HomeMy WebLinkAbout2010 12 15NOTICE AND CALL
OF
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, DECEMBER 15, 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: December 9, 2010
AFFIDAVIT OF POSTING
r=14'100 17
Manuel Lozano
Mayor
1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the
aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to
follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as
required by law on December 9, 2010.
Laura M. Nieto, CMC
Deputy City Clerk
D
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSIO
SPECIAL MEETING
. 11 •
2010 j
CITY HALL — 3rd Floor, Conference Room 307
14403 EAST PACIFIC AVENUE
EALMflAI PARf:, CA 91706
(626) 960 -4011
Manuel Lozano -
Mayor /Chair
Marlen Garcia -
Mayor Pro Tem/Vice Chair
Monica Garcia -
Council Member /Member
Ricardo Pacheco -
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 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.
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SPECIAL MEETING — 6:00 P.M.
CALL TO ORDER
ROLL CALL: Council mern be rs/Mern be rs: Monica Garcia, Ricardo
Pacheco, Susan Rubio, Mayor Pro Tern/Vice Chair
Marlen Garcia and Mayor/Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (q) minutos sera e/ 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
11410 action may be talKen 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") Lr--'Jl:rect 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 INTERPRETS
No se podra tomar acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista algclna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fjar asuntos para tomar en
consideraci6n 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 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. December 9, 2010.
'I ' VO
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, 2" d Floor Lobby Area or at the Los Angeles County Public Library
in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at
626.960.4011, ext. 466 or via e -mail at Inieto(a�,baldwinpark.com
I
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
Ivvill enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA
TITLE II)
A
December 15, 2010
7:00 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
toem) 960 -40 11
s
Manuel Lozano - Mayor
Marlen Garcia
Monica Garcia
Ricardo Pacheco
- Mayor Pro Tem
- Councilmember
- Councilmember
Susan Rubio - Councilmember
PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS 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.
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CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Monica Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tern Marlen Garcia and Mayor
Manuel Lozano
Eel
PROCLAMATIONS_ COMMENDATIONS R PRESENTATIONS
• Plaque presentation to outgoing u pp er San Gabriel Valley Municipal Water District
Board member Alfonso Contreras
• Plaque presentation to Graciela Aguilera of St. John the Baptist in recognition of her
retirement
• Recognition of the Baldwin Park Police Department Holiday Card Contest winner Evelyn
Montenegro; Marie Cruz - 1st Place adult entry and Vyolet Prado, 1st Place teen entry
• Presentation of gavel to outgoing Mayor Pro Tern Ricardo Pacheco
• Presentation by Baldwin Park Emergency Services Coordinator Daniel Rodriguez on
the City's emergency preparedness plan
• Presentation by the Local Government Commission on the findings and
recommendations of the report entitled, `Plan to Improve Corridors and Neighborhood
Connections in Baldwin Park"
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 SERV ICES 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 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 proximal. [Codigo de Gobierno §54954.2]
City Council Agenda - December 15, 2010 Page 2
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends City Council receive and file.
2. PROPOSED RECOGNITION BY THE MAYOR AND CITY COUNCIL
Staff recommends City Council approve the preparation and presentation of the
plaques, proclamations and certificates, as outlined in the staff report.
3. MINUTES
Staff recommends City Council approve the minutes of the November 17, 2010 meeting
(regular) and the December 1, 2010 meeting (special.)
4. CLAIM REJECTIONS
Staff recommends City Council reject the claims of Danny Laurel and Barbara Sheinutt
and direct staff to send the appropriate notice of rejection to the claimants.
5. CONSIDERATION TO CANCEL THE LEGISLATIVE BODY MEETINGS OF
JANUARY 5, 2011 (See related Item on the Community Development Commission agenda)
Staff recommends City Council and Community Development Commission cancel the
January 5, 2011 meetings and direct the City Clerk to post the appropriate notices of
cancellation.
6. 2ND READING OF ORDINANCE NO. 1337
Staff recommends City Council waive further reading, read by title only and adopt on
second reading Ordinance No. 1337 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.316 OF AND
ADDING SECTIONS 153.317 AND 153.317.5 TO THE BALDWIN PARK MUNICIPAL
CODE RELATING TO THE REDEVELOPMENT OVERLAY."
7. 2ND READING OF ORDINANCE NO. 1347
Staff recommends City Council waive further reading, read by title only and adopt on
second reading Ordinance No. 1347 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 39
TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO RULES OF DECORUM
AT COUNCIL MEETINGS."
8. PURCHASE OF IN -CAR DIGITAL CAMERA SYSTEMS
Staff recommends City Council 1) waive the formal bidding process pursuant to Section
34.23(c) of the Baldwin Park Municipal Code for the purchase of L3 Mobile- Vision Inc.
system; 2) direct the Chief of Police to work in conjunction with the Finance Director to
complete a budget appropriation for the amount not to exceed $227,759.02 for a capital
purchase from the Asset Forfeiture fund, and designate $227,759.02 for restricted
purchase of the new police department equipment; and 3) authorize the Chief of Police
or her designee to complete all appropriate documentation to complete the purchases.
City Council Agenda — December 15, 2010
Page 3
9. AWARD A CONTRACT TO HONEYWELL FOR DESIGN / BUILD SERVICES FOR (1)
HVAC CONTROL SYSTEM AND MECHANICAL EQUIPMENT UPGRADE AT CITY
HALL AND (2) PHOTOVOLTAIC SOLAR POWER SYSTEM AT MORGAN PARK
Staff recommends City Council 1) award a contract to Honeywell to perform Design /
Build Services for the upgrade to the City Hall's HVAC system in an amount not to
exceed $400,786; and 2) award a contract to Honeywell to perform Design / Build
Services for the installation of a photovoltaic system in an amount not to exceed
$125,000; and 3) authorize the Chief Executive Officer to finalize and execute both
contracts per the above stated limits providing staff time to ensure details related to
Federal and EECBG guidelines are complied with.
10. ANNUAL STATEMENT OF INVESTMENT POLICY
Staff recommends City Council receive and file the Statement of Investment Policy for
fiscal year 2010 -2011.
11. AWARD A CONTRACT TO DESIGN A CONNECTOR BRIDGE FOR THE TRANSIT
CENTER TO WATRY DESIGN, INC. IN AN AMOUNT NOT TO EXCEED $78,340
Staff recommends City Council 1) award a contract to design the connector bridge to
Watry Design, Inc. in an amount not to exceed $78,340; and 2) authorize the Mayor to
execute the agreement.
12. MONTHLY FINANCIAL REPORT - NOVEMBER 2010
Staff recommends City Council receive and file the monthly financial report for the
period ended November 2010.
13. STATUS ON THE PREVENTION OF ALLEY ILLEGAL DUMPING PROGRAM
Staff recommends City Council receive and file the report, and authorize staff to
proceed with program objectives as outlined in the Cal - Recycle grant and as
recommended by staff.
REPORTS OF OFFICERS
14. ADOPTION OF RESOLUTION NO. 2010 -050 CASTING THE CITY'S VOTES FOR A
REPRESENTATIVE TO THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY
(Continued from November 17, 2010)
Staff recommends City Council determine which candidate they wish to cast their votes
for and waive further reading, read by title only and adopt Resolution No. 2010 -050
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, CASTING ITS EIGHT (8) VOTES FOR TO
REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON
THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY."
15. RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS
OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF
APPOINTMENTS TO ESTABLISHED IN -HOUSE COMMITTEES; CREATION OF AN
IN -HOUSE AUDIT COMMITTEE
Staff recommends City Council: 1) review and appoint members to the positions of
representatives and alternates of the established committees and organizations and
adopt Resolution No. 2010 -055 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES
AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY "; 2) review
Committee in -house appointments and appoint members as representatives to the
City Council Agenda — December 15, 2010 Page 4
established committees; and 3) create an in -house Audit Committee and appoint two
Council Members to serve on the committee.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
• Request by Mayor Lozano for discussion on the following:
Council discussion on the 2011 State of the City Address date and program
• Request by Council Member Pacheco for discussion on the following:
Council discussion and consideration of development of a strategic execution plan for
the implementation of the Smart Streets Task Force recommendations
• Request by Council Member Rubio for discussion on the following:
1) Request for an update from Chief Hadsell on the status and findings of the
�- investigation into allegations regarding Royal Coaches;
2) Council discussion and direction to staff to pursue possible grant opportunities
that would help the city /school with a Joint - use- proiect for a CNG pumping
station
I
ADJOURNMENT
CERTIFICATION
I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of
perjury under the laws of the State of California that the foregoing agenda was posted on the
City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 9th day of
December 2010.
��
Laura M. Nieto
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2 n 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 II)
City Council Agenda — December 15, 2010 Page 5
11
Im
BALDWIN
P'A,R,K
TO:
FROM:
DATE:
SUBJECT:
7l1C490
DEC 15
ST,kFF REPOT
Honorable Mayor and Members of the City Council
Lorena Quijano, Finance Director q
December 15, 2010
Warrants and Demands
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 192971 - 193024
Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of
City Employees from control numbers 211842 — 212100 for the period of November 14,
2010 through November 27, 2010 inclusive, have been presented and hereby ratified, in
the amount of $395,656.87.
General Warrants, including check numbers 183212 to 183453 inclusive, in the total
amount of $575,143.25 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.
RECOMMENDATION:
Receive and File
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FROM: Vijay Singhal, Chief Executive Officer
DATE: December 15, 2010
SUBJECT: Proposed Recognitions by the Mayor and City Council.
cs i��nee
The purpose of this report is to seek approval of the City Council of requests for
plaques, and certificates; 1. recap proclamations and certiric;ates; and td recap approved emergency requests.
REQUESTS /RECAP
The following requests for plaques and certificates were received:
RECOMMENDATION
It is recommended that the City Council approve the preparation and presentation of the
above plaques, proclamations, and certificates.
Time /Date /Place of
Date Needed
Requested By
List of Honorees
Presentation
Mayor Lozano
Beverly Gonzalez, BPUSD
7:OOam /December 6"
Plaque
Teacher of the Year
Santa Fe School
12 -6 -10
recognition
Baldwin Park
USA Swim Team &
7:OOpm /December 7 1h
Plaques
Aquatics
People's Republic of
ARC
12 -7 -10
China, Chengdu Swim
Association — Duel Swim
Meet between China &
USA youth teams
Mayor Lozano
Mayor of Tijuana, MX and
December 11 th
Plaques
Mayor of Rosarito, MX —
Mexico
12 -11 -10
Mayor Lozano's visitation
to Mexico
Mayor Lozano
Gabriela Aguilera, St John
7:OOpm /December 15 th
Plaque
the Baptist retirement
Council Chambers
12 -15 -10
recognition
Mayor Pro Tern
Al Contreras, years of
7:OOpm /December 15 1h
Plaque
Marlen Garcia
service on the Upper SGV
Council Chambers
12 -15 -10
Municipal Water District
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
MINUTES
Manuel Lozano, Mayor /Chair
Ricardo Pacheco, Mayor Pro Tem /Vice 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.
INVOCATION
Led by Mayor Pro Tern Pacheco
PLEDGE OF ALLEGIANCE
ANNOUNCEMENTS
Mayor Lozano adjourned in memory of fallen Riverside Police Officer Ryan
Bonaminio and Rodney McPhearson, BPUSD employee
Council Member Rubio also expressed her condolences to the McPhearson
family
Council Member Monica Garcia also expressed her condolences to
the McPhearson family, noting the contributions and commitment that Mr.
McPhearson made to the community.
She also closed in memory of Elia Silvas, mother of Christina Berumen, BPUSD
employee
Council Member Monica Garcia spoke about the recent Veteran's Day event
and thanked all those who have served, including several family members of her
own family.
Council Member Rubio said that she had met with some of the Veteran groups
and suggested that they offer some sort of dedication to the long- standing groups
the community when the new trees were planted
ROLL CALL
Present: Mayor Lozano, Councilmember Monica Garcia, Councilmember
Rubio, Mayor Pro Tern Pacheco.
Absent: Councilmember Marlen Garcia.
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.
Council Member Marlen Garcia was excused
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Recognition of BPACE honorees by the California Council for Adult
Education Jeff Palmer; Denise Tornatore; Rachel Ramos and Ana M.
Rubalcava
Mayor Lozano introduced the honorees and presented them with certificates of
appreciation. Ms. Rubalcava congratulated Mayor Lozano for being the
recipient of the Joe Smith Award for supporting adult education. Ms. Tornatore
also spoke about the Mayor and Councils' support of adult education.
Mayor Lozano asked that their names and photos be placed in the NOW
Recognition of the 2010 Senior Prom King Joe Orozco and Queen Esperanza
B. Herrera
Mayor Lozano, joined by Council, Clerk and Treasurer presented the King &
Queen with plaques and flowers. Mayor Lozano requested that their photo be
placed in the NOW
PUBLIC COMMUNICATIONS
James Hunley spoke about the towing contract with Royal Coaches and the
public bidding process, his attendance at meetings and other matters
Ken Woods, resident and business owner spoke about the recent Veterans Day
events and thanked the city for its recognition of veterans
Maria, representing Hadley Tow expressed interest in possibly bidding on the
City's towing contract
Thomas Cary, resident spoke about Royal Coaches; transit routes on the north
side of town; animal control and animal shelters
Greg Tuttle, business owner made comments about Mayor Lozano
Council Member Monica Garcia said that when she came to Council meetings,
she was there to conduct City business. She encouraged those in attendance who
addressed the Council to do the same. She asked the City Attorney to begin to
lay ground rules to address the disrespectful and and unnecessary allegations that
were being made.
She continued that the Council welcomed public communications and public input
because it was the right of the public to do so, but asked that it stick to city
business. She noted that other cities enforced a similar sort of rule. She was not
trying to impede on free speech, but this was not the right venue to cast
allegations and accusations. She continued that the Council did not cast
allegations or take their comments to a personal level because they were there to
conduct City business.
Margarita Vargas, resident expressed her disappointment with the conduct of
speakers. She publicly asked the City Attorney to draft rules of decorum
Public Communications were closed at 7:41 p.m.
Mayor Lozano commented that there were individuals who hated the City of
Baldwin Park. He stated that people had rights and that no one was prohibited
from making comments. He addresser) the actions of speaker Tuttle and stated
that he had no respect for those who displayed hatred for the city.
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR with the exception of Item #7
Moved by Mayor Lozano, seconded by Councilmember Monica Garcia.
City Council received and filed.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR
THE PERIOD OF NOVEMBER 17, 2010 THROUGH NOVEMBER 30, 2010
City Council approved the preparation and presentation of the proclamations,
plaques and certificates as outlined in the staff report.
3. MINUTES
City Council approved the minutes of the November 3, 2010 meetings (special
and regular) and the November 8, 2010 meeting (special.)
4. 2ND READING OF ORDINANCE 1338 ADOPTING 2010 CALIFORNIA
BUILDING CODE (CBC,) 2010 CALIFORNIA GREEN BUILDING CODE, AND
2009 INTERNATIONAL BUILDING CODE (IBC)
City Council waived further reading, read by title only and adopted on second
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."
5. DESIGNATION OF THE BALDWIN PARK PLANNING COMMISSION AS THE
BODY TO DETERIV111"IE IF THE PUBLIC CONVEIR'IENCE AND NECESSITY IS
WARRANTED FOR THE ISSUANCE OF DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC) ON AND OFF -SITE LICENSES IN OVER -
CONCENTRATED CENSUS TRACTS AS DETERMINED BY ABC IN
CONJUNCTION WITH THE CONDITIONAL USE PERMIT PROCESS
City Council waived further reading, read by title only and adopted Resolution
No. 2010 -048 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK DESIGNATING THE BALDWIN PARK PLANNING
COMMISSION AS THE BODY TO DETERMINE IF THE PUBLIC
CONVENIENCE AND NECESSITY WILL WARRANT THE ISSUANCE OF A
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE IN AN
OVER - CONCENTRATED CENSUS TRACT."
6. RESOLUTION IN SUPPORT OF "BUSINESS- FRIENDLY PRINCIPLES" AS
PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA
ECONOMIC GROWTH STRATEGY
City Council waived further reading, read by title only and adopted Resolution
No. 2010 -051 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, STATE OF CALIFORNIA, IN SUPPORT OF
BUSINESS - FRIENDLY PRINCIPLES AS PART OF SCAG'S DEVELOPMENT
OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY."
Mayor Lozano pulled this item from the Consent Calendar and it was continued to
the December 1, 2010 meeting
7. ACQUISITION OF A PORTION OF VERIZON PROPERTY
8. AUTHORIZE ADDITIONAL WORK ON THE RAMONA B PROJECT BY THE
CONSTRUCTION CONTRACTOR, PAVEWEST CONTRACTING COMPANY,
UNDER THE EXISTING CONTRACT AT NO ADDITIONAL COST TO THE CITY,
AND AUTHORIZE ADDITIONAL COMPENSATION TO DEL TERRA TO
EXPAND CONSTRUCTION MANAGEMENT FOR THE ADDED
CONSTRUCTION NOT TO EXCEED $16,800
City Council authorized staff to direct the Ramona B Construction Contractor to
proceed with improvements on Ramona Boulevard and authorized the Chief
Executive Officer to approve a Construction Management Contract to oversee
the added improvement in an amount not to exceed $16,800.
9. APPROVE SPECIFICATIONS AND AUTHORIZE STAFF TO SOLICIT BIDS
FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT
City Council approved the specifications and authorized staff to solicit bids.
REPORTS OF OFFICERS
10. ADOPTION OF RESOLUT ION 20110-050 CASTING THE CITY'S VOTES
FOR THE REPRESENTATIVE TO THE SAN GABRIEL BASIN WATER
QUALITY AUTHORITY
At Mayor Lozano's request and with Council consensus, this item was tabled.
11. ROYAL COACHES FRANCHISE AGREEMENT (Continued from November
3, 2010)
Chief Hadsell presented the report
Mayor Pro Tern Pacheco inquired about the negative impact to the general
fund and asked what it as estimated to be. Chief Hadsell reported that the
future negative impacts to the general fund could not yet be determined, the
figures were based on 2009 figures. Mayor Pro Tern Pacheco requested that
this item be brought forward when the time and motion study was completed to
see the impacts on the residents.
12. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF
APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION
(Continued from November 3, 2010)
Motion: Table
Moved by Mayor Lozano, seconded by Councilmember Rubio.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
* Request by Mayor Pro Tern Pacheco for discussion on the following:
Request for discussion and direction to staff to submit an application to the
Urban Land Institute (ULI) LA Transit Oriented Development Technical
Assistance Panel (TAP) for a Transit Oriented Development Project in the City's
downtown. The Technical Assistance Panel(TAP) will provide support and
advisory assistance to key transit stations selected. Estimated cost of the
project is $50,000 with a $10,000 commitment from the selected agency.
Mayor Pro Tem Pacheco spoke about this item and asked staff to move
forward to see if the City was eligible to apply for this matter
* Request by Council Member Monica Garcia for discussion on the
following:
Request for discussion and direction to staff to submit an application to the
Urban Land Institute (ULI) LA Transit Oriented Development Technical
Assistance Panel (TAP) for a Transit Oriented Development Project in the City's
downtown. The Technical Assistance Panel (TAP) will provide support and
advisory assistance to key transit stations selected. Estimated cost of the
project is $50,000 with a $10,000 commitment from the selected agency.
Council Member Monica Garcia thanked the San Gabriel Valley Economic
Partnership for forwarding this opportunity to the Council. She said that she
would love to see the City apply for these funds for a transit oriented district.
She spoke about the recent Safe Routes to School grant that the City
received for traffic improvements around schools.
Council Member Rubio expressed her agreement with her Council
colleagues, noting the wonderful job that staff does when it came to pursuing
grants. She supported the pursuit of these funds
There being no other matters for discussion the meeting was adjourned in
memory of Ryan Bonaminio, Rodney McPhearson and Elia Silvas at 7:53 p.m.
Approved as presented by the Council at their meeting held December 15, 2010.
Laura M. Nieto, CMC
Deputy City Clerk
CITY OF BALDWIN PARK
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
MINUTES
WEDNESDAT, DECEFTWB_�,
01,2010
6:00 p.m. City Hall - Room
307
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor / Chair
Ricardo Pacheco, Mayor Pro Tern / Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio
Councilmembers / Members
Maria Contreras, City Treasurer Alejandra Avila, City Clerk
The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of
Baldwin Park met in SPECIAL SESSION at the above time and place.
CALL TO ORDER,
ROLL CALL
Present: Council Member / Member Marlen Garcia, Council Member /
Member Monica Garcia, Council Member / Member Rubio, Mayor
Pro Tern / Vice Chair Pacheco, Mayor / Chair Lozano.
Absent: None.
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
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
8437 - 004 -065
8437 - 004 -066
8437 - 004 -067
8437 - 004 -068
8437 - 004 -069
J &J Warehouse Co. / Newman Tek Capital
J &J Warehouse Co. / Newman Tek Capital
J &J Warehouse Co. / Newman Tek Capital
J &J Warehouse Co. / Newman Tek Capital
Bank of America
J &J Warehouse Co. / Newman Tek Capital
8437 - 004 -070 Roxbury Properties
8437 - 004 -959 Baldwin Park Co. Water District
Negotiators: Vijay Singhal and Joseph W. Pannone
Negotiating Parties: Above -named property owners
Under Negotiation: Terms and conditions
14467 Ramona
14519 Ramona
14483 Ramona
14455 Ramona
14401 Ramona
4124 Maine
4124 Maine
14521 Ramona
3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION
GC §54956.9(b)
One (1) Case
RECONVENE IN OPEN SESSION
The Council / Commission reconvened in open session with all members present
No reportable action was taken
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned at 7:03
p.m.
Approved as presented by the Council / Commission at their meetings held
December 15, 2010.
Laura M. Nieto, CMC
Deputy City Clerk
EFFIEM-W
P A - R- K
I- ff, QF
�f1trAr0IM- -TATIV# I
I
DEC
ITEM NO.' J
AGENDA STAFF REPORT
This report requests the City Council reject the Claims for Damages to Person or
Property received for filing against the City.
In order for the statute of limitations to begin on the claims received, it is necessary for
the City Council to reject the claims by order of a motion and that the claimants are sent
written notification of said action.
Staff recommends City Council reject the claim of Danny Laurel and Barbara Shelnutt
and direct staff to send the appropriate notice of rejection to claimants.
Attachment(s)
Claim filed by:
• Shellnutt, Barbara DOL: 06/02/10
• Laurel, Danny DOL: 11/30/10
Fe Re CITY OF BALDWIN PARK
BAILDWIN CLAIM FOR DAMAGES
OR PROPERTY
INSTRUCTIONS
1. READ CLAIM THOROUGHLY,
2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS.
3. THIS FORM MUST BE SIGNED.
4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706
WARNING
• CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED
NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
• ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE
OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
To: City of Baldwin Park
4. Claimant's Date of Birth (if a minor)
1. Name of Claimant A
5. G�mantAs Qccu,,paip�n�
2. Nom Addres f Clai, an _
M- � �( G' 9 I 6 �'
6. Horn Telephone Number e
/ C
3. Business Address of Claimant
7. , Business Telephone Number
8. Name and address to which you desire notices or communicatioons to be sen regarding this claim: c�
. MA E or INJURY occur?
°
10. Names o any City employees involved in INJURY or DAMAGE:
Department
Date: . (.� Y (6a Time: i
g�
If claim is for Equitable Indemnity, give date claimant
served with complaint:
1. Wh ee did DAMAGE or IN RY occu,?
i 1 7
1 Describe in d tail how th AMAGE or INJURY oc urr d.
Sri - �G� _ s �J ��C1� w['0 � I ► ��
13. Were police or paramedics called? Ye ❑ No
14. If physician was visited due to injury, include date first visit and physician's
name, address and phone number:
If yes, was a report filed? Yes 14 No ❑
If yes, what is the Report No? --®
14. Why do you claim the City of Baldwin Park is responsible? (Please be specific – Use additional sheet if necessary)
I
f *
15. List damages incurred to date?
a-�e
16. Total amount of claim to date: $ (Ali, Basis for mputation:
Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount
shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).)
17. Total amount of prospective damages: $ Basis for Computation: —
18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name l �� Address ��'Z! E ' ; 1 % �P 'one u" 1,2�7
Name Address 'f Phone
10. Signature of Claimant or person f ing on claimant's behalf; relationship to claimant and date:
I hereby certify (or declare) under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge,
Signal Relationship to Claimant Printed Name Date
Nate: Presentation of a false claim is a felony (Penal code section s 2) CC Form i (Rev uon)
F:I USCRtiS & F.rm Ciacm fc,, Dam.;ges Form M Rev 7.06.11.1,
I
q2 CITY OF BALDWIN, PARK
Is
B CLAIM FOR DAMAGES
NO V 10
TO PERSON OR PROPERTY
INSTRUC*nONS
(>T
1. READ CLAIM InfOROUGHLy- EACH SECTION: PROVIDE FULL DETAILS.
2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING E
cierws otriciat
Fning stamp
3. THIS FORM HN5 1 BE SIGNED.
CITY CLERK, 14403 E. PACIFIC AVE., BALDwIN PARK, CA 91706
4. DELIVER OR mAiL To: OFFICE OF THE
WARNING MUST BE FILED
• CLAIMS FOR DEATH, INJURY TO PERSON OR To PERSONAL PROPERTY
(GOVERNMENT CODE SEcTiom 911-2)
NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE.
• ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE
OCCURRENCE. (GOVERNMENT cooE SECTION 911.2)
Claimants Date of Birth (if a minor)
pation
&N-0
9
U111111:92=1Z
W-06216m* 01 lw '� . '.
I I
8. Name and address to which you desire notices or communications to be sent M, I F.ding this cia=� )
C
Y or DAMAGE:
10. Names of any City employees involved in [NJ B
9. When di D AGE or INJURY occur? Department
The`�:� Z
Date: kVA Name
I
It claim is for Equitable indemnity, give date claimant b-c-Qc -N
served with complaint 0�k"(:,ec �k�Afid�
Where did DAMAUL or INJUHX OGcur I
Describe in detall how the DAMAUE OeINJURY occurred
n13. Were police or paramedics called? Yes 0 No 0-'
If yes, was a report (Red? yes 0 No 0
It yes, what is the Report No?
D-5 C) q
F\ a ne ck �; �.t�le � 5�� 0
f physician was visited due to injury, MOW; -date Of first visit and physician
name, address and phone number'
cla** the ',IV in se ad Please be Ific u �nal Shea necessavy'
ark I re—onsbN1
Ta-
14. W do you a X
P eit
A
C�
I List damages inc riidtodate? f=- �Q-k b I
C
Basis for Computation: Nl:!Laix�
1 ro. Total amount of claim to date:
L. Oro cckk-clk 01
Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less it it Is over $10,000 no dollar amount
shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000))
Jlzw
--0 -1,
Basis for Computation:
17. Total amount of prospective damages:
----------------- information: w
ISIDM known to have hikiir
18. Witnesses DAMAGE or INJURY: List all persons and addresses: of persons \3 e vt-, "e- Phone C9 S
Name c�, c Address
Address 2&W\ Phone LqS i) 3,3a -04 q I
Name k'% OS
19. Signature ot Claimant or person! ill goncialma s behalf; relationshipoto claimant and date:
I hereby serfty (or declare} under penalty 01PL-41ily UrAw ft taws at the sore of CONWiAh that the krvofng is tfus and comet to ft best of my knowWjp-
N0t9- Presentation of a fials,
iAvme f-ur a FW-M,,MLn far r-am �X�t Fhwr.lrmk:
My husband and I own the property at 2401 Rorimer Drive, Riverside, CA and were
renting it out to Lionel Alvarez since January of 2009. On the morning of June 2, 2010,
a raid was conducted to serve an arrest warrant for drug trafficking on Lionel. During the
course of the raid, the front door of the house was rammed in, putting a large hole in it.
In addition, two remote garage door openers were taken when Lionel's vehicles were
impounded.
I spoke with Detective Chris Kuberry and Officer Joshua Hendricks at the time of the
arrest and was told the case number for reference is 10-204-090. 1 have spoken with both
of these officers since then and they have always been helpful. Detective Kuberry was
checking on locating the remotes but I guess he was unsuccessful. In the meantime, we
had new tenants move in and needed to replace the door and remotes. Copies of the
receipts are enclosed.
IILI-e 2 witnesses fisted were neighbors who Ilivcd across the S—LLect from this property in
June. Patricia Clayton actually saw the raid and both Patricia and Michael Clayton are
familiar with the damage. In fact, they became our new tenants after Lionel's girlfriend
vacated it in August and can verify that the repairs were completed.
Ing,,
Move SaW
tS more doings'
800 N. BROOKHURST ANAHEIM, CA.
(714)533-9930
6647 obthl 081
CA$H[ER WOLINA CXE122/2 8/10 07:22 PM
845779 9_� -S 0 H. <A> 269.00
.CM.X Rl---FJND V ---
ouk)Fw, �_ 2101F -5.97
111AX REFUND VALUE 37
.0770.39150032 2"WHTBRSBRSH 4k,
3pl.1
MAX RE 5 FJND VALUE $3.1-1/3 3.45
b7m39,)11036 IOPATRAYINRS <h>
204.97
9.94
MAX REFJND VALUE $8.9.4/2
043168273046 4OW GLOBE 4> 3.87
mu REF-mo -VALUE $3".48
043168740338-40W A15 WHT <A>"
2112. 4*1 4.94 R-
RA KE:rUjljLj -V $4.'44/2
748727000025 GREY, - STUCCO . <A=
53.96
013.49
MAX REFUND ,VALUE $48-:58/4
= _inlm Off------------ - - - --
351.13 -1(}% Off .) --35.11
WJST RETURN, ALL.ITEMs FOR A..FULL REFUND
----------------------------- ------
SUBTOTAL 316.02
SALES TAX- `27.65
TOTAL 1$343.67
NXXX4XXX)iXKX3685-HOME DEPOT 343.67
AUTH CODE 318180/0073143 TA
._..6647` 07 0 0-1- 490
More doing,
16783 SANTA ANA AVE
SFONTANA. CA 32337 (909)3572337
1857 00005 -`48438 08/05/10 04:22 PM
63-96
R GFCI' -A--
'RLS*-KEYPAD <A> 37.57
PA( LOCK 19.99
7:31 911560695'69.KEY
51)BTOTAL:
SALES TAX
i OTAL
AYJXXXXXXXXX367Q HOME DEPOT
- -AUTH CODE 0052-11,/3057186
3.7
143.75
1 12.58
$156.33
156.33
. I TA,
18 05 48438- OLILI /2010,241,9
a
� � 1
P ' A - R ` K CITY OF BALDWIN PARK
CITY COUNCIL AGENDA
DEC 1
ITEM °e
TO: Honorable Mayor and City Council Members
Community Development Chair and Commission Members
FROM: Vijay Singhal, Chief Executive Officer
DATE: December 15, 2010
r+I erz er e"ra e+®..® ®o®I.�... ®a;.�,o �®. I+ ®� ®�� .®1�a.aea� ��al,e �ll��i9y -x�. �F I<- �5 IM41!
JUD JCV 1. k0ons1UClation o Canned Legislative ®UUy Meetings of januae y ..i, Gv I
(See related Item on Community Development Commission Agenda)
,.O
This report requests that the City Council and Community Development Commission
consider cancelling their meetings of January 5, 2011.
BACKGROUND /DISCUSSION
Due to the holiday season and the lack of items scheduled for the meetings to be held
January 5, 2011, the City Council and Community Development Commission are
requested to consider canceling the subject meetings and reconvene their business
agendas to the January 19, 2011 scheduled meeting date.
Staff will monitor and evaluate items requiring Council and / or Commission action and if
there are any pressing matters requiring approval, staff will communicate its request for a
special meeting
RECOMMENDATION
Staff recommends City Council and Community Development Commission cancel the
January 5, 2011 meetings and direct the City Clerk to post the appropriate notices of
cancellation.
F/2"ii
BALDWIN
P- A, R- K
CITY OF BALDWIN PARK
CITY COUNCIL AGENDA
DEC 15
STAFF4 r /
Consent Calendar
additions of Sections 153.317 and 153.317.5 of the Baldwin Park
Municipal Code, most commonly referred to as Ordinance 1290;
(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 Number: AZC -169)
PURPOSE
This report requests City Council approval of Ordinance 1337 amending Section 153.316
and adding Sections 153.317 and 153.317.5 to the City's Municipal Code relating to the
Redevelopment Project Area Overlay (RDAO).
BACKGROUND /DISCUSSION
This Ordinance was introduced at the City Council meeting on December 1, 2010 for first
reading, and at that meeting Ordinance 1337 was approved by the City Council. The
Ordinance amends Section 153.316 and adds Sections 153.317 and 153.317.5 to the
Baldwin Park Municipal Code relating to the Redevelopment Project Area Overlay.
RECOMMENDATION
Staff recommends that the City Council adopt Ordinance 1337 on second reading, read by
title only and waive any further reading thereof.
ATTACHMENTS
*Attachment #1, Ordinance 1337
REPORT PREPARED BY: Amy L. Harbin, AICP, City Pla r 1
C:\Amy\AMY\WORD \Reports \Council Reports\AZC -169 2nd reading.doc
i
ORDINANCE NO. 1337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING SECTION 153.316 OF
AND ADDING SECTIONS 153.317 AND 153.317.5 TO THE
BALDWIN PARK MUNICIPAL CODE RELATING TO THE
REDEVELOPMENT OVERLAY
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS
FOLLOWS:
Section 1. The table in subsection (A) of section 153.316 of the Baldwin
Park Municipal Code is hereby amended to add the following land uses in the
appropriate alphabetical order:
1 For the purposes of this table, "Assembly" shall mean the putting together of previously prepared materials to form
a final and completed product while mitigating all impacts such as noise, odors, chemicals, pollution discharge and
waste disposals as established by CEQA criteria. Those principal uses are assembly, compounding or treating of
articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork,
feathers, felt, glass, paper, plastic and synthetics (from previously molded materials), rope, rubber (from previously
molded materials), shell, textiles, wire, wood, or yarn or some similar use as reasonably determined by the City's
Community Development Manager.
Page 1 of 4
PERMIT REQUIRED BY ZONE
LAND USE
C -1
C -2
C -M
I
See Section
Assembly' Establishment,
located:
(a) within the CBD or Sub-
- --
- --
P
P
153.316.5
Area 2 and fronting Alderson
Avenue, or
(b) within Sub -Area 3
Fabrication Plant, located:
(a) within the CBD or Sub -
Area 2 and fronting on
- --
- --
P
P
153.316.5
Alderson Avenue, or
(b) within Sub -Area 3
Machine Shop, located:
(a) within the CBD and Sub -
Area 2 and fronting Alderson
- --
- --
P
P
153.316.5
Avenue, or
(b) within Sub -Area 3
Manufacturing
Establishment, located:
P
P
(a) within the CBD and Sub-
- --
- --
See
See
153.316.5
Area 2 and fronting Alderson
Section
Section
Avenue, or
153.196
153.226
(b) within Sub -Area 3
1 For the purposes of this table, "Assembly" shall mean the putting together of previously prepared materials to form
a final and completed product while mitigating all impacts such as noise, odors, chemicals, pollution discharge and
waste disposals as established by CEQA criteria. Those principal uses are assembly, compounding or treating of
articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork,
feathers, felt, glass, paper, plastic and synthetics (from previously molded materials), rope, rubber (from previously
molded materials), shell, textiles, wire, wood, or yarn or some similar use as reasonably determined by the City's
Community Development Manager.
Page 1 of 4
Page 2 of 4
PERMIT REQUIRED BY ZONE
LAND USE
C-1
C-2
C-M
I
See Section
Office (Professional, Medical
and Dental):
Only second floor or
above within the CBD
and Sub-Area 2, except
for those areas fronting
Alderson Avenue
P
P
P
P
153.316.5
On all floors, including
ground floor, in Sub-Area
3 and all areas. fronting
Alderson Avenue within
the CBD and Sub-Area 2
Upholstery Establishment,
located:
P
P
(a) within the CBD and Sub-
---
---
See
See
153.316.5
Area 2 and fronting Alderson
Section
Section
Avenue, or
153.196
153.226
(b) within Sub-Area 3
Warehousing/Storage
Establishment, located:
(a) within the CBD and Sub-
---
---
P
P
153.316.5
Area 2 and fronting Alderson
Avenue, or
(b) within Sub-Area 3
Page 2 of 4
Section 2. Subparagraphs (8), (9), (10), (11), (15) and (16) of
subsection (B) of section 153.316 of the Baldwin Park Municipal Code are hereby
amended to read as follows:
(B) The uses prohibited in the RDAO shall be:
(8) Fabrication Plant, except as otherwise provided in subsection (A);
(9) Grocery Store over 46,400 square feet;
(10) Machine Shop, except as otherwise provided in subsection (A);
/.I I ! Manufacturing t ,7;.tg d'tom. n -.-„ate, bly Establishments, ' t
i 1 1 i 1\/IQIIUIOICatUIIIICJ ClilU /VI litiJC11163i�/ eJCCifi�Jl as C3lneflNlse
provided in subsection (A);
(15) Upholstery Establishment, except as otherwise provided in subsection (A);
(16) Warehousing /Storage Establishment, except as otherwise provided in
subsection (A);
Section 3. Section 153.317 is hereby added to the Baldwin Park
Municipal Code to read as follows:
§ 153.317 EXISTING ILLEGAL NONCONFORMING USES
(A) Each illegal nonconforming use existing within the RDAO on or before
September 29, 2010, shall be permitted to remain in place only if a complete application
for all required licenses and permits are filed with the Planning Department within one
hundred and eighty (180) days after (the effective date of this ordinancel, 2010, and
that all required licenses and permits are granted after all applicable public hearings and
appeals as required or necessary.
(B) Each office building legally constructed prior to September 29, 2010, for the
exclusive use of office shall be permitted to remain in place and to be occupied by office
uses.
(C) For good and sufficient reasons provided by an applicant, the Community
Development Director, or his or her designee, is authorized to extend the application
deadline described in subsection (A), above.
Section 4. Section 153.317.5 is hereby added to the Baldwin Park
Municipal Code to read as follows:
§ 153.317.5 EXPANSION OF USES
Each legal conforming or nonconforming use existing within the RDAO on or before
September 29, 2010, and each illegal nonconforming use that is in compliance with
Section 153.317 may be expanded by up to twenty percent (20 %) of the existing gross
Page 3 of 4
floor area or existing land area or both, subject to all applicable land use approval
provisions of this code.
Section 5. 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.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
day of
Manuel Lozano, Mayor
ss.
2010.
1, Laura M. Nieto, CIVIC, Deputy City Clerk, of the City of Baldwin Park, do hereby certify
that the foregoing Ordinance 1290 was introduced at a regular meeting of the City
Council held on , and was adopted by the City Council at its regular meeting
held on , by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Laura M. Nieto, CIVIC
Deputy City Clerk
CITY COUNCIL AGEPNF,14a�
TO: Honorable Mayor and Members of the Cjity Cgunciv
FROM: Vijay Singhal, Chief Executive Officer
DATE: December 15, 2010
SUBJECT: 2nd READING OF ORDINANCE NO. 1347
10109•
The purpose of this report is to request City Council adopt on second reading
Ordinance No. 1347 relating to rules of decorum at Council meetings.
I I ;I
9�RlI • ' � IT � 11111 ii� 1 •
At its meeting of December 1, 2010, the City Council introduced Ordinance No. 1347
for first reading. In order for the ordinance to become effective, it must be adopted on
second reading. Once adopted, the ordinance will take effect 30 days from the date of
adoption.
FISCAL IMPACT
Staff does not anticipate the recommended actions affecting the City's finances.
However, if legal actions are needed to enforce the decorum rules, then that would add
an unknown expense.
RECOMMENDATION
Staff recommends City Council waive further reading, read by title only and adopt on
second reading Ordinance No. 1347 entitled, " AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 39
TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO RULES OF DECORUM
AT COUNCIL MEETINGS."
ORDINANCE NO. 1347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, ADDING CHAPTER 39 TO THE BALDWIN PARK
MUNICIPAL CODE RELATING TO RULES OF DECORUM AT
COUNCIL MEETINGS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES ORDAIN AS FOLLOWS:
SEU I ION i . I he Baldwin Park Municipal Code is hereby amended by adding a new
Chapter 39 thereto to read in its entirety as follows:
Chapter 39
DECORUM AT COUNCIL MEETINGS
§ 39.01 Decorum and Order, Council and Staff
(A) Only Council Members, designated City staff, and those authorized by the
presiding officer of the meeting, City Council or Chief Executive Officer are permitted
to sit on the dais or to be within the rail in the front of the Council Chamber.
(B) While the Council is in session, the Council Members and City staff shall
preserve appropriate order and decorum. No person, by conversation or otherwise,
shall delay or interrupt the proceedings or the peace of the Council, disturb any
speaker, or refuse to obey the directives of the presiding officer of the meeting. All
persons must refrain from rude, boisterous, profane, abusive, disruptive, demeaning,
and unprofessional behavior.
(C) Staff members are encouraged to present their reports as concisely as
possible. Staff should assume Council Members have studied all agenda packet
information and, therefore, require only brief summation by staff speakers. Because
the official meeting record will contain the entire staff submittal and copies of reports
are available to the public, verbatim reading of staff reports is not required and is
strongly discouraged.
§ 39.02 Decorum and Order, Audience
(A) Members of the public attending Council meetings must observe the same
rules of order and decorum applicable to the Council Members and City staff. No
person shall make any impertinent, slanderous, or profane remarks or become rude,
boisterous, abusive, disruptive, demeaning, profane, or unprofessional while
attending the Council meeting; and if a person does, then that person may be
removed from the meeting room and be barred from further audience at the meeting
in question. Unauthorized remarks from the audience, heckling, stamping of feet,
01067/0001/79324.1
whistles, yells, applause, and similar demonstrations should not be permitted by the
presiding officer of the meeting.
(B) The presiding officer of the meeting may order the meeting room cleared
and Council may continue in session if the meeting is willfully interrupted by a
person or group of persons so as to render the orderly conduct of the meeting
infeasible without removal of individuals who are willfully disrupting the meeting. In
these cases, only matters appearing on the agenda may be considered.
Representatives of the press or other news media, except those participating in the
disturbance, and individuals not responsible for disturbance of the orderly conduct of
the meeting, will be allowed to remain at the meeting or may be readmitted.
OV.v rUuiiic: t oiiiw,ent
(A) Addressing the Council: Subject to compliance with rules of order and
decorum, members of the public have an absolute right to address the Council at
open meetings during oral communications segments of the agenda, subject to
reasonable time constraints imposed by the presiding officer or a majority of Council
Members present. Restricting speakers to the subject at hand and proper decorum
is Constitutionally permitted.
(B) Manner of Addressing Council: At the appropriate time, any person
wishing to address the Council should stand, proceed to the lectern and wait to be
recognized by the presiding officer of the meeting. After being recognized, the
speaker should state his /her name and place of residence for the record. The
speaker should address comments only to the Council from the lectern.
(1) All remarks and questions should be addressed to the Council as a
whole and not to any specific Council Member, staff, the audience, or the media. No
question should be asked of a Council Member or staff member without first
obtaining permission from the presiding officer of the meeting.
(2) Comments should be fundamentally impersonal: the subject of the
debate is the issue, not any of its proponents or opponents. A motion and its
consequences may be attacked vigorously, but speakers should not attack the
motives, character, or personality of a member, speaker, or any other person, either
directly or by implication or innuendo, improper language, irrelevancy, dilatory
tactics, rude behavior or disorderly conduct, including, but not limited to, use of signs
or other means to disrupt the meeting. Notwithstanding the foregoing, no speaker
will be censured or prohibited from speaking based upon the content of his /her
remarks, but may be removed from the meeting if the presiding officer of the meeting
or a majority of the Council Members determines the speaker is out of order
pursuant to this Chapter.
(C) Time Limitation: Every member of the public addressing the Council shall
limit his /her remarks to a maximum of three (3) minutes during all speaking
opportunities; provided, that comment shall not exceed two minutes per speaker
during oral communications just prior to adjournment. When large numbers of
persons wish to speak, the presiding officer of the meeting may announce a
reduction of the speaking time allotted to each person so all persons wishing to
speak may do so.
(1) Each person normally is allowed only one opportunity to comment
on each item of business or during oral communications. When any group wishes to
address the Council on the same subject, it is appropriate for the presiding officer of
the meeting to request a spokesperson be chosen to represent the group to avoid
redundancy.
(2) No express time limits are imposed on any appellant or respondent
during quasi - judicial proceedings (Le., appeals, statutorily required public hearings,
and other proceedings involving due process rights such as appeals of land use
decisions and denials of business license applications); however, the presiding
officer of the meeting may limit repetitive presentations and curtail irrelevant
remarks.
§ 39..04 Enforcement of Decorum
The Police Chief, or other member of the Police Department designated by the
Chief, serves as Sergeant -at -Arms of the Council and may attend meetings at the
request of the presiding officer of the meeting or the Chief Executive Officer. The
Sergeant -at -Arms will be available to serve at all meetings immediately upon call,
and will carry out all lawful orders given by the presiding officer of the meeting or
Council for the purpose of maintaining order and decorum at meetings.
§ 39.05 Failure to Observe Rules of Order
(A) The failure to observe such rules strictly does not affect the jurisdiction of
the Council or invalidate any action taken at a meeting that otherwise conforms to
applicable law. Any member may move to require the presiding officer of the
meeting to enforce the rules, and the affirmative vote of a majority of the members
present will require him /her to do so.
(B) The failure of any person to observe any requirement of this Chapter or
lawful order of the presiding officer or Sergeant -at -Arms is punishable pursuant to
Sections 10.98 and 10.99 of this Code.
SECTION 2. This ordinance shall go into affect and be in full force and operation
from and after thirty (30) days after its final reading and adoption.
SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause a copy of the same to be published or posted in a manner prescribed by law.
PASSED AND APPROVED ON THE _ day of 2010
MANUEL LOZANO, MAYOR
FWATAINICRIN
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK I
1, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do herby certify
that the foregoing ordinance was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on ) 2010. That there after said
Ordinance 1347 was duly approved and adopted at a regular meeting of the City
Council on by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
LAURA M. NIETO, CMC
DEPUTY CITY CLERK
SUBJECT: PURCHASE OF IN CAR DIGITAL CAMERA SYSTEMS
Purpose
The purpose of this staff report is to provide data and recommendations relative
to the purchase and installation of 24 police unit and four motorcycle camera
systems. In addition, staff requests to equip two interview rooms with high
definition video and audio recording systems.
Background
Currently the police department does not have any police units or motorcycles
equipped with in car camera systems. These systems are used to provide audio
and video recordings of police incidents. Audio and video recordings have a huge
impact in being able to provide independent visual documentation of police
related incidents.
The department currently has its two interview rooms equipped with audio and
video recording capability. The equipment and technology in these rooms is
antiquated and time consuming to access the media recorded. Further, the
company that installed the system is no longer in business.
The acquisition of modern technology, information management, and
infrastructure that support organizational goals and objectives is a goal of the
police department. Staff believes the acquirement of the in car camera system
and interview room recording system will move the department toward achieving
this goal.
Discussion
Currently many police departments in the area utilize in car camera systems in
their police fleet. A 2008 International Association of Chiefs of Police'(IACP)
1 IACP Digital Video System Minimum Performance Specification Version 14, November 21, 2008
In Car Camera Purchase
November 15. 2010
P. 2 of
study recognized the value of mobile video recorders for the protection of
officers, their agencies, and the public they serve. It also recognized the value of
video technology for increased officer safety; documentation of traffic violations,
citizen behavior, strengthening public support of the police and other events;
reduced court time and prosecutor burden; video evidence for use in internal
investigations; reduced frivolous lawsuits; and increased likelihood of successful
prosecution. Of these factors, officer safety, reducing liability and community
perception are critical.
Officer Safety -
Current technology in camera systems allow officers to quickly review how they
approach each situation and critique any officer safety issues they discover, such
as turning their backs on a potentially dangerous individual, or allowing
themselves to be distracted by other persons or events. According to an IACP
report many officers also reported having used the presence of the camera to
deescalate situations that they felt were becoming confrontational by informing
citizens that they were being recorded.
The greatest single value of the in -car camera is that it is more and more
frequently called upon to speak for the officer when they cannot speak for
themselves. Video evidence, also referred to by the United States Supreme court
as the "silent witness ", if used properly by law enforcement, has the ability to
present unbiased facts in the unfortunate event that the officer /s cannot. The
video evidence also serves to verify the accuracy surrounding the incident.
Reducing Liability -
In -car cameras have had a significant impact on improving an agency's and
officers' ability to respond to complaints regarding professionalism and courtesy.
An IACP study reported only 5% of the complaints against officers that were
based on video evidence captured by the in -car cameras resulted in a sustained
complaint. In 93% of the cases the officer were exonerated of the alleged
complaint. A significant amount of time and resources can be saved in
conducting complaint investigations with the availability of the video evidence.
Also, legal counsel representing law enforcement agencies categorically support
the use of the in -car camera. Many feel that video evidence allows them to save
time in case disposition. On rare occasions, after reviewing the video evidence,
decisions are made to settle the case in lieu of proceeding to trial. Although the
determination may be made to settle or pay damages, the presence of the video
evidence often saved time in investigation and /or lengthy litigation cost and
served to mitigate the circumstances surrounding the incident. In most instances
the video evidence indicated that the officer's actions were lawful and within
departmental guidelines. The presence of video evidence allows the agency to
defend the officer with great success.
In Car Camera Purchase
November 15, 201
Fig. 3 of
Community Perception -
An IACP study regarding in car camera use by law enforcement agencies found
that 94% of community members stated that they do support it and approve the
use of the camera. When asked if they would modify their behavior if they were
aware that they were being recorded, 51 % of the respondents said that their
behavior would change. They added that the presence of a camera would make
them less likely to drive aggressively.
The public recognizes that the camera systems not only help prevent the abuse
of authority, but they also serve as a valuable tool to ensure the integrity of an
agency. The use of cameras offers a transparency of the police department and
its duties. Also, staff believes the community will be more inclined to assist the
police in the form of offering witness testimony, if they know we might have video
evidence to support their claims.
