asset Seizure funds. 2. A decrease of $250,000 in the amount transferred to Internal Service Funds ($125,000 to the Information Services Fund and the $125,000 to the Fleet Services Fund). As noted above, the General Fund was able to avoid impacts to its reserves and services by almost $1 million dollars, however, in the future, these expenditures will need to be absorbed in the General Fund. It's important to note that if these measures did not occur, the General Fund would have had a fiscal year operating deficit of about $900,000, which would have decreased the General Fund reserves to about $4 million. As a result of these efforts, the City was able to maintain its expenditures within revenues and avoid any adverse impacts. Trend for Other City Funds Other city funds can be categorized into two categories: the first represents those funds supported /subsidized by the General Fund. While any shortfall in these funds must be paid for by the General Fund, any savings are retained in these funds for future expenditures. These funds include funds such as Proposition A, Park Maintenance Assessment District, Fleet, Information Technology and Insurance Funds. Other than the Park Maintenance Assessment District, these funds are projected to be within budget at the end of the fiscal year. Another set of funds represents restricted funds, where the funds are subject to restrictions for example; Asset Seizure, Grant funds and funds which have legal or other restrictions such as Proposition 42, Proposition C and Traffic Congestion relief funds, which are restricted for transportation projects. if not spent during the year, these funds are carried over to the next year. No adverse trends are noted in these funds and reserves remain in these funds after all expenditures are taken into account. FY 2009 -2010 Preliminary Year -end Financial Update The following table shows the trend of citywide expenditures by department. CITYWIDE EXPENDITURES BY DEPARTMENT DOES NOT INCLUDE TRANSFERS OUT FY 2006 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Department ACTUAL ACTUAL. ACTUAL., ACTUAL, ACTUAL Administration: 5,517,432 6,021,050 5,704,384 6,723,213 Personnel Council 308,120 257,894 190,091 147,207 223,585 CEO 575,557 371,307 363,906 344,701 315,444 City Clerk 265,086 217,838 268,154 191,060 195,813 City Attorney 209,258 388,097 418,804 294,417 250,649 Human Resources 493,334 409,789 449,654 532,973 392,973 Risk Management 2,521,275 2,150,118 1,985,789 1,311,182 1,828,660 Information Technology 992,927 918,285 1,025,023 864,175 878,606 Finance 1,074,096 1,219,702 1,036,132 1,106,144 998,415 Non - Departmental* 1,609,776 1,524,963 1,394,231 20,686,787 17, 770,392 Community Develop. - Unrestricted 993,511 964,180 1,139,009 1,066,335 1,034,174 Community Develop. - Restricted 3,092,200 1,586,179 2,768,135 2,219,803 3,591,639 Police 15,431,834 15, 244,845 16,434,306 17,164,777 17, 315,561 Public Works - Unrestricted 3,944,806 3,501,682 3,080,152 2,658,039 2,253,250 Public Works - Restricted 6,254,227 7,954,773 3,096,632 4,162,801 6,479,701 Recreation & Community Services 5,984,035 4,977,252 6,018,323 5,834,147 5,238,082 Grand Total 43,750,042 41,686,903 39,668,341 58,584,550 58,766,944 *For FY2009 and FY2010 there are increases reflected in Non Departmental (and as noted below in Personnel, Maintenance and Capital/Debt Service) because the new GEMS system, which was implemented in FY 2009, now allows the City to summarize the accounts of the Community Development Commission and the Housing Authority. Restricted expenditures represent expenditures from restricted sources such as CDBG, Grants, Prop C etc., which are only supposed to be spent on designated purposes. The following table provides citywide expenditures by category: CITYWIDE EXPENDITURES BY CATEGORY DOES NOT INCLUDE TRANSFERS OUT FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 CATEGORY ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL Contractual 7,062,295 5,517,432 6,021,050 5,704,384 6,723,213 Personnel 20,822,867 20,421,323 20,819,580 22,310,134 22,476,250 Maintenance 6,601,021 5,268,786 6,754,198 14,418,050 15,747,633 Capital /Debt Service 4,965,583 6,670,352 2,147,472 12,308,472 10,642,546 Internal Services 4,298,276 3,809,011 3,926,041 3,843,510 3,177,302 Grand Total 43,750,042 41,686,903 39,668,341 58,584,550 58,766,944 8 FY 2009 -2010 Preliminary Year -end Financial Update It is important to note that a few years ago the City of Baldwin Park implemented a restructuring /reorganization plan. This proactive approach was directed at balancing city expenditures with revenues; streamlining operations; strengthening reserves, which were at precarious levels; improving efficiency of operations and improving services. The plan implemented several new revenues and reduced expenditures and staffing levels by eliminating vacant positions. City staffing levels are among the lowest in California cities and any further reductions are likely to cause impacts. As a result of this plan, expenditures in most departments except public safety have been reduced, however, the cost of critical service /operations such as police have increased to maintain the services to the community. Because of significant reductions already implemented, further reductions would have caused program and service impacts. We are pleased to report that the City not only maintained services but made significant improvements in many areas including public safety by reduction in crime and implementation of many new projects. Future Considerations Despite the current economic conditions, the city has strengthened its financial condition and has increased the General f=und's reserves and cash balances. The whole nation is experiencing a slow economic recovery and as a result revenues are not increasing. It is expected that economic pressures will continue to impact revenues for a few more years; however, the current trends do not suggest significant declines in tax revenues in the future. Nonetheless, revenue recovery is expected to be slow and it is anticipated that it will take a few years for revenues to be back at the 2008 levels. Additionally, the City faces further revenue decreases of about $250,000 or more beginning in 2010/2011 as a result of the reduction in police revenues (i.e., franchise fees and vehicle release fees from a reduction in check points and impounds). In addition, starting in fiscal year 2011/2012 Cal PIERS costs are expected to increase by 15% in the next five years and health insurance costs will increase about nine percent in the upcoming 2011 calendar year). These cost increases are expected to create an additional cash outflowlimpact of about $440,000 in fiscal year 2011/2012 and impacts in future years will be higher. Since revenues are not likely to increase, it will be important for the City to implement measures to mitigate the impact of lower revenues and these cost increases. SUMMARY So far, despite a very awful economy, which has caused major adverse impacts on other cities forcing them to cut programs and services and implement lay -offs and furloughs, the City of Baldwin Park has stood strong and has been able to maintain its fiscal position, programs and services. However, as discussed earlier, necessary steps would be needed to maintain the expenditures within available revenues in fiscal years 2010/2011 and beyond. While the prolonged recession and economic downturn is likely to continue to create challenges. We are hopeful that the City will be able to balance the service needs with available resources and avoid major impacts. During the mid -year process for fiscal year 9 FY 2009 -2010 Preliminary Year -end Financial Update 2010/2011 and the budget for FY 2011 -2012 we will evaluate challenges, resources and needs to balance expenditures with available revenues. The City has in the past demonstrated that it can shine despite challenges. During the past few years even in very tough economic times, the city of Baldwin Park was able to implement new programs and resources to improve the level of services that it provides to the residents and it is staff's endeavor to continue to improve overall city performance and navigate the city through this economic storm. We are very confident that City staff has the talent and dedication to do so again. We would like to thank the City Council for their support, E -Team for their hard work and all city staff members, without whose contributions, this performance would not be possible. FISCAL IMPACT If approved the FY 2009 -2010 adopted budget for revenues and expenditures would be reduced to the projected year end actual as discussed above. RECOMMENDATION It is recommended that the City Council receive and file the end of the year FY 2009 -2010 financial update. 10 F C ITY OF BALDWIN PARK BALDWIN P , A - R, K TO: Honorable Mayor and City Council Members FROM: Vijay Singhal, Chief Executive Office Lorena Quijano, Director of Finance DATE: November 3, 2090 SUBJECT: Monthly Financial Report: September 2010 PURPOSE CITY COUNCIL AGENDA NOV ITEM NO. STAFF REPORT The purpose of this report is to provide City Council with a monthly financial report for the period ended September 2010. BACKGROUND The City's Fiscal Accountability Policy requires that a monthly financial report be presented to the City Council from September thru May. The report for the month of September includes July and August. DISCUSSION The Monthly Financial Reports provide the City Council and staff with a monthly budgetary status. As we have previously discussed, the economic crisis continues to cause significant impacts on all aspects of the local economy with lower revenues and an increased need for services. The City of Baldwin Park experienced another decline in revenues during fiscal year 2009 -2010 and adjusted its 2010 -2011 budget during the budget process. The current report provides an update for those revenues received on a cash basis (i.e., revenues that are recorded as they are received) since trends for major revenues are not available as of September 30, 2010. The City's cash basis revenues are at 20% of the budget while expenditures are at 23 %. Since the rate of revenue receipts is lower than the expenditure levels, it will be extremely important to monitor the budget very closely. The City Council will be provided with updates in the monthly financial reports and a comprehensive review will be provided during the 2010.2011 midyear budget. The following is a more detailed discussion on revenues and expenditures: Monthly Financial Report: September 2010 Page 2 Revenues No significant trends are available for major revenues, which account for more for than 80% of total General Fund revenues. This is because: (1) Most major revenues such as Vehicle License Fees (VLF) in Lieu of Taxes and Utility Franchise Fees are received later in the year. For example, the City receives two payments for (VLF) in Lieu of Taxes, one in January and the second in May. (2) Sales Tax, which is based on a quarterly basis, does not start to come in until the end of September. (3) Transient Occupancy Tax and Utility Users Tax are received after the end of the quarter. (4) For several other revenues, receipts in the first two months of the year are generally accrued in the prior year, As a result, trends for very few revenue sources are available at this time. The table below reflects only those revenues that are recorded as they are received, better known as the "cash basis." General Fund Revenues 201012011 Category Adopted Annual Budget YTD Revenue % of Adopted Budget Collected Business License Tax 580,000 160,315 28% Vehicle Release Fees 250,000 50,315 20% Franchise Fees - Police 600,000 69,495 12% Building Plan Check Fees 400,000 70,415 18% Zoning Fees 40,000 12,604 32% Permit Issuance Fees 85,000 18,929 22% Subdivision Fees 20,000 5,140 26% Design Review Fees 21,000 3,500 17% Engineering Fees 55,000 4,018 7% Recreation Fees 66,000 29,767 45% Construction Permits 575,000 116,128 20% Total 2,692,000 540,626 20% At this time, it is still too early to project how all revenues will be received during the rest of the year. However, we will be monitoring both the vehicle release fees and police franchise fees since these will be affected by the decrease in the number of check points that are conducted during the year; at this point it is anticipated that a revenue Monthly Financial Report: September 2010 Page 3 reduction of about $250,000 will occur but this amount might increase and it will be monitored throughout the year. Construction permits are also lower than expected and will be monitored closely as these revenues fluctuate during the year depending on construction activity during the year. Furthermore, even for cash basis revenues, the collection or receipts are not uniform from month to month because of timing issues and variances in one period may not necessarily carry over from one period to another. Expenditures Based on available trends, General Fund expenditures are within budget and are at 23% as noted below: General Fund Exaenditures by Cateaory 2010/2011 Category Adopted Annual Bud et YTD Expenditures % of Adopted Budget Used Personnel 17,804,900 4,338,237 24% Maintenance 2,850,850 665,945 23% Contractual 2,383,500 374,194 16% Capital 65,000 4,100 6% Total 23,104,250 5,382,476 23% General Fund Expenditures by Department 2010/2011 Category Adopted Annual Bud et YTD Expenditures % of Adopted Budget Used Administration 709,700 118,780 17% Human Resources 245,550 60,270 25% Community Development 984,350 242,243 25% Police 16,187,500 3,726,355 23% Finance 1,507,750 365,437 24% Public Works 236,050 72,202 31% Recreation 3,233,350 797,189 25% Total 23,104,250 5,382,476 23% As of September 30, 2010, 25% of the year has elapsed and the Year -to -Date expenditures should be at or below 25 %; however, expenditures are paid in arrears and as a result several categories and departments will have expenditures lower than 25% of the budget. Other departments might be at higher levels because projects were Monthly Financial Report: September 2010 Page 4 scheduled to be completed at the beginning of the year. While the above discussion focuses on the General Fund, the trends are similar in other funds also. Summary As was the case last year during this time, the condition of the national, state and local economies is still not good. With job losses, lower consumer spending, foreclosures and home values still unstable, it is anticipated that our revenues will either decrease or remain stable as compared to the previous fiscal year. The City is already aware of the $250,000 decrease in police revenues; however, any further impacts on revenues will be known when we receive major revenues such as sales tax and property tax in December and January. If there are additional decreases in revenues and the City cannot offset them with decreased expenditures, the City might have to deplete some of the General Fund reserves in order to cover the current year deficit. Staff will continue to monitor the trends and will recommend budget changes as deemed necessary. In the meantime, we are watching our budget very closely. FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and file the monthly financial report for the period ended September 30, 2010. Rl� Fn BALDWIN P , A , R • K TO: FROM: DATE: CITY OF BALDWIN PARK CITY COUNCIL AGENDA NOV ° 3 ITEM NO.._.�0! _.. STAFF REPORT Honorable Mayor and Members of the City Council Marc Castagnola, AICP, Community Development Mana er - I November 3, 2010 SUBJECT: Arrow Highway Corridor Planning Efforts PURPOSE This report is to provide the City Council with an update on a potential joint Arrow Highway Master Planning /Redevelopment effort and seek direction on the next step in the process. BACKGROUND In 2007/2008, six jurisdictions participated in a SCAG funded Arrow Highway demonstration project. The six jurisdictions that participated in this project were the Cities of Azusa, Baldwin Park, Covina, Glendora and Irwindale and County of Los Angeles representing the supervisorial districts of Antonovich and Molina. The portion of the Arrow Highway studied is an 8.5 miles section that runs from 1 -605 to the western border of City of San Dimas. It is a major east —west corridor that traverses 53 miles of Los Angeles and San Bernardino counties. The Arrow Highway Demonstration project was conducted to provide land use, economic, design and implementation strategies for improving the overall corridor while also creating greater connection between land use and transportation. In addition the Demonstration project had five specific goals: 1. Establish and define a corridor role; 2. Improve the visual appearance; 3. Improve economic performance; 4. Improve traffic flow and links to transportation; and, 5. Establish multi - jurisdictional coordination. In summary, the study finds: o The study found that the corridors suffers from a lack of cohesive design and planning, functioning primarily as a major east -west thoroughfare for automobiles and trucks. The corridor also suffers from an oversupply of retail development and a collection of marginal parcels created by a system of storm drainage channels. Arrow Highway Corridor Study November 3, 2010 Page 2 of 3 T& Together these issues have prevented the corridor from evolving in a focused manner, retarding potential economic growth and prosperity. The corridor benefits from a high level of mass transit activity, both along and connected to Arrow Highway. A number of Foothill Transit bus lines stop at or connect through the corridor to reach nearby rail stations or transit centers. A large amount of vacant and underutilized land dots the corridor and could host new housing, commercial, open space, and mixed -use development. Finally, an untapped system of open space and pedestrian /bicycle highways is available in the form of the drainage channels. Based on the data collected, the following strategies were recommended to improve the corridor: 1. Identify and strengthen activity nodes and districts (i.e. commercial, residential, and industrial). 2. Redevelop and/or redesignate key parcels within the corridor, including the possible creation of a multi - jurisdictional redevelopment agency. 3. Introduce corridor housing. 4. Create green highways for pedestrians and bicyclists. 5. Enhance transit operations and connections along Arrow Highway. 6. Beautify the corridor's right-of-way. In order to accomplish these strategies, the creation of a task force within the SGVCOG was recommended to continue study of the corridor and create a multi jurisdictional planning effort. Another major effort was undertaken by the Los Angeles County Supervisorial Districts 1 and 5 which have funded the hiring of special legal counsel to research the feasibility of creating a multi jurisdictional redevelopment project area. It has been determined that this would be feasible with formation of a Joint Powers Authority (JPA). However, there are a number of issues which must be resolved prior to forming a JPA, including: limits on the authority of the JPA; governance; queuing of projects; financing; and staffing. NEXT STEPS The next key steps include: 1. To seek City Council tentative support and direction to continue and report back to the working group regarding the Council level of interest and any concerns or issues to consider in moving forward. 2. To develop a Corridor Master Plan: SGVCOG staff was responsible for submitting an application under the California Strategic Growth Council's Sustainable Planning Grant program to fund the development of a Master Plan for the Arrow Highway Corridor. This application was submitted in August, and the SGVCOG anticipates receiving a response by November. Arrow Highway Corridor Study November 3, 2010 Page 3 of 3 3. To continue meeting and studying the formation of a potential Financial and Governance task Force to evaluate various financial models that could be used to fund implementation of the Corridor Master Plan. To date, the all the City Council within the jurisdiction (Azusa, Covina, Glendora and Irwindale) have passed a motion in support of continuing the study and the Los Angeles County also passed a motion of support last September 21, 2010. FISCAL IMPACT There is no impact on the General Fund. The SGVCOG and L. A. County Supervisorial Districts 1 and 5 are funding the study. RECOMMENDATION That the City Council: Direct staff to continue to work with the San Gabriel Valley Council of Governments ( SGVCOG) on "next steps" in the planning process. NOTE: Council direction to continue work with the SGVCOG does not commit the City to any conclusion. The City can terminate participation during the process should it be determined by the City Council that the process is not in the best interests of the City. ttachments: 1. Motion by Supervisors Michael D. Antonovich and Gloria Molina 2. Formation of a Multi- Jurisdictional Redevelopment Agency — Memorandum 8/4110 3. Arrow Highway Corridor Joint Redevelopment -- L. A. County CDC 619110 4. Comparison of Various Joint Powers Authorities 5. Multi- Jurisdictional Planning in Corridor -- Compass Blueprint Study Attachment 1 Motion by L. A. County Supervisors AGN. NO. MOTION BY SUPERVISORS MICHAEL D. ANTONOVICH SEPTEMBER 21, 2010 AND GLORIA MOLINA The Southern California Association of Governments (SCAG) predicts that the San Gabriel Valley region will add approximately 400,000 residents and 80,000 jobs between now and 2035. To plan for this expected growth, SCAG, under the auspices of the San Gabriel Valley Council of Governments (SGVCOG), reviewed major thoroughfares in the region that feature public transit lines, retail /commercial uses, and a variety of housing opportunities. The effort focused in part on an 8.5 -mile stretch of Arrow Highway between the 1 -605 on the west and the Glendora -San Dimas boundary on the east. The Arrow Highway Corridor includes portions of the unincorporated County's First and Fifth Supervisorial Districts as well as the Cities of Azusa, Baldwin Park, Covina, Glendora and Irwindale. The First and Fifth Districts, the SGVCOG, and representatives of the five cities are engaged in preliminary discussions to establish multi jurisdictional cooperation along the Arrow Highway Corridor. The parties are interested in pursuing continuity in planning that will improve quality of life for residents, revitalize the local economy, and improve the visual appearance of the Corridor. This effort will require the participation of a number of County departments. The proposed revitalization is important not only to the communities along the Arrow Highway Corridor but is also intended to serve as a model that can be utilized in other areas within the County. WE, THEREFORE, MOVE THAT THE BOARD OF SUPERVISORS DIRECT: 1. Its support for the Arrow Highway Corridor project, involving the County of Los Angeles, the San Gabriel Valley Council of Governments, and the Cities of Azusa, Baldwin Park, Covina, Glendora and Irwindale; 2. The County departments to participate in the Arrow Highway Corridor project and support the project with available staff and resources; and 3. The Executive Officer to transmit a copy of this motion to the mayors of the cities of Cities of Azusa, Baldwin Park, Covina, Glendora and Irwindale. MDA:pno arrowh ig hwaycorri do r092110 RIDLEY- THOMAS YAROSLAVSKY KNABE ANTONOVICH MOLINA MOTION Attachment 2 Formation of Multi- Jurisdictional Redevelopment Agency Memorandum 814190 DRAFT MEMORANDUM ATTORNEY-CLIENT AND WORICPRODUCTPRIVILEGE DATE: August 4, 2010 TO: Nick Conway, Executive Director, San Gabriel Valley Council of Governments FROM: Cord6 Carrillo, Community Development Commisslon of the County of Los Angeles, EconomicIRedevelopment Division Ruben Duran, Special Counsel, Meyers Nave RE: Formation of Multi - Jurisdictional Redevelopment Agency - Arrow Highway Corridor Introduction This memorandum examines the California Community Redevelopment Law ( °the CRL," Health and Safety Code section 33000 et seq.)' and Government Code to determine whether, and if so, hour, a multi- jurisdictional redevelopment agency may be formed among the following public entities situated along the Arrow Highway Corridor2 In the San Gabriel Valley: the County of Los Angeles ( "the County) and the Cities of Baldwin Park, Irwindale, Azusa, Covina and Glendora (Individually, each °a Participating Agency," and, collectively, the 'Participating Agencies'). While there Is direct authority in the CRL for the common exercise of redevelopment powers between or among two or more redevelopment agencies (or between or among a county and a city or cities) as wall as direct authority for the delegatlon of redevelopment authority from one agency or community to another, neither the controlling statutes nor any cases or opinions Interpreting them seem to contemplate the proposed structure being considered by the Participating Agencies here; that is, where multiple redevelopment agencies will seek to form one separate and distinct representative agency-to porform redevelopment functions in and over a geographic area consisting of territory from each of the Participating Agencies. 