Evaluation -
Staff contacted and reviewed several vendors of in car camera systems. These
vendors all have clients in Southern California.
Staff evaluated each vendor in the following areas:
• Price- Neither the lowest nor the highest bid necessarily guarantees the
most feasible option as this equipment varies in performance and
capabilities.
• Web Based Media Management- This allows police staff to access the
media management system from any computer with internet access.
• Wireless Upload- This allows for the wireless transfer of media from the
police units to the in house recording system.
• Motor Unit- The availability of a police motorcycle camera system
• Blu Ray Capability- The availability to condense video, thus reducing the
amount of storage space required.
• Image Resolution- A measure of the amount of detail in an image /video
quality.
• Interview Room- The availability to install video /audio recording equipment
in two police interview rooms that is fully integrated with the in car camera
system.
The four systems staff evaluated are Coban, ICOP Digital Inc., Watchguard, and
L3 Mobile- Vision Inc. Staff looked at the systems to ensure they met the
requirements set by staff to ensure a high quality and efficient system. Besides
the areas mentioned, all of the systems offer a stand alone server for the
permanent/temporary storage of the audio and video uploads. The following
chart outlines the specifications of the four vendors staff evaluated.
In Car Camera rum:
November 15, 2010
g, 4 of a
L3
227,759.02
Yes
Yes
Yes
Yes
720
Yes
Coban
227,588.33
No
Yes
Yes
No
720
Yes
Watchguard
199,587.51
No
Yes
No
No
720
No
icop
199,905.73
No
Yes
Yes
No
720
No
Based on the evaluation, staff recommends the police department purchase the
L3 Mobile- Vision Inc. in car camera system and integrated interview room
solution. L3 Mobile- Vision Inc. and Coban were the only two vendors that offered
both an in car camera and interview room solution. L3 Mobile- Vision Inc. was the
only vendor to offer a web based media management solution. A web based
media management solution will allow police management staff to access the
secure media management system from any internet capable computer. In
addition, L3 Mobile- Vision Inc. has agreed to complete the installation at 10 -8
Retrofit, which is our current police vendor for the installation and changeover of
police car equipment.
Staff examined the L3 Mobile- Vision Inc. equipment and operating system at the
Covina and La Verne Police Departments. Staff was impressed with the ease of
the management system and operating system. Both departments were pleased
with the product and customer service provided by L3 Mobile- Vision Inc.
Staff requests that Council approve the purchase of the related equipment from
L3 Mobile- Vision Inc. pursuant to Baldwin Park Municipal Code § 34.23 (C)
based on the informal bid process staff followed. Putting this purchase out to
formal publicized bid is impractical because staff contacted and included vendors
who have completed business in the area and were able to physically
demonstrate their systems to staff. There are other in car camera systems on the
market; however, most could only provide internet presentations. They required
staff travel to their facility for on site presentations. Further, neither the lowest nor
the highest bid necessarily guarantees the most feasible option as this
equipment varies in performance and option capabilities.
The only other cost associated with this acquisition is the purchase of Blu Ray
discs. All of the systems evaluated require discs for the storage of non - critical
video and audio. Only media containing police incidents of a critical nature will be
stored on the server for more than 30 days. All other media will be stored on Blu
In Car Camera Purchase
November 15, 2010
Pg, 5 of 5
Ray discs for a period according to the current department retention schedule.
The price for two years worth of Blu Ray discs is approximately $1700.
Staff has determined sufficient funds for this purchase exist in the department's
Federal Asset Forfeiture cost center. The use of such funds to purchase this
equipment and system is permitted through federal law.
Fiscal Impact
There will be no negative impact to the general fund. The police department will
utilize federal asset forfeiture funds.
Recommendation
Staff recommends that City Council grant approval to:
1. Waive the formal bidding process pursuant to §34.23(C) of the Baldwin
Park Municipal Code for the purchase of L3 Mobile- Vision Inc. system,
2. Direct the Chief of Police to work in conjunction with the Finance Director
to complete a budget appropriation for the amount not to exceed
$227,759.02 for a capital purchase from the Asset Forfeiture Fund, and
designate $$227,759.02 for restricted purchase of the new police
department equipment,
3. Authorize the Chief of Police, or her designee, to complete all
appropriate documentation to complete the purchases.
Attachments
• Four (4) In Car Camera System Quotes
communications
Baldwin Park Police Dept.
14403 E. Pacific Ave.
BALDWIN PARK, CA 91706
Attention
Quotation
Date: 11/9/2010
Quotation Number: 0086860
Prices Valid Until: 1/8/2011
Page 1
QTY
DESCRIPTION
UNIT PRICE
AMOUNT
2
MVD- FB2DVS -INTR DVR2 System, Interview Room
Flashback2 Digital Video Interview Room System Ass y,
$4,595.00
$9,190.00
2
MVD- CAM - STD -OPT Option, Camera Standard, Interview Room
$675.00
$1,350.00
1
MiVD- INTERVIEWER L -3 Mobile- Vision interview Room Software Module with:
Interview Rnnm Search / Retieval and Managment
Virtual Control Room (LAN Network Based)
Live View /Monitoring Function
1 -Year Factory Parts and Labor Warrant .
$1,000.00
' $1,000.00
1
MVD - FB2 -V -VSW Software, FB2 Vehicle Viewer
$0.00
$0.00
4
MVD- FB2DVS -CV -2 System, Cyclevision 2 with VLP2 Assy, Flashback 2 Digital Video
Recorder
$4,495.00
$17,980.00
4
MVD- ANT- DM -BK42 Antenna, Dome, Black, wlan /gps, Stud Mount, 42" leads
$0.00
$0.00
24
MVD- FB2DVS -2 Flashback 2 Digital Video System w/VLP2 assy
$4,495.00
$107,880.00
24
MVD -FB -CK5 Cable Kit, DVR, trunk mount/OHC
$0.00
$0.00
24
MVD -IR -CAM Option, Flashback IR Camera w /cables
$185.00
$4;440.00
24
MVD - USB- EXT -TM Option, TM DVR USB Ext, with MTG Bracket, 22FT
$0.00
$0.00
24
MVD - VLP2 -DL Option, Flashback Dual Voice Link Plus 2 Wireless Microphone System
$565.00
$13,560.00
24
MVD- CRASH -BAT Collision Sensor (Triggers DVR for recording when involved in crash)
Assembly product
$150.00
$3,600.00
24
MVD- FB- GRL -LT Option, Grill Light, Flashback
$45.00
$1,080.00
72
MVD - FB2 -USB -128 Key, USB, 128 for Flashback 2
$0.00
$0.00
24
W- FB- MC- GPS -22 Cable, Monitor Console DVR GPS /PC 22ft
$0.00
$0.00
1
Note: Replacing the W- FB- MC- DVR -22 from the CK5
LSMVDDVDBRIXI Workstation, Tower, 140GB DASD, 2 Core Intel Processors, 1 GB RAM.
DVD Backup System, 2.8 GHz Dual Core Processor, 1 GB RAM, 140GB
DASD Windows XP, DVD -RW, Monitor, Keyboard, Mouse MVI Archiving
Software Blu -Ray Robot 2/100 disc capacity, 100 DVD -R Discs
$5,495.00
$5,495.00
Continued
Attention:
Quotation
Date: 11/9/2010
Quotation Number: 0086860
Prices Valid Until: 1/8/2011
Page 2
QTY
DESCRIPTION
UNIT PRICE
AMOUNT
1
LSMVDR503DEP
DES PRO R503 Server, Rack, 3.4TB RAID 6 DASD, 8 Core Xenon
$15,356,00
$15,356.00
Processors, 4GB RAM DVM Server, Storage & Distribution System, Rack
Configuration Dual 2.26 GHz Quad Core Processors, 4 GB RAM, 3.4TB
Usable RAID 6 Red Hat v5 Enterprise Linux OS / PostgreSq! Database
DVD-Rom, monitor, Keyboard, Mouse, CIF Card Reader 8 port
10/100/1000 Base T-switch
Digital Evidence Software: Base Module, Intelligent Downloading Module,
Archiver arodule, Case Module, Consumer DVD Module
1
MVD-DEP-BT2
Solution Configuration / Training:
$3,350.00
$3,350.00
System build out and configuration plus 1 day (on-site) training
4
MVD-NEMAPOE-SGL
Nema POE Enclosure, Single Port, w1AP & Lightning Protection
$1,140.00
$4,560.00
4
MVD-ANT-KIT-A
Antenna Kit, WLAN 802.11 a, Exterior Building Mounted
$176.00
$704.00
Install by 10-8 Retrofit
24
/INSTALLATION
Installation for In Car Video
$363.00
$8,712.00
Install by 10-8 Retrofit
4
/INSTALLATION
Installation of Motorcycles
$363.00
$1,452.00
Install by Vision Comm
2
/INSTALLATION
Installation for Interview Rm
$1,952.50
$3,905.00
Install by Vision Comm
4
/INSTALLATION
Installation for WAP/Antenna
$1,058.75
$4,235.00
SUBTOTAL:
$207,849.00
$18,310.02
Mote Pndng does notindude insiallation offfie JCn antenna, neftw& *117ng or W/Wass access poil* n6"
noted
DELIVERY- 30 Days or Less ARO Sales Tax (As Required):
CREDIT TERMS. Net 30 Days
Shipping w/n the continental
USA via UPS Ground:
$1,600.00
0 7HER S TA 7FA OCAL FEES.-
Not Included
TOTAL:
$227,759.02
90 Fanny Road Boonton, NJ 07005 Voice: (800) 336-8475 Fax: (973) 257-3024
E-Mail Address: sales.mvi@L-3com.com Web Page: www.L-3com.com/MV
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Baldwin Park, CA 4RE Proposal
\ y \ MIN ng; m "IFIN
QIY TOTAL TBD
WGV Onsite Installation Training 5 Car
26
4RE DVR, Camera and Remote Display
26
Wireless Antenna and Radio Bullet
26
Radio Bullet Configuration
261
Com letioin of Network To olo
WGV will engage local installation ship to
quote and install WGV 4RE in car video
hardware.
Talk to a WGV Sales Rep today, for
Leasing Options.
September 7th, 2010
is i I T A L Ilrq C A. F"4 V I D F
3001 Summit Avenue, Plano, TX 75074
(972) 423 -9777 Fax: (972) 423-9778
National Toll -Free 1 -800- 605 -MPEG (6734)
www.watchguardvideo.com
Baldwin Park Police Department
Attn: Lt David Reynoso
14403 E Pacific Ave, Baldwin Park, CA, 91706
Telephone Number
626- 960 -1955 626- 813 -5214
Address Email
e . O 6
Quote #: QUO- 03061 -42VP Rev #: 0
Quote Information
Quote Valid From: 10/26/2010 To: 1/24/2011
Quote Presented By: Fran Judge
Presenter Contact: FJudge @WatchGuardVideo.com
• Date Ship Via Payment Terms
30 days UPS Ground Net 30
#
1
Part Number
4RE- STD -GPS
Description
14RE, HD DVR w /GPS
Unit Price
$5,875.00
Qty
26
Ext Price
$152,750.00
2
SFW- ELB -SRV -200
Software, 4RE, Server, Evidence Library 2.0 (includes 5 clients)
$4,995.00
1
$4,995.00
3
WGPO1443 -001
Bracket, 4RE, DVR, Universal
Included
26
Included
4
USB -DRV- 100 -16G
USB 2.0 Thumb Drive, 16GB
Included
26
Included
5
4RE -DIS -RCP
4RE, Remote Display Control Panel
Included
26
Included
6
CAM -CMB- 200 -NHD
Camera Assembly, 4RE, HD Front/Cabin Combo, Glass Mount
Included
26
Included
7
WGPO1283
Bracket, 4RE, Display, Universal Flat
Included
26
Included`
8
BRK- RAM -BAL -001
RAM Mount, 1" Ball, 1/4 -20 Stud
Included
26
Included
9
BRK -RAM -BAL -002
RAM Mount, 1" Ball, 2 Point Mounting Plate
Included
26
Included
10
BRK -RAM- ARM -02I
RAM Mount, Arm, Double Socket, 2"
Included'
26
Included
it
CAB -HDM- 4RE -15F
Cable Assembly, 4RE, HDMI to mini -HDMI, Straight, 15'
Included
52
Included
12
CAB -RET- CAB -100
Cable Retainer, 4RE, Cable Clip, HDMI /DVR Connection
Included
52
Included
13
CAB -PWR- 302 -24F
Cable Assembly, DV-IC/4RE, Power /Input w/ iUPS, Straight, 24'
Included
26
Included
14
CAB -PWR- UPS -BYP
iUPS Bypass Assembly
Included
26
Included'
15
MIC -WRL- KIT -350
Wireless Microphone Kit, WatchGuard (Grey) 2.4GHz
Included
26
Included
16
BRK - MIC -WRL -303
Bracket Kit, Wireless Mic, Universal, WatchGuard 2.4GHz
Included
26
Included
17
CAB - WRL - 4RE -10F
Cable Assembly, 4RE, Microphone, RJ45 to RJ11, 10'
Included
26
Included
18
MIC -CBN- 100 -07F
Cabin Microphone - 7'
Included
26
Included
19
GPS- ANT- MGN -16F
GPS Antenna, Magnetic Mount
Included
26
Included
20
BRK- CAM -GLS -100
Glass Adhesive
Included
26
Included
21
RAD- 11N-05G -001
WiFi Radio, Bullet, 5GHz, 802.11n
Included
26
Included
22
ANT- VEH -05G -001
WiFi Vehicle Antenna, 4RE, 5GHz, NMO
Included
26
Included
23
PWR- POE -4RE -001
Power Over Ethernet Assembly, 4RE, WiFi
Included'
26
Included
24
BRK- ANT -NMO -001
WiFi Vehicle Antenna Mount, NMO, Drill 3/4" Hole
Included
26
Included
25
CAB- EI'H- STR -10F
Cable Assembly, Straight Ethernet, CAT5e, 10'
Included
52
Included
26
WAR- STD- PUR -IYR
1st Year Factory Warranty (Months 1 to 12)
Included
26
Included
Comments:
• ..i� $157_745.00
. • . __.._._......,,650.00
$15,443.51
• $173,838.51
1 of 1
DIGITAL IN CAR ViDEON
Baldwin Park, CA 4RE Proposal
September 7th, 2010
Qty
TOTAL 1 $ 12,450.00
26
TOTAL $ 173,838.51
Qty
4RE In -Car Hardware From Previous attached page.
September 7th, 2010
Qty
TOTAL 1 $ 12,450.00
Specifications and Included Items
Qty
Server Type
3U Rack Mount
1
CPU
Intel Xeon E5620 2.40 GHz Quad Core
5
Memory
6GB. 2x3GB DDR3, 1333MHz (Max. 96 GB)
21
RAID Controller
LSI SAS9211 -8i SAS /SATA
26
Hard Drive Capacity
16 SATA hard drive bays
26
Hard Drives OS and SQL
4 -50OGB SATA 7,200 RPM 32MB Cache
26
RAID Configuration (OS and SQL)
3 -drive RAID -5 w/ 1 dedicated spare 900GB usable
1
Hard Drives (Video Storage)
10 -2TB SATA 7,200 RPM 64MB Cache
RAID Configuration (Video Storage)
RAID -5 w/ 1- dedicated spare can be split into 2 volumes
Network
Dual Gi abit LAN
Operating System
Windows Server 2008 R2 64 -bit 5 CALs
Database
Microsoft SQL Server 2008 Standard 5 CALs
Warranty
3 -Year On -Site Replacement
September 7th, 2010
Qty
TOTAL Included in Camera Quote
Specifications and Included Items
Qty
Server Software
Evidence Library 2.0 Server 1 co
1
Wireless Import Software
Evidence Library 2.0 Wireless 1 co
5
USB Import Software
Evidence Library 2.0 USB Import 5 copies)
21
Client Software
Evidence Libra 2.0 Client 5 copies)
26
24 Hour Phone Supportl Support
Includes Remote Troubleshooting and Diagnostics
26
Client Software I
Evidence Library 2.0 Client Software, Additional Copies, $75
September 7th, 2010
Qty
TOTAL
$ 4,500.00
1
Server Software Install Configuration
5
Remote Client Installation
21
Wireless Antenna Programming
26
4RE DVR Configuration
26
Wireless Connectivity Testing
26
USB Upload Testing
1
Administrator Trainin
September 7th, 2010
bIGtTAL IN '"CAR VIDEO
Baldwin Park, CA 4RE Proposal
Qty TOTAL TBD
tiv dv°y
` '
24/7 Phone Phone Support Troubleshooting and Diagnostic Services
Qty
Software Maintenance
EL 2.0 Software U dates
v\ \
Remote Client Updates
$150 per hour- 16 hours to mount hardware and pull cable= $2400
DVR Firmware Updates
802.11n Omni Directional Ext. Mount WiFi Antenna with mounting
Factory Repair for In car Hardware Parts will be shipped to WGV for repair
Advanced Replacements on Re uest
Wirelsess Connectivity
Cats Ethernet Cables Plus Intallation
On site Server Hardware 3 YEARS * *See Server and Video Stora e Warran line item.
��''µ�'��`..�
�� .� , „ ��i?���`�`�3r:���^.6 C\ �\ ����..��� \�,��c��`a�\\cx��0`��" �'�:c � \ \4\5•��\. �.'� ,- s'.�� C— ,` ---\w. ,��"i\������'�.`;�\��u,\:v ,:
Qty TOTAL TBD
tiv dv°y
` '
vtiv v
Qty
TOTAL
TBD
v\ \
Installation of WiFi Hardware
$150 per hour- 16 hours to mount hardware and pull cable= $2400
802.11n Omni Directional Ext. Mount WiFi Antenna with mounting
hardware $600 x 2
802.11n Steerable Multi channel Outdoor WiFi Antenna $2800
Cats Ethernet Cables Plus Intallation
WGV will engage local IT firm to quote and
install all building ounted wireless 802.n
g 1I
antenna, run cables and wires and install
WGV specified Server Hardware.
Qty TOTAL TBD
Installation of Rack Mount Server
Installation of Switch
Cats Ethernet Cables Plus Intallation
WGV will engage local IT firm to quote and
install WGV specified Server Hardware.
v\ \
September 7th, 2010
Prepared by:
ADDRESSI
icup
ADDRESS2
10/14/2010
CITY /STATE
ADVANCING SURVEILLANCE TECHNOLOGY
ZIP
ICOP Digital, Inc.
PRIMARY CONTACT
16801 West 116th Street, Lenexa, Kansas 66219
PRIMARY EMAIL
(913) 312 -0163 phone # (913) 312 -0264 fax
PHONE
www.ICOP.com
❑ Email Opt -Out
Prepared by:
Jason Cheshier
ADDRESS
Date prepared:
10/14/2010
CITY / STATE
325.00 ; $
QUOTE VALID UNTIL 11/13/2010
ZIP
600-00126 $
35.00 1 $
CONTACT
Agency:
Baldwin Park, CA Police Dept
PHONE
_$
300.00 I $ 600.00
•
MANUFACTURER'S REP
nn<ou
Product Part Number Price Quantity ,.. Tot--
ICOP Model 20/20 -W & ICOP 20/20 VISION DVR Systems
[COP Model 20/20 -W In -Car DVR System
The !COP Model 20/20 -W includes all of the following: DVR, built_;- A",1 /FM I
24 iradio, vehicle -grade 40 GB hard drive, covert internal microphone, ICOP 699- 00018 -B [ $ 5,200.00 j $ 4,550.00 $ 109,200.00
EXTREME Wireless Mic, Sony color camera, infrared b/w backseat camera
Garmin GPS receiver, Certificate to redeem [COP LIVE Hardware
1 24 1 includes: B/W Camera Kit w /IR _ 600-00148-B n/c n/c
i
L�24 includes: ICOP EXTREME Wireless Mic - Complete KIT 650- 00040 -A n/c n/c
24 includes: mounting kit - SPECIFY Make / Model / Year 4 2008 -9 Dodge Chargers
ICOP Model 20/20 -W Motorcycle System (Saddlebag)
The ICOP Model 20/20 -W includes all of the following: DVR, built -in AM /FM
radio, vehicle -grade 40 GB hard drive, covert internal microphone, (1) standard ;
4 I699 00019 -A , $ 5,200.00 $ 4,550.00 , $ 18,200.00
color bullet camera, (1) wide angle color bullet camera (both waterproof),
Garmin GPS receiver, Certificate to redeem ICOP LIVE Hardware, saddlebag j
4 includes: Saddlebag Mounting Kit (650- 00026 -A n/c n/c
4 includes: ICOP EXTREME Wireless Mic - Complete KIT 650-00040-A n/c n/c
4 SPECIFY MOTORCYCLE Make / Model / Year 2008 -0 Honda ST1300 E
GSA
[COP Video Management Software
1 ( ICOP iVAULT MMS - Per Server License Model - 1st Server €700 -00406 $ 7,500.00 $ 7,000.00 $ 7,000.00
Servers & Server Accessories
1 Dell PowerVault MD1000 Storage Array - 7TB, (RAIDS, —5.6 TB available 600 -00176 1 $ 61300.00 $ 5,500.00 $ 5,500.00
i 1 I Dell R710 Rack Server - 4TB 600 00186 $ 6,000.00 $ 5,500.00 $ 5,500.00
MDTs - Mobile Data Computers / Terminals - Rugged Notebook Computers
Automated Disc Burn
DVR Accessories ([COP Model 20/20 -W & VISION)
24 jAuxiliary Audio Input kit, for ICOP Model 20/20 -W
28 (Collision Sensor KIT
1650 -00048 $
600 00107 A $_____6
100.00 $
5--.00
50.00 $ 1,200.00
2 Docking Station KIT
650 00000 A ;' $
325.00 ; $
275.00 $ 550.00
28 Siren Detector
600-00126 $
35.00 1 $
-
2 ;Solid State Drive Module, 32 GB - For ICOP Model 20/20 -W
_
1600 -00194 $
._.m............
400.00 ($
_$
300.00 I $ 600.00
Wireless Accessory Components
3 ICOP Model 20/20 -W Wireless Access Point KIT
600 - 01442 -A $
1,000.00 $
1,000.00 $ 31000.00
4 Wireless Upload Kit(a) - ICOP WC -2000, External Antennas,
2.4 GHz n
;650 00073 $
450.00 $
350.00 $ 1,400.00
Page 1 of 3
Prepared by: Jason Cheshier
Date prepared: 10/14/2010_
QUOTE VALID UNTIL 11/13/2010 �
Agency: Baldwin Park, CA Police Dept
x) D RESSI
ADD.
ZIF
.' L-: Ar
PHONE
❑ Email Opt -Out
ADDRESS
CITY / STATE
ZIP
CONTACT
PHONE
MANUFACTURER'S REP
Quantity Product Part Number MSRP ...-- Total
Wireless Upload Kit(b) - ICOP WC -2000, Internal Blade
24 650 00074 ($ 450.00 ] $ 350.00 = $ 8,400.00
Antennas, 2.4 GHz -n ?
a �
Mics & Accessories
[COP LIVE
Installation, Training & Services
24 Installation - Vehicle (per vehicle)
W 4 Installation - Motorcycle (per motorcycle)
i 2 [installation On Site Wireless Setup & Config. (per day)
1 Training -On -Site - Full Day
980 -00001 $
350.00 $
350.00 $
821.68
pending $
500.00 $
450.00 ' $
_8,400.00
1,800.00
980 -00003 $
1,500 00�$
1,200.00 $
2,40_0.00
900 -00009 ( $
1,500.00 $
1,000.00 i $
1,000.00
Extended Warranties
°Extended ICOP Model 20/20( -W) Warranty for 2 Years Total [purchased
28 w /system] 900 -00003 $ 316.00 ? $ 250.00 $ 7,000.00
Miscellaneous Components / Accessories
4 1 Ethernet Download Stations ;insert $ 500.00E $ 500.00 $ 2,000.00
i
Ethernet Stations bases on approximate cost of reel and cable spool, does not include
installation or running of cable.
DISCOUNT
SUB -TOTAL
SHIPPING'
❑ INSURANCE
❑ Tax EXEMPT ESTIMATED TAX'
TOTAL
I Providing your email allows ]COP to contact you about product notifications, updates and marketing communications. Check 'Opt-out' if you do not wish to
receive these communications
z Delivery is FOB shipping point. Payment due within 30 days after shipment.
3 Tax is estimated. If customer is tax exempt, tax will be removed upon providing tax exempt certificate. All purchases are subject to sales tax unless proof of
exemption is provided.
NOTE: Customer shall call ICOP Customer Service to obtain a RMA number for product returns. Items must be unused and returned in original
packaging. All returns subject to 15% restocking fee. No credit will be given for product that has been used.
Payment Terms are Net 30. Products quoted are covered by ICOP Digital's Limited Warranty and
Software License Agreement. Signature authorizes partial shipments.
5 30.248.00
$
183,150.00
$
821.68
$
824.18
$
15,109.88
$
199,905.73
Authorized Signature below creates a binding Purchase Order (REQUIRED for all orders)
Page 2 of 3
Prepared by:
ADDRESSI
IUUP
ADDRESS2
10/14/2010
CITY/STATE
ADVANCING SURVEILLANCE TECHNOLOGY
ZIP
ICOP Digital, Inc.
PRIMARY CONTACT
16801 West 116th Street, Lenexa, Kansas 66219
PRIMARY EMAIL'
(913) 312-0163 phone • (913) 312-0264 fax
PHONE
www.ICOP.com
❑ Email Opt-out
Prepared by:
Jason Cheshler
ADDRESS
Date prepared:
10/14/2010
CITY / STATE
QUOTE VALID UNTIL 11/13/2010
ZIP
CONTACT
Agency:
Baldwin Park, CA Police Dept
PHONE
MANUFACTURER'S REP
Printed Name I Title
Page 3 of 3
MSRP PH— Total
Purchase Order Number (if applicable)
VA
i
BALDWIN CITY OF BALDWIN PARK
P , A - R - K
TO:
FROM:
DATE:
SUBJECT-
Honorable Mayor and Members of the City Council
Edwin "William" Galvez, Director of Public Works
December 15, 2010
AWARD A CONTRACT TO HONEYWELL FO
SERVICES FOR (1) HVAC CONTROL SYSTEM AND MECHANICAL
EQUIPMENT UPGRADE AT CITY HALL AND (2) PHOTOVOLTAIC
SOLAR POWER SYSTEM AT MORGAN PARK
DEC 15
•
ITEM NO.
This report requests that the City Council consider an award of a contract to Honeywell
Building Solutions (Honeywell) to perform Design /Build Services for (1) the upgrade to
the City Hall's heating, ventilation and air conditioning (HVAC) system and temperature
controls in an amount not to exceed of $400,786, and for (2) a solar power installation
at Morgan Park in an amount not to exceed of $125,000, both in connection with the
Energy Efficiency and Conservation Block Grants ( EECBG).
EECBG funds have been allocated to the City under the American Recovery and
Reinvestment Act (ARRA) in the total amount of $705,500. On April 21, 2010, the City
Council approved the Energy Efficiency Conservation Strategy (EECS), under the
EECBG guidelines. The following table summarizes the approved activities and their
estimated costs:
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
Award Design /Build for EECBG HVAC & Solar Panels Page 2 of 4
December 15, 2010
Of the total $705,500 grant, $406,000 was reserved for the City Hall's HVAC upgrade
project, and $145,000 for the Community Center solar photovoltaic power system at
Morgan Park.
On August 4, 2010, the City Council authorized staff to finalize the specifications for the
HVAC upgrade project and authorized its advertising.
On November 3, 2010, the City Council authorized staff to finalize the specifications for
the photovoltaic solar power system and authorized its advertising.
DISCUSSION
These two projects are independent from one another. However because staff noted
that many of the same firms were participating in both, staff first analyzed both
proposals before making any recommendations. This approach could potentially lead
to savings from a staff level in managing both project's design and installation. In
addition, if the same vendor is selected for both, then additional savings could be
secured.
HCAV Project
The project consists of the installation of a new energy- efficient HVAC system and
temperature controls at City Hall. The existing thermostats will be upgraded to digital
thermostats with energy saving strategies. The estimated energy savings will be
approximately 180,000 kWh /year, which is estimated to reduce the City's electricity bill
by about $18,000 per year. Additionally, 80 CO2- equivalent tons of green house gas
emissions will be reduced.
On September 30, 2010 two proposals were received. The proposals were reviewed
and evaluated by staff and the top proposer was identified as Honeywell. The following
is a summary of the design -build proposals received:
HVAC Upgrade - Design/Build
Total Amount
Honeywell Building Solutions
$400,786
Allison Mechanical, Inc.
$554,900
Photovoltaic Power System
This project consists of a 30kW solar panels installation estimated to generate 37,800
kWh per year. The photovoltaic system would be placed 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 and would provide the City an estimated
savings of $4,200 per year.
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
Award Design /Build for EECBG HVAC & Solar Panels Page 3 of 4
December 15, 2010
example and provide educational opportunities. The City of Baldwin Park desires to
reduce its overall carbon footprint and reduce Greenhouse Gas (GHG) Emissions.
On November 30, 2010, four proposals were received. The proposals were reviewed
and evaluated by staff and the top proposer was identified as Honeywell. The following
is a summary of the design -build proposals received:
Solar Panels — Design/Build
Total Amount
Honeywell Building Solutions
$148,715.00
AAA Solar Electric, Inc.
$161,950.75
SHE Engineering & Construction
, $212,050.00
Premier West Contractors, Inc
$229,038.96
Proposals rcecornmendations
Honeywell's cost proposal is the lowest for both project installations. Honeywell is also
very well known for HVAC, Power, and Building Systems. Honeywell performs
installations of HVAC systems in many building and is one of the leading firms in this
field. Moreover, Honeywell is also a leader in Solar Power systems installations.
Since Honeywell is the top ranked firm on both projects, and since they have also
extended the lowest cost proposal for both, staff recommends that a contract be
extended to Honeywell for each of the two projects. In addition, staff negotiated with
Honeywell further cost reductions in the form of a guaranteed rebate from Southern
California Edison.
The amount of the Solar Panel rebate is $23,715, and this has resulted in a contract
revised from $148,715 down to a not to exceed fee of $125,000 as shown in
Attachment A. The draft contract for the HVAC is shown in Attachment B.
Tentative Project Schedule
If the City Council supports the staff recommendations, the following Design -Build
schedule applies to each of the two projects. They each take approximately 5 months
to develop a design and thereafter install it.
Award Design -Build Contract ...................... ............................... 12 -15 -2010
Pre - Design / Build Meeting .............................. ..........................01 -11 -2011
Begin Design / Build ................................... ............................... 01 -18 -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 grant funds. The following table
summarizes the available funds and the estimated expenditures for the two projects:
Award Design /Build for EECBG HVAC & Solar Panels
December 15, 2010
Allocated Funds for 2 EECBG Activities
City Hall HVAC Upgrade $406,000
__ ... 11 _ 1-1 ....__....... ......... _ ..................
Morgan Park Solar Panels $145,000
........ ....... ........ ....... .
Total (for both Droiects)
Design -Build for HVAC System $400,786
Design -Build for Solar Panel System $148,715
. ......................... ......... .........
. . . . . . . . . . . . .......... I-- ....
Guaranteed Rebate ( $23,7
1 . . . . 5 j
............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$125,000
EECBG Funds
Page 4 of 4
$551,000
The amount proposed to be expended will cover two primary activities associated with
the EECBG funds. Based on the EECBG activities allocation, the recommended
expenditures are within the allocated amount.
Staff recommends that the City Council:
1. Award a contract to Honeywell to perform Design /Build Services for the upgrade
to the City Hall's HVAC system in an amount not to exceed of $400,786, and
2. Award a contract to Honeywell to perform Design /Build Services for the
installation of a Photovoltaic system in an amount not to exceed $125,000.
3. Authorize the Chief Executive Officer to finalize and execute both contracts per
the above stated limits providing staff time to ensure details related to Federal
and EECBG guidelines are complied with.
ATTACHMENT
A Cost Proposal for Photovoltaic Installation
B Draft Professional Services Agreement — Design /Build HVAC
Attachment A
Honeywell
&
Automation and [vntnuSolutions
xnnev*a/
zzcnn'�p^ul/e Drive, s"^" 100
L"m/m",(xnso
rwmz'3mx,(Ake
�w»'a'.,/z' Fax
December 8, 2010
City of Baldwin Park
4100 Baldwin Park Blvd,
Baldwin Park, CA 91706
Attn.-. William Galvez
Re: (RFP) Design and Installation of Photovoltaic Solar Power System - Fee Schedule
Dear McEalvoz,
This letter is to confirm the fee schedule for the above referenced RFP, The contract cost for the
project is: $14O.715.00�
However, Honeywell will provide a guaranteed SCE incentive of $ 23,715.00 resulting in a not to
exceed cost of$125.O0O.0Obo the City of Baldwin Park.
Please feel free to contact me should you have any questions regarding this project.
Sinuenely,
Robert Bayer
District Sales Leader — Southern California
Honeywell ACS
Cc: J,Gruss,file
PROFESSIONAL SERVICES AGREEMENT
/_T 11"170111 -.1
THIS AGREEMENT is made and entered into this 15th day of December , 2010 by
and between the City of Baldwin Park, ( "City "), and Honeywell Building Solutions
( "Consultant ").
In consideration of the following mutual covenants, provisions and agreements, and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City
and Consultant agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this
Agreement, the tasks, obligations, and services set forth in the "Scope of Work" attached to
andin:^n rrin r� }r..J into thec Ar! m r,+ �vh'.L,'+ 1 A " Additio a1 Agr ment provisions, iF any
ai id n ua6Y.3 IniV a no - .yreei i iei ii as Exhibit Yi. �uunivncSi /-ll,. i eei i ici iL vilb n ally,
are contained in "Additional Provisions" attached to and incorporated into this Agreement as
Exisibit "D
2. COMPENSATION. City shall pay for the services performed satisfactorily by
Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Fee
Proposal" attached to and incorporated into this Agreement as Exhibit "B." The total amount of
compensation for all services described in Scope of Work as set forth in Exhibit A shall not
exceed four hundred thousand seven hundred eighty -six dollars and zero cents ($400,786.00)
based on the hours estimated in Exhibit B to provide those services in a satisfactory manner.
3. TIME FOR PERFORMANCE. Time is of the essence in the performance of this
Agreement. Consultant shall commence and complete the services in this Agreement within
the time period shown on "Schedule of Performance" attached to and incorporated into this
Agreement as Exhibit "C."
4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received
from City and make them accessible for audit or examination for a period of three years after
final payments are issued and other pending matters.
5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel,
equipment and material, at its sole expense, in order to perform the services required of it
pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed,
for all purposes, an independent contractor and shall have control of all work and the manner in
which it is performed. Consultant shall be free to contract for similar services to be performed
for other entities while under contract with City. Consultant is not an agent or employee of City,
and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City
provides for its employees. Consultant shall be responsible to pay and hold City harmless from
any and all payroll and other taxes and interest thereon and penalties, therefore, which may
become due as a result of services performed hereunder.
6. ASSIGNMENT. This Agreement is for the specific services with Consultant as
set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement
without written approval of City is prohibited and shall be null and void; except that Consultant
may assign payments due under this Agreement to a financial institution.
7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform
work similar to the Services provided herein.
8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance
with the applicable laws and regulations of all governmental agencies that are in force at the
time services are performed. Consultant shall be responsible for becoming aware of and
staying abreast of all such laws and ensuring that all services provided hereunder conform with
such laws. The terms of this Agreement shall be interpreted according to the laws of the State
of California.
9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials,
officers, and employees against any and all actions, claims, damages, liabilities, losses or
expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys'
fees ;whether nr not -lit is act, ally filizri and any judgment rendered against City and /or Its
- - 1 vu
officials, officers, or employees that may be asserted or claimed by any person, firm, or entity
arising out of Consultants' negligent performance, or the negligent performance of its agents,
employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant,
it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not
apply if there is concurrent passive or active negligence on the part of City, or its officials,
officers, agents or employees.
10. INSURANCE. 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
^n �Gr+'�G this .d 4...11 he raflon # ®r� in +k- 1A /... -✓ Compensation
uyree i ent in regard Ji Ia II 'Do I GI cleid III LI IG V V 01 nef "5 i pensaiion
Insurance endorsement.
11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared
pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the
property of City. City's ownership of documents includes any and all analysis, computations,
plans, correspondence and /or other pertinent data, information, documents, and computer
media, including disks and other materials gathered or prepared by Consultant in performance
of this Agreement. Such work product shall be transmitted to City within ten (10) days after a
written request therefore. Consultant may retain copies of such products. Any re -use by City
shall be at the sole risk of City and without liability to Consultant.
12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate
records with respect to all services and matters covered under this Agreement. City shall have
free access at all reasonable times to such records, and the right to examine and audit the
same and to make transcripts therefrom, and to inspect all program data, documents,
proceedings and activities. Consultant shall maintain an up -to -date list of key personnel and
telephone numbers for emergency contact after normal business hours.
13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a
complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by
the Internal Revenue Service.
14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential
conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall
comply with all applicable federal, state and county laws and regulations governing conflict of
interest.
15. POLITICAL ACTIVITY /LOBBYING CERTIFICATION. Consultant may not
conduct any activity, including any payment to any person, officer, or employee of any
governmental agency or body or member of Congress in connection with the awarding of any
federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the
election of candidates for public office during time compensated under the representation that
such activity is being performed as a part of this Agreement.
16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or
without cause, in its sole discretion, with thirty (30) days written notice.
17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of
this Agreement, City shall be liable to Consultant only for work performed by Consultant up to
and including the date of termination of this Agreement, unless the termination is for cause, in
which event Consultant need be compensated only to the extent required by law. Consultant
shall be entitled to payment for work satisfactorily completed to date, based on proration of the
compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's
receipt of a close -out billing.
18. LITIGATION FEES. Should litigation arise out of this Agreement for the
performance thereof, the court shall award costs and expenses, including reasonable attorney's
fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any
court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid
and /or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable
and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles
County. This paragraph shall not apply and litigation fees shall not be awarded based on an
order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or
mediation of the dispute.
19. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a covenant and a
condition.
20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement
between the City and Consultant. No verbal agreement or implied covenant shall be held to
vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the
parties to this Agreement, and any subsequent successors and assigns.
21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor
may any of the terms, provisions or conditions be modified or waived or otherwise affected,
except by a written amendment signed by all parties.
22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A)
designated below shall be responsible for job performance, negotiations, contractual matters,
and coordination with the City. The City Representative (B) designated below shall act on the
City's behalf as Project Manager.
(A) CONSULTANT
(B) Edwin "William" Galvez, P.E.
Director of Public Works
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
23. NOTICES. Notices pursuant to this Agreement shall be in writing and may be
given by personal delivery or by mail. Notices shall be directed to City's Designated
Representative identified in Paragraph ^21^ of this Agreement. Consultant Gh8U G8Dd o copy of
all notices to the City Attorney.
City Attorney: JOS8oh Pannone //\keohine &VVvndSr, LLP
South Bay Center, 1515 West 190thStreet
South Tower, Suite 565
Gardena, CA9U248
(31O) 527-0O00
°
IN VV/TNE88 WHEREOF, the parties have executed this Agreement on the day first
above written.
City Clerk
In
Name:
CITY OFBALDW1NPARK
Manuel Lozano, Mayor
CONSULTANT:
Name:
Dated: Dated:
Title:
�S��
Title:
EXHIBIT "A"
SCOPE OF SERVICES
�
Building Systems Agreement
Proposal Upgrade
Name: City of Baldwin Park Control System and Mechanical Equipment
Datq: September 30,201O
22 Centerpointe Drive, #100
La Palma, CA 90623
City of Baldwin Park
Zen
Scope of Honeywell shal/ provide the following equipmen and oen�cem(�heVVo'K) in
aconrdanoe*�h�ea�aohedwork scope douume � and terms ^^dconditiona vvhiohform '
Honeywell funded by p����������nA�������d��me�n���p���
ytheEECBG.
a Wireless Thermostat Upgrades at the City Hall including:
• Removal and disposal of existing pneumatic thermostats
• Providing new wireless DDC pneumatic thermostats
• Design and installation ofwireless network with repeaters
• Commissioning of wireless network
• Integration of new wireless network with Honeywell Energy Management System (see
2 City Hall Air Conditioning System upgrade including:
• Provide and install one (11 new chiller to replace existing with more efficient model of
equivalent
• Upgrade two (2) chilled water pumps to replace existing with more efficient models of
equivalent capacity.
• Removing and disposal of existing material.
• Preparation of equipment room tn accommodate new equipment.
• Revised power location requirements.
• Revised piping configurations.
• Revised equipment pads and vibration isolation.
• System draining and no-fiUing.
• Stag/ng, equipment lifting, and installation.
• Installation uf new chiller compressor sound attenuation.
• Chiller start-up.
• Mechanical system change out work will require disruption of the cooling system for the City
Ha//. This proposal is based on work being performed over a long weekend (Friday- Sunday),
However, some intermittent disruption may occur in the days prior and after the work is
scheduled tobeperformed. There are oo provisions for temporary coo|ing
o The condenser water oyotannand associated equipnnantie not ino!ududin the scope ofthis
project.
• Energy Management System integration of control and monitoring points associated with
mechanical ayuterna(see section be|ovv). new
Honeywell Building Systems Agreement <Rev 08/0e
' Page 27 of 38
" City Hall Hot Water System upgrade including:
bu Pnov�eand ins|uU (2) new boilers chiller to replace ex�bnO wh more efficient model uf
equivalent capacity.
• Preparation of equipment room to accommodate new equipment
• Revised gas line configurations
• Revised water Piping configurations
• Revised flue venting
• System draining and re-filling
• StaginA, equipment lifting, and installation
• Installation of new boilers
• Boiler start-up
• Removing and disposal of existing material
• Energy Management System integration of control and monitoring points aasncieted ith
mechanical systems (see oeohonbe|ov). w new
" 0�ne}nmei|���rQyK8�msg�nm�nt�y�t�mmUE0�8A6orihe����Hsd/xxdh�ennot�aoc��S�
• Provide and install one (1) new omn�V|�nand end devices for chU|edwater system.
o Provide and inatd|one (1 new oon�n|�rand end devices for hot we�rsystem.
• Integrate new wireless Lhe)rmootutnetwork.
• Programming ofcontrollers.
o Provide and install one (1) new computer for energy management system in City Hall
engineering office with associated Honeywell EB| software licenses.
o Internet access to system for 2 simultaneous usem
o Graphic displays for chilled water system, heating -hot water syskam thermostats (including
n City).
'
o Internet connection iutnbe supplied and maintained by the City. (See clarification 8)
' o Sixteen hours of operator training to be conducted i » sessions oi(4) hour blocks minimum.
Train/»gistobeperfonnedvithinSw*ekmfollowing
benoficiu| use of the EMS.
Period #f Performance: The Work shall commence onTBD /"E��Ct/v8Dsde"\aR��h�|/b
completed byTE}D ("Completion Date") ` ' �
Additional Clarirleations and/or :
1- No work with asbestos (if existing) is included im this proposal. Asbestos testing,
removal iobepedbmnedbvother. ' '
2. Monthly progress reports for EEC88 reporting are included only during the activity period and will
not continue after each project ia closed out.
3. The wireless DDC thermostats will use the existing pneumatics bz actuate the VAVb
y�odi�oatimn, nypa)r, and upgrade ofexiodng pneumatic oyatenn is avei/ab|ec�eddib «»eo�
this proposal.
additional
4. The new energy management system will provide control and monitoring of the equipment
referenced in this proposal only.
5. The City will be responsible for in0arnet access to the oonsystem. puterhoabngtheanmrgyman�g t
system.
management
6. Remote access tu the Energy Management software (EBI) shall be via aVPN (virtual poot oeu protected
network) connection with the City of Baldwin Park's wide area network Any
mrnantruntunaconnection may require addiU m
ona/pteotiunforLheEB| � network
to be quoted i installation.
oo��an*atadd�t/onu|coo{
Honeywell Building Systems Agreement KRov 0e/09
' Page 28 of 38
�, i i i
Proposed Price: four hundred thousand, seven hundred eighty six dollars ($400,786.00)
❑ Sales Tax will be invoiced separately ED Use Tax is included in the Price ❑ This sale is tax
exempt
Payment: Upon the City of Baidwin Park's acceptance of this proposal the Customer shall pay
Honeywell ten 10% of the Proposed Price, Such payment shall be used for engineering,
drafting, and other mobilization costs reasonably incurred prior to on-site installation.
Acceptance: This proposal and the paces attached shall become an Agreement in accordance
with Article 13 of the General Terms and Conditions below and only upon signature below by an
authorized representative of Honeywell and Customer, subject to credit approval by Honeywell.
Accepted by:
HONEYWELL BUILDI
Signature:
Name:
Title:
Title:
Date:
Honeywell Building Systems Agreement (Rev. 08/09) Page 29 of 38
EXHIBIT "C"
Contract completion time shall be 150 C@kand8r days from NObC8 t0 PnQD89d Date.
If the Notice to Proceed is issued prior to November 1, 2010, the following are project
milestones and dates. °
Project Start Date
November 1, 2010
Order Boiler
November 2, 2010
Order Chiller
November 2, 2010
Prepare Control Drawings
November 8, 2010
Order Control Equipment
November 22, 2010
Install New Boilers
February 2, 2011
Boiler Start Up and Test
February 14, 2011
Install New Chillers
March 10, 2011
Chiller Start Up and Test
March 22, 2011
Check Out and Test Controls Operation
March 23, 2011
System Demonstration
March 30, 2011
Training
March 31, 2011
Project Completion and Sign Off
April 1, 2011
ID
!Task Name
Duration
Start
Finish /Predecessors
1
=;
Receive Order
0 days
Mon 11/1/101
Mon 11/1/101
_
!Order Boiler
1 day!
Y
Tue 11/2/101
Tue 11/2/1011
3
Asbestos Check
3 daysl
Wed 11/3/10!,
Fri 11/5/102
44
--
Extend Piping Pads
5 days
Mon 11/8/101
Fri 11/12/1013
5
-';
!Receive New Boners
1 dayi
-i ue 2/1/111
Tue 2'1/11(
6
�—
;Remove Hot Water Pumps
dayi
Wed -2/2/111
Wed 2/2 11 h
7
IRe -Build Hot WaterPumps
5 days /,
Thu 2/3/111
Wed 219/1116
8
Demolish Boilers
5 days/
Thu -)/q-/l 11
Wed 2/9/11
9 ja
IRe- Install re -Built Hot Water Pumps
1 dayi
Tue 2/8111
Tue 2/8111
0
install New Boilers
1 dayi
Wed 2J2/'I 1 i
Wed 222/111
1
jFabricate New Piping Connections
5 days
Thu 213/111
Wed 2/9/11110
12
`Pressure Test Hot Water Piping
1 dayi
Thu 2/10/11 j
Thu 2/10/11 11 1
3
(insulate Hot Water Piping
1 day;
Fri 2/11/111
Fri 2/11/11112
14
j'Start Up and Test
1 dayi
Mon 2/14/11
Mon 2/14/11!13
16
Order Chiller
1 day,
Tue 11/2/101
Tue 11/2/1011
17
:
,Asbestos Check 1
3 daysl
Wed 11/3/10
Fri 11/5/1012
18
i
!Extend Piping Pads
5 days!
Mon 11/8/10
Fri 11112-1103
9
Receive New Chiller j
1 dayl
Tue 2/22/111
Tue 2122/11
20
lRemove Chilled Water Pumps
1 dayi
Wed 2/23/111
Wed 2,123/1115
21
�"
fte Build Chilled hJafer °amps
5 days Thu 2/24/111
Wed 3/J1116
�22
!Demolish Chiller
5 days
Thu 3/3/111
Wed 3/9/11121 j
23
lRe- Install re - Built Chine' Water Pumps
1 dayi
Thu 3/3/11
Thu 3/3/11
24
!install New Chillers
1 dayl
Thu 3/10/11
Thu 3/10/11119
25
jFabricate New Piping Connections
5 days,
Fri 3/11/11 i
Thu 3117111 j10
26
Pressure Test Chilled Water Piping
1 dayi
Fri 3/18/111
Fri 3/18/11111
27
Insulate Chilled Water Piping
1 day
Mon 3/21/11,
Mon 3/21/11112
28
_.
;Start Up and Test
1 day!
Tue 3/22/111
Tue 3/22/11113
29
j
30
jPrepare Control Drawings
10 days
Mon 11/8/10
Fri 11/19/10117
31
Order Controls Equipment
1 day
Mon 11/22/10
Mon 1 1 /2211 0130
32
Electrical Rough In Controls
5 days
Mon 11/1/10
Fri 11 /5/1 0
33�
!,Software Preperation
5 daysl
Mon 1 11 /221101
Fri 11/26/101
34
Verify Software Sequences
2 days
Mon 11/29/101
Tue 11/30/1033
35
Check Out & Test Controls Operation
5 days,
Wed 3/23/11'
Tue 3/29/111
36
System Demonstration
1 dayl
Wed 3/30/11
Wed 3/30/11135
37
�Traihing
1 day
Thu 3131111 j
Thu 3/31 /11136
39
/Project Completion and Sign Off
1 day
Fri 4/1/11!
Fri 4/1/11137
EXHIBIT r
ADDITIONAL PROVISIONS
O3l5l0
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY AND CONSERVATION
BLOCK GRANT PROGRAM — FORMULA GRANTS
Table of Contents
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM — FORMULA GRANTS ....................... ....................................................
l RESOLUTION OF CONFLICTING CONDITIONS ..................................................................................
2. AWARD AGREEMENT TERMS AND CONDITIONS ............................................................................
I AWARD PROJECT PERIOD AND BUDGET PERIODS .........................................................................