'All further statutory references are to the California Health & Safety Code, unless otherwise noted. 2 The Arrow Highway Corridor Is an 8.2 mile long stretch of land running east -west along Arrow Highway starting at the 605 Freeway on the west and going east through unincorporated Los Angeles County (at various points) and (from west to east) the Gilles of Invindale, Baldwin Park, Azusa, Covina and Glendora, ending at Val ay Center Avenue (at the western San Dimas border). CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY - CLIENT ANDIOR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE CONTENTS HEREOF, DO NOT FILL- WITH PUBLICLY ACCESSIBLE RECORDS. To: lick Conway, Execiitive Director From: Cord6 Carrillo & Ruben Duran, Special Counsel Re: Joint Redevelopment - Arrow Highway Corridor Cate: August 4, 2010 Page: 2 of 7 DRAFT Accordingly, the memorandum will consider the formulation and adoption of a joint powers agreement for the formation of.a joint powers authority (JPA) under which the Participating Agencies can exercise their common redevelopment powers. Additionally, a joint powers agreement can provide the vehicle by which an appropriately structured governing body may be established to manage and direct the activities of the joint redevelopment agency. Factual BackgraunO Working with the Southern California Association of Governments and tine San;Gabr €elValley Council of Governments, the Participating Agencies took part in a visioning process that- ci`itrrminated'in 41"e rgional strategy to accommodate anticipated growth in the San Gabriel Valley:-*That sttafegy-became'known as "Compass Blueprint` and the Arrow Highway demonstration projoct--- ,!s bori but ofliiat:process, The Participating Agencies formed the "Arrow Highway Working.Grouli q Mose overall project goals were to "provide[ ) land use, economic, design and impfemenfatioti s(rategies that can lmprove the overall corridor and the connection between land use and,•t'rah8portat€on.nq Specific prefect goals for the Demonstration Project include (1) establish and define a cord 'role,:(2) improve the visual appearance; (3) improve economic performance; (4) improver. #affic flow and links 16- *transportation; and (5) establish multi Jurisdictional coordinations Given the stated and specific goals Identified by tlie,P]ueprint-Strategy, it Is not difficult to see why the Participating Agencies and others involved fri,the process would consider the use of redevelopment as a potentially effective too] to group's objectives, Redevelopment can be and has been a powerful and useful strategy to eliminate blighland transform communities and project areas within communities by providing necessary.:public infrastructure and improvements, facilitating and enabling the development of affordable hoflsing and,encouragtng private Investment and sparking commercial, industrial and retail projects. State Law Background, Estab11s hir len(6fRedeve6p1iio1dAganc1es UirderState Law The GRL provides that thaee=is a nascent, redevelopment agency within each city and each county, which can be, -kacilvated upon: a'determinallon by the city council or board of supervisors.s Formation of a s 12ecognizing that not all of the current members of the Arrow Highway Working Group may Piave been involved in the Compass Blueprint p�dject, which started in 2001 and culminated in the June 2008 report referenced below, this brief factual background is provided merely to summarize the results of the group`s extensive efforts towards cooperation and Joint planning. 4 See 'Compass Blueprint -- Mullf- Jurisdiclional Planning in Corridors: A Recommendations Report for the Arrow Hlghvray Corridor in the San Gabriel Valley" dated ,tune 2008, pago 1, a ibid. 6 Soo, sections 33100, 33103, CONMENr1AL THIS MATERiAL IS SUBJECT TO THE ATTORNEY - CLIENT AND10R THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE CONTENTS HEREor, DO NOT FILE WITH PUBLICLY ACCESSIBLF RFCORDS. To; hick Conway, E=xecutive Director From: Cordb Carrillo & Ruben Duran, Special Counsel Re; Joint Redevelopment - Arrow Highway Corridor bale:. August 4, 2010 Page; 3 of 7 DRAFT redevelopment agency creates a new legal emit tl�ai is separato and a art from the a enc that created it, 72 That new agency may e, and- most commonly is, governed by a board composed of the same persons who constitute the city council or board of supervisors. In addition to the board or com mission, -there are other alternatives for governance. The CRL permits a legislative body that has declared itself to be a redevelopment agency board to, by ordinance, create a "community redevelopment commission." If it does so, that commission's knotion is to prepare redevelopment plans, or the legislative body may delegate any other of Its redevelopment, to the community redevelopment commisslonj F °.. Joint Governanceof Redo velopmentAgencles. ; : .._ In addition to community development commissions, which are designed >to permit the :redevelopment agency and housing authority of a single community to be jointly }'govemed, othier . provisions of State law permit common governance of redevelopment agencies from separate cotr munities. The CRL,provides that,two ormore redevelopment- a,* may- ojointly exerelse- the.powerso granted by the CRL, The precise manner in which the declsiort,-,should-be`talcerh Js:not specified, however. It does not appear that either of the two agencies need be' subsumed within the =othor, or that a new, third agency would be created, but rather that the two would 860po, a in Wi ing jolnt meetings. Alternatively, the legislative bodies of the communities that created_Jhd- redevelopment agencies could each designate the agency of one of the communities to act as the agency? all of tltem.a In addition, by ordinance the legislative body of a community may authorize redevelops ient of an area within its territorial 1in71ts by another community ifsuch area is ontiguoris to,the othercomtnun#.9 As you can see, these-options in-the ORL do iiot load themsoluos_woll to the notion of,oint ovemance thpt I appears the particl sting aenctes seek to bestabijsh,, Rather, the CRL contemplates either of two scenarios, namely: (1) that the soVaral agencies hold jo €rit meetings to accomplish the joint redevelopment, or (2) that all of the agencies',delegate one of the agencies to act as the main and only redevelopment agency for all 6f them. Y r�} <• 1rllfi? C' 7 See sections 33201, 33202. I 8'Two or more agencies vAthln two or more communities may Jolnlly exercise the powers granted under this part. in such case tho the planning commissions, and the legislative bodies may hold joint hearings and meetings, or the legislative bodies of the communities acting separately may each designate the agency of one of the communities to act as the agency for all of the Interested communitles.' See, section 33210, emphasis added. s `fay ordinance the Iglsialive body of a community may authorize the redevelopment of an area wlthlrr Its territorlal Burris by another community if such area is contiguous to such other community..... Any redevelopment plan for such area shall be approved by ordinance enacted by the leggislative body of the community so authorizing' Soo, section 33213, emphasis added. CONFit7ERIAL THIS MATERiAL IS SUBJECT TO THE ATTORNEY•CLiENTAND /OR THE A•fTORNFY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE CONTENTS HEREOF, DO NOT FILE WITH PUBLICLY ACCESSIBLE= RECORDS. Vic_ L r, V,) R To: Nick Conway, Executive Director From: Cord6 Cardito & Ruben Duran, Special Counsol Ro: Joint Redevelopment -Arrow Highway Corddor Date: August 4, 2010 . +age: 4 of 7 DRAFT Given the number and the size of the Participating Agencies, the first option discussed above may be logistically too cumbersome to afford for meaningful redevelopment, Likewise, the second option presents challenges in that it would.require one of the Participating Agoncles to take responsibility for the redevelopment along the Corridor, d Instead, as the Compass Blueprint suggests, the Participating Agencies here have established a positive and productive relationship and shown a desire to continue that collaboration for redevelopment purposes. Accordingly, as discussed below, and as the Participating Agencies are already membbrs.of a :.successful- and--effective JPA- the San Gabriel !Valley �Councll -of -Governmenis!, --- M fcrniatlon'=bf:- a-JPA. for,the potential redevelopment of the Arrow highway Gorridorpresents a,viable oplion.' Establishment ofJoint Powers Agencies The Joint Exercise of Powers Act ( "the Act', Government Code,s6NO 6500 '4.5eq.)',provides that, two or more public agencies by agreement may jointly exeroise any power common -10 the conlractin The contract by which this is accomplished is refbrred to as-.:aJoint pawors agreement, or occasionally as a Joint exercise of powers agreement.` =' pepppoingg pon W %,.It is drafted, the JPA may simply specify the means by which the contracting puliiic; agencies =:agree to jointly exercise common powers, or it mayresuft in the formation of a newp iblZ agency ( °a joint powers agency'), which is separate and apart from the entktkes that entered into the Akand-caused It to be formed." the Joint Powers Agreement A Joint powers agreement generally defines fhe powers pnd limitations of the particular JPA formed by the agencies that are parties to the -agreement, `[2 A jolnt powers agreement must state the purpose of the agreement or the power to be,exerclsed:�il�.mist.pfovlde for the method by which the purpose will be accomplished or the manner In Which Elie pov6r Ylll"be exorclsed.13 The agreement-must-provide for strict accountability Of all funds an4(oporGof,a11 receipt stand disbursements,14 The patties may.provide.f46t (I).cbritribci ions from the treasuries may be made for the purpose set forth In the agreement; (2)"payments,of pilbli' 'funds may be made to defray the cost of that purpose; (3) advances Of public funds may be made for the purpose set forth In the agreement, the advances to be repaid as provided-,-in the agreemenk; or (A) personnel, equipment, or property of one or more of the parties to the agreement may be,used in lieu of other-contributions or advances. The funds may be paid to and disbursed so Government. Code § 6502, emphasis added. It Government Code § 65305.5. 12 Qy of South Cl Monte Y. Soutitew Cal, Joint Poviers ins Autlmeity (1995) 38 Cal. App, 41h 1629, as modified on dental of reh`g, (Nov, 6, 1995), i3 Gov. Code, § 6503. f4 Gov. Code, § 6505. CONFIp_NTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY - CLIENT ANDIOR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE CONTENTS HEREOF. DO NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. To, Nick Conway, Executive Director From: Cord s# Carrillo &Ruben Duran, Speclal Counsel Re: Joint Redevelopment - Arrow Highway Corridor Date; August 4, 2010 Page: 5 of T DRAFT by the agency or entity agreed on, which may include a nonprofit corporation designated by the agreement to administer or execute the agreement for the parties to the agreement.15 The agreement may be continuer) for a do(infta term or until rescinded or terminated. The agreement may provide for the method by which it may be rescinded or terminated by any party.16 The agreement must provide for the disposition, division, or distribution of any property acquired as the result of the joint exercise of powers.17 it also must provide that after the completlon.of its purpose, any surplus money on hand must be returned in proportion to the contributions made. Practically speaking, the use of ajoint:powers,agreement and formatlbg,of a 'Ji3A gtv-O the'Rarticipating Agencies flexibility1n4he design and Implementation iof the goverrtir..>g-stn Oture W.- titoJoint •redevelopment agency and the manner in which the work of the agency will be 94friett out. Tlib.detaiis of the arrangement are merely set forth in the body of the agreement, and need.:oniy conform to tie }legal limitations already placed on the individual Participating Agencies, { Some Examples :.;•. Legal counsel and the staff of the County CDC hgve'researched and examined two JPAs that alloy for joint redevelopment among multiple agencies in two tegi©ns,.of the`state. The first, the= Sacramento Houslag rand -Redevelopment.,Authority (SHRA), .fs:- o-,,JP among - six public entities: the County of �'i i Sacramento, its redevelopment agency' and its °:lieu "sing authority, and the City of Sacramento, its redevelopment agency and its housing "Authority. �H 1's primary, focus is on the development of affordable housing in the territory:eommo ;t to lhe,constiEuent agenc[es. The second JPA is the Mpreh'JPA, formed for.,the'ptirpose of the redevelopment and reuse of the former March Air Force Base in Riverside }County. 'The March JPA is comprised of four Jurlsdictions whose boundaries touched .WrO Air-Force�?Qase, including the County of Riverside and the cities of Moreno Valley, Perris, and RI4rs'Ide;'EachJurisdiaion selects two of its elected officials to serve on the March Joint Powers Comt:nl' Mon',:the goverding,�ody of the JPA. -'.:t$ Gov. Cade, § 6534: - An agency composed of a group of cities created pursuant to the Joint E=xercise of Powers Act, If so provided In the acgencys agreement, may obtain funds for a shod period of time to meet operational expenses, until expected rev ups are.aVallable (1) from advances of funds from the parties to the agreement under Elie authority of Gov. Code, § 6504, or (2) from private lending sources pursuant to the ternpor" borrovdag powers granted local agencies In Gov, Code, §§ 53654 et seq., 55 Ops.Cal.Atty.Gen.164 (1$72). rs Gov. Code, § 65% U Gov. Code, § 6511. CONFIDENTIAL THIS MATERIAL IS SUBJECT To THE ATTORNEY-CLIENT ANDIOR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE CONTENTS HEREOF, DO NOT FILE WITH PUBLICLY ACCESSIDLE RECORDS. To; Nick Conway, Executive Director From; Cords} Carrillo & Ruben Duran, Special Counsel Re; Joint Redevelopment- Arrow Highway Corridor Date. August A, 2010 Page: 6 of 7 DRAFT Both the SHRA and the March JPA are governed by governing-bodies appointed !by -their-respective =member agencies. JPA governing boards, however, may be set tip in any number of ways, as determined and set forth in the joint powers agreement approved by the agencies that are party to the agreement. Additionally, the scope of the authority granted to a JPA is set forth In the joint powers agreement itself, but must coincide with the common powers of each of the member agencies. In other words, the new JPA cannot possess any power not already Inherent in each of the member agencies, simiiar to the "least common denominator" theory In mathematics. For example, among the Participating Agencies, If any member did not possess.eininenf domain authority, the JPA would not be able to exercise the power of eminent domain, as that I36wer'.would not be;common to all of the member agencies. The March PA's joint powers agreement broadly : defines, the JPNs redevelopment authority as "creating a Redevelopment Agency havirid all 4--the rights; power`s, and duties related thereto and carrying out the necessary actions to forni'= -aria.Imptemenf,a i-siievelopment project area, "18 . Using this language, the March JPA ensures that it'possessas.as exterislye and comprehensive redevelopment powers as does the least of Its members.._." :k Additionally, the March JPA grants to Itself many other types:.ofauthdr' ty that the member agencies share In common, Including developing and implemahtl6g, general "program and organizational goals, obtaining funding and other resources, land use and planning :(including the .preparation of a General Plan and/or Specific Plan), and zoning authority.1O lnipor� Mly, the'March JPA has added some of Its powers through various amendments over the years, underscoring i5ii$ pdtont0ly very useful aspect of the use of a JPA; namely the ability of the member agencles'to?oxpand the scope of the JPA's authority as time progresses' and Circumstances change: Here, the Partfclpating Agencies "could 1lkewise,formulate a joint powers agreement to form an entity that would possess powers along,a broad, specinlm of powers common to their membership, from generic governmental organi24116rial_ aiid'goal implementation to specific land use, planning and zoning authority to redevelopment powers., -The`joI6(.;pow6rs agreement would need to be carefully crafted to achieve whatever objectives the,group agrees to, and the legal framework discussed above allows for that flexibility and practical approach. Finally, "a set of strategies _and options for various powers that might be reserved to a JPA among the Participating Agencies Jassilming, of course, the least common denominator formulation of scope of authorlt"dlscussed above) should be considered, Attached is a chart that considers the delegation of a variety of pbwers,,as well as the assoclated "pros and cons." The chart considers either (1) a full- fledged, is See Seclion 1, 'Purpose,' of the Eleventh Amended Joint Powers Agreement Between the Cities of Moreno Valley, Perris and Riverside and the County of Riverside for the Formation of A Joint Powers Authority to Formulate and implement Plans for the Use and Reuse of March Air Force Base, doled November 27, 2007. 1 s lbid CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE: ATTORNEY•CLIENT ANDIOR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE CONTENTS HEREOF. DO NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. ot,_'Ak� g e) n�4 p� ev'e"3 �,.p A . To: Nick Conway, Executive Director From: Cord6 Carrillo & Rubon Duran, Spatial Counsel Re: Joint Redevelopment - Arrow Highway Corridor Date., August 4, 2010 Page: 7 of 7 DRAFT comprehensive JPA with broad authority and powers delegated to it by the joint powers agreement or (2) a limited or partial delegation of powers in the joint powers agreement. Conclusion "The use of a JPA will give the Participating Agencies the - flexibility to struotute the governing -body and staff (functions of the joint redevelopment agency in the manner that -the group agrees -t ;'.Md1tionally, the joint powers agreement can set forth the specific powers of the JPA, ranging from rim €ted and;specific scenarios to broad mandates, so tong as those powers coincide with the common powers ;shared by each of the Participating Agencies. For example, the March JPA provides that one of its purposes.ls pr ply:to`dxorclse the powers and duties of a redevelopment agency. It is a broad grant -of redevelopmant:authority From each of the member ago' cles to the JPA. Attachment RD:ly 9488725.2 -�' . 1490104.1 CONFIDENTIAL THIS MATERIAL IS SUBJECTTOTHE ATTORNEY- CLIENT RNDIOR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE CONTENTS HEREOF, 00 NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS, Options for JPA and Powers Granted Options for JPA and powers Granted 4 A-e—{�-2,e t>1, ct LI Opt€otrs Arrt€ror €ty Ftil( MonelParllal planningli,ond JPA has aulliogty to make land use decisions, Including . JPA recomAnds land use actions, Implements specific Use/Project roning changes vrilhouE further sgp Is 4Y IegplMe plans but cannot approve any planning- related actions. ConlroMasign h 1 Guidelines 2. Pros: Control of projects "on the ground,: gulch dec(Mn- " Ail Pfob: Pro ;eels go llirougli the °normal' planning channels, making, less process lnvotvad in davalopAnls, wi113 full oversight and Board/Council processes. developers only deal Willi one entity,for.parcdls {hat span', jurlsdicllons. Cons: May not be as fast or as business• €riendiy when [y, Coils: Local government has less 8ilect control over tad attempting to make orea•wido changes. use decisions. Building & JPA Issues building p$rrj9i &, performs Ins ecilons and JPA acts as point of contact for building and safety Safety/Permilling & collects development fees, `;: - elements, County /City personnel petform work. Inspections - Pros: Morecontrolofi :process,qukkeridrnarcund. Pros: Countyl City personnel currantlyperfom3workfind Cores: Wifl havetto UnlrAt vrilli bulsida firm; may lead to know applicable regulations and codes. oporat(t3tfS €'issues for 1btA government, Cons. It may be difficult to coordinate who actually performs the work and If projects will get priority attention when needed. ° Options for JPA and powers Granted 4 A-e—{�-2,e t>1, ct LI Opi]ons for JPA and Powers Oronted 2 v Options for JPA and Pourers Granted 3 Optldrts Authority (F[I!! NonelPMfat Staffing JPA can contract for, borrow, or hire and fire slat€, Acls as Courtly and:City'st_ ff ate V 0 or are loaned to JPA. ' a private entity vAlh respect to non-agency personnel. :,! •= . '7 rosl Staff &4 iebdy to Work from the start and have a Pros: All options are available for staffing. ;knaNled of tlie•prO)ect area. (ions: Funding or personnel issues may arise if non- ";.. Coils: Couniy/City staff may be assigned to non -JPA agency personnel are used, Instead of staff paid,(orbylhe•" work. " - Count Xilles, Legal Services JPA can staff or hire legal counsel, or contrria vAlh Cbunly /Gilles provide legal services. County /Citles. 3 Pros: County /City fegat team Is familiar vAtir all aspects of Pros: Provides ile)dbilily for JPA afid ran "confrdht for government contracting and services may be cheaper specific regal services, as needed,: ; l< than the open market. Cans: May be expansive to dohlrahout for a1PServicas. Cons: Less flerdbllily and counsel servicos are not as specific as ma be needed. Borro,Angl9onding JPA can Incur debt, borrow and barrel. 'I, ,,:: JPA needs County /Oily authority for final indebtedness or Pros: JPA can frnence wifi aC�[as based on area needs authority to incur debt of certain types or above a certain dollar amounl. priorities. Cons., May not b'a ablatq,6"orrovi br bond at levels Pros: Local governments may have borrowing capacity, can monitor indebtedness and approve debt levels. needetd,faritevelopinont until P? 010ct Area Is more mature. Cons: May slow acllons as another layer of approval is needed for certain actions. CommunilyAdOwy ,The-JPA•establ1shw4AC rulos and the CA0-- reports to The CountylCitles establish the CAC and rules and takes Committee (CAC) .the JPA i0h.- reoonrfilendotlons, recommendatfons instead of the JPA. Pros: JPA has final decision on CAC, can insulate focal Pros: CAC can report directly to tile CountylCitles, goVbrilmentg when needed. Cons: BoardlCounciis are not shlelded from sensitive Cons: Local government does not have direct control. matters. Options for JPA and Pourers Granted 3 �- Opiiohs , AutiiorfEy • F1111 NbnolPattlal Noerd of J>'A W Hoard members are appolnled, but later Board may act to JPA tioardF[s coinprisetl of pppointoos and members are ed by:dounip'1'Glties. hoard answers to focal appoint members, JPA holds Its ON" elections and Hoard on1 _ appponn Zegis(dtf; ba!6s: enforces Board rules and bylaws. members are a lF. comprised of industry reps front various flefds (ex: financd; iaw, development, architecture), or appointees. Plos: Local officials are soniatvhat removed from the dalVon m4ft process and board members can make JPA a'ws final decisions, wilh no appeal process.;. Pros: m unpopular decis3oris- Cans: Resldents and huslnosses may feel tiiat flrhk- `— Cbas: Decisions may get bogged down In politics. decisions are being made by a group they Wd not elect to , make land use and other fm rtant dectsla'ris Real Property and fend AssemblylRetocatton JPA coordinates real estate acqulsiltor , Sp he ul rig, °' disposition (bfr. �f lr�ii,is'a sembled The JP/.