4. STAGED DISBURSEMENT OF FUNDS .................................................................................................. 2
i PAYMENT PROCEDURES ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (A8AP) SYSTEM .............................................................................. 3
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION COEXTENSIVE BUDGET PERIOD
ANDPROJECT PERIOD ........................................................................................................................... 3
7. COST SHARING FFfD}C'8 NOT INVOLVED .......................................................................................... 3
8. I8E8DDGB?DN0 AND RECOVERY OF INDIRECT COSTS .................................................................. 4
V. CEILING ON ADMINISTRATIVE COSTS ............................................................................................... 5
lU. LIMITATIONS ON USE OFFOND8. ........................... ......... ................................................................ 5
ll. PRE-AWARD COSTS ......... --------------'''—'---------''—'-------�--�5
12. lJ8BOBPROGRAy�INC0D�B ADDITION 5
ll STATEMENT OF FEDERAL STEWARDSHIP ........................................................................................ 5
14. SITE VISITS ............. .................................................................................................................................. 6
15. REPORTING REQUIREMENTS_ ... .......... ................................ --......................... ............................. 6
]G. PUBLICATIONS ---------------------------------------------'6
17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS ----------------------'6
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION ----------'7
]y. LOBBYING RESTRICTIONS .................................................................................................................... 7
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS
SENSEOF CONGRESS ........................................................................................................................... 7
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP -------------------------.7
22. NATIONAL ENVIRONMENTAL POLICY ACT(NBYA) REQUIREMENTS ........................................ 7
23. DECONTAMINATION AND/OR DECOMMISSIONING (D&I} ) COSTS .............................................. 8
24. SPECIAL PROVISIONS RELATING 7OWORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT 0F2OOy (MAY 2UU9) ......................................................................................... 8
25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION l5l2OFTHE
RECOVERY ACT (MAY 2009) ............................................................................................................... l2
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS —SECTION
]685OFTHE AMERICAN RECOVERY AND REINVESTMENT ACT OF2U0q (MAY 20OQ) ......... l2
27. REQUIRED USE DF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED
UNDER INTERNATIONAL /\GKEEMENIS)-8BCTIONl605OFTHE AMERICAN RECOVERY
AND REINVESTMENT ACT OF208A (MAY 2U09) ..... ....................................................................... ]4
28. WAGE RATE REQUIREMENTS UNDER SECTION l6060F THE RECOVERY ACT (MAY 200g)l7
29. RECOVERY ACT TRANSACTIONS LISTED DN SCHEDULE 0F EXPENDITURES OF FEDERAL
AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SOBREClPlINTG(MAY
2OU9) .......................................................................................................................................................... l8
30. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NOV
2OOy) .......................................................................................................................................................... lQ
31. HISTORIC PRESERVATION .................................................................................................................. 24
Not Specified/Other
031510
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM — FORMULA GRANTS
1. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in
this award must be referred to the DOE Award Administrator for guidance.
2. AWARD AGREEMENT TERMS AND CONDITIONS
0
This award /agreement consists of the Grant and Cooperative Agreement cover page, plus the following:
a. Special terms and conditions.
b. Attachments:
Attachment No. Title
Intellectual Property Provisions
Project Activity Worksheet(s) are attached. If the Worksheet is for the Strategy,
the grant will be amended to include additional Worksheets as activities are
approved.
Federal Assistance Reporting Checklist
Budget Pages are attached. For Strategy, the SF -424A is attached, if it was
included in the application. The grant will be amended to include additional
Budget Pages as activities are approved.
Davis -Bacon Act Wage Determination(s), if applicable. For Strategy awards, the
Wage Determination will be included when activities are approved.
Special Requirements, if applicable
SHPO Letter, if applicable
c. Applicable program regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA) of
2007, Public Law 110 -140.
d. DOE Assistance Regulations, 10 CFR Part 600 at http: / /ecfr.gpoaccess.gov and if the award is for research
and to a university or non - profit, the Research Terms & Conditions and the DOE Agency Specific
Requirements at http://www.nsfgov/bfa/dias/policy/i-te/indexjsp.
e. Application /proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at
htt :limana�ement.ener < >v. =ov business doe /1374.htili
The Project and Budget Periods for this award are concurrent for a 36 -month period as indicated in Item No. 7
of the Assistance Agreement Face Page.
[ i IF MARKED, THIS TERM IS APPLICABLE
The total funding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page.
However, funds will be released according to a staged disbursement schedule. All funds must be expended
within 36 months of the effective date of the award.
Not Specified/Other
031510
[ ] For Energy Efficiency Conservation Strategy (SECS) Only awards, funds in the amount of
$ [ ] is released to the Recipient to begin work on the EELS. The approved activities are listed in Attachment
2, Project Activity Worksheets. The remaining funds will be released for disbursement upon DOE approval of
the SECS and amendment of the award to include the authorized Project Activity Worksheets.
[ ] Funds in the amount of $ [ ] is released to the Recipient to begin work on the activities listed in
Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon DOE
approval of additional activities and amendment of the award to include the authorized Project Activity
W oitksheets.
[ ] Funds in the amount of $ [ ] is released to the Recipient to begin work on administrative duties pending
resolution of problematic issues such as eligibility, technical issues, NEPA, historic preservation, budgetary
items, or similar issues. The remaining funds will be released upon successful resolution of these issues and
amendment of the award.
5. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM
[ 1 IF MARKED, THIS TERM DOES NOT APPL Y — SEE ATTACHMENT 6
a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP
system.
b. Requesting Advances. Requests for advances must be made through the ASAP system. You may submit
requests as frequently as required to meet your needs to disburse funds for the Federal share of project
costs. If feasible, you should time each request so that you receive payment on the same day that you
disburse funds for direct project costs and the proportionate share of any allowable indirect costs. If same -
day transfers are not feasible, advance payments must be as close as is administratively feasible to actual
disbursements.
c. Adjusting payment requests for available cash. You must disburse any funds that are available from
repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract
settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before requesting
additional cash payments from DOE/NNSA.
d. Payments. All payments are made by electronic funds transfer to the bank account identified on the ASAP
Bank Information Form that you filed with the U.S. Department of Treasury.
FUNDING 6. INCREMENTAL O, OD
AND PROJECT PERIOD
This award is funded on an incremental basis. The maximum obligation of the DOEINNSA is limited to the
amount shown on the Agreement Face Page. You are not obligated to continue performance of the project
beyond the total amount obligated and your pro rata share of the project costs, if cost sharing is required.
Additional funding is contingent upon the availability of appropriated funds and substantial progress towards
meeting the objectives of the award.
7. COST SHARING FFRDC'S NOT INVOLVED
APPLICABLE ONL Y IF COST SHARING IS INCL UDED IN THE AWARD.
a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated
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project costs. The Recipient's cost share must come from non - Federal sources unless otherwise allowed by
law. By accepting federal funds under this award, you agree that you are liable for your percentage share
of total allowable project costs, on a budget period basis, even if the project is terminated early or is not
funded to its completion. This cost is shared as follows:
Budget
Budget
Government Share
Recipient Share
Total Estimated Cost
Period
Period Start
$/%
$/%
No.
N/A
Total Project
b. If you discover that you may be unable to provide cost sharing of at least the amount identified in
paragraph a of this article, you should immediately provide written notification to the DOE Award
Administrator indicating whether you will continue or phase out the project. If you plan to continue the
project, the notification must describe how replacement cost sharing will be secured.
c. You must maintain records of all project costs that you claim as cost sharing, including in-kind costs, as
well as records of costs to be paid by DOE/NNSA. Such records are subject to audit.
d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by
DOE/NNSA of some or all the funds provided under the award.
THE APPLICABLE TERM IS MARKED BELOW.
[ X ] REBUDGETING AND RECOVERY OF INDIRECT COSTS — REIMBURSABL FRINGE BENEFITS
a. If actual allowable fringe benefits are less than those budgeted and funded under the award, you may
use the difference to pay additional allowable direct costs during the project period. If at the
completion of the award the Government's share of total allowable costs (i.e., direct, fringe benefits),
is less than the total costs reimbursed, you must refund the difference.
b. Recipients are expected to manage their fringe benefits. DOE will not amend an award solely to
provide additional funds for changes in fringe benefits. DOE recognizes that the inability to obtain
full reimbursement for fringe benefits means the recipient must absorb the underrecovery. Such
underrecovery may be allocated as part of the organization's required cost sharing.
[ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS —REIMBURSABLE INDIRECT COSTS
a. If actual allowable indirect costs are less than those budgeted and funded under the award, you may
use the difference to pay additional allowable direct costs during the project period. If at the
completion of the award the Government's share of total allowable costs (i.e., direct and indirect), is
less than the total costs reimbursed, you must refund the difference.
b. Recipients are expected to manage their indirect costs. DOE will not amend an award solely to
provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to
obtain full reimbursement for indirect costs means the recipient must absorb the underrecovery.
Such underrecovery may be allocated as part of the organization's required cost sharing.
c. The budget for this award includes indirect costs, but does not include fringe benefits. Therefore,
fringe benefit costs shall not be charged to nor shall reimbursement be requested for this project nor
shall the fringe benefit costs for this project be allocated to any other federally sponsored project. In
addition, fringe benefit costs shall not be counted as cost share unless approved by the Contracting
Officer.
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[ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS - INDIRECT COSTS AND FRINGE
BENEFITS ARE NOT REIMBURSABLE
The budget for this award does not include indirect costs or fringe benefits. Therefore, these expenses
shall not be charged to nor reimbursement requested for this project nor shall the fringe and indirect costs
from this project be allocated to any other federally sponsored project. In addition, indirect costs or
fringe benefits shall not be counted as cost share unless approved by the Contracting Officer.
9. CEILING ON ADMINISTRATIVE COSTS
a. Recipients may not use more than 10 percent of amounts provided under this program, or $75,000,
whichever is greater (EISA Sec 545(b)(3)(A), for administrative expenses, excluding the costs of meeting
the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured and
summarized for each activating under the Projected Costs Within Budget: Administration.
b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to
provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on this
project for any final administrative costs that are in excess of the designated 10 percent administrative cost
ceiling. In addition, the Recipient shall neither count costs in excess of the administrative cost ceiling as
cost share, nor allocate such costs to other federally sponsored projects, unless approved by the Contracting
Officer.
10. LIMITATIONS ON USE OF FUNDS
a. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec 545(b)(3)(B),
for the establishment of revolving loan funds.
b. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec 545(b)(3)(C),
for subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the
energy efficiency and conservation strategy of the eligible unit of local government.
APPLICABLE ONLYIF COMPLETED BELOW.
You are entitled to reimbursement for preaward costs for the period from [MonthDayYear] to [MonthDayYear]
in accordance with your request dated [MonthDayYear] if such costs are allowable in accordance with the
applicable Federal cost principles referenced in 10 CFR Part 600.
12. USE OF PROGRAM INCOME - ADDITION
If you earn program income during the project period as a result of this award, you may add the program
income to the funds committed to the award and use it to further eligible project objectives.
rf12IBh. 11,84)XItllla
DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under this
award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and
financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to
correct deficiencies which develop during the project; assuring compliance with terms and conditions; and
reviewing technical performance after project completion to ensure that the award objectives have been
accomplished.
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03151.0
14. SITE VISITS
DOE's authorized representatives have the right to make site visits at reasonable times to review project
accomplishments and management control systems and to provide technical assistance, if required. You must
provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources,
and assistance for the safety and convenience of the government representatives in the performance of their
duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or
delay the work.
15. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal Assistance
Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting
requirements is considered a material noncompliance with the terms of the award. Noncompliance may
result in withholding of future payments, suspension, or termination of the current award, and withholding
of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory
performance of this and /or other financial assistance awards, may also result in a debarment action to
preclude future awards by Federal agencies.
b. Dissemination of scientific /technical reports. Scientific /technical reports submitted under this award will
be disseminated on the Internet via the DOE Information Bridge (www.osti.gov /bridge), unless the report
contains patentable material, protected data, or SBIR/STTR data. Citations for journal articles
c. produced under the award will appear on the DOE Energy Citations Database
(www.osti.aovlener2ycitations).
d. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected Personal
Identifiable Information (PII), limited rights data (proprietary data), classified information, information
subject to export control classification, or other information not subject to release.
16. PUBLICATIONS
a. You are encouraged to publish or otherwise make publicly available the results of the work conducted
under the award.
b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any material,
whether copyrighted or not, based on or developed under this project, as follows:
Acknowledgment: "This material is based upon work supported by the Department of Energy under
Award Number [Enter the award number]."
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States
Government. Neither the United States Government nor any agency thereof, nor any of their employees,
makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy,
completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that
its use would not infringe privately owned rights. Reference herein to any specific commercial product,
process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or
imply its endorsement, recommendation, or favoring by the United States Government or any agency
thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the
United States Government or any agency thereof."
17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and
regulations for work performed under this award.
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18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award are provided as an attachment to this award or
are referenced on the Agreement Face Page. A list of all intellectual property provisions may be found at
http: / /www.�4c.doe.�4ov /financial assistance awards.htm.
b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator and
the Patent Counsel designated as the service provider for the DOE office that issued the award. The IP
Service Providers List is found at
http:i /www.gc.doe.,ov /documents % Intelleetual Property (IP) Service Providers foi- Acquisitio,n.pdf
19. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the fiunrls n,l_i_aate on the and shall be
_d
expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters
pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.
This restriction is in addition to those prescribed elsewhere in statute and regulation
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS --
SENSE OF •
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with
funds made available under this award should be American -made.
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your
parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your
consent to the institution of an involuntary case under the Bankruptcy Act against you or your parent; (iii)
the filing of any similar proceeding for or against you or your parent, or its consent to, the dissolution,
winding -up or readjustment of your debts, appointment of a receiver, conservator, trustee, or other officer
with similar powers over you, under any other applicable state or federal law; or (iv) your insolvency due to
your inability to pay your debts generally as they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of an
event referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the impact
such event will have on the project being funded by this award.
c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to
conduct a review of your award to determine your compliance with the required elements of the award
(including such items as cost share, progress towards technical project objectives, and submission of
required reports). If the DOE review determines that there are significant deficiencies or concerns with
your performance under the award, DOE reserves the right to impose additional requirements, as needed,
including (i) change your payment method; or (ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this
financial assistance award by the Contracting Officer.
You are restricted from taking any action using Federal funds, which would have an adverse effect on the
environment or limit the choice of reasonable alteratives prior to DOE/NNSA providing either a NEPA
clearance or a final NEPA decision regarding this project. Prohibited actions include those activities not
included in Attachment 2- Project Activity Worksheets.
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This restriction does not preclude you from the activities included in Attachment 2- Project Activity
Worksheets: (1) Acquisition of Technical services to support conduct of a greenhouse gas inventory (GHG) of
city -owned buildings, parks, and non - roadway lighting, (2) Implementation of a public outreach and education
program for energy efficiency and conservation, (3) Retrofit of traffic signals and lighted street signs with light
emitting diode bulbs (4) Installation of photovoltaic roof on Community Center Building (1988) and (5) Retrofit
the air conditioning chilled water system, heating hot water system, and related pneumatic controls for the City
Hall Building (1978).
If you move forward with activities that are not authorized for federal funding by the DOE Contracting Officer
in advance of the final NEPA decision, you are doing so at risk of not receiving federal funding and such costs
may not be recognized as allowable cost share.
If this award includes construction activities, you must submit an environmental evaluation report/evaluation
notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process.
23. DECONTAMINATION AND /OR DECOMMISSIONING (D &D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shah not be responsible for or have
any obligation to the recipient for (i) Decontamination and/or Decommissioning (D &D) of any of the recipient's
facilities, or (ii) any costs which may be incurred by the recipient in connection with the D &D of any of its
facilities due to the performance of the work under this Agreement, whether said work was performed prior to
or subsequent to the effective date of this Agreement.
24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009)
prf- '2mble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve
and create jobs and promote economic recovery, assist those most impacted by the recession, provide
investments needed to increase economic efficiency by spurring technological advances in science and health,
invest in transportation, environmental protection, and other infrastructure that will provide Long -term economic
benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential
services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that
maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance,
accountability, transparency, data collection and resources as specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subreeipients, including obtaining a DUNS number
(or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act
and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep
separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of the Recovery Act, particularly
concerning specific procedural requirements for the new reporting requirements. The Recipient will be
provided these details as they become available. The Recipient must comply with all requirements of the Act.
If the recipient believes there is any inconsistency between ARRA requirements and current award terms and
conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the
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American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5. Covered Funds will have special accounting
codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or
modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non - Federal employer means any employer with respect to covered funds — the contractor, subcontractor,
grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer;
and any professional membership organization, certification of other professional body, any agent or licensee of
the Federal government, or any person acting directly or indirectly in the interest of an employer receiving
covered funds; or with respect to covered funds received by a State or local government, the State or local
government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or
subcontractor of the State or local government; and does not mean any department, agency, or other entity of
the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal government (including
Recovery Act funds received through grant, loan, or contract) other than an individual and includes SM to that
- - loan, a � �a�., ac
receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery Act.
Financial and accounting systems should be revised as necessary to segregate, track and maintain these
funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be
commingled with any other funds or used for a purpose other than that of making payments for costs
allowable for Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and Reinvestment
Act of 2009, Pub. L. 111 -5, may be used by any State or local government, or any private entity, for any
casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.
C. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub.
L. 111 -5, any representative of an appropriate inspector general appointed under section 3 or 8G of the
Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized —
(1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any
State or local agency administering such contract that pertain to, and involve transactions relation to,
the subcontract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such
transactions.
D. Publication
An application may contain technical data and other data, including trade secrets and/or privileged or
confidential information, which the applicant does not want disclosed to the public or used by the
Government for any purpose other than the application. To protect such data, the applicant should
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specifically identify each page including each line or paragraph thereof containing the data to be protected
and mark the cover sheet of the application with the following Notice as well as referring to the Notice on
each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages - - -- of this application have been submitted in confidence and contain trade
secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes,
provided that if this applicant receives an award as a result of or in connection with the submission of this
application, DOE shall have the right to use or disclose the data here to the extent provided in the award.
This restriction does not limit the Government's right to use or disclose data obtained without restriction
from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the website
www.recovery.gov , maintained by the Accountability and Transparency Board. The Board may exclude
posting contractual or other information on the website on a case -by -case basis when necessary to protect
national security or to protect information that is not subject to disclosure under sections 552 and 552a of
title 5, United States Code.
E. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to:
Prohibition on Reprisals: An employee of any non - Federal employer receiving covered funds under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, may not be discharged, demoted, or
otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary
course of an employee 's duties, to the Accountability and Transparency Board, an inspector general, the
Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a
person with supervisory authority over the employee (or other person working for the employer who has
the authority to investigate, discover or terminate misconduct, a court or grant jury, the head of a Federal
agency, or their representatives information that the employee believes is evidence of:
• gross management of an agency contract or grant relating to covered funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or safety related to the implementation or use of
covered funds;
• an abuse of authority related to the implementation or use of covered funds; or
• as violation of law, rule, or regulation related to an agency contract (including the competition for or
negotiation of a contract) or grant, awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the
head of the agency shall determine whether there is sufficient basis to conclude that the non - Federal
employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order
denying relief in whole or in part or shall take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held before the reprisal,
together with compensation including back pay, compensatory damages, employment benefits, and
other terms and conditions of employment that would apply to the person in that position if the reprisal
had not been taken.
• Order the employer to pay the employee an amount equal to the aggregate amount of all costs and
expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the
employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the
head of a court of competent jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as
provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by
this section may not be waived by any agreement, policy, form, or condition of employment, including any
Not Specified/Other 10
031510
predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it
requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, shall post notice of the rights and
remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of
2009, Pub. L. 111 -5, www.Recovery.gov, for specific requirements of this section and prescribed language
for the notices.).
F. Request for Reimbursement
Reserved
G. False Claims Act
Recipient and sub - recipients shall promptly refer to the DOE or other appropriate Inspector General any
credible evidence that a principal, employee, agent, contractor, sub - grantee, subcontractor nr other person
has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of
laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct involving those funds.
H. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under the Recovery
Act including such items as timecards and invoices. Recipient shall provide copies of backup
documentation at the request of the Contracting Officer or designee.
1. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of
costs until September 30, 2015.
J. Additional Funding Distribution and Assurance of Appropriate Use of Funds
Annlicable if award is to a State Government or an A2enc
Certification by Governor -- Not later than April 3, 2009, for funds provided to any State or agency thereof
by the American Reinvestment and Recovery Act of 2009, Pub. L. 111 -5, the Governor of the State shall
certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to
create jobs and promote economic growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted
for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent
resolution, shall be sufficient to provide funding to such State.
Distribution — After adoption of a State legislature's concurrent resolution, funding to the State will be for
distribution to local governments, councils of government, public entities, and public- private entities within
the State either by formula or at the State's discretion.
K. Certifications
With respect to funds made available to State or local governments for infrastructure investments under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, the Governor, mayor, or other chief
executive, as appropriate, certified by acceptance of this award that the infrastructure investment has
received the full review and vetting required by law and that the chief executive accepts responsibility that
the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an
additional certification that includes a description of the investment, the estimated total cost, and the
Not Specified/Other 11
031510
amount of covered funds to be used for posting on the Internet. A State or local agency may not receive
infrastructure investment funding from funds made available by the Act unless this certification is made
and posted.
25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009)
a. This award requires the recipient to complete projects or activities which are funded under the American
Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds
provided through this award. Information from these reports will be made available to the public.
b. The reports are due no later than ten calendar days after each calendar quarter in which the recipient
receives the assistance award funded in whole or in part by the Recovery Act.
c. Recipients and their first-tier recipients must maintain current registrations in the Central Contractor
Registration (http: / /www.ccr.gov) at all times during which they have active federal awards funded with
Recovery Act funds. A Dun and Bradstreet Data Universal Numbering Syste,n (DTUNSI N„mher
(http: / /www.dnb.com) is one of the requirements for registration in the Central Contractor Registration.
d. The recipient shall report the information described in section 1512(e) of the Recovery Act using the
reporting instructions and data elements that will be provided online at http: / /www.FederalReporting.gov
and ensure that any information that is pre -filled is corrected or updated as needed.
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (IMAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERYACT FUNDS FOR CONSTRUCTION
ALTERATION MAINTENANCE OR REPAIR OF PUBLIC BUILDING OR PUBLIC WORK AND
THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN $7,443,000. THIS AWARD TERM ALSO
APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition --
(1) Manufactured good means a good brought to the construction site for incorporation into the building or
work that has been -
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying
islands of the United States; State and local governments; and multi - State, regional, or interstate
entities which have governmental functions). These buildings and works may include, without
limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power
lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways,
lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
b. Domestic preference.
(1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment
Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and manufactured goods
used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4)
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031510
of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
None
[Award official to List applicable excepted materials or indicate "none "]
(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2)
of this section and condition if the Federal Government determines that- -
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost
of domestic iron, steel, or manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the cost of the overall project by more than 25
percent;
(ii) The iron, and/or manufactured good is of produced, n lac ed the United
_ an f"C zl-- n p� d, or ma..t tAr a ru u States in
sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with
the public interest.
c. Request for determination of inapplicability of Section 1605 of the Recovery Act.
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with
paragraph (b)(3) of this section shall include adequate information for Federal Government
valuation of the request, including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and /or manufactured
goods cited in accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and /or manufactured goods material shall include all delivery costs
to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not
have requested the determination before the funds were obligated. If the recipient does not
submit a satisfactory explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the
award official will amend the award to allow use of the foreign iron, steel, and/or relevant
manufactured goods. When the basis for the exception is nonavailability or public interest, the
amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and /or
other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and /or
relevant manufactured goods. When the basis for the exception is the unreasonable cost of the
domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or
redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the
American Recovery and Reinvestment Act.
Not Specified/Other 13
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d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the
Recipient shall include the following information and any applicable supporting data based on the survey of
suppliers:
Foreign and Domestic Items Cost Comparison
Description
Unit of Measure
Quantity
Cost
(dollars)*
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2.
Foreign steel, iron , or manufactured good
Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED
UNDER INTERNATIONAL AGREEMENTS) -- SECTION 1605 OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECO PER YA CT FUNDS FOR CONSTRUCTION
ALTERATION MAINTENANCE OR REPAIR OF PUBLIC BUILDING OR PUBLIC WORD WITH
TOTAL PROJECT VAL UE OVER $7 443 000 THAT INVOL VES IRON STEEL AND /OR
MANUFACTURED GOODS MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS
THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition --
Designated country —
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium,
Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak
Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom;
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or
Singapore); or
(3) A United States- European Communities Exchange of Letters (May 15, 1995) country: Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal,
Not Specified/Other 14
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Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and /or manufactured goods —
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from another country,
has been substantially transformed in a designated country into a new and different manufactured good
distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another country,
has been substantially transformed in the United States into a new and different manufactured good
distinct from the materials from which it was transformed. There is no requirement with regard to the
origin of components or subcomponents in manufactured goods or products, as long as the
manufacture of the goods occurs in the United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not
domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the building or
work that has been --
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the properties
of the individual raw materials.
Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying
islands of the United States; State and local governments; and multi - State, regional, or interstate
entities which have governmental functions). These buildings and works may include, without
limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power
lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways,
lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works.
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
b. Iron, steel, and manufactured goods.
(1) The award term and condition described in this section implements- -
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are
produced in the United. States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner
consistent with U.S. obligations under international agreements. The restrictions of section 1605
of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods.
The Buy American requirement in section 1605 shall not be applied where the iron, steel or
manufactured goods used in the project are from a Party to an international agreement that
obligates the recipient to treat the goods and services of that Parry the same as domestic goods and
services. This obligation shall only apply to projects with an estimated value of $7,443,000 or
Not Specified/Other 15
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0ir.30M
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in
performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3)
and (b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured
goods listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate "none "]
(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of
this SeCUon if the Federal Government determines that- -
(i) The cost of domestic iron, steel, and /or manufactured goods would be unreasonable. The cost of
domestic iron, Steel, and /or manufactured goods used m the project is unreasonable when the
cumulative cosy of such material will increase the overall cost of tttc project by more loan 25
percent;
(ii) The iron, steel, and /or manufactured good is not produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with
the public interest.
c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act.
(1) (i) Any recipient request to use foreign iron, steel, and /or manufactured goods in accordance with
paragraph (b)(4) of this section shall include adequate information for Federal Government
evaluation of the request, including- -
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured .
goods cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction
site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated
for a project for construction, alteration, maintenance, or repair shall explain why the recipient
could not reasonably foresee the need for such determination and could not have requested the
determination before the funds were obligated. If the recipient does not submit a satisfactory
explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the
award official will amend the award to allow use of the foreign iron, steel, and /or relevant
manufactured goods. When the basis for the exception is nonavailability or public interest, the
amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and /or
other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel,
and/or relevant manufactured goods.. When the basis for the exception is the unreasonable cost of the
domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or
Not Specified/Other 16
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redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel, and /or manufactured goods other than designated country iron, steel,
and/or manufactured goods is noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the
applicant shall include the following information and any applicable supporting data based on the survey of
suppliers:
Foreign and Domestic Items Cost Comparison
Description
Unit of
Measure
Quantity
Cost
(dollars)*
Item 1
Foreign steel, iron, or manufactured good
Domestic steel, iron. or manufactured good
Item 2:
Foreign steel, iron , or manufactured good
Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)
THISAWARD TERM IS APPLICABLE TO RECOVERYACT PROGRAMS OR ACTIVITIES THAT MAY
INVOL VE CONSTR UCTION ALTERATION MAINTENANCE OR REPAIR. THIS AWARD TERM
ALSO APPLIES TO ALL SUB GRANTS AND CONTRACTS.
a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal
Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor
has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis -Bacon and related Acts.
Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract
clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under
the Recovery Act shall ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are
incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or
repair (including painting and decorating).
b. For additional guidance on the wage rate requirements of section 1606, contact your awarding agency.
Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the
application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency
Not Specified/Other 17
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funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan
Number 14.
29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL
AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009)
a. To maximize the transparency and accountability of funds authorized under the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111 - -5) (Recovery Act) as required by Congress and in accordance with
2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A --
102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and
application of Recovery Act funds. OMB Circular A - -102 is available at
http: / /www.whitehouse.gov /omb /circulars /al 02 /a102.htmi
For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A - -133, "Audits of
States, Local Governments, and Non - Profit Organizations rPc;piPnrc agree to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal
Awards (SEFA) and the Data Collection Form (SF - -SAC) required by OMB Circular A -433, OMB
Circular A--133 is available at http: / /www.whitehouse.gov /omb /circulars /a133 /al33.httmi. This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on
the SEFA, and as separate rows under Item 9 of Part III on the SF - -SAC by CFDA number, and inclusion
of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first
characters in Item 9d of Part III on the SF- -SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at
the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act
funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to
subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards
under the existing program.
d. Recipients agree to require their subrecipients to include on their SEFA information to specifically identify
Recovery Act funding similar to the requirements for the recipient SEFA described above. This information
is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as
oversight by the Federal awarding agencies, Offices of Inspector General and the Government
Accountability Office.
30. DAVIS BACON ACT AND CONTRACT WORD HOURS AND SAFETY STANDARDS ACT (NOV
2009)
THIS A WARD TERM IS APPLICABLE TO ARRA A WARDS WHEN WAGE RATE REO UIREMEN.TS
UNDER SECTION 1606 OF THE RECD VERYACT TERM IS APPLICABLE. THIS AWARD TERM IS
ALSO APPLICABLE TO SUB GRANTS AND CONTRACTS.
Definitions: For purposes of this clause, Clause 30, Davis Bacon Act and Contract Work Hours and Safety
Standards Act, the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment agreement made with
Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require
compliance with the labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for
work performed by all laborers and mechanics employed by Recipients (other than a unit of State or local
government whose own employees perform the construction) Subrecipients, Contractors, and
subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall
include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients'
contractors, subcontractors, and lower -tier subcontractors. "Contractor" does not mean a unit of State or
local government where construction is performed by its own employees."
Not Specified/Other 18
031510
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier
subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance
instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii)
Sub awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not
mean a financial assistance instrument with a unit of State or local government where construction is
performed by its own employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and
who is responsible for the business management and non - program aspects of the financial assistance
process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the
form of a grant, cooperative agreement, or technology investment agreement directly from the Federal
Government and is financially accountable for the use of any DOE funds or property, and is legally
responsible for carrying out the terms and conditions of the program and Award.
(6) "Subaward" means an award of financial assistance in the fors, of money, or property in lieu of money,
made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier
subrecipient. The term includes financial assistance when provided by any legal agreement, even if the
agreement is called a contract, but does not include the Recipient's procurement of goods and services to
carry out the program nor does it include any form of assistance which is excluded from the definition of
"Award" above.
(7) "Subrecipient" means a non - Federal entity that expends Federal funds received from a Recipient to
carry out a Federal program, but does not include an individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project), will be paid unconditionally and not less often than once a week, and, without
subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the Contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such weekly period. Such laborers and mechanics
shall be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in 55.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at
the rate specified for each classification for the time actually worked therein, provided that the
employer's payroll records accurately set forth the time spent in each classification in which work
is performed. The wage determination (including any additional classification and wage rates
conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall
Not Specified /Other 19
031510
be posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
Contract shall be classified in conformance with the wage determination. The Contracting Officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any hom fide fringe benefits bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the Contracting Officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour
Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30
days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within
the 30 -day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the Contracting Officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
Contracting Officer shall refer the questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of receipt
and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the
classification under this Contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause to be withheld from
the Contractor under this Contract or any other Federal contract with the same prime contractor, or any
Not Specified/Other 20
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other federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full
amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages
required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site
of the work (or under the United States Housing Act of 1 Q37 or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section I (b)(2)(B) of the Davis -
Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed in the applicable programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed a copy
of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency is not
such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable),
applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy. The
payrolls submitted shall set out accurately and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be
included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying
number for each employee (e.g., the last four digits of the employee's social security number). The required
weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for
this purpose from the Wage and Hour Division Web site at
http:// www. dol. gov /esa/whd/forms /wh347instr.htm or its successor site. The prime Contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors
shall maintain the full social security number and current address of each covered worker, and shall provide
them upon request to the Department of Energy if the agency is a party to the Contract, but if the agency is
not such a party, the Contractor will submit them to the Recipient or Subrecipient (as applicable), applicant,
sponsor, or owner, as the case may be, for transmission to the Department of Energy, the Contractor, or the
Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to
require a subcontractor to provide addresses and social security numbers to the prime contractor for its own
records, without weekly submission to the sponsoring government agency (or the Recipient or Subrecipient
(as applicable), applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the Contract and shall certify the following:
Not Specified/Other 21
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(1) That the payroll for the payroll period contains the information required to be provided under §
5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under
§ 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
Contract during the payroll period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made either directly or indirectly
from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR
part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the Contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil
or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States
Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the Department
of Energy or the Department of Labor, and shall permit such representatives to interview employees during
working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make
them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees-
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Office
of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency
recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the Contractor as to the entire work force under the registered program.
Any worker listed on a payroll
at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not
less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage determination
for the work actually performed. Where a Contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the
applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices
Not Specified /Other 22
031510
must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by
the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employecr pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and
subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other clauses
as the Department of Energy may by appropriate instructions require, and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for
termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon
and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall
not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this
clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the
contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
Not Specified/Other 23
031510
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Acct. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be Liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
$10 for each calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1)
of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or
Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other
federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this
section.
(4)Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or
subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (b)(1) through (4) of this section. The Contractor or subcontractor shall maintain payrolls and basic
payroll records during the course of the work and shall preserve them for a period of three years from the
completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the Contract.
Such records shall contain the name and address of each such employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual
wages paid. The records to be maintained under this paragraph shall be made available by the Contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Energy
and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview
employees during working hours on the job.
31. HISTORIC PRESERVATION (Revised 3/17/10)
Prior to the expenditure of Project funds to alter any historic structure or site, the Recipient or subrecipient
shall ensure that it is compliant with Section 106 of the National Historic Preservation Act (NHPA),
Not Specified /Other 24
031510
consistent with DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to
historic properties that are listed in or eligible for listing in the National Register of Historic Places. If
applicable, the Recipient or subrecipient must contact the State Historic Preservation Officer (SHPO), and
the Tribal Historic Preservation Officer (THPO) to coordinate the Section 106 review outlined in 36 CFR
Part 800. In the event that a State, State SHPO and DOE enter into a Programmatic Agreement, the terms
of that Programmatic Agreement shall apply to all recipient and subrecipient activities within that State.
SHPO contact information is available at the following link: http:// ,,ww.neslioo.or�i/findiindex.litm.
THPO contact information is available at the following link: http: / /www.nathpo.org /map.html . Section
110(k) of the NHPA applies to DOE funded activities.
The Recipient or subrecipient certifies that it will retain sufficient documentation to demonstrate that the
Recipient or subrecipient has received required approval(s) from the SHPO or THPO for the Project.
Recipients or subrecipients shall avoid taking any action that results in an adverse effect to historic
properties pending compliance with Section 106. The Recipient or subrecipient shall deem compliance
with Section 106 of the NHPA complete only after it has received this documentation. The Recipient or
sub- recipient shall upon receipt forward a digital copy of all documentation to DOE relating to NHPA
compliance. Recipient will be required to report annually on September 1 the disposition of all historic
preservation consultations by category.
Not Specified/Other 25
031510
ATTACHMENT 1 — INTELLECTUAL PROPERTY PROVISIONS
Intellectual Property Provisions (NRD -1003)
Nonresearch and Development
Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d).
All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c).
600.136 Intangible property.
(a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership
was purchased, under an award. DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce,
publish or otherwise use the work for Federal purposes, and to authorize others to do so.
(c) DOE has the right to:
(1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.
(d) In addition, in response to a Freedom of Information act (FOIA) request for research data relating to
published research findings produced under an award that were used by the Federal Government in developing
an agency action that has the force and effect of law, the DOE shall request, and the recipient shall provide,
within a reasonable time, the research data so that they can be made available to the public through the
procedures established under the FOIA. If the DOE obtains the research data solely in response to a FOIA
request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the
research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable
subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C.
552(a)(4)(A)).
Not Specified/Other 26
CITY OF BALDWIN PARK
TO: Honorable Mayor and City Council Members
FROM: Lorena Quijano, Director of Finance`�w
DATE: December 15, 2010
SUBJECT. Annua' Statement of Investment Pol.c, y
CITY COUNCIL
1t AN
c�
This report requests City Council approval of the Investment Policy for fiscal year 2010-
2011.
BACKGROUND /ANALYSIS
The State of California Government Code Section 53600 et seq. allows a local agency,
having cash not required for the immediate necessities of the agency, to invest such
portion of the money as it deems wise or expedient in certain types of investments. As
reported in the Monthly Treasurers Report, the City of Baldwin Park has investments
with Local Agency Investment Fund.
The Statement of Investment Policy is reviewed annually to include new guidelines, if
any, for investing the City's money and has also been reviewed by our audit firm
Vasquez and Company. The City's cash management system is designed to forecast
immediate cash requirements and invest surplus monies to the fullest extent possible.
Staff is recommending the suggested revisions to the policy as noted in page three;
these revisions have been highlighted and include both the new and the old information.
There are two changes; the first is an increase in the maturity dates of some
investments (i.e., US Treasury Obligations, US Agency Securities of Government
Sponsored Corporations, Negotiable Certificates of Deposits and Time Deposits), from
180 to 365 days in order to allow for additional investment earnings that longer
maturities offer; the second change increases the number of days in which the
Treasurer's Report is submitted to the City Council from 30 to 45 days in order to allow
enough time for all bank statements to be received so that the Treasurer's Report can
be completed.
City staff makes investment decisions with care, skill, prudence, and diligence under the
circumstances then prevailing, that a prudent person acting in a like capacity would use
(Civil Code Section 2261, et seq.), and shall only make those investments allowable
under the State of California Government Code Section 53600 et seq. The criteria for
selecting investments and their order of priority are (1) safety, (2) liquidity, and (3) yield.
Annual Statement of Investment Policy
Page 2
As a result of the annual review, the City's Investment policy has been found to be in
compliance with the Government Code.
RECOMMENDATION
Staff recommends that the City Council receive and file the attached Statement of
Investment Policy for fiscal year 2010 -2011.
CITY OF BALDWI'N PARK
STATEMENT OF INVESTMENT POLICY
December 15, 2010
The Investment Policy establishes guidelines for the investment of the City's surplus cash
that is not required to meet the daily cash flow needs of the City. The investment Policy
outlines the investment objectives and the allowable investments in accordance with
applicable laws of the State of California.
1. The Investment Policy applies to all financial assets of the City as included in the
Comprehensive Aa � Dual Financial Report.
2. The Investment Policy applies to activities of the City with regard to investing surplus
cash of all funds, including the following:
a. General Fund
b. Housing Authority
C. Redevelopment Agency
d. Finance Authority
e. Special Revenue Funds
f. Capital Project Funds
g. Debt Service Funds
h. Internal Service Funds
i. Trust & Agency Funds
C. DELEGATION OF AUTHORITY
The City Council has appointed the City's elected Treasurer to be responsible for surplus
cash management and investment decisions and transactions. Daily cash management
responsibility has been delegated to the Finance Department Accounting Manager, who
shall ensure compliance with the City's investment policy. All investment transactions are
approved by either the Treasurer or the Finance Director.
D. OBJECTIVES
The primary objectives, in order of priority, of the City of Baldwin Park's investment
activities and criteria for selection of investments shall be:
1. SAFETY: The safety and risk associated with an investment, refers to the potential loss
of principal, interest, or a combination of these amounts. Safety of principal is the
primary objective and only those investments considered to be very safe will be utilized
by the City of Baldwin Park. The City shall seek to ensure that capital losses resulting
from securities default or erosion of market value are avoided.
Fags 1
City of Baldwin Park
Statement of Investment Policy
December 15, 2010
2. LIQUIDITY This refers to the ability to "cash in" at any moment in time with a minimal
chance of losing a portion of the principal or interest. Liquidity shall remain sufficient to
enable the City of Baldwin Park to meet anticipated operating needs.
3. YIELD: Yield is the potential dollar earnings an investment can provide; this is also
described as the rate of return. The City's investment portfolio shall be managed to
obtain market rates of interest while preserving and protecting capital in the overall
portfolio.
E. ETHICS AND CONFLICTS OF INTEREST
vff icials and employees 9ployees involved in the investment enrt process shall refrain from i E all personal
business activity that could conflict with the management of the investment program, or
impairs their ability to make impartial investment decisions. All individuals involved shall
disclose all gifts and income in accordance with California State law.
F. STRATEGIES
1. The City shall maintain a cash management system which accurately monitors and
forecasts revenues and expenditures enabling the City to invest surplus cash to the
fullest extent possible.
2. The City shall apply the prudent investor standard in the context of managing the
overall portfolio. When making investment decisions, the City shall act with care,
skill, prudence, and diligence under circumstances then prevailing, including but not
limited to, the general economic conditions and the anticipated needs of the City,
that a prudent person acting in a like capacity and familiarity with those matters
would use in the conduct of funds of like character and with like aims, to safeguard
the principal and maintain liquidity needs.
3. The City shall manage the investment portfolio with a buy- and -hold strategy rather
than to seek optimal returns through such techniques as swaps. The buy -and -hold
strategy ensures the return of all invested principal monies. The latter approach
would require an allocation of resources, the cost of which may be greater than the
benefit realized.
G. INVESTMENT PORTFOLIO
1. The City is authorized to invest in certain types of securities in accordance with the
California Government Code Section 53601 et seq. and 53635 et seq. Authorized
investments shall also include investments with the Local Agency Investment Fund
in accordance with the California Government Code Section 16429.1. The City has
further limited the types of securities in which the City may invest. Any security not
listed is not an authorized investment of the City. The City will invest only in the
following investments:
Im
City of Baldwin Park
Statement of Investment Policy
December 15, 2010
Per Government Code Section 53601
Max Allowable Max Max
Investment Allowable Percentage
Percentage Maturity Per Issuer
• U.S. Treasury Obligations Unlimited
(Bills, Notes, and Bonds)
• U.S. Agency Securities and Instrumentalities
of Government Sponsored Corporations
• Negotiable Certificates of Deposit issued by a nationally
chartered bank or federal savings and loan association
• Time Deposits - Collateralized
• Time Deposits — � �ncollaterali7ed
• Banker's Acceptances
• Repurchase Agreements
• Commercial Paper rated A -1 by Standard and Poor's
Corporation or P -1 by Moody's Investors Services, Inc.
• State of California Local Investment Fund (LAIF)
Unlimited
30 %
Unlimited
Unlimited
40%
Unlimited
30%
Unlimited
N/A
36 days N/A
3615 days$500,000
i"S, U $100,000
180 days 30%
180 days N/A
180 days 10 %
N/A $40,000,000
2. Money market mutual funds managed for or by the trustees, paying agents and
custodian banks contracted by the City may be purchased as allowed under
California Government Code. Only funds holding U.S. Treasury or Agency
obligations can be utilized.
3. No investment shall be made in any security other than a security underlying a
repurchase agreement, with a term remaining to maturity in excess of five years.
4. No investment shall be made in any security that could result in zero interest accrual
if held to maturity. These include inverse floaters, range notes, or mortgage derived
interest -only strips.
H. SAFEKEEPING AND COLLATERALIZATION
Securities purchased from a broker or dealer shall be held in third party safekeeping by the
trust department of the City's bank or other designated third party trust, in the City's name
and control. All securities will be received and delivered using standard delivery-versus-
payment procedure. Deposit -type securities (i.e. certificates of deposit) shall be
collateralized in accordance with the State of California Government Code.
I. REPORTING REQUIREMENTS
The City Council will be provided a monthly Treasurers Report within 45 days following
the end of the month. Data for investments will include: purchase and maturity dates, PAR
values, current principal, premium or discount, interest rate, description, book value, and
market value. Cash in bank will be reported by entity at the amount on the monthly bank
statements.
Page 3
City of Baldwin Park
Statement of Investment Policy
December 15, 2010
J. INVESTMENT POLICY
The City Council will be provided an annual Statement of Investment Policy for their
approval by July 31 of each year.
K. QUALIFIED BROKER /DEALERS
The City shall only conduct investment transactions with banks, savings and loans, and
with broker /dealers.
investment earnings from authorized investments are allocated quarterly to various funds
based on their month end balances of the pooled portfolio.
Page 4
P - A - R - K
TO:
FROM:
DATE:
SUBJECT:
PI IPPC)SF
CITY OF BALDWIN PARK
Honorable Mayor and Members of the City Council
Vijay Singhal, Chief Executive Officer
Edwin "William" Galvez, Director of Public Works
December 15, 2010
FAVY . -� �__ UVT
TR CENTER TO WATRY DESIGN,
EXCEED
DEC 15
11 ITEM N0.
STAFF REPORT
The purpose of this report is to request that the City Council consider awarding a
contract to Watry Design, Inc. for the design of a connector bridge over the Metrolink
tracks between the proposed Transit Center Parking Structure and the Metrolink Station
in an amount not to exceed $78,340.
13_Ti1,'0]Z1611P17
The City has been working for several years on developing a parking facility adjacent to
the Baldwin Park Metrolink Station. This parking facility has long been envisioned to
not only provide needed parking to the civic center area, but would add significant
transit benefits to our residents and improve regional transit, and would also uniquely
position the City to initiate a redevelopment of our downtown area.
The transit center scope of development includes the parking structure and also a
pedestrian connector bridge over the Metrolink tracks. These two elements make up a
major portion of the overall development which is envisioned to be a regional
multimodal transit facility. Design funds for both the parking structure and for the
connector bridge are contingent upon fulfilling the development of the Transit Center.
In August 2009, the City Council awarded a design contract for the Transit Parking
Structure to Watry Design Inc. However, this contract did not include the connector
bridge. There were two main reasons for this: 1) the scope of design services for the
bridge was not refined enough, that is, the City had insufficient information as to the
bridge alignment, and 2) the funding agreement for the bridge was not yet finalized.
Design Services for the Transit Center Connector Bridge Page 2 of 4
December 15, 2010
In January 2010, the funding agreement for the connector bridge was finalized, and the
Metropolitan Transportation Authority (Metro) awarded $1,810,000 ($905,000 grant with
a $905,000 match) for the bridge element. The funding for the bridge is separate from
the parking structure, but both make up the Transit Center.
The funding agreement for the bridge was contingent on an alignment that is practical
and realistic in order to finalize the agreement. Although the alignment was established
using the conceptual layout for the parking structure, the Federal Transit Administration
(FTA) indicated that their funding would not be available until a NEPA Environmental
Assessment (EA) was completed. At that point it didn't make sense to extend the
r fnr 1/\latr�t t. "ode the - id usntil of nr ±ho EA - -as 2. p •�,��ed by the
design servles =n, % o include rid " , v _ up,�r�J __ .,y � _
FTA.
The Transit Parking Structure is contracted for design by Watry, Design Inc.
Preliminary layout and concepts have been completed, but the final design has not yet
begun until EA approval by the FTA. The EA was approved by the FTA on November
17, 2010, and this clears the document for initiating the public review period, and also
clears the City to begin the final design phase for the Transit Center, including
coordination and design of the bridge structure.
Staff and Watry have been discussing the scope of services and compensation for the
bridge since January 2010. The design schedule has been dictated by a potential
property acquisition by the City for the transit center, and also by funding agencies
requiring specific additional environmental studies. However, the project is now
sufficiently developed for the City Council to consider a design agreement for the transit
center connector bridge. It makes sense to continue the bridge design with the same
firm that is performing the parking structure design. For one, the design must blend
together, functionally and aesthetically, and two, both project elements will be
constructed at the same time and as one structure.
The recommended scope of services includes preliminary design services to address
existing conditions, provide conceptual design, and schematics. The scope also
includes structural design and construction documents. The following documents will
be provided:
Architectural
— Site Plan
Architectural
—Floor Plan (fourth)
Architectural
— Floor Drainage Plan (fourth)
Architectural
— Exterior Elevations
Architectural
— Bridge Cross Sections
Structural — Foundation
Plan
Structural — Framing
Plans
Design Services for the Transit Center Connector Bridge Page 3 of 4
December 15, 2010
Civil — Site Access and Grading Plan
Civil — Utility Plan
Civil — Drainage Plan
Basis of Design Document
The scope of services also provides plan checking reviews and assistance with the
bidding phase of the bridge. Lastly, like the parking structure scope, these proposed
services also provide the City with construction administration support.
The compensation for the bridge design services was initially quoted to be $88,000. A
refined scope and cost breakdown analysis by City staff was useful to trim down
duplicate efforts (those already covered by the parking structure] and right = sizing design
compensation to $83,140. Additional negotiations resulted in a final recommended
compensation in an amount not to exceed $78,340. This last scope and cost is
mutually considered to be fair and reasonable, and the manner in which the agreement
was arrived at is standard practice and will withstand state and federal auditing.
Funding Status
The following table summarizes the available funding for the project along with
corresponding deadlines to draw down on the funds:
Funds Source
Deadline
Authorized Use
Amount
FTA Sec 5309
None
Design
$242,718
FTA Sec 5309
None
Design
$380,714
FTA Sec 5309
None
Design
$401,280
FTA Sec 5309
None
Construction
$434,720
FTA Sec 5309
None
Construction
$451,440
MTA PC 10%
06/30/2011
Construction
$300,000
MTA PC 10%
06/30/2011
Construction
$878,000
MTA PC 10%
06/30/2012
Construction
$3,009,000
MTA CMAQ
06/30/2012
Design +Construction
$905,000
Prop C
None
Design +Construction
$2,500,000
Total Funds $9,502,872
Non - construction costs that are already committed to the project are design of the
parking structure and program management. The total project expenditures committed
to the project and the amount available for construction is shown in the following table:
Design Services for the Transit Center Connector Bridge Page 4 of 4
December 15, 2010
PROJECT COMMITMENTS
$9,502,872
Parking Structure Design
-$595,900
Program Management
-$150,000
REMAINING FUNDING
$8,756,972
Proposed Bridge Design
-$78,340
PROPOSED AVAILABLE FOR CONSTRUCTION
$8,678,632_
The latest parking space count is no more than 525 spaces, although the EA describes
the parking structure to not exceed 537 spaces. The difference is minor changes
necessary to accommodate transit center required amenities.
Watry has indicated that the available construction funds are sufficient to complete
construction. However, we will not know where we stand until the construction bids are
opened.
FISCAL IMPACT
There is no impact on the General Fund. All funds identified are for the specific use on
the Transit Center Project.