\ may perform some property transactions, but the CountylCltles retain authority over some oral( aspects appralsats, and refoce across jurfsdmonsl houndarios, 6rla daveld phis ni ,: with final approvals. Fordevolopmont projects that span pathway 1s used. " :'f; `,' "'•: jurisdMians, oither the County ore City is designated es 3 • P(= developers have+ billy one V. . slilto fodder instead lead, or decisions must go to both county land City legislative bodies. of negotiating CougiylCity procosses1 lansi-((sans Pros: Local governments rotoln control over projects iri Jurisdictions, theirjudsdlctlons. Cons: Jurisdfc�tohs,fossome l'ocaf control ovorarea governeq by JPA-,, ' Cons: Can be 'business as usual' with competing , interosts In different jurisdictions; different processes in r, different JurisdMions can stoel Oita s dorm. �- A Options for JPA and Powors Granted 4 tJ Arrow Highway Corridor Joint Redevelopment L. A. County CDC 619110 aPkl4NtC0 COMMUNITY i�)� ELOPMENT COMMISSION Giorla Molina o oP►oskS�'4�r MarkRidleyThomas -,� of the County of Los Angeles Xevyarosiaysky { { 2 Coro] Circle • Monterey Pork, CA 91755 bon tQiabe Michael D. Antonovich tk f " 323.890,700] M: 323,838.7449 • wm.lacdc,org (� Cammissfonars x °Aitro H`ax Sean Rogan Fxaeuwa Dirme'r July 9, 2010 Nicholas T, Conway, Executive Director San Gabriel valley Council of Governments 5452 E. Foothill Blvd., Suite 910 Pasadena, CA 91107 -5142 Re: Arrow Highway Corridor Joint Redevelopment Dear Mr. Conway: We have read the Compass Blueprint recommendations report for the Arrow Highway Corridor, containing portions of the County of Los Angeles and the cities of Azusa, Baldwin Paris, Covina, Glendora and Irwindale. The report identifies many of the deficiencies and blighting influences currently facing this 8.5 -mile portion of Arrow Highway and provides a useful guide to the potential solutions that could benefit the businesses and residents in each of the six jurisdictions, 'l The report recommends refining the Arrow Highway Corridor into three districts industrial, _ .r�l_i, and residential -- based on the nature of nearby land uses, the volume of traffic and activity at M55jor� ers'ections and the volume of traffic on Arrow Highway Itself, Land use, circulation and design strategies are also presented as potential catalysts for the corridor's Improvement. To effectively redevelop the Arrow Highway Corridor Into an area that presents a cohesive design for each of its districts and to achieve the full economic growth potential, the corridor lends itself to a joint redevelopment effort between the various jurisdictions. Creating a joint Redevelopment Project Area that covers the entire 8.5 -mile area under study will allow for better coordination of land use policies, master planning activities and Implementation of a unified redevelopment vision across all jurisdictions. After reading the recommendations report, two of my Redevelopment Project Managers performed a "windshield survey" of the Arrow Highway Corridor, Using the report as a guide, my staff was better able to envision the report's recommendations and see first -hand the blighting influences described. It Is our opinion that evidence of bil ht existLa dJhesorri Qr could qualify as a Redevelo men e 2ti�� 4 Stranrithening Neighborhoods • Suppoding tocoi Fcortomies o Empowering Fomilles - Prornoting lndividuoiAchlevemont Nl llf �$T11RY Mr. Nicholas T. Conway July 9, 2010 Page 2 As stated in the report, California Health and Safety Code Section 36210 authorizes two or more agencies within different communities to conduct their redevelopment activities jointly, Given this authority, the cities and the County have the option of forming an overarching governance structure to administer the shared redevelopment project, or the redevelopment jurisdiction of any of the members can be delegated to one or more partners. Because multijurisdictional Redevelopment Project Areas are not the norm, we took the opportunity to study other jurisdictions In the state that have partnered for redevelopment purposes. This includes Alameda County and the City of San Leandro, the County of Los Angeles and the Community Redevelopment Agency of the City of Los Angeles and the cities of Moreno Valley, Perris and Riverside and the County of Riverside, of which the latter two each formed a Joint Powers Authority (JPA) to manage the redevelopment operations. We visited with the Executive Director, Assistant Director and legal counsel for the JPA formed by the cities of Moreno Valley, Perris and Riverside and the County of Riverside, named the March JPA, This JPA provides an entire administrative and legislative structure for the governance of the Authority's Redevelopment Project Area. The JPA has become the single entity through which all land entitlements and permits are processed and there Is complete independence ram t e parr c pa tingcoutify- and cities in-Knw ti-e- PA aperates. Wille It remains to be seen whether t e Arrow Righway Corridor effort requwes such abroad scope of delegated authority, we suggest that the most useful governance structure In this instance may be one modeled on the March JPA, Without a JPA, the Arrow Highway Corridor would be subject to the oversight and governance of six jurisdictions. Competing or conflicting legislative mandates or constraints In areas, such as financing, land use, permitting and building and safety may make such an undertaking Inefficient, If not unworkable, without a J`P7� governance s ru ure. The cities of Azusa and Covina administer redevelopment projects that include portions of the Arrow Highway Corridor, so formation of a joint redevelopment project and JPA will require different steps for these two jurisdictions, The County of Los Angeles and the cities of Baldwin Park, Glendora and Irwindale would form Redevelopment Project Areas along the Arrow Highway Corridor with the stated goal of merging with the other jurisdictions. The JPA would then be vested with their redevelopment authority. Because the cities of Azusa and Covina already maintain Project Areas, these jurisdictions would at a minimum require Redevelopment Plan amendments to merge with the new Redevelopment Project Areas of the other jurisdictions. Where are a number of questions that each jurisdiction must answer in terms of implementing a broad JPA structure for redevelopment of the Arrow Highway Corridor. The major areas Mr. Nicholas T. Conway July 9, 2010 Page 3 Include what, if any, limitations should be placed on the scope of authority for a JPA that has a goal of effective management of the day -to -day redevelopment activities, the means of financing the project and the equitable distribution of the resultant tax Increment from the project. To be most effective, we believe the JPA should be vested with delegated legislative authority from each jurisdiction under the governance of appointed members of a board. It should be noted that the JPA can only be vested with the authority contained within each jurisdiction's redevelopment project. For example, if one jurisdiction does not have eminent domain authority, the JPA cannot be vested with that authority, In addition to basic redevelopment authority, the JPA, representing the various jurisdictions for redevelopment of the Arrow Highway Corridor, may also desire to make land use and other decisions only held by the County and "cities, of the actions that must be eTegate t o Eminent domain authority, land acquisition and disposition o All areas of planning, Including land use, project control, design and permitting o Building and safety, Including Inspection and permitting e Environmental approvals C Contracting, including all of the specific mandates from the contracting parties e Funding, Including budgetary approval, revenue sources, tax Increment financing, bonding, etc. o Redevelopment plan amendments o Holding public hearings when required by law We believe that at a minimum, the JPA will need delegation of certain authority such as eminent domain and all redevelopment powers of the six jurisdictions, The JPA agreement must be drafted to include an essential core of responslbllKies and authority to make for effective administration of the Joint redevelopment project. We are currently working with Ruben Duran, of Meyers Nave, who Is researching the options for a governance structure Involving the most efficient and effective process by which the cities Azusa and Covina can merge existing redevelopment projects Into the new Arrow Highway Corridor and the mechanism and methods needed to form a joint Redevelopment Project Area between the six jurisdictions. Moving forward, we would like to meet with you to review next steps. One Idea to consider is for the San Gabriel Valley Council of Governments to assemble a working group from the County and cities. Representatives from each of the six jurisdictions should meet to discuss the Mr, Nicholas T. Conway July 9, 2 010 Page 4 potential redevelopment efforts and advantages related to the Arrow Highway corridor before bringing recommendations back to their respective decision - makers, Each jurisdiction needs to support a Joint redevelopment effort before we can move forward with an Initial blight study and redevelopment planning action items and goals. We are excited at the prospect of collaborating with our potential partners to bring quality redevelopment projects to the Arrow Highway Corridor. Please contact me at your earilest convenience so we can set a time to meet and discuss our next steps. I can be reached via emall, or by phone at (823) 890 -7205, Sincerely, CMD5 '8 AftiiILLO, Director Economic /Redevelopment Division CG'MUOA- arrowh►vy1 -9 -10 Attachment 4 Comparison of Various Joint Powers Authorities Comparison of Various Joint Powers Authorities /Merged Project Areas Grand Ave March AFB City of San City of Chula County of Key Terms JPA JPA Diego /CCDC Vista ICVRC Alameda /City of San Leandro Type of Joint Power Authority Joint Power Authority Articles of Articles of An amendment to an Agreement Incorporation, Incorporation, Memorandum of Bylaws and Bylaws and Understanding Operating Operating delegating Agreement Agreement redevelopment jurisdiction of County area projects to Agency Legal Authority Gov't Code sections Gov't Code sections General Corporate Health and Safety 6500 et seq. 6540 of seq. Nonprofit covenant to Code section 33293 Corporation abide by Law Community Redevelopment Law "CRL" Delegated Exercise all powers Exercise all powers All executive All executive Agency shall perform Authority possessed by possessed by direction of direction of all actions necessary contracting parties; contracting parties; all Agency Agency to Implement the all powers provided powers provided In projects, subject projects, subject project and meet all In Gov't code section Gov't code section to direction of to direction of requirements of CRL. 6500; 6500; Agency. May Agency. May exercise all exercise all powers of powers of Agenc Agency Retained flights Contracting parties Contracting parties Right to elect W Right to elect County retains full are principals In are principals In board of board of authority for agency relationship; agency relationship; directors directors Implementing land Authority is agent Authority Is agent use controls and standards for all development in County area, and for approving all development projects and activities In the county area, and for performing all County regulatory functions and services In the County are to the same extent as if the Redevelopment Plan had not been adopted and the County had not granted redevelopment jurisdiction to the Agency pursuant to the Jurisdiction ordinance. Grand Ave March AFD City of San City of Chula County of Key Terms JPA JPA DlegofCCDC Vista 1CVRC Alameda/City of San Leandro Parties Involved ORA and County of Cities of Moreno City of San Chula Vista City of San Leandro Los Angeles Valley, Perris, Diego and and Alameda County Riverside and County CCDC of Riverside Board (a). five (5) member (a): eight (8) member Seven member Not less than Seven (7) directors Composition board of directors; board of directors board elected five (5), no and Powers two elective officials comprised of two (2) by sole member more than (7) from each of the elective officials from City of San directors, parties and one each of the parties to Diego elected by sole appointed by the agreement. member. governor (County Select and Sup., County Chief One vote per remove officers, Select and Admin. Officer, City member. agents and remove officers, Councllperson, City employees agents and Chief Executive employees Officer and sorrow money, Governor's sign contracts sorrow money, appointee) and manage sign contracts affairs of and manage One vote per corporation affairs of member. corporation Appoint an Normal duties Executive Appoint an Including adoption of Committee and Executive bylaws, rules, to delegate Committee and policies and powers or to delegate practices, etc, authority of powers or board to authority of Committee board to Committee Staffing and Staff selected from Such staff as "Employ "Employ Agency to utilize its Services among ORA and necessary subject to necessary necessary own staff, with one, County the availability of personnel" and personnel" and half -time County staff funds; additional staff "Retain, when "Retain, when person. from contracting necessary, necessary, parties if approved by appropriate staff appropriate staff board services." services." Roles and (a) Chair -- power to (a) Chair Elected Elected Agency shalt work In Responsibilities sign all contracts and (b) Vice chair (a) Chair (a) Chair good faith with the land leases (c) Treasurer- duffles and CEO -- and CEO -- County to Implement (b) Secretary outlined In Gov't § general general Agency programs In (c) Treasurer - duties 6605.5 directorshlp of directorship of the County area in a outlined in Gov't § (d) Controller - duffles corporation corporation manner acceptable to 6505.5 outlined In Gov't § (b) Vice Chair- (b) Vice Chair- County. (d) Controller - duties 6505.5 serving as Chair serving as Chair outlined In Gov't § In absence of In absence of 6x45,5 same same (c) Secretary (c) Secretary (d) Treasurer (d) Treasurer Grand Ave March AFB City of San City of Chula County of Key Terms JPA JPA DlegotCCDC Vista /CVRC Alameda /City of San Leandro 6ppointed Appointed (a) President (a) President and COO- and COO - control of control of business business subject to subject to direction of direction of board and Chair board and Chair (b) Vice (b) Vice President president Expenditure Tax Increment None discussed Operating Operating 50% of Low and Allocation (i.e., generated not agreements agreements Moderate Housing tax increment, considered requires requires fund to County area bonds, & debt revenue of the corporation to corporation to projects and 50% of service) Authority submit submit Low and Moderate proposed proposed Housing fund to City budget to b budget to be area projects. approved by approved by Agency Agency Debt service on bonded indebtedness to be paid from City's portion of Commercial /Public improvement Funds, with election to allocate County portion of same funds for debt service as well. Land Use and Authority to be lead None acknowledged General General to abide by Environmental agency for CEQA corporation corporation CRL, generally Control purposes and CRA, covenant to covenant to County and City abide by CRL abide by CRL "responsible agenclee' far CEQA purposes Term of JPA or Commencing upon Commencing upon Effective on day Effective on day Effective date of the Agreement approval by approval by parties of execution of execution City Council contracting parties, and continuing until and in effect and In effect ordinance adopting terminable by written terminated by parties; until terminated until terminated the Redevelopment notice sixty (50) days by either by either Plan and shall advance written corporation or corporation or terminate upon the notice required to agency. agency. expiration or other terminate, termination of the ,•_�__ Plan. Community All rights and _ Ail rights and Not applicable. Not applicable. ..Redevelopment Community Advisory Participation privileges accorded privileges accorded to Committee shall be to public under public under Brown established to advise Brown Act, Gov't § Act, Gov't § 5:4955, at the Agency and the 54956, et seq, seq. County on the funding and Implementation of Community Review projects and activities in the County area. Grand Ave March AFS City of San City of Chula County of Key Terms JPA JPA DiegolCCDO Vista /CVRC AlamedalCity of San Leandro Special None Health and Safety None None None Legislation for Code sections Delegating 33492.84 et seq. Authority r Multi - Jurisdictional Planning in Corridor Compass Blueprint Study i 4 s s> v S i R C C a n 3 g� R� U � C7 Q N ZI 3 W 3 4 C�] pnp L1 � C til _ N N -F v S, U 1 g t �gw - --��yy N N U d C R w 0< '. C.s � >— [� U o- [� m -P U m a � n A z s-- H � ' 1-- +L-• m u "� 'e� �' - --. � Q- I i � ' '1 € 1 - -1€ ` f� € f�` ? 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BALDWIN CITY OF BALDWIN PARK STAFF REPORT P , A - R - K TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Manager Gene Logan, Building Official, -<- 'i DATE: November 3, 2010 SUBJECT: ORDINANCE ADOPTING 2010 CALIFORNIA BUILIDNG CODE (CBC), 2010 CALIFORNIA GREEN BUILING CODE, 2010 CALIFORNIA PLUMBING CODE, 2010 CALIFORNIA MECHANICAL CODE, 2010 CALIFORNIA ELECTRICAL CODE, 2010 CALIFORNIA ENERGY CODE, 2010 CALIFORNIA FIRE CODE, AND 2009 INTERNATIONAL BUILDING CODE (IBC) PURPOSE This report requests that the City Council adopt the 2010 California Building Code, with local amendment, 2010 California Green Building Code, 2010 California Plumbing Code, 2010 California Mechanical Code, 2010 California Electrical Code, 2010 California Energy Code, 2010 California Fire Code, and 2009 International Building Code (IBC). BACKGROUND The California Building Code (CBC) 2010 California Plumbing Code, 2010 California Mechanical Code, 2010 California Electrical Code, 2010 California Energy Code, 2010 California Fire Code, and 2009 International Building; are approved and adopted in their entirety every three years by order of the California Legislature. Local jurisdictions are required to enforce the CBC. At this time, the City's current building code is based on 2006 International Building Code (IBC). The new CBC is based on 2009 International Building Code and it will be effective in January 2011. DISCUSSION The 2010 CBC, which is the state amended 2009 IBC, provides the latest building standards used Statewide. Each California City is required to adopt the 2010 CBC to become effective on January 1, 2011. The 2010 CBC adoption includes local amendments particular to the City of Baldwin Park which will also have an effective date to coincide with CBC 2010. Building Code Amendment November 3, 2010 Page 2 The general intent of the new building code is to implement the knowledge and techniques learned from recent experiences and the use modern technology in order to provide higher standards in building safer buildings. Items in the proposed 2010 Building Code adoption are classified in two categories as follows: • California Green Building Code: 2008 California Green Building Code first became effective in August of 2009 on voluntary basis until it will become mandatory in January 2011. Since August of 2009, State and local agencies including City of Baldwin Park staff has provided public outreach to educate and inform the builders and the property owners of its requirements. Beginning 2011 all building permit applications must comply with the mandatory requirements of California Green Building Code. The mandatory requirements of Green Building Code is in response to AB 32 to reduce Greenhouse gases to level of 1990 and to improve public health, safety and general welfare by enhancing the design and construction of building through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices in the following categories. 1- Planning and design: the provision of this division outlines planning, design and development methods that include environmentally responsible site selection, building design, building sitting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties. 2- Energy efficiency: at least a 15 percent reduction in energy when compared to the State's mandatory energy efficiency standards. For example; using more building insulations, better quality windows, use of skylights, higher efficiency heating and air- conditioning, etc. 3- Water efficiency and conservation: at least a 20 percent reduction in water usage based on the plumbing fixture and fixture fittings that will reduce the overall use of potable water within the building when compared to maximum allowable water use per plumbing fixture as required by the California Building Standard Code. 4- Material conservation and resource efficiency: at least 50 percent recycle and/or reuse of nonhazardous construction and demolition debris. 5- Environmental quality: outlines means to reduce the quantity of air contaminants that are odorous, irritating and/or harmful to the comfort and well -being of a building's installers, occupants and neighbors. City of Baldwin Park local amendment: As set forth in the attached proposed ordinance and due to local climatic, geological or topographic conditions, several amendments are being proposed to the uniform Building Code Amendment November 3, 2010 Page 3 codes. Those amendments are currently in effect and they are carried over to the new code: 1- Limits the time allowed to extend an expired permit. No permit shall be extended when permit is expired more than one year. A new permit will be required to complete the remainder of the project. 2- Permit fees less than $100 are non - refundable. 