I a **rel & I m 1 :4 k' I BI-,'% 0 m al
Staff recommends that the City Council:
1. Award a contract to design a connector bridge for the transit center to Watry Design,
Inc. in an amount not to exceed $78,340, and
2. Authorize the Mayor to execute the attached agreement.
ATTACHMENT
Agreement
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 15th day of December
2010 by and between the City of Baldwin Park, ( "City "), and Watry Design Inc.
( "Consultant ").
In consideration of the following mutual covenants, provisions and agreements, and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City
and Consultant agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this
Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to
and incorporated into this Agreement as Exhibit "A." Additional Agreement provisions, if any,
are contained in "Additional Provisions" attached to and incorporated into this Agreement as
Exhibit "D."
2. COMPENSATION. City shall pay for the services performed satisfactorily by
Consultant pursuant to the terms of this Agreement at the time and manner set forth in the
"Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B."
The total not -to- exceed amount of compensation, including out -of- pocket expenses, for all
services described in Section 1 — Basic Services as set forth in Exhibit A shall not exceed
Seventy Eight Thousand Three Hundred Forty Dollars ($78,340.00) notwithstanding if it takes
more than the hours estimated in Exhibit B to provide those services in a satisfactory manner.
In addition, the compensation due for each phase of the services, i.e., Existing Conditions,
Concept Design, Schematic Design, Construction Documents, Plan Check, Bidding and
Construction Activities, shall not exceed the amounts set forth in Exhibit "B."
3. TIME FOR PERFORMANCE. Time is of the essence in the performance of this
Agreement. Consultant shall commence and complete the services in this Agreement within the
time period shown on "Schedule of Performance" attached to and incorporated into this
Agreement as Exhibit "C."
4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received
from City and make them accessible for audit or examination for a period of three years after
final payments are issued and other pending matters.
5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel,
equipment and material, at its sole expense, in order to perform the services required of it
pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed,
for all purposes, an independent contractor and shall have control of all work and the manner in
which it is performed. Consultant shall be free to contract for similar services to be performed
for other entities while under contract with City. Consultant is not an agent or employee of City,
and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City
provides for its employees. Consultant shall be responsible to pay and hold City harmless from
any and all payroll and other taxes and interest thereon and penalties, therefore, which may
become due as a result of services performed hereunder.
6. ASSIGNMENT. This Agreement is for the specific services with Consultant as
set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement
without written approval of City is prohibited and shall be null and void; except that Consultant
may assign payments due under this Agreement to a financial institution.
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Watry Design Inc.
7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform
work similar to the Services provided herein.
8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance
with the applicable laws and regulations of all governmental agencies that are in force at the
time services are performed. Consultant shall be responsible for becoming aware of and
staying abreast of all such laws and ensuring that all services provided hereunder conform with
such laws. The terms of this Agreement shall be interpreted according to the laws of the State
of California.
9. LIABILITY. Consultant shall indemnify, and hold harmless the City, the
Community Development Commission of the City of Baldwin Park and each of their officials,
officers, employees and representatives ( "Indemnetees ") against any and all actions, claims,
damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal
costs and reasonable attorneys' fees (collectively, "Damages "), whether or not suit is actually
filed, and any judgment rendered against Indemnetees that may be asserted or claimed by any
person, firm, or entity arising out of Consultants', any of its agents, employees, subcontractors,
or invitees performance, as well as, negligent acts or omissions of Consultant, it's agents,
employees, subcontractors or invitees; provided that the duty to indemnity and hold harmless
shall only be to the extent Consultant or its employees, agents, subcontractors, subcontractors
or invitees cause the Damages.
10. INSURANCE. 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:
Consultant Services Agreement
Watry Design Inc.
Page 3 of 5
(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 before such 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.
11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared
pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the
property of City. City's ownership of documents includes any and all analysis, computations,
plans, correspondence and /or other pertinent data, information, documents, and computer
media, including disks and other materials gathered or prepared by Consultant in performance
of this Agreement. Such work product shall be transmitted to City within ten (10) days after a
written request therefor. Consultant may retain copies of such products. Any re -use by City
shall be at the sole risk of City and without liability to Consultant. The City shall indemnify
Consultant from the use of these documents for projects other than the project under this
agreement.
12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate
records with respect to all services and matters covered under this Agreement. City shall have
free access at all reasonable times to such records, and the right to examine and audit the
same and to make transcripts therefrom, and to inspect all program data, documents,
proceedings and activities. Consultant shall maintain an up -to -date list of key personnel and
telephone numbers for emergency contact after normal business hours.
13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a
complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by
the Internal Revenue Service.
14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential
conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall
comply with all applicable federal, state and county laws and regulations governing conflict of
interest.
15. POLITICAL ACTIVITY /LOBBYING CERTIFICATION. Consultant may not
conduct any activity, including any payment to any person, officer, or employee of any
governmental agency or body or member of Congress in connection with the awarding of any
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Watry Design Inc.
federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the
election of candidates for public office during time compensated under the representation that
such activity is being performed as a part of this Agreement.
16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or
without cause, in its sole discretion, with fifteen -days' (15 days) written notice to Consultant.
Upon receipt of that notice, Consultant shall immediately discontinue providing services except
as expressly directed by City's Chief Executive Officer.
17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 16 of this
Agreement, City shall be liable to Consultant only for work performed by Consultant up to and
including the date of termination of this Agreement, unless the termination is for cause, in which
event Consultant need be compensated only to the extent required by law. Consultant shall be
entitled to payment for work satisfactorily completed to date, based on proration of the
compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's
receipt of a close -out billing.
18. LITIGATION FEES. If litigation arise out of this Agreement for the performance
thereof, then the court shall award costs and expenses, including reasonable attorney's fees, to
the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee
schedule but shall award the full amount of costs, expenses and attorney's fees paid and /or
incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final
judgment. If litigation occurs, then venue shall be in the Superior Court of Los Angeles County.
This paragraph shall not apply and litigation fees shall not be awarded based on an order or
otherwise final judgment that results from the parties' mutual settlement, arbitration, or
mediation of the dispute.
19. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a covenant and a
condition.
20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement
between the City and Consultant. No verbal agreement or implied covenant shall be held to
vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the
parties to this Agreement, and any subsequent successors and assigns.
20. MODIFICATION OF AGREEMENT
may any of the terms, provisions or conditions be
except by a written amendment signed by all parties.
This Agreement may not be modified, nor
modified or waived or otherwise affected,
21. DESIGNATED REPRESENTATIVES. The Consultant Representative (A)
designated below shall be responsible for job performance, negotiations, contractual matters,
and coordination with the City. The City Representative (B) designated below shall act on the
City's behalf as Project Manager.
Consultant Services Agreement
Watry Design Inc.
(A) CONSULTANT
/B\ Edwin "VViUi8Df (S8lvez' P.E.
Director Of Public Works
City Of Baldwin Park
14403 East Pacific Avenue
B3|dVviD P3[h, CA 91706
Page 5 of 5
22. NOTICES. Notices pursuant to this Agreement shall be in writing and may be
given by perSOO8| delivery Or by [R8i|. Notices Sh3U be directed to City's Designated
R9pr83HOtGUwe identified in Paragraph 21 of this /\Qng8O0eDt. Consultant Sh@|| send @ copy Of all
notices tOthe City Attorney.
City Attorney:
Joseph Pannone /AheshiF8&Wvnder,LLp
South Bay Center, 1515 West 100th Street
South Tower, Suite 565
Gardena, CAQ0248
(310) 527-6660
IN WITNESS WHEREOF, the parties have executed this Agreement on the day first
above written.
ATTEST:
City Clerk
Name'
Dated:
Title:
/\dd[8SS:
Telephone: (
CITY OF BALDWIN PARK
Manuel Lozano, Mayor
Dated:
CONSULTANT:
N@Dl8:
Doted:
Title:
Consultant Services Agreement Exhibits
Watry Design, Inc.
EXHIBIT "A"
SCOPE OF SERVICES
The attached Scope of Work is a detailed document based on the Watry Design, Inc.
proposal dated April 26, 2010, and re- confirmed on November 30, 2010.
GA170 Projects \t D Num -Title \2007 -003, 004 MetroParkingTransitCenler\ 4Contract \Watry\WatryBridgeExhibits 05- 05- 2010.doc
EXHIBIT A — SCOPE OF WORK
For Baldwin Park Pedestrian Bridge between the Transit Center Parking Structure and Metrolink Station
Section 1 - Basic Services
Proiect Description:
The Baldwin Park Pedestrian Bridge will be comprised of:
I -One additional Vertical Circulation Tower at the Baldwin Park Metrolink Train Station that includes a stair and an elevator.
The bridge will connect to an already assumed vertical circulation tower incorporated into the corner of the Transit Center
Parking Structure.
I -One Truss -Type overcrossing spanning between and supported by the vertical circulation Towers.
The concept is to provide Transit users who park in the parking structure or arrive by local and regional 'bus lines a means to be
able to cross over Bogart Street at a height to be determined. It is assumed that the bridge will be at the third level above grade
and at a minimum of 24' -0" to clear the SCRP.A guideline height requirement. The already included elevator at the Parking
Structure .411 have t least 5 S t OpS, „e per parking l,e vel and the proposed new t C4er on Ul e Mettroluink- Side will only
iwC
stops; the bridge
level and the ground level.
The Parking Structure Site Plan Option has not been selected as of this date and the exterior building elevations have not been
developed. However, it is assumed that the pedestrian bridge and added tower will be designed to be part of the transit center
parking structure and be compatible with its surroundings, including the Metrolink Station, Art Center and City Hall.
Part 1: PS +E Phase Services
1.1 Preliminary Design Development (Concept / Schematic Design)
1.1.1 Task l: Review Existing Conditions
1.1.1.1 Consultant shall review the program furnished by the City to ascertain the requirements of the Project and
shall arrive at a mutual understanding of such requirements with the City. It is assumed that the Pedestrian
Bridge will include Vertical Circulation Towers on each end with a prefabricated truss -type bridge spanning
between Towers. Additional Structural vertical support or abutments may be required.
1.1.1.2 Consultant will incorporate the Pedestrian Bridge into the Preliminary Design Schedule for review.
1.1.1.3 Consultant shall provide structural criteria for the Geotechnieal Engineer.
1.1.1.4 Consultant shall review existing project - related documents as necessary.
1.1.1.5 Consultant will analyze the site in order to understand zoning requirements, setbacks, locations of property
lines, topographic and geotechnical information, physical characteristics of site, locations of pedestrian
access and egress points along with the location, type and size of utilities.
Civil Engineering (RBF)
1.1.1.6 No new meetings are assumed for this scope. All meetings will be concurrent with existing parking
stricture meetings.
1.1.1.7 Shall recover and establish horizontal and vertical control for the Pedestrian Bridge. Vertical control shall
be based on the North American Vertical Datum of 1988 (NAVD88). Horizontal control shall be based on
the California State Plane Coordinate system derived from the North American Datum of 1983 (NAD83)
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SCOPE OF WORK
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1.1.1.8 The original Survey and existing Metrolink Station construction documents locate the major elements of the
Platform, tracks and proximity to Bogart Street along with overall Utilities and Topography of the area to
allow design of new Bridge and Tower on the Metrolink property. Title reports are in progress to help
facilitate Mapping.
Geotechnical Engineering (Ninyo and Moore) OMITTED 4.2810
1.1.2 Task 2: Prepare Conceptual Planning Documents
1.1.2.1 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meetings.
1.1.2.2 Consultant shall review with the City a concept to detennine the interface of the Pedestrian Bridge with the
Parking Structure and with the Metrolink Station. (Construction Management team will gain approval with
MTA, SCRRA and any other Transit related jurisdictions.)
1.1.2.3 Consultant shall discuss Alternative Structural System with the City and recommend the most appropriate
system. It is assumed that the bridge will be a truss type pre - fabricated bridge that is supported on corbels.
1.1.2.4 Consultant will provide locations of the Pedestrian Bridge on site with dimensions from property lines,
setbacks and easements.
1.1.2.5 Consultant will confer with the City of Baldwin Park staff for their concurrence with the site plan.
Civil Engineering (RBF)
1.1.2.6 Shall review conceptual plan development prepared by Consultant and provide written comments and
recommendations for final improvements.
1.1.2.7 Based on our conversations with the City, Consultant and their subconsultants shall prepare conceptual
materials to illustrate the conceptual design of the Pedestrian Bridge. The planning materials shall include:
• A site plan showing the Tower /Structural foot prints, landscape areas and other important
elements.
• A recommendation on how best to interface the Pedestrian Bridge and the Metrolink Station,
with City Hall and with the downtown redevelopment on Ramona Boulevard.
• A design of the access to the Bridge that will efficiently utilize the surrounding roadways.
• Conceptual level Opinion of Probable Cost.
• The Consultant will provide all deliverables in electronic format to the City. One set of half size
hard copies will be provided.
1.1.3 Task 3: Prepare Schematic Design Documents
1.1.3.1 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meetings.
1.1.3.2 Consultant will finalize the location and layout of Vertical Circulation /Structural Towers as they relate to
the Parking Structure, general pedestrian traffic flow and the clearances required above and around Bogart
Street and the Rail Tracks.
1.1.3.3 Consultant will provide preliminary structural framing layout with horizontal and vertical dimensioning,
and proper consideration given to user comfort and security.
1.1.3.4 Consultant shall establish the structural design criteria which may include but is not limited to:
• Deflection Criteria
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• Lateral Movement Criteria
• Live Load Criteria
• Other Special Criteria furnished by the Owner
1.1.3.5 Consultant will establish an accessible Pedestrian Bridge for persons with disabilities in confonnance with
California Title 24 and the American with Disabilities Act.
1.1.3.6 Consultant will provide 3 -D views of the selected option, using Sketch -up media, to be combined with the
Parking Structure views.
1.1.3.7 Consultant will incorporate the Bridge into the Project code review and review of applicable ordinances
(including an updated list of all required final approvals).
1.1.3.8 Consultant will update analysis of sustainability best practices for the schematic design phase to summarize
all sustainable features.
1.1.3.9 Consultant will update the project schedule to reflect any delays or changes.
1.1.3.10 Consultant will provide a preliminary description of colors and finishes.
Civil Engineering (RBF)
1.1.3.11 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meetings.
1.1.3.12 Shall prepare Preliminary plans showing location of access to the new Bridge, removal limits, locations for
relocated catch basins and a grading plan for the proposed multiple story parking structure depicting
preliminary grades for all walkways and proposed ADA paths of travel from on- public streets to the new
Bridge. This task assumes that no realignment of existing roadways will be required.
1.1.3.13 Shall use the preliminary constraints map to prepare a composite Utility Plan showing existing utilities to be
protected and utilities to be relocated. Relocated utilities will be based on the Bridge layout provided by
Client and on preliminary geotechnical recommendations for the Bridge's foundation provided by Client.
Design of underground utilities is specifically excluded from this scope of work.
1.1.3.14 Shall include the Bridge in their Preliminary Construction Cost Estimates for the Preliminary Site Access
and Grading Plan, Preliminary Utility Plan, and Preliminary Drainage Plan. Estimates will be prepared
based on current available cost data provided by the City.
MP +E Engineer (Foster Design Group)
1.1.3.15 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meetings.
1.1.3.16 It is assumed that the Bridge lighting and other electrical items will be powered from the parking structure.
1.1.3.17 Shall provide, as part of their parking structure documents, additional bridge drawings for electrical
schematic floor plans showing locations of major equipment layout and verify sizing of electrical
equipment.
1.1.3.18 Shall provide, as part of their parking structure documents, additional bridge coordination with City of
Baldwin Park and LA Counthy fire for fire sprinkler system requirements.
1.1.3.19 Shall provide, as part of their parking stricture documents, additional bridge drawings for schematic
plumbing floor plans showing major equipment and preliminary pipe runs for coordination purposes.
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SCOPE OF WORK
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1.1.3.20 Shall identify, as part of their parking structure documents, additional bridge drawings for spaces requiring
mechanical ventilation (elevator) and shall provide preliminary mechanical load estimates.
1.1.3.21 Shall provide, as part of their parking structure documents, additional bridge drawings for schematic level
floor plans for lighting and drainage systems for coordination purposes along with a written description of
all electrical, plumbing, fire protections and mechanical systems. The results of the written description will
be included in the Basis of Design Document.
1.1.3.22 Shall verify, as part of their parking structure documents, additional bridge drawings for space requirements
for AC units to cool the elevator machine room.
1.1.3.23 Shall provide, as part of their parking structure documents, additional bridge drawings for coordination and
design of electrical services to site signage systems.
1.1.3.24 Shall coordinate lighting system type and layout with Consultant.
Security Consultant (Trans Tech Systems, Inc.)
1.1.3.25 Shall provide, as part of their parking structure documents, additional bridge cameras and any additional
questions to help facilitate a security design analysis that will identify security vulnerabilities and security
system performance requirements and recommendations. The results of the answers to these questions will
be incorporated into the Basis of Design Document.
Landscape Architect (Lynn Capouya, Inc.)
1.1.3.26 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meetings.
1.1.3.27 Shall investigate /evaluate, as part of their parking structure documents, additional bridge drawings for
existing site conditions including existing landscape, grading /drainage conditions, existing irrigation
equipment, uitilities, etc.
1.1.3.28 Shall coordinate with the Project Team, as part of their parking structure documents, additional bridge
drawings to review /evaluate planning needs and programming requirements. They shall assist the Project
Team in evaluating and coordinating potential irrigation systems, points of connections, potential
grading /drainage issues, circulation, utility conflicts, and lighting and visual /sound considerations.
1.1.3.29 Shall review, as part of their parking structure documents, additional bridge coordination with City of
Baldwin Park standards and requirements in developing goals and objectives to prepare a cohesive
landscape design.
Signage (Donnelly Design)
1.1.3.30 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meetings.
1.1.3.31 Shall provide, as part of their parking structure documents, additional bridge drawings for a design concept
for directional and regulatory signage for pedestirans to enter, circulate, cross and exit the Bridge safely.
1.1.3.32 Shall provide standard color coding concept for Pedestrian Bridge designations to assist patrons in getting
from Parking Structure to Metolink Station and vice - versa.
1.1.3.33 Based on the approved Concept Design and any further adjustments in the scope or quality of the Project or
in the construction budget authorized by the Client, Consultant and the subconsultant team shall prepare, as
part of their parking structure documents, additional bridge drawings for approval by the Client, Schematic
Documents consisting of Drawings and Specifications setting forth the requirements for the construction of
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SCOPE OF WORK
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the Project for the work covered by this agreement. The approved Concept Design will be a singular option
that will be enhanced through the Schematic Design process and within the City's construction budget.
Schematic Documents are to include the following:
Architectural — Site Plan
Architectural -- (Third) Floor Plan
Architectural — (Third) Floor Drainage Plan
Architectural — Exterior Elevations
Architectural -- Bridge Cross Sections
Structural — Foundation Plan
Structural — Framing Plans
Civil — Site Access and Grading Plan
Civil — Utility Plan
Civil — Drainage Plan
Basis of Design Document
The Consultant will provide all deliverables in electronic format to the City. One set of half size
hard copies will be provided.
1.2 PS &E Design (Construction Documents)
1.2.1 Task 1: Prepare Construction Documents
1.2.1.1 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meetings.
1.2.1.2 Consultant shall prepare, as part of their parking structure documents, additional bridge Structural
Calculations for the Primary Structural System for submittal to Governing Building Officials.
1.2.1.3 Consultant shall review, as part of their parking structure documents, additional bridge drawings /elements
to be designed by Specialty Engineers. The Contract Documents shall specify Structural Design Criteria,
type of element, position and connection to Primary Structural System and required Submittals.
1.2.1.4 Consultant shall review, as part of their parking structure documents, additional bridge effects of Secondary
and Non - Structural elements on the Primary Structural System and design the Primary Structural System to
accept and support such items. The Contract Documents shall provide information regarding the supporting
capability and physical attachment limitations of the Primary Structural System.
1.2.1.5 Consultant shall designate, as part of their parking structure documents, additional bridge Special
Inspections and Testing.
1.2.1.6 Consultant shall review, as part of their parking structure documents, additional bridge subconsultant
drawings and specifications to ensure coordination and to rectify conflicting features of construction and
installation.
Civil Engineer (RBF)
1.2.1.7 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meetings.
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SCOPE OF WORK
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1.2.1.8 Shall commence, as part of their parking structure documents and based on the approved Site Plan for the
Bridge and RBF's Preliminary Plans, with final design engineering services to prepare the "civil"
construction documents.
1.2.1.9 Shall coordinate, as part of their parking structure documents, additional bridge Site layout and design
requirements with project team members.
1.2.1.10 Shall provide written request, as part of their parking stricture documents, additional bridge review of the
proposed plans by the affected utility companies to prior to submittal of the 100% construction documents
to the City.
1.2.1.11 The "Civil" construction documents are assumed to include: Title Sheet, Constriction Notes and Details (2
sheets), Grading Plans (I sheet at 20- scale), Drainage Plan and Profile [fee proposal assumes relocation of
existing catch basin facilities to be included on the grading plans and no new underground stonndrain
facilities will be required - 1 sheet, and civil - related special provisions]
1.2.1.12 Shall provide written notifications to affected utility companies, as part of their parking structure
documents, additional bridge processing by the City to obtain plan approvals and permits for relocated
utilities
1.2.1.13 Shall provide, as part of their parking structure documents, additional bridge in -house Quality Control
Reviews of 100% Plans by a senior level staff member.
1.2.1.14 Shall provide, as part of their parking structure documents, additional bridge material quantities for
sitework for which RBF is responsible for to assist with estimating.
MP +E Engineers (Foster Design Group)
1.2.1.1.5 No new meetings are assumed for this scope. All meetings will be concurrent with existing Parking
Structure meetings.
1.2.1.16 Shall provide, as part of their parking structure documents, additional bridge final M /P/FP /EE drawings.
1.2.1.17 Shall provide, as part of their parking structure documents, additional bridge final specifications for all
M/P/FP /EE systems.
1.2.1.18 Shall provide, as part of their parking structure documents, additional bridge final conduit routing for future
security camera locations as approved by the City of Baldwin Park.
1.2.1.19 Shall finalize, as part of their parking structure documents, additional bridge calculations for electrical,
plumbing, and mechanical systems.
1.2.1.20 Shall provide, as part of their parking structure documents, additional bridge details and cross referencing
coordination as required.
1.2.1.21 Shall provide, as part of their parking structure documents, additional bridge Title 24 calculations.
Cost Estimating (ABACUS Project Management)
1.2.1.22 Shall provide, as part of their parking stricture documents, additional bridge construction document cost
estimate.
Landscape Architect (Lynn Capouya, Inc.)
1.2.1.23 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meetings.
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SCOPE OF WORK
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1.2.1.24 Shall prepare, as part of their parking structure documents, additional bridge Irrigation Plans detailing
automatic irrigation system indicating location and type of backflow prevention, mainlines, laterals, heads,
valves, quick couplers and automatic controllers.
1.2.1.25 Shall prepare, as part of their parking structure documents, additional bridge Irrigation
Schedules /Calculations, and Details.
1.2.1.26 Shall prepare, as part of their parking structure documents, additional bridge Planting Plans identifying
plant call -outs and planting details.
1.2.1.27 Shall prepare, as part of their parking structure documents, additional bridge Planting Details.
1.2.1.28 Shall prepare, as part of their parking structure documents, additional bridge finalized technical
specification for furnishings, irrigation, planting and landscape maintenance.
1.2.1.29 Shari coordinate, as part of their parking structure documents, additional bridge utility information with
Team.
1.2.1.30 Shall implement, as part of their parking structure documents, additional bridge In -house QA /QC
procedures.
1.2.1.31 Shall respond to, as part of their parking structure documents, additional bridge Client comments.
Geotechnical Engineer (Ninyo and Moore) OMITTED 4.28.10
Signage (Donnelly Design)
1.2.1.32 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meeting /call.
1.2.1.33 Shall develop and refine, as part of their parking structure documents, additional bridge design documents
of the sign program, coordinate with consultant team, and develop construction details and specifications
for the construction and installation of the sign program.
Security Consultant (Trans Tech Systems, Inc.)
1.1.1.35 No new meetings are assumed as part of the bridge design. It is assumed that it will be discussed
concurrently with the parking structure design meeting /call.
1.1.1.36 Shall prepare and finalize, as part of their parking structure documents, additional bridge construction
drawings for the security discipline including legend / constriction notes, site & floor plans, security
control / console and equipment rooms plans, riser and block diagrams, device /system details - mounting
and wiring requirements.
1.1.1.37 Shall prepare and finalize, as part of their parking structure documents, additional bridge specifications for
the security discipline including the electronic security systems, electronic systems conductors wire and
cable, uninterruptible power supply system, access control and alarm monitoring system (ACS), closed
circuit video surveillance system (CCTV), pedestrian emergency call system, security / video intercom
systems and final security device schedules.
1.1.1.38 Shall provide, as part of their parking structure documents, additional bridge in -house quality control
reviews of 100% plans and specifications by a senior level staff member.
WATRY DESIGN, INC
SCOPE OF WORK
Baldwin Park Parking Structure - 09045
Page 7 of 8
P:AProjects\2009\09045 Baldwin Park\] I I Contract Proposals (wDI & all)AWatry Design\ BridgeAddService \PedBri dgeS cop e042810.docx
1.1.1.39 Shall support as necessaryand prepare, as part of their parking structure documents, additional bridge
construction documents phase security systems cost estimate.