3- Plan check fee less than $200.00 are non - refundable. LEGAL REVIEW The City Attorney has reviewed the attached ordinance. FISCAL IMPACT There is no impact to the General Fund.. RECOMMENDATION Staff recommends City Council waive further reading, read by title only and introduce for first reading, Ordinance No. 1338 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING PARTS 1 THROUGH 19 OF CHAPTER 150 OF THE BALDWIN PARK MUNICIPAL CODE IN THERE ENTIRETY TO ADOPT BY REFERENCE, AS AMENDED HEREIN,: INTERNATIONAL BUILDING CODE, 2009 EDITION AND 24 CALIFORNIA CODE OF REGULATIONS ( "CCR ") PART 2 AS THE BUILDING CODE; 24 CCR PART 2.5 AS THE RESIDENTIAL CODE; NATIONAL ELECTRICAL CODE, 2008 EDITION AND 24 CCR PART 3 AS THE ELECTRICAL CODE; THE UNIFORM MECHANICAL CODE, 2009 EDITION, APPENDICES CHAPTER 1, SECTIONS 112.2 --- 112.2.5, A AND D AND 24 CCR PART 4 AS THE MECHANICAL CODE; THE UNIFORM PLUMBING CODE, 2009 EDITION APPENDICES CHAPTER 1, SECTIONS 103.1.2 -- 103.1.2.2, A, D, I AND K AND 24 CCR PART 5 AS THE PLUMBING CODE; "BUILDING ENERGY EFFICIENCY STANDARDS - STANDARDS FOR RESIDENTIAL AND NONRESIDENTIAL BUILDINGS" WHICH INCORPORATES 24 CCR PART 6 AS THE ENERGY CODE; 24 CCR PART 7 AS THE ELEVATOR SAFETY CONSTRUCTION CODE; 24 CCR PART 7 AS THE HISTORIC BUILDING CODE, THE INTERNATIONAL EXISTING BUILDING CODE, 2009 EDITION, INCLUDING THE APPENDICES THERETO, AND 24 CCR PART 10 AS THE EXISTING BUILDING CODE; 24 CCR PART 11 AS THE GREEN BUILDING STANDARDS CODE; AND 24 CCR PART 12 AS THE REFERENCED STANDARDS CODE." ATTACHMENT • Ordinance No. 1338 ORDINANCE NO, 1338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING PARTS 1 THROUGH 19 OF CHAPTER 150 OF THE BALDWIN PARK MUNICIPAL CODE IN THERE ENTIRETY TO ADOPT BY REFERENCE, AS AMENDED HEREIN,: INTERNATIONAL BUILDING CODE, 2009 EDITION AND 24 CALIFORNIA CODE OF REGULATIONS ( "CCR ") PART 2 AS THE BUILDING CODE; 24 CCR PART 2.5 AS THE RESIDENTIAL CODE; NATIONAL ELECTRICAL CODE, 2008 EDITION AND 24 CCR PART 3 AS THE ELECTRICAL CODE; THE UNIFORM MECHANICAL CODE, 2009 EDITION, APPENDICES CHAPTER 1, SECTIONS 112.2 --- 112.2.5, A AND D AND 24 CCR PART 4 AS THE MECHANICAL CODE; THE UNIFORM PLUMBING CODE, 2009 EDITION APPENDICES CHAPTER 1, SECTIONS 103.1.2 — 103.1.2.2, A, D, I AND K AND 24 CCR PART 5 AS THE PLUMBING CODE; "BUILDING ENERGY EFFICIENCY STANDARDS - STANDARDS FOR RESIDENTIAL AND NONRESIDENTIAL BUILDINGS" WHICH INCORPORATES 24 CCR PART 6 AS THE ENERGY CODE; 24 CCR PART 7 AS THE ELEVATOR SAFETY CONSTRUCTION CODE; 24 CCR PART 7 AS THE HISTORIC BUILDING CODE, THE INTERNATIONAL EXISTING BUILDING CODE, 2009 EDITION, INCLUDING THE APPENDICES THERETO, AND 24 CCR PART 10 AS THE EXISTING BUILDING CODE; 24 CCR PART 11 AS THE GREEN BUILDING STANDARDS CODE; AND 24 CCR PART 12 AS THE REFERENCED STANDARDS CODE WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Baldwin Park; and, WHEREAS, the adoption of the International and State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines; and WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Ordinance No. 1338 Page 2 of 4 SECTION 1. The City Council hereby amends in their entirety Parts 1 through 19 of Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in Exhibit A hereto, which is incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines all the amendments, deletions, and additions to the forgoing California Building Standards Code and other codes are necessary due to the following: Climatic - The City of Baldwin Park experiences periods of high temperatures accompanied by low humidity and high winds each year. The City also experiences periods of intense rainfall, which creates the need for special drainage precautions. Local Geological Conditions -- The City of Baldwin Park is located in the greater Los Angeles /Long Beach region which is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. Due to the large numbers of tall buildings in this region as well as the increased fire -life safety associated with such a seismic failure, the proposed modification to have a higher minimum base shear consistent with previous edition of the building codes need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. In addition, the City of Baldwin Park is within Seismic Design Category D and E. A severe seismic event could cause wide - spread damage, disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of rescue and fire fighting resources resulting in failure to meet the fire and life safety needs of the community. Therefore, other changes are required (i) to assure the public health and safety in connection with suspended ceilings and return walls and fins /canopies at entrances; (ii) for structural observation of the construction of certain types of buildings by the registered design professional in responsible charge for the structural design since poor quality in construction, especially for wood frame buildings, exacerbates earthquake damage and requiring that the registered design professional in responsible charge for the structural design observe the actual construction will ensure acceptable standards of workmanship and quality of construction; (iii) to limit the design of buildings based on rotation thereby restricting potential soft -story designs and excessive deflections; (iv) to establish certain performance requirements for hold -down connectors, essential to preventing failure of a shear wall due to excessive deflection; (v) to require mechanically driven nails to have the same dimension as hand driven nail resulting in improvement in the quality of construction and performance of shear wall panels; (vi) to delete Gypsum wallboard and exterior Portland cement plaster which have performed poorly during recent California seismic events (the shear values for gypsum wallboard and Portland cement stucco and staple fasteners contained in the code are based on mono - directional testing only); (vii) restrictions on conventional framing which does not address the need for a continuous load path, critical shear transfer mechanisms, connection ties, Ordinance No. 1338 Page 3 of 4 irregular and flexible portions of complex shaped structures; and (viii to reduce and eliminate electrical fire hazard at the time of any disaster, natural or manmade. Local Geological, Climatic, Topographic Conditions — The City of Baldwin Park is also located adjacent to mountainous areas subject to high winds and fires. These amendments are required to address and clarify special needs to reduce fire hazard at the time of any disaster, natural or manmade, and the reduce hazards resulting from landslides and excessive erosion. SECTION 3. The City of Baldwin Park further finds that such amendments, deletions, and additions are necessary to best serve the public health and welfare. The City Council further determines that the administrative provisions set forth in the State Building Codes are not mandated by law, and that appropriate administrative provisions should be tailored to the needs of the City. SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty -first (31 st) day after its passage. SECTION 5. The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify to the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk's Office. PASSED AND APPROVED on the 13t day of December 2010 "Original Signed" MANUELLOZANO MAYOR Ordinance No. 1338 Page 4 of 4 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 Ordinance No. 1338 was introduced at a regular meeting of the City Council held on November 3, 2010, and was adopted by the City Council at its regular meeting held on December 1, 2010, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS Laura M. Nieto, CIVIC DEPUTY CITY CLERK Marlen Garcia, Monica Garcia, Mayor Pro Tem Ricardo Pacheco, Suzan Rubio, and Mayor Manuel Lozano NONE NONE NONE Exhibit A to Ordinance No. 1338 Page 1 of 55 EXHIBIT A CHAPTER 150. BUILDING CODES Part 9. Administrative Provisions § 150.001 TITLE. This chapter shall be known as the Baldwin Park Building Code, may be cited as such and hereinafter referred to herein as "this Code." § 150.002 PURPOSE. The purpose of this Code is to establish minimum standards to safeguard the public health, safety and general welfare by regulating and controlling the design, construction, quality of materials, use and occupancy and location of all buildings and structures within the city and certain equipment specifically regulated herein. 150.003 SCOPE. The provisions of this Code shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the City. § 150.004 AUTHORITY. This Code is adopted pursuant to the authority granted by Section 7 of Article XI of the California State Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 thru 50022.10, inclusive, of the Government Code relating to adoption of codes by reference. 150.005 APPLICABILITY AND COMPLIANCE WITH CODE PROVISIONS REQUIRED. The provision of this Code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of buildings and structures located within the incorporated areas of the City of Baldwin Park. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the City, or cause or permit or suffer the same to be done, in Exhibit A to Ordinance No. 1338 Page 2 of 55 violation of this Chapter or in violation of any of the provisions of the Codes adopted hereunder. Exception: Public Projects located in the public way and not subject to the City of Baldwin Park land use regulations; public utility towers and poles; mechanical equipment not specifically regulated by this Code; floor control structures; buildings and structures owned and constructed by a Federal, State or other agency which authority pre -empts that of City government. 150.006 ADMINISTRATI.ON. The provisions of this Chapter contain cross- references to the provisions of the 2010 CBC- Amended Administrative, promulgated by the International Code Council in order to facilitate reference and comparison to those provisions. 150.007 CREATION OF DIVISION OF BUILDING & SAFETY. There is hereby contained with the City of Baldwin Park government structure the Division of Building & Safety which shall be under the administrative jurisdiction of the Building Official as designated by the appointing authority. 150.008 DEPUTIES. In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint deputies and other related technical officers and inspectors and other employees as may be authorized by the City Council from time to time. § 150.009 POWERS AND DUTIES OF THE BUILDING OFFICIAL. A. GENERAL. The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and the Technical Codes, excepting that the provisions of Chapter 9 of Building Code shall be enforced jointly with the Fire Marshal of the Los Angeles County Fire Protection District. For such purposes, the Building Official and the Fire Marshal, respectively, and their respective authorized representatives, shall each have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules supplemental to this Code as may be deemed necessary in order to clarify the applications and the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Code. B. INTERPRETATIONS AND POLICIES. The Building Official shall have the power and authority to render interpretations of this Chapter and the Technical Codes and to adopt and enforce rules, policies, procedures and supplemental regulations in order to clarify the application of its provisions. Such interpretations, policies, Exhibit A to Ordinance No. 1338 Page 3 of 55 procedures, rules and regulations shall be in conformance with the intent and purpose of this Chapter. C. RIGHT OF ENTRY. The Building Official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this Chapter: a. when necessary to make an inspection to enforce any of the provisions of this Chapter and the technical codes, or b. when the Building Official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this Chapter which makes the building or premises unsafe, dangerous or hazardous. 2. The Building Official shall adhere to the following procedures in making an entry: a. if such building or premises be occupied, the Building Official shall present credentials to the occupant and request entry. b. If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. G. Should entry be refused, the Building Official shall have recourse to the remedies provided by law to secure entry. Notwithstanding the foregoing, if the Building Official has reasonable cause to believe that there exists an unsafe, substandard or dangerous condition within the building or premises as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection. D. STOP WORK ORDERS. When work is being done contrary to the provisions of this Chapter, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this Chapter, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the Building Official to proceed with the work. E. OCCUPANCY VIOLATIONS. When a building or structure or building service equipment therein regulated by this Chapter and the technical codes is being used contrary to the provisions of such codes, the Building Official may order such use Exhibit A to Ordinance No. 1338 Page 4 of 55 discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes. F. AUTHORITY TO DISCONNECT UTILITIES. The Building Official or the Building Official's authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this Chapter or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. G. AUTHORITY TO CONDEMN BUILDING SERVICE EQUIPMENT. 1. When the Building Official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the Building Official shall order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. 2. The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice. 3. When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within twenty four (24) hours to the serving utility, the owner and occupant of such building, structure or premises. 4. When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this Chapter, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation. H. CONNECTION AFTER ORDER TO DISCONNECT. No person shall make or suffer the connection from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment. 1. CUSTODIAN OF RECORDS. The Building Official shall be the custodian of records for the Division of Building and Safety and as such, is charged with the Exhibit A to Ordinance No. 1338 Page 5 of 55 responsibility to keep and maintain a permanent record of all building permits issued by the Division as well as plans and other pertinent documents and transactions. Such records and documents may be maintained in electronic image, electronic file, paper, or other approved archival method. J. LIABILITY. It is the intent of this Code to establish minimum standards for the protection of the health, safety and welfare of the public. This Code shall not be construed to establish standards of performance, strength or durability other than those specified. This Code, nor any of the services rendered in connection with its terms by City officers, inspectors, agents or employees is intended, nor shall be construed as the basis, for any expressed or implied warranties or guarantees to any person relative to, or concerning any structure or part, portion of appurtenances thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced or removed pursuant to this Code or any permits granted hereunder. No cause of action shall arise in favor of any person against the City of Baldwin Park, or any of its officers, inspectors, agents, or employees because any structure or portion thereof, erected, altered, enlarged, repaired, moved, replaced, or removed or any appurtenance, system, wiring, plumbing, mechanical equipment, devices, or appliances installed, maintained, repaired or replaced hereunder do not meet the standards prescribed herein. The Building Official, deputies, inspectors, technical officers and employees, charged with the enforcement of this Code and the technical codes, acting in good faith and without malice in the discharge of their duties shall thereby, not be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, deputy, technical officer, inspector or employee because of such an act or omission performed by the Building Official, deputy, technical officer, inspector or employee in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by the jurisdiction. K. CONFLICTING PROVISIONS. When conflicting provisions or requirements occur between this Chapter, the technical codes and other codes or laws, the most restrictive shall govern. 2. When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. Where sanitation, life safety, or fire safety are not involved, the most restrictive provisions shall govern. 3. Where in a specific case different sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict Exhibit A to Ordinance No. 1338 Page 6 of 55 between a general requirement and a specific requirement, the specific requirement shall be applicable. L. ALTERNATE MATERIALS DESIGN AND METHODS OF CONSTRUCTION. I . The provisions of the technical codes are not intended to prevent the use of any material, method of design or method of construction not specifically prescribed by the technical codes, provided an alternate has been approved and its use authorized by the Building Official. 2. The Building Official may approve an alternate, provided the Building Official finds that the proposed design is satisfactory and complies with the provisions of the technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. 3. The Building Official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use. 4. The details of an action granting approval of an alternate shall be recorded and entered in the records. 5. The Building Official may require the applicant to arrange for the proposed alternate materials, methods of design and methods of construction be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense. M. MODIFICATIONS. Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the Building Official may grant modifications for individual cases. 2. The Building Official shall first find that: a. A special individual reason makes the strict letter of the technical code impractical; b. The modification is in conformity with the intent and purpose of the technical code, and C. Such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity. 3. The details of actions granting modifications shall be recorded and entered in the records. N. Exhibit A to Ordinance No. 1338 Page 7 of 55 4. The Building Official may require the applicant to arrange for the proposed modification to be reviewed by an outside agency designated by the Building Official at the applicant's expense. TESTS AND RESEARCH REPORTS. 1. Whenever there is insufficient evidence for determining compliance with the provisions of the technical codes or evidence that materials or construction do not conform to the requirements of the technical codes, the Building Official may require tests as evidence of compliance to be made at the applicant's expense. 2. Test methods shall be as specified by the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall determine test procedures. 3. Tests shall be made by an approved agency. 4. Reports of such tests shall be entered in the records. 5. The Building Official may procedures, methodology, evaluated by an outside a the applicant's expense. 150.010 APPLICABILITY, require the applicant to arrange for the test results, reports, etc. to be reviewed and gency designated by the Building Official at The provisions of this Code shall not be construed to conflict with the provisions of the State Housing Law, nor any other provisions of State or Federal laws. Any requirements of this Code or the codes adopted hereby, which are more restrictive shall apply. 4 150.011 BOARD OF APPEALS. A. BOARD ESTABLISHED. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training and who are not employees of the jurisdiction, to pass upon matters pertaining to the application or installation of building, electrical, plumbing and mechanical systems, components and equipment. The Building Official or his designee shall be an ex officio member and shall act as Secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board of Exhibit A to Ordinance No. 1338 Page 8 of 55 Appeals shall have no authority relative to interpretations of the administrative provisions of this Code. The Board shall have no authority to waive requirements of this Code. B. APPEAL.. I . An applicant for or holder of a permit whose proposed solution for meeting the requirements of Title 24 of the California Code of Regulations is not approved or authorized by the Building Official may file an appeal with the Board of Appeals. 2. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or and equally good or better form of construction is proposed. 150.012 PARTIAL INVALIDITY. If any section, subsection, sentence, clause or phrase of this Code or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this Code or the application of such provision to other persons or circumstances. Part 2. Definitions § 150.020 DEFINITIONS. The definitions set forth in this Section shall govern the application and interpretation of this Chapter. Alter or Alteration "Alter" or "Alteration" means a change or modification in construction or building service equipment. Administrative Authority "Administrative Authority" is the Building Official or a regularly authorized deputy. Approved "Approved," as to materials, types of construction, equipment and systems, refers to approval by the Building Official as the result of investigation and tests conducted by the Building Official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. Approved Agency Exhibit A to Ordinance No. 1338 Page 9 of 55 "Approved Agency" means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official. Building Code "Building Code" means the Baldwin Park Building Code. Building Service Equipment "Building service equipment" refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire - fighting and transportation facilities essential to the occupancy of the building or structure for its designated use. CBC "CBC" means the California Building Code as adopted by the State of California. Code, Or this Code "Code and this Code" is Chapter 150 of the Baldwin Park Municipal Code, unless otherwise noted. Condominiums "Condominiums" shall mean any building or portion thereof that contains three or more dwelling units that does not meet the definition of townhouse as set forth below; for purposes of this Code, condominiums shall be classified as R -2 occupancy. Electrical Code "Electrical Code" means the Baldwin Park Electrical Code.. Existing Building "Existing Building" means a building legally erected prior to effective date of this chapter. Fire Code "Fire Code" is the International Fire Code (IFC), 2009 edition, promulgated by the International Code Council, including the Appendix thereto, together with those omissions, amendments, exceptions and additions there to as amended in the California Code of regulations, and Title 24 of the California Code of Regulations. Jurisdiction "Jurisdiction" is the City of Baldwin Park. Listed and Listing "Listed" and "Listing" are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current Exhibit A to Ordinance No. 1338 Page 10 of 55 productions and which listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards. Mechanical Code "Mechanical Code" is Baldwin Park Mechanical Code. Occupancy "Occupancy" is the purpose for which a building, or part thereof, is used or intended to be used. Permit "Permit" is an official document or certificate issued by the Building Official authorizing performance of a specified building, plumbing, mechanical, or electrical activity or any combination of such permits issued jointly by the Building Official. Plumbing Code "Plumbing Code" is the Baldwin Park Plumbing Code.. Repair "Repair" is the reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance. Shall "Shall" as used in this Code is mandatory. Structure "Structure" is that which is build or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Technical Codes "Technical Codes" refer to those codes adopted by this Chapter containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment. Townhouse "Townhouse" shall mean a single family dwelling in a row of at least three (3) such units, not more that three stories above grade, in which each unit shall be located on a separate parcel, having its own access to the outside, no unit located over another unit, and each unit shall be separated by a property line from any other unit. For the purpose of this chapter, all town houses shall be classified as R -3 occupancy. Part 3. Organization and Enforcement Exhibit A to Ordinance No. 1338 Page 11 of 55 § 150.030 ABATEMENT ORDERS, When any structure or site is being used or constructed in violation of this Code, or any of the Codes adopted by reference herein, the Building Official may order such use or construction discontinued and the structure or portions thereof vacated by a written notice served on any person or persons causing such use. Such person or persons shall discontinue such use within the specified time as indicated on the notice. After receipt of such notice, such person or persons shall abate the violations or cause the building or structure to be demolished or removed. § 150.031 ABATEMENT PROCEDURES. The Building Official shall inspect or cause to be inspected a building, structure where reasonable suspicion exists that said building or structure may be substandard, unsafe or used in violation of this Code, State Health and Safety Code, State Housing Regulations, or any of the codes adopted by reference herein. If after inspecting the building or structure, the Building Official determines that said building or structure is unsafe, substandard or being used in violation of this Code, State Health and Safety Code, State Housing Law, or any of the codes adopted by reference herein, the Building Official shall give a written Notice and Order to the owner, tenant or user of the building or property pursuant to the provisions of the State Health and Safety Code, State Housing Law and this Code. If the Building Official finds that certain electrical, plumbing, mechanical, excavation or structural systems pose an immediate hazard to life and property, the Building Official may order such systems disconnected, removed or abated immediately. If a Notice and Order must be served upon the owner, tenant or user of the building or structure, the Building Official shall assess the owner, tenant or user of the building or structure all applicable fees required to cover expenses incurred by the City of Baldwin Park in the processing of the Notice and Order to abate. Such processing fees shall be calculated at the rate indicated in the Schedule of Service Charges adopted by the City Council. Buildings damaged by fire or by natural disasters where the extent of damage to the building exceeds seventy -five (75) percent of the valuation of the building prior to the disaster, or when determined by the Building Official that a structure is unsafe for occupancy due to damage the building shall be considered a total loss and be demolished pursuant to this section. , and if necessary the safety of the damaged structure will be determined by an engineering study paid by the owner of the property. § 150.032 COST OF ABATEMENT OR COMPLIANCE. Any person, whether as principal, agent, employee or otherwise, who maintains any premises in violation of the provisions of this Code, any of the codes adopted by reference herein, or the State Housing Law shall be liable for, and obligated to pay to the City of Baldwin Park all costs incurred by the City in obtaining Exhibit A to Ordinance No. 1338 Page 12 of 55 abatement or compliance which is attributable to, or associated with, the enforcement or abatement action, whether such action is administrative, injunctive or legal and for all damages suffered by the City its officers, agents, and employees as a result of such violation or efforts to abate the violation. If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the City, the City Council by resolution may order the cost of the abatement to be specially assessed to the property or parcel. Such assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure be applied at the time of sale or in case of delinquency as are provided for ordinary county taxes. 150.033 NOTICE OF NON - COMPLIANCE. Whenever the Building Official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this Code, the State Housing Law or any code adopted herein, the Building Official may cause a Notice of Non - Compliance to be recorded with the County Recorder and shall notify the owner of such property of such action. The Notice of Non - Compliance shall describe the property, shall set forth the non- complying conditions and shall state that the owner of such property has been duly notified. The Building Official shall record a Notice of Release of the Notice of Non - Compliance with the County Recorder when it has been determined by the Building Official that the non - complying conditions have been corrected. § 150.034 PUBLIC NUISANCE. Buildings or structures or portions thereof which are regulated by this Code, and which are determined by the Building Official to be unsafe or not provided with adequate egress or which constitute a fire hazard, or which are determined substandard under the provisions of the California Health and Safety Code, the State Housing Law, any other applicable law or ordinance, or which are otherwise dangerous to human life, or which constitute a hazard to health safety or public welfare by reason of inadequate maintenance, dilapidation, damage obsolescence or abandonment as specified in this Code or any other law or ordinance, shall be declared unsafe buildings and shall be declared a public nuisance and shall be ordered abated by repair, rehabilitation, removal or demolition pursuant to the provision of this Code. 150.035 ACTIONS, VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, corporation or association to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish equipment, use, occupy, or maintain any building, structure or building service equipment regulated by this Code, or cause the same to be done in violation of this Code or any codes hereby adopted by reference, State Housing Law or other applicable State or local law, The penalty shall be as set forth in Section 10.99 of Exhibit A to Ordinance No. 1338 Page 13 of 55 the Baldwin Park Municipal Code. Each such person, firm, corporation or association shall be deemed guilty of a separate offense for each and everyday or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or allowed and upon conviction of such violation such person, firm, corporation or association shall be punishable by a fine or imprisonment or both as provided by law and the Baldwin Park Municipal Code. The issuance of a permit or the approval of plans and specifications shall not be construed to authorize any violation of the provisions of this Code or any codes hereby adopted by reference, State Housing Law or other applicable State or local law. The issuance or granting of a permit or approval of plan and specification shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from suspending construction operations when such plans, specification or construction are in violation of this Code or any codes hereby adopted by reference, State Housing Law or other applicable State or local law. Part 4. Existing Buildings and Building Service Equipment 150.040 APPLICATION OF TECHNICAL PROVISIONS TO EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT. The provisions of this Part govern the application of the technical codes to existing buildings and building service equipment. 150.041 GENERAL. The buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this Chapter. 150.042 ADDITIONS, ALTERATIONS OR REPAIRS. Additions, alterations or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the requirements of the technical codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment. 150.043 ADDITIONS. ALTERATION OR REPAIRS: UNSAFE CONDITIONS. A. Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe. Exhibit A to Ordinance No. 1338 Page 14 of 55 B. An unsafe condition shall be deemed to have been created if an addition or alteration may cause the existing building or building service equipment to become structurally unsafe or overloaded; may not provide adequate egress in compliance with the provisions of the Building Code or may obstruct existing exits; may create a fire hazard; may reduce required fire resistance; may cause building service equipment to become overloaded or exceed their rated capacities; may create a health hazard or may otherwise create conditions dangerous to human life. § 150.044 ADDITIONS, ALTERATION OR REPAIRS: HEIGHT, NUMBER OF STORIES AND AREA. A. A building altered pursuant to a repair or alteration permit, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted by the Building Code for new buildings. B. A building plus new additions, shall not exceed the height, number of stories and area specified by the Building Code for new buildings. 150.045 ADDITIONS ALTERATION OR REPAIRS: COMPLIANCE WITH CODE REQUIREMENTS. Additions or alterations shall not be made to an existing building or structure when the existing building or structure is not in full compliance with the provisions of the Building Code, except when the addition or alteration will result in the existing building or structure being no more hazardous, based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken. EXCEPTION: Alterations of existing structural elements, or additions of new structural elements which are initiated only for the purpose of increasing the lateral - force- resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that: The capacity of existing structural elements required to resist forces is not reduced; 2. The lateral loading to required existing structural elements is not increased beyond their capacity; 3. New structural elements are detailed and connected to the existing structural elements as required by these regulations; 4. New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by these regulations; and 5. An unsafe condition is not created. Exhibit A to Ordinance No. 1338 Page 15 of 55 150.046 ADDITIONS. ALTERATION OR REPAIRS: USE OF SAME MATERIALS. Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect a structural member or a part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the Building Official. Installation or replacement of glass shall be as required for new installations. 150.047 EXISTING BUILDING SERVICE EQUIPMENT INSTALLATIONS. Building service equipment lawfully in existence prior to the effective date of this Chapter, may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment. § 150.048 EXISTING OCCUPANCY. A. Buildings in existence prior to the effective date of this Chapter may have their existing use or occupancy continued if the use or occupancy was legal prior to the effective date of this Chapter, and provided continued use is not dangerous to life, health and safety. B. A change in the use or occupancy of any existing building or structure shall comply with the provisions of this Code. § 150.049 MAINTENANCE. A. Buildings, structures and building service equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. B. Devices or safeguards which are required by the technical codes shall be maintained in conformance with the technical code under which installed. C. The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment. D. The Building Official may cause a structure to be reinspected to determine compliance with this subsection. 150.050 MOVED BUILDINGS. Buildings, structures and their building service equipment moved into or within the City shall comply with the provisions of the technical codes for new buildings or structures and their building service equipment. § 150.051 TEMPORARY STRUCTURES. Exhibit A to Ordinance No` 1338 Page 16 of 55 A. Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by a permit issued pursuant to CBC Section 3103. B. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. 150.052 HISTORIC BUILDINGS. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its' building service equipment may be made provided: A. The building or structure has been designated by official action of the legally constituted authority of the City as having special historical or architectural significance. B. Unsafe conditions as described in this Chapter are corrected. C. The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation than the existing building. D. The structure meets the requirement of 2010 California Historical Building Code, Part 8 of Title 24. Part 5. Permits § 150.060 PERMITS _REQUIRED. Except as specified in this Part, no building, structure or building service equipment regulated by this Chapter and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the Building Official. § 150.061 WORK EXEMPT FROM PERM_ IT. A. A permit shall not be required for the types of work in each of the separate classes of permit as set forth in this Part. B. Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work - to be done in violation of the provisions of the technical codes or any other laws or City ordinances. Exhibit A to Ordinance No. 1338 Page 17 of 55 § 150.062 BUILDING PERMIT EXEMPTIONS. A. A building permit shall not be required for the following: 1. One -story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2), the building is 14 feet or less in height, and does not contain electrical, mechanical or plumbing work. 2. Fences not over six (6) feet (1829 mm) high. 3. Oil derricks. 4. Non -fixed and movable fixtures, cases, racks, counters and partitions not over five (5) feet nine (9) inches (1753 mm) high. 5. Retaining walls which are not over four (4) feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, 11 or III -A Liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons (18925 liters) and the ratio of height to diameter or width does not exceed two to one. 7. Platforms, sidewalks and driveways not more than thirty (30) inches (762 mm) above adjacent grade, and not over any basement or story below, and are not part of an accessible route. 8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one - and two- family dwellings. 12. Window awnings supported by an exterior wall of detached one- and two- family dwellings, and Group U Occupancies when projecting not more than fifty -four (54) inches (1372 mm). 13. Prefabricated swimming pools accessory to a detached one- and two - family dwellings. Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand Exhibit A to Ordinance No. 1338 Page 18 of 55 (5,000) gallons (18925 liters), and less than twenty -four (24) inches (610 mm) deep. 14. Replacement, repair or overlay of less than ten percent (10 %) of an existing roof within any twelve (12) month period. B. Unless otherwise exempted by this Chapter, separate plumbing, electrical and mechanical permits will be required for the above exempted items. § 150.063 PLUMBING PERMIT EXEMPTIONS. A plumbing permit shall not be required for the following: 1. The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Chapter. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, including the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. § 150.064 MECHANICAL PERMIT EXEMPTIONS. A mechanical permit shall not be required for the following: 1. A portable heating appliance. 2. Portable ventilating equipment. 3. A portable cooling unit. 4. A portable evaporative cooler. 5. A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the Mechanical Code. 6. Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes. 7. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes. Exhibit A to Ordinance No. 1338 Page 19 of 55 8. A unit refrigerating system as defined in the Mechanical Code. 150.065 ELECTRICAL PERMIT EXEMPTIONS. An electrical permit shall not be required for the following: 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable. is permitted by the Electrical Code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current- carrying parts of any switch, conductor or control device. 5. Reinstallation of attachment plug receptacles, but not the outlets therefore. 6. Replacement of any over current device of the required capacity in the same location, except service equipment. 7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 8. Taping joints. 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. 11. The wiring for temporary theater, motion picture or television stage sets. 12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty five (25) volts and not capable of supplying more than fifty (50) watts of energy, except in hazardous (classified) locations. 13. Low- energy power, control and signal circuits of Class II and Class III as defined in the Electrical Code. Exhibit A to Ordinance No. 1338 Page 20 of 55 14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Parf 6. Application Requirements § 150.071 APPLICATION FOR PERMIT, A. To obtain a permit an applicant shall file a completed application, in writing, on a form furnished by the Building Official for that purpose. B Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, diagrams, computations and specifications and other data as required in CBC Appendix Chapter 1, Section 106. 5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as may be required by the Building Official. C. The work to be covered by the permit for which application is made, shall comply with the Code, standards, and laws in effect at the time such application is filed with the Building Official. 150.072 SUBMITTAL DOCUMENTS. A. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. Exhibit A to Ordinance No. 1338 Page 21 of SS B. When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. C. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. D. EXCEPTION: The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this Chapter. 950.072 INFORMATION ON PLANS AND SPECIFICATIONS. A. Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Chapter and all relevant laws, ordinances, rules and regulations. B. Plans for buildings of other than detached one- and two- family dwellings and Group U Occupancies shall indicate how required structural and fire - resistive integrity will be maintained when a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. 950.073 ARCHITECT OR ENGINEER OF RECORD. A. When it is required that documents be prepared by an architect or engineer, the Building Official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. B. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. C. The Building Official shall be notified, in writing, by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties. D. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. 950.074 DEFERRED SUBMITTALS. Exhibit A to Ordinance No. 1338 Page 22 of 55 A. For the purposes of this Chapter, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the Building Official within a specified period. B. Deferral of any submittal items shall have prior approval of the Building Official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents. Additional plan review fee shall be paid by the applicant for deferred submittals for review by the Building Official prior to their installation. C. Submittal documents for deferred submittal items shall be submitted to the registered design architect or engineer of record who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. D. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Building Official. 150.075 INSPECTION AND OBSERVATION PROGRAM. A. When special inspection is required by CBC Chapter 17, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Official for approval prior to issuance of the permit. B. The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors. C. The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work. D. When structural observation is required by CBC Chapter 17, the observation program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. E. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. § 150.076 EXPIRATION OF APPLICATION FOR PERMIT A. Except as provided below, a permit application shall expire if no permit is issued within one year after the date the permit application is filed. A permit application filed prior to the effective date of this Chapter, shall expire if no permit is issued within one year after the date the permit application is filed. The Building Official may issue a permit for work shown on an expired application for a permit Exhibit A to Ordinance No. 1338 Page 23 of 55 without requiring the re- submittal of plans and payment of a plan review fee provided: 1, No changes have been made or will be made to the original plans and specifications except as required by the original plan review; and 2. No pertinent laws or ordinances have been amended subsequent to the date the original application was filed; and 3. The time allowed to obtain the permit does not exceed one year and one month from the date the original application was filed; and 4. Circumstances beyond the control of the applicant have prevented action from being taken. B. Except as provided in this Section, no action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. To obtain a permit, applicants shall submit a new application, documents and pay a new plan review fee. All applicable codes, standards, and laws in affect at the time of the new application shall then apply to the project. Part 7. Permit Issuance 150.080 PERMIT ISSUANCE. A. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official as deemed appropriate. Such plans may be reviewed by other City departments to verify compliance with other applicable laws. B. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Chapter and the technical codes and other pertinent laws and ordinances, and that the required fees have been paid, the Building Official shall issue a permit therefore to the applicant. C. The Building Official shall endorse, in writing or stamp, the required plans and specifications. D. Approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work regulated by this Chapter shall be done in accordance with the approved plans. Exhibit A to Ordinance No. 1338 Page 24 of 55 §'150.082 PERMITS FOR PARTIAL CONSTRUCTION. A. The Building Official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. B. The holder of a permit for partial construction shall proceed without assurance that the permit for the entire building, structure or building service will be granted. § 950.083 RETENTION OF PLANS A. One set of approved plans, specifications and computations shall be retained by the Building Official for a period of not less than one hundred eighty (180) days from the date of completion of the work covered therein or as required by the State or local laws. B. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. § 150.084 VALIDITY OF PERMIT. A. The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of any violation of, any of the provisions of this Chapter or the technical codes, or of any other law or ordinance. B. Permits presuming to give authority to violate or cancel the provisions of this Chapter or of other City ordinances shall not be valid. C. The issuance of a permit based on plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing building operations being carried on thereunder when there is a violation of this Chapter or of any other City ordinances. § 150.085 PERMIT EXPIRATION. A. Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or Exhibit A to Ordinance No. 1338 Page 25 of 55 work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. B. All permits shall expire by limitation of time and become null and void unless an inspection indicating substantial progress in construction has been requested and performed every 180 days or sooner. C. Before work terminated pursuant to subsection B above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees. D. The fee therefore shall be pursuant to the last adopted fees provided no changes have been made to the original plans or specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year. E. If the suspension or abandonment of the project has exceeded one year, a new permit shall be obtained and the permit fees be paid in full. 150.086 PERMIT TIME EXTENSIONS. A. A permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit, if the permittee can demonstrate that, for good and satisfactory reasons, it is not feasible to commence the work within the required time. B. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon payment of appropriate fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. C. Permits shall not be extended more than once, except that, the Building Official may approve a maximum of one CONSECUTIVE additional extension of one hundred and eighty (180) days when the applicant demonstrates that special unusual circumstances exist. In this case, the Building Official may require that additional fees be paid and plans be revised to partially or fully comply with the current codes. D. Permit time extension when there are multiple permits on a single project must comply with all of the following: For the purpose of permit expiration, all permits associated with a single project (i.e., same address, suite, portion of building) will be considered as one project. If an inspection has been performed on any of the permits for the project, all permits will be considered to have been extended for an additional 180 days. However, no permit more than Exhibit A to Ordinance No. 1338 Page 26 of SS three years old may be extended by the extension of another permit on the same project. 2. In order to extend a permit described in subsection 1, above, one of the permits must be extended subject to aforementioned limitations and payment of required fees. Additionally, an inspection indicating that the applicant has made substantial progress must be requested and performed on the permit that has been extended within 180 days, from the date of permit issuance. 150.087 PERMIT RENEWALS. An expired building permit may be renewed provided it has not been expired for more than one (1) year, no changes have been made to the plans or specifications previously approved by the expired permit and appropriate permit renewal fees are paid. In instances where work has been initiated prior to the expiration of the permit, permit renewal fees shall be assessed pursuant to the degree of progress made on the work authorized by the permit. Permit renewal fees shall be assessed by the Building Official pursuant to latest adopted fees. 150.088 PERMIT SUSPENSION OR REVOCATION. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code when the permit is issued in error or on the basis of incorrect inaccurate, incomplete, or fraudulent information provided by the applicant, or when such permit is in violation of an ordinance, regulation, State law or the provisions of this Code. All suspension or revocation of permits must be in writing showing the cause and the time period for such action. 4'150.090 PERMIT DENIAL. Except where special building designs or other mitigation measures have been approved by the Building Official and co- operating officials of other City and County agencies, a building permit may be denied where physical features of a building site are such that denial of the building permit is deemed necessary to safeguard life, limb, health, property or public welfare. Physical features which justify denial of a permit shall include but shall not be limited to the following: 1. Precipitous cliffs or other adjacent vertical landmasses of unknown stability. 2. Unstable soils or geologic conditions. 3. Terrain, which is subject to flooding or severe soil erosion. 4. Terrain, which is deemed contaminated by products of hydrocarbon or other hazardous material. Exhibit A to Ordinance No. 1338 Page 27 of 55 Part 8. Fees 150.100 FEES ESTABLISHED BY CITY COUNCIL RESOLUTION. All fees required pursuant to this Chapter shall be paid in the amount established set forth in the Schedule of Service Charges established by resolution of the City Council. §'150.101 PLAN REVIEW FEES. A. When a plan or other data is required to be submitted with an application for permit, pursuant to this Chapter, a Plan Review Fee shall be paid at the time of submitting plans and specifications for reviewing. The Plan Review Fee is separate and in addition to the Building Permit Fee. B. The Plan Review Fee shall be as set forth in the Schedule of Service Charges established by resolution of the City Council, plus a surcharge as set forth in the Schedule of Service Charges if additional plan review is required for the accessibility for the disabled and/or energy conservation standards as set forth in Title 24 of the California Code of Regulations. C. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in this Chapter an additional plan review fee shall be charged at the rate established in the Schedule of Service Charges. D. Whenever a permit is requested for the construction of a single - family or duplex structure as part of a subdivision previously plan- checked and approved, a fee as set forth in the Schedule of Service Charges established by the City Council for each such structure shall be paid at the time of application for each such Building Permit. E. The amount of initial plan review fee for submittal of a model plan as defined herein shall be the full plan review fee as specified above. The plan review fee for subsequent submittal of a plan which qualifies as a model plan shall be one -half (112) the plan review fee. A "model plan" is hereby defined as a prototype plan for a building or structure which is to be utilized on more than one site, and which incorporates the same structural features, dimensions, and calculations as the original approved plan. F. Upon request to review plans on file, a fee as set forth in the Schedule of Service Charges shall be paid, if the plans for such building or structure must be obtained from the City storage vault. 150.102 INVESTIGATION FEES FOR WORK WITHOUT A PERMIT. A. Whenever any work for which a permit is required by this Chapter has been Exhibit A to Ordinance No. 1338 Page 28 of 55 commenced without first obtaining the proper permits, a special investigation shall be made before any permit may be issued for such work. B. The Investigation Fee in an amount set forth in the Schedule of Service Charges, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. D. The payment of such Investigation Fee shall not exempt any person from compliance with all other provisions of this Chapter nor from any penalty prescribed by law. § 150.103 FEE REFUNDS. A. The Building Official may authorize partial refunding of any fee paid hereunder which was erroneously paid or collected. B. The Building Official may authorize the refunding of not more than eighty (80 %) percent of the Permit Fee paid when no work has been done under a Permit issued in accordance with this Chapter. A processing fee of $100.00 shall be deducted from the refund amount. Permit fee under $100.00 is non- refundable. C. The Building Official may authorize the refunding of not more than eighty (80 %) percent of the Plan Review Fee paid when an application is withdrawn or canceled before any plan reviewing has been started, and the refund amount is not less than or equal to one hour of plan review service fee. A processing fee of $100.00 shall be deducted from the refund amount. Plan review fee under $ 200.00 is non - refundable. D. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred and eighty (180) days after the date of fee payment. § 150.104 FEE EXCEPTIONS. A. Fees shall not be required for buildings erected for and owned by the United States of America, the State of California, or any of its political subdivisions, or by any school district or hospitals, where the Building Official has no jurisdiction for issuance of permits. B. However, if an applicant requests a plan review or permit for any of the aforementioned projects, full fees shall be charged. Part 9. Inspections 950.910 GENERAL PROVISIONS. Exhibit A to Ordinance No. 1338 Page 29 of 55 A. Construction or work for which a permit is required shall be subject to inspection by the Building Official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. In addition, certain types of construction shall have special inspection and structural observation as specified in Chapter 17 of the CBC. B. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Chapter or of other City ordinances. Inspections presuming to give authority to violate or cancel the provisions of this Chapter or of other City ordinances shall not be valid. C. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. D. A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans. E. All inspections specified herein shall be at the discretion of the Building Official and nothing in the CBC or in this Chapter shall be construed as requiring the City to conduct such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the CBC nor this section shall be construed to hold the City or any officer, employee or representative of the City, responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or re- inspection. 150.111 INSPECTION RECORD CARD. A. Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. B. The inspection record card shall be maintained and made readily available by the permit holder until final approval has been granted by the Building Official. 150.112 INSPECTION REQUESTS. A. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. B. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. Exhibit A to Ordinance No. 1338 Page 30 of 55 C. It shall be the duty of the person requesting any inspections required either by this Chapter or the technical codes to provide access to and means for inspection of the work. 150.113 APPROVAL REQUIRED. A. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. B. Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the Building Official. C. The Building Official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this Chapter. D. Any portions of work which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. E. There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use. § 150.114 PRELIMINARY INSPECTION. Before issuing a permit, the building official is authorized to examine or cause to be examined, buildings, structures and sites for which an application has been filed. § 150.115 REQUIRED BUILDING INSPECTIONS. The Building Official, upon notification, shall make the following inspections: A. Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready -mixed in accordance with approved nationally recognized standards ASTM C94, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the Building Official. B. Concrete slab or under -floor inspection. To be made after in -slab or under -floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the sub - floor. Exhibit A to Ordinance No. 1338 Page 31 of 55 C. Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved. D. Frame inspection. To be made after the roof, framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved. E. Lath and/or wallboard inspection. To be made after lathing and wallboard, interior and exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished. F. Fire - resistant penetrations. (CBC Chapter 1, Section 110.3.6) Protection of joints and penetrations in fire - resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. G. Energy efficiency inspections. (CBC Chapter 1, Section 110.3.7) Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HAVC and water - heating equipment efficiency. H. Final inspection. To be made after finish grading and the building is completed and ready for occupancy or use. 150.116 REQUIRED BUILDING SERVICE EQUIPMENT INSPECTIONS. A. General, Building service equipment for which a permit is required by this Chapter shall be inspected by the Building Official. Building service equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the Building Official. B. Operation of building service equipment The requirements of this section shall not be considered to prohibit the operation of building service equipment installed to replace existing building service equipment serving an occupied portion of the building in the event a request for inspection of such building service equipment has been filed with the Building Official not more than 48 hours after the replacement work is completed, and before any portion of such building service equipment is concealed by permanent portions of the building. § 150.117 OTHER INSPECTIONS, Exhibit A to Ordinance No. 1338 Page 32 of 55 In addition to the called inspections specified above, the Building Official may make or require other inspections of construction work to ascertain compliance with the provisions of this Chapter or technical codes and other applicable laws and ordinances of this City. § 150.118 REINSPECTION_S. A. A re- inspection fee may be assessed for each inspection or when such portion of work for which inspection is called is not complete or when corrections called for are not made. B. This section is not to be interpreted as requiring fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. C. fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. D. To obtain a re- inspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the fee in accordance with the Schedule of Fees. E. In instances where fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. 150.119 SPECIAL INSPECTIONS. Special inspection shall be provided in accordance with Section 1704 of the CBC. Additional special inspections may be required when deemed necessary by the Building Official. 150.120 CONTRACTORSRESPONSIBILITY. Pursuant to the requirements of CBC section 1710, each contractor responsible for the construction of a main wind -or seismic - force - resisting system, designated seismic system or a wind - or seismic resisting component listed in the statement of special inspections shall submit a written statement of responsibility to the Building Official and the owner prior to the commencement of work on the system or component. The contractor's statement of responsibility shall contain acknowledgement of awareness of the special requirements contained in the statement of special inspection. Exhibit A to Ordinance No. 1338 Page 33 of 55 150.121 STRUCTURAL OBSERVATION. Structural observation shall be provided in accordance with Section 1710 of the CBC. Additional structural observation may be required when deemed necessary by the Building Official. Structural observation does not include or waive any inspection required by this Code. 150.122 CONNECTION TO UTILITIES. A. Energy Connections. Persons shall not make connections from a source of energy, fuel or power to building service equipment which is regulated by the technical codes and for which a permit is required by this Chapter, until approved by the Building Official, B. Temporary Connections. The Building Official may authorize the temporary connection of the building service equipment to the source of energy, fuel or power for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy. This temporary connection will be allowed for a specific purpose and for a specific period of time. The temporary connection must be removed or detached when the permitted time period is over. Part 10. Certificate of Occupancy 150.130 USE OR OCCUPANCY. A. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the Building Official has issued a certificate of occupancy therefore as provided herein. B. EXCEPTION: The following occupancies may not require a certificate of occupancy: 1. Group R, Division 3, dwellings as defined in Chapter 2 of the CBC 2. Group U Occupancies. C. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Chapter or of other City ordinances. D. Certificates presuming to give authority to violate or cancel the provisions of this Chapter or of other City ordinances shall not be valid. Exhibit A to Ordinance No. 1338 Page 34 of 55 150.131 CHANGE IN USE. Changes in the character or use of a building shall not be made except as specified in the Building Code. §'150.132 ISSUANCE OF CERTIFICATE OF OCCUPANCY. After the Building Official inspects the building or structure and finds no violations of the provisions of this Chapter or other laws, the Building Official shall issue a certificate of occupancy which shall contain the following: A. The building permit number. B. The address of the building. C. The name and address of the owner. D. A description of that portion of the building for which the certificate is issued. E. A statement that the described portion of the building has been inspected for compliance with the requirements of this Chapter for the group and division of occupancy and the use for which the proposed occupancy is classified. F. The name of the Building Official. G. The edition of the code under which the permit was issued. H. The use and occupancy, in accordance with the provisions of Chapter 3 of the CBC. I. The type of construction as defined in Chapter 6 of the CBC. J. The design occupant load. K. If an automatic sprinkler system is provided, whether the sprinkler system is required. L. Any special stipulations and conditions of the building permit. Exhibit A to Ordinance No. 1338 Page 35 of 55 150.133 TEMPORARY CERTIFICATE OF OCCUPANCY. A. If the Building Official finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure. B. Applicant shall pay required fees prior to issuance of temporary certificate of occupancy. C. The Building Official will develop policies and procedures to administer issuance of a temporary certificate of occupancy. § 150.134 POSTING. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. § 150.135 REVOCATION. The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this Chapter when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of an ordinance, regulation or the provisions of this Chapter. Part 11. Adoption and Amendment of the 2010 California Building Code § 150.140 ADOPTION. A. The International Building Code, 2009 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2 of Title 24 of the California Code of Regulations are adopted and enacted, as the primary building code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Building Code. B. The International Residential Code, 2009 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2.5 of Title 24 of the California Code of Regulations are adopted and enacted, as the Residential Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Residential Building Code. C. The California Green Building Standards Code, 2010 edition, including the Exhibit A to Ordinance No. 1338 Page 36 of 55 appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 11 of Title 24 of the California Code of Regulations are adopted and enacted, as the Green Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Green Building Code. D. One copy of the adopted codes has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park, & 150.141 PORTIONS OF CALIFORNIA BUILDING CODE WHICH ARE NOT APPROVED, ADOPTED OR INCORPORATED BY REFERENCE. The following portions of the CBC, or of the appendix thereto, are not approved or adopted or incorporated in this Chapter by reference, and shall not be deemed to be a part of this Chapter nor a part of the Baldwin Park Building Code: A. Appendix A, Employee Qualifications B. Appendix B, Board of Appeals. C. Appendix D, Fire Districts. D. Appendix F, Rodent Proofing. 150.142 LOCAL AMENDMENTS. The following provisions shall constitute local amendments to the cross - referenced provisions of the CBC and shall be deemed to replace the cross - referenced section of the CBC with the respective provisions set forth in this Chapter. (A) Section 1505, Fire Classification, is hereby amended as follows: Sections 1505.1, 1505.1.3 and Table 1505.1 are deleted: Sections 1505.1 through 1505.3 are amended to read as follows: The entire roof covering of every existing structure where more than 25% of the total roof area is replaced within any one year period; the entire roof covering of every new structure and any roof covering applied in any alteration, repair or replacement of the roof of every existing structure shall be a fire retardant roof covering that is at least Class B fire rating. No wood shakes or wood shingles, treated or untreated shall be permitted. EXCEPTION: Repairs and additions to existing wood roofs, under twenty -five (25 %) percent of the total existing roof area, shall be allowed to match the existing wood Exhibit A to Ordinance No. 1338 Page 37 of 55 roof if the new materials are fire retardant and meet the specifications of a Class B roof. Only one such repair shall be allowed within a 12 -month period. (B) Section 1510, Re- roofing, is hereby amended as to read as follows: SECTION 1510.1 GENERAL. All re- roofing shall conform to the applicable provisions of Chapter 15 of the CBC and as otherwise required in this section. Repairs to existing roofs shall be limited to 25% of the total roof area within any one -year period. Repairs exceeding 25% of the total roof area shall be considered complete re -roofs and subject to the provisions of this Code. All re- roofing work which requires complete removal of existing roof coverings shall be considered as new work, and shall be reviewed and inspected under Chapter 15 of this Code. Sheathing placed on top of existing spaced sheathing to create a flat surface shall be installed per the roofing manufacturer's specifications and applicable ICC reports. Sheathing placed directly over roof rafters shall meet span and index ratings in accordance with Table 2304.7.(3) of the CBC. Sheathing shall be a minimum of one half inch in thickness and its edges shall bear on a roof rafter or similar support. Sheathing shall be fastened with minimum 8d common nails spaced 6 inches on center on the edge and 12 inches on center in the field. Lightweight roofs not exceeding 6 pounds per square foot, which are replaced with heavier roofs, shall comply with the provision of Chapter 16 of the CBC and subject to plan check. Sheathing over existing space sheathing shall be a minimum of 318" in thickness. SECTION 1510.3.3. REROOFING OVERLAYS ALLOWED Not more than one overlay of composition shingles shall be allowed. (C) Section 1613.8, Suspended Ceilings is hereby added to the Code to read as follows: Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of CBC Section 2506.2.1 of this Code and this subsection. 1613.8.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein. 1613.8.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect 1613.8.3 Design and Installation Requirements. Exhibit A to Ordinance No. 1338 Page 38 of 55 1613.8.3.1 Bracing at Discontinuity. Positive bracing to the structure shall be provided at changes in the ceiling plane elevation or at discontinuities in the ceiling grid system. 1613.8.3.2 Support for Appendages. Cable trays, electrical conduits and piping shall be independently supported and independently braced from the structure. 1613,8.3.3 Sprinkler Heads. All sprinkler heads (drops) except fire - resistance -rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling tile, in accordance with Section 13.5.6.2.2 (e) of ASCE 7. Sprinkler heads penetrating fire - resistance -rated floor/ceiling or roof/ceiling assemblies shall comply with Section 713 of this Code. 1613.8.3.4 Perimeter Members. A minimum wall angle size of at least a two inch (51 mm) horizontal leg shall be used at perimeter walls and interior full height partitions. The first ceiling tile shall maintain 314 inch (19 mm) clear from the finish wall surface. An equivalent alternative detail that will provide sufficient movement due to anticipated lateral building displacement may be used in lieu of the long leg angle subject to the approval of the Superintendent of Building. 1613.8.4 Special Requirements for Means of Egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions. 1613.8.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobby's accessory to Group A Occupancies. Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby. 1613.8.4.2 Assembly Device. All lay -in panels shall be secured to the suspension ceiling assembly with two hold -down clips minimum for each tile within a 4 -foot (1219 mm) radius of the exit lights and exit signs. 1613.8.4.3 Emergency Systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1006.3 of this Code. Exhibit A to Ordinance No. 1338 Page 39 of 55 1613.8.4.4 Supports for Appendage. Separate support from the structural deck shall be provided for ail appendages such as light fixtures, air diffusers, exit signs, and similar elements. (D) Section 1615, Seismic Design Requirements, is hereby added to the Code to read as follows: SECTION 1615 SEISMIC DESIGN REQUIREMENTS 1615.1 General. The text of ASCE 7 is hereby amended to read as follows: 1615.1.6 ASCE 7, 12.11.2.2.3. 12.11.2.2.3 Wood Diaphragms. In wood diaphragms, the continuous ties shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toe nails or nails subject to withdrawal nor shall wood ledgers or framing be used in cross -grain bending or cross -grain tension. The diaphragm sheathing shall not be considered effective as providing ties or struts required by this section. For wood diaphragms supporting concrete or masonry walls, wood diaphragms shall comply with the following: 1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form sub - diaphragms to transmit the anchorage forces to the main continuous crossties. 2. The maximum diaphragm shear used to determine the depth of the sub - diaphragm shall not exceed 75% of the maximum diaphragm shear. 1615.1.8 ASCE 7, 12.12.4. 12.12.4 Deformation Compatibility for Seismic Design Category D through F. For structures assigned to Seismic Design Category D, E, or F, every structural component not included in the seismic force - resisting system in the direction under consideration shall be designed to be adequate for the gravity load effects and the seismic forces resulting from displacement to the design story drift (A) as determined in accordance with Section 12.8.6 (see also Section 12.12.1). Exception: Reinforced concrete frame members not designed as part of the seismic force - resisting system shall comply with Section 21.9 of ACI 318. Where determining the moments and shears induced in components that are not included in the seismic force - resisting system in the direction under consideration, the stiffening effects of adjoining rigid structural and Exhibit A to Ordinance No. 1338 Page 40 of 55 nonstructural elements shall be considered and a rational value of member and restraint stiffness shall be used. When designing the diaphragm to comply with the requirements stated above, the return walls and fins /canopies at entrances shall be considered. Seismic compatibility with the diaphragm shall be provided by either seismically isolating the element or by attaching the element and integrating its load into the diaphragm. (E) Section 1710, Structural Observations, is amended to read as follows: SECTION 1710 STRUCTURAL OBSERVATIONS. 1710.1 General. Where required by the provisions of Section 1710.2 or 1710.3 the owner shall employ the registered design professional in responsible charge for the structural design, or another registered design professional designated by the registered design professional in responsible charge for the structural design to perform structural observations as defined in Section 1710.2. The owner or owner's representative shall coordinate and call a preconstruction meeting between the registered design professional in responsible charge for the structural design, structural observer, contractor, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official. Observed deficiencies shall be reported in writing to the owner's representative, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer's knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the building official. 1710.2 Structural observations for seismic resistance. Structural observations shall be provided for those structures included in Seismic Design Category D, E or F, as determined in Section 1613, where one or more of the following conditions exist: 1. The structure is classified as Occupancy Category III or IV in accordance with Section 1604.5. 2. The height of the structure is greater than 75 feet (22860 mm) above the base. Exhibit A to Ordinance No. 1338 Page 41 of 55 3. The structure is classified as Occupancy Category I or II in accordance with Section 1604.5 and a lateral design is required for the structure or portion thereof. Exception: One- and two -story wood framed Group R -3 and Group U Occupancies less than 1500 square feet, and one- and two -story Groups B, F, M and S Occupancies with an occupant load less than 10 provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D. 4. When so designated by the registered design professional in responsible charge of the design. 5. When `Structural Observation` is specifically required by the building official. (F) Section 1808.1, Foundations, is amended to read as follows: SECTION 1808.6.1 FOUNDATIONS. When buildings are located on expansive soil having an expansion index greater than 20 ASTM D 4829, gutters, downspouts, piping, and/or other non - erosive devices shall be provided to collect and convey rainwater to a street, storm drain, or other approved watercourses or disposal area. Exhibit A to Ordinance No. 1338 Page 42 of 55 Foundations in expansive soil shall be designed to comply with the following Table: Number of Floors Thickness of Width of Thickness Depth of Supported by Foundation Wall Footing of Footing Footing Foundation Inches Inches Inches Inches ConqreteMasonry 1 6 16 12 6 24 Exception: for residential monolithically places concrete foundation located in non - hillside terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way. Number 3 bars shall be embedded into footing a depth of 18 inches. (G) Section 2305, General Design Requirements for Lateral -force Resisting Systems, is hereby amended to read as follows: 2305.2.5 Rigid Diaphragms. Design of structures with rigid diaphragms shall conform to the structure configuration requirements of Section 12.3.2 of ASCE 7 and the horizontal shear distribution requirements of Section 92.8.4 of ASCE 7. Wood structural panel diaphragms shall not be considered as transmitting lateral forces by rotation. H SECTION 3109.2 DEFINITION- The following definition is hereby added to this section of the code. BARRIER HEIGHT. The distance measured from finish grade to the top of the barrier. The face of the barrier used shall be the face that is outside the pool or spa area. Finish grade shall be the lowest adjacent grade within two (2) feet of the outer surface of the barrier along the entire length. (1) Section 3109.4.1 is amended to read as follows: SECTION 3109.4.1 BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on the top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. Exhibit A to Ordinance No. 1338 Page 43 of 55 EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements. (J) Section 3109.4.1.4 is amended to read as follows: 3109.4.1.4 Widely spaced horizontal members. Barriers shall not have a design configuration that provides a ladder -like effect. When the barrier has horizontal members spaced less than 45 inches apart, such member shall be placed on the poolside of the barrier. Any decorative design work attached to the outer side of the barrier that forms a ladder like design work effect is prohibited. (K) Section 3401.3 is amended to read as follows: 3401.3 Compliance with other codes. Alterations, repairs, additions, changes of occupancy and maintenance of all structures shall comply with the provisions for alterations, repairs, additions, changes of occupancy and maintenance of all structures in the California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, Title 25, California Code of Regulations, Division 1, Chapter 1, Subchapter 1, Article 1 (a) and (b) and California Health and Safety Code Sections 17920 - 17927. (HCD 1) See Chapter 34, Section 3403.1, Exception 2 and Title 25, Division 1, Chapter 1, Subchapter 1, Article 1, commencing with Section 1 for existing buildings or structures. (L) Section 3401.3.1 is added to read as follows: 3401.3.1 Substandard Buildings Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions as delineated in Health and Safety Code Section 17920 to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating. (7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this Code. (9) Room and space dimensions less than required by this Code. Exhibit A to Ordinance No. 1338 Page 44 of 55 (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by the health officer. (13) General dilapidation or improper maintenance. (14) Lack of connection: to required sewage disposal system. (15) Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. (b) Structural hazards shall include, but not be limited to, the following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. (6) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (c) Any nuisance. (d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. (e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures. (f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. (g) Faulty weather protection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. Exhibit A to Ordinance No. 1338 Page 45 of 55 (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) All materials of construction, except those which are specifically allowed or approved by this Code, and which have been adequately maintained in good and safe condition. 0) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. (k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the CBC. (1) All buildings or portions thereof not provided with adequate exit facilities as required by this Code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. (m) All buildings or portions thereof that are not provided with the fire - resistive construction or fire - extinguishing systems or equipment required by this Code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire - resistive integrity and fire - extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. (o) Inadequate structural resistance to horizontal forces. "Substandard building" includes a building not in compliance with Section 13143.2. of the California Health and Safety Code. However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion. (N) Section 3402.1 is amended to read as follows: 3402.1 Definitions. For the purposes of this chapter, the following definition applies and is hereby added to Section 3402.1 Definitions of the 2010 CBC: Substantial Structural Damage -- A condition where: Exhibit A to Ordinance No. 1338 Page 46 of 55 1. In any story, the vertical elements of the lateral- force - resisting system, have suffered damage such that the lateral load - carrying capacity of the structure in any direction has been reduced by more than 20 percent from its pre- damaged condition, or 2. The capacity of any vertical gravity load- carrying component, or any group of such components, that supports more than 30 percent of the total area of the structure's floor(s) and roof(s) has been reduced more than 20 percent from its pre - damaged condition, and the remaining capacity of such affected elements with respect to all dead and live loads is less than 75 percent of that required by the building code for new buildings of similar structure, purpose and location. (0) The following repair requirements are hereby added as a new Subsection 3403.5 to Section 3403 Additions, Alterations or Repair in the 2010 CBC: 3403.5 Repairs. 3403.5.1 Repairs. Repairs of structural elements shall comply with this section. 3403.5.1.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria. 3403.5.1.1.1 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) orASCE 41 Seismic rehabilitation of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code shall be permitted to be used as specified in Section 3403.5.1.1.3. 3403.5.1.1.2 CBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following: 1. 100 percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as "Ordinary" unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as "Intermediate" or "Special ". 2. Forces corresponding to BSE -1 and BSE -2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 3403.5.1.1.2. Exhibit A to Ordinance No. 1338 Page 47 of 55 TABLE 3403.5.1.1.2 ASCE 41 and ASCE 31 PERFORMANCE LEVELS OCCUPANCY CATEGORY (BASED ON IBC TABLE 1604.5) PERFORMANCE LEVEL PERFORMANCE LEVEL FOR USE WITH ASCE FOR USE WITH ASCE 41 BSE -2 EARTHQUAKE 31 AND WITH ASCE 41 BSE -1 EARTHQUAKE HAZARD LEVEL HAZARD LEVEL I Life Safet LS Collapse Prevention CP II Life SafetyjLS Collapse Prevention CP III Note a Note a IV Immediate Occupancy Life Safety- (LS) 10 a. Performance Levels for Occupancy Category III shall be taken as halfway between the performance levels specified for Occupancy Category II and Occupancy Category IV. 3403.5.1.1.3 Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following: 1. 75 percent of the forces prescribed in the building code. The R factor used analysis in accordance with Chapter 16 of the building code shall be the R factor as specified in Section 3403.5.1.1.2. 2. In accordance with the applicable chapters in Appendix A of the International Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code force levels. The seismic evaluation and design of un- reinforced masonry bearing wall buildings in Occupancy Category 1 or 11 are permitted to be based on the procedures specified in Appendix Chapter Al. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings or light -frame wood construction in Occupancy Category I or 11 are permitted to be based on the procedures specified in Appendix Chapter A3. Exhibit A to Ordinance No. 1338 Page 48 of 55 Seismic evaluation and design of soft, weak, or open -front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or 11 are permitted to be based on the procedures specified in Appendix Chapter A4. Seismic evaluation and design of concrete buildings and concrete with masonry infill buildings in all Occupancy Categories are permitted to be based on the procedures specified in Appendix Chapter A5. 3. In accordance with ASCE 31 based on the applicable performance level as shown in Table 3403.5.1.1.2. 4. Those associated with the BSE -I Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3403.5.1.1.2. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sx1 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SDI defined by the International Building Code and its reference standards. 3403.5.1.2 Wind Design. Wind design of existing buildings shall be based on the procedures specified in the building code. 3403.5.2 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section. 3403.5.2.1 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated. 3403.5.2.2 Substantial structural damage to vertical elements of the lateral- force - resisting system. A building that has sustained substantial structural damage to the vertical elements of its lateral- force- resisting system shall be evaluated and repaired in accordance with the applicable provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3. 3403.5.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged building, if repaired to its pre - damage state, would comply with the provisions of the building code. Wind forces for this evaluation shall be those prescribed in the building code. Seismic forces for this evaluation are permitted to be the reduced level seismic forces specified in Code Section 3403.5.1.1.3. 3403.5.2.2.2 Extent of repair for compliant buildings. If the evaluation establishes compliance of the pre - damage building in accordance with Section 3403.5.2.2.1, then repairs shall be permitted that restore the building to its pre - damage state, using materials and strengths that existed prior to the damage. Exhibit A to Ordinance No. 1338 Page 49 of 55 3403.5.2.2.3 Extent of repair for non - compliant buildings. If the evaluation does not establish compliance of the pre - damage building in accordance with Section 3403.5.2.2.1, then the building shall be rehabilitated to comply with applicable provisions of the building code for load combinations including wind of seismic forces. The wind design level for the repair shall be as required by the building code in effect at the tie of original construction unless the damage was caused by wind, in which case the design level shall be as required by the code in effect at the time of original construction or as required by the building code, whichever is greater. Seismic forces for this rehabilitation design shall be those required for the design of the pre - damaged building, but not less than the reduced level seismic forces specified in Section 3403.5.1.1.3. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings or similar structure, purpose, and location. 3403.5.2,3 Substantial structural damage to vertical load- carrying components. Vertical load - carrying components that have sustained substantial structural damage shall be rehabilitated to comply with the applicable provisions for dead and live loads in the building code. Undamaged vertical load- carrying components that receive dead or live loads from rehabilitated components shall also be rehabilitated to carry the design loads of the rehabilitation design. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location. 3403.5.2.3.1 Lateral force - resisting elements. Regardless of the level of damage to vertical elements of the lateral force - resisting system, if substantial structural damage to vertical load - carrying components was caused primarily by wind or seismic effects, then the building shall be evaluated in accordance with Section 3403.5.2.2.1 and, if non - compliant, rehabilitated in accordance with Section 3403.5.2.2.3. 3403.5.2.4 Less than substantial structural damage. For damage less than substantial structural damage, repairs shall be allowed that restore the building to its pre - damage state, using materials and strengths that existed prior to the damage. New structural members and connections used for this repair shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location. 3403.5.3 Referenced Standards Standard Reference Number ASCE 31 -03 Title Seismic Evaluation of Existing Building Referenced In Code Section Number 3403.5.1.1.1, TABLE 3403.5.1.1.2, 3403.5.1.1.3 Exhibit A to Ordinance No. 1338 Page 50 of 55 ASCE 41 -06 Seismic Rehabilitation of Existing Buildings 3403.5.1.1.1, 3403.5.1.1.2, TABLE 3403.5.1.1.2, 3403.5.1.1.3 150.143 SAFETY ASSESSMENT PLACARDS. This following section is hereby added to the Code: SAFETY ASSESSMENT PLACARDS A. Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. B. Application of Provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Baldwin Park. The City Council may extend the provisions as necessary. C. Definitions Safety assessment is a visual, non - destructive examination of a building or structure for purpose of determining the condition for continued occupancy. D. Placards 1. The following are verbal descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures. (a) INSPECTED -- Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (b) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (c) UNSAFE -- Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except Exhibit A to Ordinance No. 1338 Page 51 of 55 as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. 2. This Municipal Code section number, the name of the City, its address, and phone number shall be permanently affixed to each placard. 3. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. 150.144 APPENDIX J GRADING. A. Appendix J, Grading, Section J 102 is amended to read as follows: BUILDING OFFICIAL. The Building Official for APPENDIX J, GRADING shall be the Director of Public Works (except grading around building foundation and swimming pool.). B. APPENDIX J GRADING. SECTION J106 EXCAVATIONS. This section is amended by the addition of the following: EXCAVATION AT OR ADJACENT TO SLOPES. A geotechnical report addressing slope stability shall be submitted for plan review when an excavation or construction of a swimming pool, spa, or similar structure encroaches into the projected plane of a 3:1 or steeper slope. Part 12. ADOPTION AND AMENDMENTS OF THE CALIFORNIA ELECTRICAL CODE 150.150 ADOPTION. A. The National Electrical Code (NEC), 2008 Edition, promulgated by the National Fire Protection Association, 1 Batterymarch Park, (P.O. Box 9146), Quincy, MA 02269 -9959, together with the 2010 California Amendments adopted by the California Building Standards Commission as Title 24, Part 3 of the California Code of Regulations, is hereby adopted and enacted as the primary electrical code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein subject to the following amendments and shall be known as the Baldwin Park Electrical Code. Exhibit A to Ordinance No. 1338 Page 52 of 55 B. One copy of the Codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. § 150.151 SPECIAL EVENTS. A permit shall be required for the installation of portable wiring for equipment for carnivals, circuses, exhibits, amusement rides, traveling attractions, film shoots and similar functions including wiring in, or on, all structures. 150.152 AMENDMENT The California Electrical Code is hereby amended as follows: Article 250.52, Service Grounding, is amended bV adding _the following_ provision: Notwithstanding other provisions of Section 250.52 in the 2010 California Electrical Code, the electrical service grounding electrode for new construction where concrete footings in direct contact with earth are employed shall be a bare copper conductor installed as specified in Section 250.52(A)(3) in the 2010 California Electrical: Code. 150.153 TEMPORARY WIRING. For the purpose of this section temporary wiring shall be defined as temporary electrical power and lighting installations permitted during the period of construction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities. Temporary wiring shall be removed immediately upon completion of construction or purpose for which the wiring was installed. The main service of a building or space shall not be energized to provide temporary lighting during construction. 150.154 CONDITIONAL ELECTRICAL SERVICE CONNECTION. A Conditional Electrical Service Connection may be authorized by the Building Official when in the opinion of the Building Official the need for such connection exists and such connection cannot be achieved following the standard adopted policy or process. Conditional electrical service may be terminated at the completion of a specific purpose for which the electrical connection was granted or at the discretion of the Building Official. Part 73. Adoption of the California Mechanical Code § 150.160 ADOPTION. A. The Uniform Mechanical Code, 2009 Edition, Appendices Chapter 1, Sections 112.2 — 112.2.5, A and D, promulgated by the International Exhibit A to Ordinance No. 1338 Page 53 of 55 Association of Plumbing and Mechanical Officials, 5001 East Philadelphia Street, Ontario, CA, 91761 -2816, together with the 2010 California Amendments adopted by the California Building Standards Commission as Title 24, Part 4 of the California Code of Regulations, is hereby adopted and enacted as the primary Mechanical Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Mechanical Code. B. One copy of each of the Codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park, Part 14. Adoption of the California Plumbing Code § 150.170 ADOPTION. A. The Uniform Plumbing Code, 2009 Edition Appendices Chapter 1, Sections 103.12 — 103.1.2.2, A, D, I and K, promulgated by the International Association of Plumbing & Mechanical Officials, 5001 East Philadelphia Street, Ontario, CA, 91761 -2816, together with the 2010 California Amendments adopted by the California Building Standards Commission as Title 24, Part 5 of the California Code of Regulations, is hereby adopted and enacted as the Primary Plumbing Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Plumbing Code. 3 One copy of each of the Codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 15. Adoption of the California Energy Code 150.180 ADOPTION. A. "Building Energy Efficiency Standards - Standards for Residential and Nonresidential Buildings" which incorporates Title 24, Part 6 of the California Code of Regulations as published by the California Energy Commission and the California Building Standards Commission, and is hereby adopted and enacted as the primary Energy Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Energy Code. B. One copy of the 2010 California Energy Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Exhibit A to Ordiziance No. 1338 Page 54 of 55 Part 16. Adoption of the California Elevator Safety Construction Code 150.190 ADOPTION OF TECHNICAL PROVISIONS OF CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE. A. The California Elevator Safety Construction Code, as adopted by the California Building Standards Commission as Title 24, Part 7 of the California Code of Regulations, is hereby adopted and enacted as the Primary Elevator Safety Construction Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Elevator Safety Construction Code. B. One copy of the 2010 California Elevator Safety Construction Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 17. Adoption of the California Historical Building Code § 150.200 ADOPTION. A. The California Historical Building Code, as adopted by the California Building Standards Commission as Title 24, Part 8 of the California Code of Regulations, is hereby adopted and enacted as the primary Historic Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Historic Building Code. B. One copy of the 2010 California Historical Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 18. Adoption and Amendment of the California Existing Building Code 150.210 ADOPTION. A. The International Existing Building Code, 2009 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24, Part 10 of the California Code of Regulations, is hereby adopted and enacted as the primary Existing Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Existing Building Code. B. One copy of the 2010 California Existing Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Exhibit A to Ordinance No. 1338 Page 55 of 55 §150.211 ADOPTION OF APPENDIX `A'. The following portions of the International Existing Building Code, 2009 edition or of the appendix thereto are adopted in this Chapter by reference and shall be deemed to be a part of the building code of the City of Baldwin Park. A. Chapter A -1 Seismic Strengthening Provisions for Un- reinforced Masonry Buildings. B. Chapter A -2 Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms. C. Chapter A -3 Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood -frame Residential Buildings. D. Chapter A -4 Earthquake Hazard Reduction in Existing Wood -frame Residential Buildings with Soft, Weak or Open -front Walls. E. Chapter A -5 Earthquake Hazard Reduction in Existing Concrete Buildings and Concrete with Masonry Infill Buildings. Part 19. Adoption of the California References Standards Code § 150.220 ADOPTION. A. The California Referenced Standards Code, as adopted by the California Building Standards Commission as Title 24, Part 12 of the California Code of Regulations, is hereby adopted and enacted as the primary Referenced Standards Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Referenced Standards Code. B. One copy of the 2010 California Referenced Standards Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. BALDWI N P - A � R , K CITY OF BALDWIN PARK CITY COUNCIL AGENDA NOV ITEM N0. STAFF REPORT TO: Honorable Mayor and Members of the City Council- FROM: Laura M. Nieto, CMC, Deputy City Clerkp DATE: November 3, 2010 VV.. SUBJECT: REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION (Continued from October 20, 2010) 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 June 30. 2011 New Applicants Previous two -year Applicants Socorro V. Dantic Ofelia de Guzman Benson T. Lien Nabor Gilbert Padilla Paul S, Lopez 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 Noy 2010 -046 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. 2010 -046 Attachment "B" — Commission Applications Attachment "A" Resolution No. 2010046 RESOLUTION NO. 2010 -046 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 — for the term expiring June 30, 2011 Office 4 -- for the term expiring June 30, 2011 Office 5 — for the term expiring June 30, 2011 Resolution No. 2010 -026 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 2010. 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 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) PLEA RI�SE ATTACH a C . CITY OF BALDWIN PARK uNT COPY of APPLICATION FOR CITY COMMISSION or I A UTILITY BILL AND A COPYO- F YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS ,,. +.,, ri _ �)S i i'r.11- ti'viP:P14 APPLICATION IS FOR THE FOLLOWING COMMISSION: - - -0- A separate application is required for each commission PERSONAL INFORMATION: Name Residence Address dOAO—A k' Length of time at this Address: E -mail address: S°�� —'° al �'/'✓/ / ce/% L&-1-6 3 /f 7- 7 %S7 Home Phone No.[ �� 7`�� Cel]IMessage Phone No Are you 18 years of age or older? , 7`S Are you registered to vote in the City of Baldwin Park? ?t�s Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? / o If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 d 5 6 7 8 9 (D0 11 12 High School Graduate? G.E.D.? Name and Location of Cole e or University Course of Study Degree P11/41P,,*1A1e6 C0a5_62-- � c�/�rM 12c �C/si.<lsss ,�bM�i✓f�72 �`�c� /� i v �� cr.��rclnnr� EMPLOYMENT INFORMATION 1 EXPERIENCE: Name and Address of Em Io er s Position Title Dates of Em to ment i4a1xvvv31G5 !.z v-8 a�svcri?f /' 5%P. AecoCllyr,4 `/i' P,4 ''• � AE [/ 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, S Name Address TPh6ne No. G/TD�/I��fG GC U/3 bF �c �j� hlJ /A 3333 wit /•l?t�/ tv /�D /1 - /�8 Gos'Tli �.s �Nr � /Ca • FS /� DSO_ ��7 /sf _67 0 �1 �. Al ice/ r�rrr r�x 127447, 65"_Ylk Doe - �337 - o � 7,1 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. Mo 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: ACKNOWLEDGEMENTICERTWICATION- 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 V, correct. Date Signature Do Not Write B low this Line - For City Use Only Residency verification: Mf Yes ❑ No Date: 1011111 1D Voter Registration Verification: Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name Commission Requeste 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. YhaC�n� Gil ��2 L;4%lrt 66 Cam,- i�YrUuY3�Ut<� .� 197'17 .tk C{c`i �u•� ce A 7 � UVI-A- IV A< , /a2-Pk sc A'k1L -fr c 69111 04, j-n vct� 73u iaalt I/ ur, t �We-P Ac.e,(t,xez a � 7 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. PLEASY.ATTACH A CITY OF BALDWIN PARK r CURRENT -'COPY OF P � � A.VTII iTY BILL AND APPLICATION FOR CITY COMMISSION A COPY'0080UR� And ;rry 3 3Ai.iaul(N SARK PItaTo STATEMENT OF QUALIFICATIONS {�►��'�'` �rP�f�'_ "''�'� APPLICATION IS FOR THE FOLLOWING COMMISSION: �� ii1 � CD (A senarafe anpiication is required for each commission PERSONAL INFORMATION'. Residence Add V1ne l 4— . )IAtA)l ra DC Length of time at this r/Address v: E -mail address: i L kVN ` C Home Phone No.� tfJ�� __ Cell/Message Phone No. 16)-J�s 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 andlor agency within the City of Baldwin Park ?� If yes, name of agency and position: EDUCATION: � C ircle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate ?D.? EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of Emto er s y Position Title Limes or mm iv inuw 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? iqv If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDG EMENTICERTIFICATION: I understand that upon fillag, this application becomes a public record. I certify under penalty of perjury under the liiawa/flhe State of California that the foregoing Is true and rect. 4 Date Sign tore �3 y c --S ['� '� - S; •a,'t S } s k 6 3 �``Sf`j2�13�si'.' ��`crii:. 4 d 3��`'].i. F �� £`e l3 166ilhy,rgi 4; l,. !;'_. .11. Residency verification: V Yes ❑ No Date: 1011 i Voter Registration Verification: VYes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: verification: ❑ Yes ❑ No Date: `term Named 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. kAvw he' +he, C('-� .:Lmr WOLl I&& --r, unoW) o W�1 q � Y 6t �wtnpoiunl . nn `b 1Cffirn- O V\A , �ft i "Ib 1- IN AA w T Am 0 SIJt al '\c( btu w6 cuV4 Ii4so vyi 641, w4vl 411e- c4y� ��l s . �rF ivy n lie, D or s serve. 4tt O- Date: "t I A CA hD _ � Ign tore �rW1IIAO 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. } i PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY COMMISSION TY. A COPY OF YOUR And :31",- t.)W -N, .-a �l< PHOTO [D STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION : Personnel Commission (A separate application is required for each commission) PERSONAL INFORMATION: Name Paul S. Residence Address3725 Ardilla Ave Length of time at this Address: 10 years E -mail address: paullopez,email@gmail.com Home 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? Yeg Do you currently serve as an elected or appointed official for any board and/or 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 C2 High School Graduate? Yes G.E.D.? Mount San Antonio Comm. College General - Managment one - Mgmt. Cert EMPLOYMENT INFORMATION 1 EXPERIENCE: Name and Address of Em to er s Position Title Dates of Employment 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-A pg 626-373-2444 Ex t. 2 (Work) Javier Delgadillo 2744 Gallio 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 - 05/96, E[ Monte; ACKNOWLEDGEMENTICERTIFICATION: understand that upon filing, this application becomes a public record. I certify under penalty of edury under the la%,is of the State of California that the foregoing is true an' d_�6 e October 7, 2010 °�-- Date Signature Residency verification: f? Yes ❑ No Date: 10 111 IV Voter Registration Verification: Ef Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residencv verification: ❑ Yes ❑ No Date: Term expires: Name Paul S. Lopez Commission Requested: Personnei Commission STATEMENT OF UALIFICATIONS: Vse this space to list your goals and objectives and why you feel you should be appointed to the commission for which yov 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 LLP, 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. have worked the full spectrum of the employment cycle - interview, hire, orientate, develop, promote, discipline, terminate and exit employees during my tenure. I 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, tune 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 provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current pr oof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY CQ }M l[S, 10 PARK A COPY OF YOUR And Ij OCT PHOTO IC STATEMENT OF QUALIGATI4NSr pE Spy L IVIMI$;S�bN `' APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate application is required for each commission) PERSONAL INFORMATIO : v1 y ")&nL, Name ! r) Residence Address Length of time at this ddres : q&aiI addross: � �� " �+ Homo Phone No. Cell /Message Phone No. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? Do you currently servo as an elected or appointed official for any board and/or agency within the City of Baldwin Park? A If yes, name of agency and position: EDUCATION; Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 n High School Graduate? G.E.D.? Name and Location of Collecie or Universily Course of Studv Degree ,' EMPLOYME=NT INFORMATION 1 EXPERIENCE: Name and Address of Emplonr(sl Position Title i Dates of Employment 1JA . Y' t I 0 %! h i REFERENCES: Please provi . the names of two ( @) persons, who are not City of Baldwin Paris Elected or Appointed Officials and who can comment on your capabilities and character. Name Thone No. Tom J -I _y 9-t-purt, 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 SEEN 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; 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 to and correct. L/ Date Signature uz Do Not Write Below this Line'- For Cit Use Only Residency verification: i/ Yes ❑ No Date: 10 ! i '� Voter Registration Verification: Yes ❑ No Residency verification: ❑ Yes ❑ No Date, Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: I Name )E:d�la,%44 �J +'� � Commission Requested: POY50Y)nk9d 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. Ccyyl YK4J-O'(' tA— W BJ7e&;A f ��?-L --�6- r' 1, LOS `.g i�4 rTA n k Yam Date: 'gnakure 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. E-2 PLEASE-ATTACH-A CITY OF &A LDWIN- PARK CURRENT COPY OF - A UTILITY -BILL ANCF APPLICATIOU FOR CITY COMMISSION- Ad 60 Y 6F'_Yld 0 k 7 And, 131AIS00,741 PARK F1 - A- ESOLJi CES DEPT PHOTO-ID- STATEMENT OF -'Q'JUAU ONSJU`.� `- ];PERSONNEL 60"kIMl iS!"S"I 0 N APPLICATION -IS - FOR -THE FOLLOWING-COMMISSION: 6 (A-seDarate-aDDI!cation-is-reauire-d-for-eacii-comrnission) 74111il1 OCT - z Tfl tj: 26 < PEPWPNA� JNFPRM4TJPN: Name- Length of time at this Address1 ffi-La-IE-mail address: �L 9c' Home Phone No. Cell/Message Phone No. -G)-G- sLA o evi L-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? yt name of aoepc y and pqsitl6n• FPW!::ATIQN: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 110 High School Graduate? G, E. D,? Name and Location of College or University Course of Study Deciree 06A ?M�j VOVA GA 0. V Q_( -'s k' q'A 1%LwA-5 'I C �.L�r IL 9MPJ-QYMRNT 1NFPRM4T1QN I PXPF-RJ9NPE' Name and Address of Emplover(s) Position Title Dates of Emig yment kNxhv'-'� Y, vyxv\t OS-2-b - D > REFERENCES: Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can Pqrfl.'rPP!4 on YPLIF PPP*j1jl* and PhArx0r• Name Address Phone No. LA qo�"k \-J-'0fA ULD ��Ljl�Nu `6 2_7 U "-Iri W-COJti`Ae- 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 ER BEET i'660i6TED 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: ACKNOWLEDGEMENTICERTIFIGATION. I understand that upon filing, this application becomes a public record. I certify under penalty of perju"" under the laws of the State of California that the foregoing Is truelandieNrrect. Pate �-5 jg T) at ji ne Do Not.WriW13e16w this, ine or I . L' F Git�. �Qse.'Ohlk _W_Y;s_ffl Residency verification: 12(Yes ❑ No Date: Bd I I IV) Voter Registration Verification: No Residency verification: ❑ Yes B No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Tenn expires: Name tQ� �� Commission Requested: "WJSDYt>,'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. 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. I know that I plan on raisin m child in Baldwin Park. As a mother I ho a to set an exam -le form child as well as other residents. So I decided to pursue something that's always interested me. believe holding 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. I 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 enjoy writing and also working with people. I am able to multi -task and have excellent communication skills. I am friendly, outgoing and highly ambitious and love helping others. I got into Journalism in ha es of changing one's erce tions and opening their eyes up to the occurrences in our world. I enjoy working in the news industry but now that I am a mother, I 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. 1 hope that my apl2fication is considered and look forward to learning more about the position. I know that I could bring a new voice perspective and fresh outlook to the meetings. Thank you, Karla Angulo -Tover Date: j0 ° " 0 �k 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 ICpa8 @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 2007 -2009 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 Writer/Producer 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 audiolvideo as story changed, coordinated live shots with field 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 2006 -2007 Produced two hour morning news show, created show rundowns, researched and wrote news stories, tinned 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 Denver, CO. News Apprentice/News Whiter 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, clubs. 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. piled, answered phones and directed calls. Made copies, distributed materials to team 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, o Self Starter, team player. • Proactive and effective managing skills. • High level of organizational skills. o Excellent verbal and written communication skills. o Able to coordinate and develop multiple projects. o Computer literate, Internet savvy, Xerox, fax, Dictaphone & PBX switchboard. • Microsoft office, Word, Power Point, Excel, Strata SBMS & INEWS. • Quark Express, Adobe Photoshop, spreadsheet training & data entry. PLEASE A'TT'ACH A CITY OF BALDWIN PARK R J �`� : cuRRI NN'T cOPY.9P APPLICATION FOR CITY COMMISSION %�� A UTILITY PILL ANA APR 3 0 2009 A COR'y O"I Y❑UR And PHOTO ID STATEMENT OF QUALIFICATIONS r y� — ire PERSONNEL CO'M f�i idN APPLICATION IS FOR THE FOLLOWING COMMISSION: �(R se arafe application is re wired for each Gon7rwssion PERSONAL INFORMATION: Name C Residence Address Length of time at this Address: 1 mail address: Home Phone No.}6J �- °��° °z Cell/Message Phone No, 2-S Ara you registered to vote in the City of Baldwin Park? Are you 18 years of age ar older. 9 Do you currently serve as an elected or appointed official for any board and/or agoncy within the City of Bal&J11 Park? �D if yes, name of agency and position- - EDUCATION: J�%5 CG c 2 High School Graduate ? Circle Highest grade you completed: 1 2 3 4 5 8 7 8 9 10 11 12�5 G- E•D• ?__. / �� /� � � •f . �j C�r�>ti EMPLOYMENT INFORMATION i EXPERIENCE: Name and Addre .2_Em to er s Position Title ` hates of Em Io rng ay a G•!rI s7 X/� REF ENCES Please pravida the Haines of two (r�i) persans, vrho are not City of 13a4dvrin Park Elected ar Appointed Officials and vrho can comment on your capabilities and character. a� / t5 (a 7 � 3 t' _ z% 3 2� 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: Date ACKNOWLEbGENIENTICERTIrICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under tho laws of the Slate of California that the foregoing is true and correct. Suture M � Residency verification: ❑ Yes Z No Date :,5r1(P /6 i Voter RegisEration Verification Residency verification: ❑ Yes ❑ No Date:_ Appointment date: Residency verification: ❑ Yes ❑ No 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. hC cC�S/ Corn o�t�i� Ct' C-Ll AID ` -� '� Lam- GLd.[!/f_�✓iJ Ci� .- � s{= L{ �f`'�'7 Q�J�t 4-1 / r7 � C.sit.�` —= -'"- 5•sg 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 residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. Ofelia de Garman 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 E XPERIE NCB, Surface Protection Industries, Inc, 3440 B 10 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 stafl''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 11ark Boulevard, City of Industry, CA 9t749. 1991 - Aug. 1998: Position: General Accountant. Assisted the CEO 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 iinprove department performance. .1981- 1996: Position: Accounts Payable Supervisor. i 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. Q Suggested procedure changes to improve department performance. Mosltatel's Ine., 718 S. Wall Street, Los A ugeles, CA 90011 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. 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. b 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. 0 Customer account reconciliations. ® Verification of pricing, proof of deliveries, shortages and freight claims. 9 Other general office and accounting functions as required. SPECYAL QUALIFICATIONS o Extensive experience in office management and all accounting functions with the ability to operate all standard office equipment. ® Ability to learn new methods and procedures rapidly. Highly motivated, results oriented regardless of obstacles. a A demonstrated records of achievements. Personal qualities include dependability, initiative, drive and ability to work independently, ability to get along well with people. + Extensive experience with computer associates PIWS package on AS400 in Accounts Payable along with other accounting functions. + Ability to operate standard office equipment. 4 Familiar with various computer programs, Excel, lotus 1 -2-3 and Client Access. EDUCATION College Degree in Bachelor of Science in Elementaiy Education, Plrilippines Nonnal College, Manila. Citrus College; Accounting X and Accounting II. Computer Classes, various management and accounting seminars. SALARY 0 Negotiable REFER..ENCES ;Burnished upon request. PLEAS' ATTACH A CITY OF BALDWIN PARK EC14E 9 t CURRENT copy OF APPLICATION FOR CITY COMMISSION A UTILITY BIQ— AND And APR 1 4 2001 A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: PrnRSONNI~IG . - ��.,I��`� . 'AftWrNT A separate a fieaiian is required for each commission] PERSONAL INFORMATION: ,� Residence Address_„ Length of tine at this Address:_" Yf E-mail address; _JN Home Phone No. (l,Z(A,.0 Cell /Message Phone No. to 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 elect123 ointed offtclat for any board and/or agency within the City of Baldwin Park) if yes, name of agency and position: - -- EDUCATION: C'srcle Highest grade you completed: 1 2 3 d 5 6 7 8 9 10 11 1�Kigh oo l Graduate? G,E,D,? EMPLOYMENT INFORMATION 1 EXPERIENCE: v 11 _ - REFERENCES,. Please provide the names of two ( @) persons, who are not City of Bold I Pdrk'?lected or Appointed `Df clefs fnd who can comment on your capabilities and character. IMPORTANT: bead the following carefully and answer completely. A conviction is not an automatic oar to appointment, r_aun caziU considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION ?_�t_a If yes, Please list all offenses, date and place of offense(s), and sentenceliine received: ACKNOWLEDGEPdENTICERTIFICATION: I understand that upon filing, this application becomes blic record. I certify under penalty of perjury under the laws of the Sta of Califo that the foregoing Is tru nd c rrect. L Q w � Date Signature Mow, Residency verification: Yes + ❑ No Date: -�7 1V M Voter Registration Verification: Yes ❑ No Residency verification: ❑ Yes ❑ No Data, _____T Appointment date: Residency verification: 11 Yes 0 No Date: `Perm expires: t Commission Requested Nam a 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. 2-, 4 e U S 02 Y" Y 16 A -r� ilii&AA myn ll. - i2 - J Y�- — , Q CLI'1 sC! Date: tDot 1�t37 l v, 1t }i Signature ti ava5 V-�— �Qf Ks) 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 witl 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. AGENDA BALDWI N PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING November 3, 2010 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 Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - 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 — November 3, 2010 Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco 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 October 20, 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. October 28, 2010. Laura M. Nieto, CMC Deputy City Clerk Community Development Commission Agenda — November 3, 2010 Page 2 COMMUNITY DEVELOPMENT COMMISSION AGENDA 2010" Item No. COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK Nov. 3, 2010 WARRANT REGISTER NO. 724 REPORT: CHECKREG GENERATED: 15 APR 09 11:44 RUN: WEDNESDAY OCT272010 11:16 PAGE 3 CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 13230 - 13230 BANK CHECK # CHECK AHT CHECK DATE VENDOR # ADDRS # VENDOR NAME CHECK STATUS WO # AMOUNT G/L ACCT # DESCRIPTION INVOICE # INV VEND 2 13230 $3500.00 10/21/10 08688 0 ALESHIRE & WYNDSR LLP 3500.00 034 -00- 000 - 51201- 14900 -2 CNTRL BUS DIST -THRU 8/31 14871 TOTAL # OF ISSUED CHECKS: 1 TOTAL AMOUNT: 3500.00 TOTAL # OF VOIDED /REISSUED CHECKS: 0 TOTAL AMOUNT: 0100 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF UNISSUED CHECKS: 0 3 COMMUNITY DEVELOPMENT COMMISSION AGENDA NI 3 _, 2010 MINUTES Item No. a CITY OF BALDWIN PARK ptn,f.. WEDNESDAY, OCTOBER CITY COUNCIL & COMMUNITY 20, 20'10 DEVELOPMENT COMMISSION _ t n 5 :00 p.m. City Hall - Room �`� ?�. I y sal ° *�tb 1►NU��hl 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Ricardo Pacheco, Mayor Pro Tern 1 Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Councilmembers 1 Members Maria Contreras, City Treasurer Alelandra 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: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Chair Lozano. Absent: Vice Chair 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; Un-represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 -004 -059 Henry H. and Kao Chang 4212 Maine Page 1 of 3 8437 - 004 -060 J &J Warehouse Co. 1 Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 - 004063 J &J Warehouse Co. / Newman Tek Capital N/A 8437 - 004064 J &J Warehouse Co, I Newman Tek Capital 14467 Ramona 8437 - 004 -065 J &J Warehouse Co. 1 Newman Tek Capital 14519 Ramona 8437 - 004 -066 J &J Warehouse Co. 1 Newman Tek Capital 14483 Ramona 8437 - 004 -067 J &J Warehouse Co. 1 Newman Tek Capital 14455 Ramona 8437 - 004 -068 Bank of America 14409 Ramona 8437 - 004 -069 J &J Warehouse Co. 1 Newman Tek Capital 4124 Maine 8437- 004 -070 Roxbury Properties 4124 Maine 8437 -004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) Properties: 8554 -001 -806 N/A 8554 - 001 -807 NIA 8554001 -808 14436 Ramona Blvd. 8554 -001 -809 14436 Ramona Blvd. Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: GTE California, Inc. Under Negotiation: Price and terms of payment 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION Page 2 of 3 Reconvened in open session with all members 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 1 Commission at their meeting held November 3, 2010. Laura M. Nieto, CIVIC Deputy City Clerk Page 3 of 3 MINUTES CITY OF BALDWIN PARK - p,Li,,, WEDNESDAY, OCTOBER COMMUNITY DEVELOPMENT a� :n�;��`�� 20, 20'10 COMMISSION 4' 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro TemNice Chair Marlon Garcia, Monica Garcia, Susan Rubio Council Members /Members 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 Marlon Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco, 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 Marlon Garcia. 1. MINUTES Commission approved the minutes of the October 6, 2010 meetings (special and regular.) 2. COMMUNITY DEVELOPMENT COMMISSION City Council received and filed. Vice Chair Pacheco complimented staff on the report on the activities and duties of the Community Development Commission Page 1 of 2 ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:55 p.m. Approved as presented by the Commission at their meeting held November 3, 2010. Laura M. Nieto, CIVIC Deputy City Clerk Page 2 of 2