1.1.1.40 Shall provide, as part of their parking structure documents, additional bridge coordination necessary for the
compatibility of building hardware (by others) and security systems.
1.1.1.41 Shall provide, as part of their parking stricture documents, additional bridge coordination necessary for the
compatibility between security equipment and systems and the architectural and electrical elements of the
project.
1.1.1.42 Based on the approved Schematic Design Documents and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the City, Consultant and the subconsultant team shall
prepare, for approval by the City, Architectural and Structural Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction of the Project for
the work covered by this agreement. (This package will combine the Bridge scope with the Parking
Structure work, as described in base agreement.)
Part 2: Bidding Phase Services
2.1 Plan Check Phase
2.1.1 Task 1: Plan Check Response (as part of the Parking Structure documents)
2.1.1.1 Consultant and its subconsultants shall respond to Governing Building Official's comments on Contract
Documents prepared by the design team.
2.1.1.2 It is assumed the plan check will be complete prior to going to bid.
2.2 Bidding Phase
2.2.1 Task 1: Bidding Response (as part of the Parking Structure documents)
2.2.1.1 Design team shall assist in reviews of construction bids for the bridge as part of the overall bidding
response phase for the parking structure.
Part 3: Construction Phase Services
3.1 Construction Administration Phase
3.1.1 Task l: Provide Support During Construction Phase (as part of the Parking Structure Support)
3.1.1.1 The bridge will be incorporated into the Parking Structure Construction Administration. There will be
some additional submittals to review, however no additional meetings are assumed specifically for the
bridge. It is assumed that the bridge's construction will not increase the length of construction and it will be
built simultaneously with the parking structure.
WATRY DESIGN, INC
SCOPE OF WORK
Baldwin Park Parking Structure - 09045
Page 8 of 8
P:AProjects \2009 \09045 Baldwin Park \I 11 Contract Proposals (WDt & all)AWatry Design\ BridgeAddService \PedBridgeScope042810.doex
Consultant Services Agreement Exhibits
Watry Design, Inc.
EXHIBIT "B"
SCHEDULE OF COMPENSATION
Contract Sum
For the services described in Exhibit "A" to the Agreement, City shall, in the amounts,
by the method, and at the times set forth, pay Consultant as follows:
Consultant's compensation shall be a fee not to exceed Seventy Eight Thousand Three
Hundred Forty Dollars ($78,340.00), including out of pocket expenses, for all the
services described in Section 1 — Basic Services as set forth in Exhibit 'A,"
notwithstanding if it takes more than the hours estimated in Exhibit "B" to provide those
services in a satisfactory manner.
Compensation will be based on the attached Fee Summary which shows the
compensation amount for each of the project phases. Change Orders and cost extras
impacting Consultant's compensation shall not be allowed unless specifically provided
for and approved by the City prior to initiating any corresponding effort by the
Consultant.
BILLING. City will be invoiced monthly for progress payments. At the end of
each calendar month in which services are performed or expenses are incurred
under this Agreement, Consultant shall submit an invoice to the City at the
following address:
Edwin "William" Galvez, Director of Public Works
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
The invoice submitted pursuant to this paragraph shall show the: 1) project
name /description; 2) name and hours worked by each person who performed
services during the billing period; 3) the title /classification under which they were
billed; 4) the hourly rate of pay; 5) actual out -of- pocket expenses incurred in the
performance of services; and 6) other such information as the City may
reasonably require.
METHOD OF PAYMENT. Payment to Consultant for the compensation specified
above shall be made after the City's determination that the billing submitted as
specified above, accurately reflects work satisfactorily performed. City shall pay
Consultant within thirty (30) days therefrom.
G1170 Projects \t D Num- Title\2007 -003, 004 MetroParkingTransitCenter\ 4Contract \Watry \WatryBridgeExhibits 05- 05- 2010.doc
IMumintin
Phase
Task
Total
PS +E Services
Preliminary Design
a. existing Colldltloll.�
$6,000
b. Concept Design
$5,600
c. Schematic Design
$9,100
PS +E Design
a. Construction Documents
$44,640
Phase Sub - Total:
$65,340
Bidding Phase
Services
Plan Check
$3,000
Bidding
$5,000
Phase Sub - Total:
$8,000
Construction
Phase Services
Construc t ion Ad min
$5,000
Consultant Total:
Average Hourly Rate:
Estimated Total Hours:
Reimbursable Estimate:
Estimated Project Total:
Estimated Total Hours:
Exclusions
$78,340
527 hrs
1) Metrolink Station improvements (beyond Tower and connections to
2) Environmental Studies
3) Traffic Studies
4) Roadway re- design
5) SCRRA and Rail authorities coordination and approvals by AA +E
6) Geotechnica) Services for Bridge and Tower scope
Redwood City, CA 0 650.298.8150 • www.watrydesign.com
• 949.955.7922
• Newport Beach, CA
Consultant Services Agreement Exhibits
Watry Design, Inc.
EXHIBIT "C"
SCHEDULE OF PERFORMANCE
Consultant shall perform the services described in Exhibit "A" to the Agreement within
the time period(s) set forth as follows:
Consultant shall commence Preliminary Design upon the City issuance of a Notice to
Proceed (NTP) which shall be at the City's discretion but no later than 60 days from the
execution of the Agreement. Consultant shall complete Preliminary Design including:
part a) Existing Conditions; b) Concept Design; and c) Schematic Design within 90
calendar days of the date of the Notice to Proceed.
Upon the City's approval of the Preliminary Design and Unnn the City'c issuance of a
Notice to Proceed with Construction Documents, the Consultant shall complete PS &E
Design including a) Construction Documents within 90 days.
Upon the City's verification of the project funding for construction and upon the City's
issuance of a Notice to Proceed with Plan Check and with Bidding services, the
Consultant shall perform these services based on a 45 to 60 calendar day review period
for Plan Checking, and a 60 calendar day period for Bidding support services.
Upon the City's award of a construction contract and upon the City Issuance of a Notice
to Proceed, the consultant shall provide Construction Administration services over an
assumed 360 calendar day construction time period.
The attached schedule shows the intended time frame for accomplishing the various
phases of the scope of work.
GM 70 Projects\1 D Num -Title \2007 -003, 004 MetroParkingTransitCenter\ 4Contract \Watry \WatryBridgeExhibits 05- 05- 2010.doc
Consultant Services Agreement Exhibits
Watry Design, Inc.
EXHIBIT "D"
ADDITIONAL PROVISIONS
am
G\170 Projects \1 D Num -Title \2007 -003, 004 MetroParkingTransitCenter\ 4Contract \Watry \WatryBridgeExhibits 12- 15- 2010.doc
CITY COUNCILAGENDA
�!]n a
TO: Honorable Mayor and City Council Memk
FROM: Vijay Singhal, Chief Executive Office
Lorena Quijano, Director of Finance ' u
DATE: December 15, 2010
The purpose of this report is to provide City Council with a monthly financial report for
the period ended November 2010.
I 11M2 r] Z 'I'IA
The City's Fiscal Accountability Policy requires that a monthly financial report be
presented to the City Council from September thru May.
DISCUSSION
The Monthly Financial Reports provide the City Council and staff with a monthly
budgetary status. As has been discussed previously, the economic crisis has caused
significant impacts on all aspects of the local economy with lower revenues and an
increased need for services. As of November 2010 expenditures for the General Fund
are being collected and /or incurred within the available budget; however based on early
trends, revenues are less than expected in some areas which are discussed further
below. Following is a more detailed discussion on revenues and expenditures:
Revenues
Revenues are collected and recorded at various points throughout the fiscal year. This
is because 1) a number of of the revenues received during the first quarter relate to and
are recorded in the previous fiscal year and 2) cash basis revenues (revenues that are
recorded as they are received) are not uniform from month to month because of timing
issues and the fact that they are dependent on when a customer needs to renew a
business, pay for a construction permit or when the customer will pay for a citation that
has been issued.
Monthly Financial Report: November 2010
Page 2
The chart below displays General Fund revenue receipts for those revenues for which
trends are available. The chart also provides a comparison of revenue collections as
compared to the available budget as of November 2010.
General Fund Revenues 2010/2011
As noted in the above trends, the revenues collected for some of the categories
represented are less than expected. Revenues as of November 2010 can be separate
into three main areas: major revenues, police revenues and other revenues.
Major Revenues: Trends for major revenues, which account for more than 80% of total
General Fund revenues are not yet available since (1) most major revenues such as
Property Taxes, Vehicle License Fees in Lieu of Property Taxes and Utility Franchise
Fees are received later in the year; (2) Sales Tax, which is based on a quarterly basis,
is not received until 60 days after the end of the quarter; (3) Transient Occupancy Tax
and Utility Users Tax are also received 30 to 45 days after the end of the quarter.
Police Revenues: Some police revenues require special attention. The first two are
vehicle release fees and police franchise fees. These revenues have decreased in the
last two months as compared to the previous year and are being affected by the
decrease in the number of check points that are being conducted during the year. The
s
Revenue
Available
Adopted
r Available
Collected as
Adopted vs.
Annual
Adopted
of
Revenue
Category
Budget
Budget
November
Collected
Building Plan Check Fees
400,000
r 166,667
105,825
60,842
Business License Tax
580,000
241,667
220,810
(20,857
Code Enforcement Cites
75,000
va,
31,250
14,151
17,099
Construction Permits
575,O00
1 239,583
118,614
`60,9! 9U
Design Review Fees
21,000
„ 8,750
7,850
.900
Engineering Fees
55,000
ry.. 22,917
4,518
18,399
Facility Rental Fees
160,000
66,667
75,009
8,342
Franchise Fees Police
600,000
250,000
107,818
142,182
Interest Income
50,000
� ^,; 12,500
3,950
8,550
Parking Citations
400,000
F 100,267
122,885
22,618
Truck Parking Citations
215,000
53,893
11,661
42,232
Permit Issuance Fees
85,000
" 35,417
29,574
5,843
Recreation Fees
66,000
27,500
36,266
8,766
Subdivision Fees
20,000
8,333
13,190
4,857
Vehicle Code Fines
975,000
325,325
326,816
1,491
Vehicle Release Fees
250,000
f.F 104,167
71,512
32,655
Zoning Fees
40,000
16,667
17,730
1,063
Total
4,567,000
1,711,568
1,348,179 1
(363,389)
As noted in the above trends, the revenues collected for some of the categories
represented are less than expected. Revenues as of November 2010 can be separate
into three main areas: major revenues, police revenues and other revenues.
Major Revenues: Trends for major revenues, which account for more than 80% of total
General Fund revenues are not yet available since (1) most major revenues such as
Property Taxes, Vehicle License Fees in Lieu of Property Taxes and Utility Franchise
Fees are received later in the year; (2) Sales Tax, which is based on a quarterly basis,
is not received until 60 days after the end of the quarter; (3) Transient Occupancy Tax
and Utility Users Tax are also received 30 to 45 days after the end of the quarter.
Police Revenues: Some police revenues require special attention. The first two are
vehicle release fees and police franchise fees. These revenues have decreased in the
last two months as compared to the previous year and are being affected by the
decrease in the number of check points that are being conducted during the year. The
Monthly Financial Report: November 2010
Page 3
third is vehicle code fines. Although the budget for these revenues was adjusted for this
fiscal year, revenues have begun to come in lower than expected in the last couple of
months and they are not expected to reach the budgeted amount by the end of the
year. The last revenue of concern is truck parking citations since it also experiencing
very low collectability. Overall, it is anticipated that a revenue reduction of at least
$500,000 will occur based on these four police revenues; this assumes the collectability
continues as is and is based on the available information.
Other Revenues: Other revenues such as interest income continue to be low because
interest rates have not yet started to increase. In addition, construction permits and
other related revenues are also lower than expected and will be monitored closely as
these revenues fluctuate during the year depending on construction activity.
As doted above, the Collection or receipts for cash basis revenues are not uniform frr%M
v eve e env �o
month to month because of timing issues; is addition variances in one period may not
necessarily carry over from one period to another. A better analysis of revenues will be
available after December, once we are able to gather better trends.
Expenditures
Based on available trends, expenditures are within the available budget as of
November 2010. As is the case with revenues, expenditures are not incurred uniformly
from month to month because (1) certain expenditures paid in July and August might
relate to the previous fiscal year; (2) departments such as Recreation and Finance
spend earlier in the year due to summer programs and /or audits that occur during the
first half of the year, (3) non - departmental expenditures include payments for retiree
health insurance and a one -time payment to the IRS for amount due in previous years
(4) and certain expenditure categories such as contractual and capital may include
lump -sum payments earlier in the year. The chart below provides an overview of the
available General Fund budget by category and by department as compared to actual
expenditures as of November 2010; the available balance is reflective of the factors
referred to above.
General Fund Exaenditures by Cateaory 2010/2011
As noted above, Personnel expenditures are lower than expected. The savings result
from the 19 vacant positions that were included in the adopted budget; these positions
Adopted
Available
Available
Annual
rr% Adopted
Expenditures
Adopted vs.
Category
Budget
Budget
as of Nov 2010
Expenditures
Personnel
17,804,900
a „' 7,417,146
7,056,933
360,213
Maintenance
989,250
290,213
346,640
56,427
Internal Charges
1,861,600
775,667
775,680
13
Contractual
2,383,500
699,239
680,037
19,202
Capital
65,000
a�
s�a� 19,069
7,065
12,004
Total Expenditures
23,104,250
, 9,201,334
8,866,355
334,979
As noted above, Personnel expenditures are lower than expected. The savings result
from the 19 vacant positions that were included in the adopted budget; these positions
Monthly Financial Report: November 2010
Page 4
remain vacant and there have been a few more vacancies since the beginning of the
year. If vacancies remain unfilled, the City will be able to use some of these savings to
offset some of the possible revenue losses mentioned above.
CZanarni Flinn FYnPnditurPS by Denartment 201012011
In total, the chart above indicates that in total expenditures are being incurred based on
the available budget as of November 2010. As previously mentioned some categories
and /or departments reflect expenditures in the early part of the fiscal year due to
activities or contractual obligations.
While the above discussion focuses on the General Fund, the trends are similar in
other funds also. 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 be lower than in the previous fiscal year. Since the City anticipated such
declines, revenues were budgeted accordingly; however, the extent of the impact on
revenues will be known when we receive major revenues such as sales tax and
property tax in December and January. Staff will continue to monitor revenues and will
recommend budget changes as deemed necessary. In the meantime, we are watching
our budget very closely. We will have better trends after December as the more
significant revenues start to come in and we will provide a more in depth review during
the upcoming mid -year budget review that will take place early next year.
FISCAL IMPACT
None
•uu "mitel,"I
Staff recommends that the City Council receive and file the monthly financial report for
the period ended November 2010.
Adopted
Available
Available
Annual
Adopted
Expenditures
Adopted vs.
Category
Budget
r. Bud et
as of Nov 2010
Expenditures
City Council
179,900
71,289
60,412
10,877
Administration
529,800
-z 181,199
134,068
47,131
Human Resources
245,550
96,461
i 92,310.
4,151
Community Development
984,350
415,801
391,035
24,766
Police
( 16,187,500
6,502,087
6,143,665
1 358,422 j
Finance
614,650
251,436
252,559
1,123
Non-Departmental
893,100
340,750
397,968
57,218
Public Works
236,050
96,624
117,101
20,477
Recreation
3,233,350
1,245,687
1,277,237
31,550
Total Expenditures
23,104,250
9,201,334
8,866,355
334,979
In total, the chart above indicates that in total expenditures are being incurred based on
the available budget as of November 2010. As previously mentioned some categories
and /or departments reflect expenditures in the early part of the fiscal year due to
activities or contractual obligations.
While the above discussion focuses on the General Fund, the trends are similar in
other funds also. 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 be lower than in the previous fiscal year. Since the City anticipated such
declines, revenues were budgeted accordingly; however, the extent of the impact on
revenues will be known when we receive major revenues such as sales tax and
property tax in December and January. Staff will continue to monitor revenues and will
recommend budget changes as deemed necessary. In the meantime, we are watching
our budget very closely. We will have better trends after December as the more
significant revenues start to come in and we will provide a more in depth review during
the upcoming mid -year budget review that will take place early next year.
FISCAL IMPACT
None
•uu "mitel,"I
Staff recommends that the City Council receive and file the monthly financial report for
the period ended November 2010.
Fe
M1�
BAMW IN
P , A - R - K
TO:
FROM:
DATE:
SUBJECT:
CITY OF BALDWIN PARK
DEC 15
ITEM No. _iX3__
STAFF REPORT
Status on the Prevention of Alley Illegal Dumping Program
This purpose of this staff report is to provide the status on the alley illegal dumping
program and to authorize staff to proceed with $100,000 grant program objectives.
The California Integrated Waste Management Board (now known as Cal - Recycle)
administers this environmental grant which consists of addressing the impacts on
communities by illegal dumping activities. The impacts result in a loss of economic
value, create environmental, public health and safety problems, and degrade the
enjoyment and pride to those communities.
In 2009 the California Integrated Waste Management Board opened the opportunity to
local agencies to apply for grant funding to help combat illegal dumping. In November
2009, City Council authorized staff to apply for a solid waste site clean -up grant. In
December 2009, the public works staff in collaboration with Waste Management staff
submitted a grant application which led to a successful grant award in July 2010.
DISCUSSION
The City of Baldwin has recently experienced a significant and increasing problem with
illegal dumping on public and private areas. Upon this grant opportunity becoming
available, staff was able to demonstrate a need and also potential solutions. The grant
funds a program which focuses on illegal dumping on selected public alleys.
Presentation on Illegal Dumping Grant Program Page 2 of 2
December 15, 2010
A, Illegal Dumping Committee to deploy this program was formed comprised of City
staff from Public Works, Community Development, and Police, and Waste
Management serves as our technical advisor. The Committee set up a procedure to
select the top four alleys, two in residential areas and two in mixed commercial /
residential areas as shown in Attachment A. The Committee expects that lessons
learned from past experience and data gathered from the current program will
strengthen our chances to receive future grants for citywide program deployment. The
successful "Keep Baldwin Park Beautiful" theme will be used to frame our public
outreach efforts.
The program work plan summary consists of the following elements which are further
described in Attachment R.
1. Assessment
2. Interagency Cooperation
3. Community Involvement and Public Outreach Campaign
4. Mitigation and Cleanup
5. Monitoring Enforcement
6. Documentation and Analysis
7. Final Report
FISCAL IMPACT
There is no impact on the General Fund. The City was awarded $100,000 to execute
this program. The total program value is $149,750. The City's does have a matching
fund requirement of $49,750 for in -kind city services. This is being met with a
combination of in -kind staffing support, and about $10,000 for signage and public
information and outreach, which is included in the approved FY 2010 -11 Budget.
I agol►viI m 1:4k,Iljm[*J�
Staff recommends that City Council receive and file the report, and authorize Staff to
proceed with program objectives as outlined in the Cal - Recycle grant and as
recommended by Staff.
ATTACHMENTS
A Criteria Used to Select Alleys
B Work Plan Summary
ATTACHMENT A
City of Baldwin Park
Illegal Dumps Program
Alley Selection Criteria
Illegal dumping is an urgent safety issue for the residents of the City of Baldwin Park.
The most common item illegally disposed in City alley ways by residents furniture —
predominantly couches, mattresses and chairs — however, the list is extensive and may
include TV's, refrigerators, ovens, microwaves, carpet, paint, oil containers, dead fish,
and other dead animals, green waste, cardboard and paper, concrete, tires, clothes,
wood, toys, general MSW, dirty diapers, women's sanitary products, used condoms,
needle syringes, human waste, and drug paraphernalia (bongs, pipes, etc.). This list
contains, by their very nature, dangerous to the health and safety of the residents of the
City of Baldwin Park.
Therefore, an Alley Selection Criteria to install surveillance equipment has been
established by the committee to prioritize each alley based on the following:
1. Is the alley located near or at a major street thoroughfare and in close proximity
to the local freeway, etc.
2. According to staff log sheet activity; the number of illegal dumps collected by
Public Work's at specific location will predicate the need for surveillance
equipment.
3. Residential /Multi - family vs. Commercial alley.
4. Appearance
Good: Good drainage, asphalt in good condition, weed abatement
maintained, good lighting.
Fair: Sporadic pavement deterioration, evidence of weed abatement,
scattered potholes.
Poor: Severe pavement deterioration, weed abatement throughout the
alley, poor water drainage.
5. Lighting
Good: Proper lighting throughout alleyway.
Fair: Sporadic lighting throughout alleyway.
Poor: Little to no lighting at location.
Out of these criteria four alleys were selected for this pilot study. They are as follows:
A. South of Los Angeles St. between Merced Ave and Stewart Ave.
B. North of Los Angeles St. between Hornbrook Ave. and Los Angeles St.
C. South East of Root Ave. between Willow St. and Chetney Dr.
D. South of Ramona Blvd. between Syracuse St. and Barnes Ave.
G'.A220 Programs \Solid WasteAlllegal Dumping o atiMileySelectionCriteria- nanative iev2.doc
15_1 vi G ill
ILLEGAL DUMPING -WORK PLAN SUMMARY
1. Assessment - The worse alleys will be identified and the best course of action to
combat illegal dumping will be determined. Plans include surveillance security using
camera, enhanced lighting, signage, and gathering resulting information for analysis.
2. Interagency Cooperation - The City's Code Enforcement Division, Police
Department, Public Works Department and Waste Management comprise the Illegal
Dumping Committee to deploy the Illegal Duping Program. The resulting
collaborative effort to address health and safety issues faced today. Best practice
solutions will result which can then be implemented Citywide.
3. Community Involvement and Public Outreach Campaign - These efforts are
comprehensive and will welcome community champions to take the lead in their
perspective areas. In11 from r ®ci-' %A/ill be obtained presented to educate city
leaders of constituent's highest localized interests. A web page will be developed to
ease reporting of dumping activities. Enforcement of our strict city anti illegal
dumping code will be adhered to. Information about the program and other solid
waste programs (i.e. Bulky Item Program) will be release though the NOW and local
press. Schools will also be contacted to participate be getting the word out and will
become part of this collaborative effort. Information will be in both English and
Spanish.
4. Mitigation and Cleanup - These efforts will be a large part of this pilot program.
Included in this effort are installing of lights, posting signs, increase surveillance,
graffiti removal, weed abatement, planting trees where possible. Bulky item pickups
and other methods of mitigation to address issues. Disposal crews from the City and
Waste Management forces will aid in this effort.
5. Monitoring Enforcement - the initial site Clean Up will be followed by monitoring to
determine site conditions and report needs for further clean up efforts. At alleys
surveillance cameras will be installed data will be down loaded to follow -up with
potential evidence gathering to follow -up police enforcement action. Violators will be
prosecuted in accordance to the City's Municipal Code.
6. Documentation and Analysis - Based on the data collected the program will be
adjusted to better combat the illegal dumping and the Illegal Dumping Committee
will develop strategies to ensure the elimination of this treat. A Quarterly report will
be produced using Public Works collected field data and Waste Management data.
7. Final Report - A final report will be submitted Cal - Recycle listing the findings of the
pilot program and future considerations for the City to continue its efforts in
eliminating illegal dumping in our City.
M
• `/
I NS
I._ ►
P A, K, &
CITY OF BALDWIN PARK
TO: Honorable Mayor and City Councilmembers
FROM: Vijay Singhal, Chief Executive Officer
DATE: December 15, 2010
1 iY
DEC 15'
ITEM NO.._�_�_
STAFF REPORT
SUBJECT: Adoption of Resolution 2010 -050 Casting the City's Votes for a
Representative to the San Gabriel Basin Water Quality Authority
(Continued from November 17, 2010)
The purpose of this report is to adopt Resolution 2010 -050 casting the City's votes for
Board Representative to the San Gabriel Basin Water Quality Authority for cities without
pumping rights.
BACKGROUND AND DISCUSSION
The City of Baldwin Park is currently a member of the San Gabriel Basin Water Quality
Authority (WQA) without pumping rights. The City is eligible to cast its votes for a
Board Member to represent the interests of the cities without pumping rights. Each City
has one vote for every 10,000 residents; Baldwin Park has 8 votes that will go to the
candidate the Council chooses to support. The City must cast all of its votes for one
candidate only.
The thirteen cities without pumping rights are Baldwin Park; Bradbury; Duarte, La
Puente; La Verne; Rosemead; San Dimas; San Gabriel; San Marino; Sierra Madre;
South El Monte; Temple City and West Covina. On October 20, 2010 the Baldwin Park
City Council nominated Council Member Monica Garcia as a candidate for Board
Member of the WQA Board. Rosemead Councilmember Margaret Clark and South El
Monte Mayor Louie Aguinaga have also been nominated by other member cities. A
table listing the nominations is included with this report.
If Council wishes to participate in this election, they must do so through a resolution that
must be received by the Water Quality Authority no later than 5 :00 p.m. on December
20, 2010. The candidate who receives the most votes will be the Board Representative
and the second highest vote - getter will be the alternate.
WQA Election
December 15, 2010
Page 2
FISCAL IMPACT
There is no fiscal impact to the City of Baldwin Park
RECOMMENDATION
Staff recommends City Council determine which candidate they wish to cast their votes
for and waive further reading, read by title only and adopt Resolution
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
PARK, CALIFORNIA, CASTING ITS EIGHT (8) VOTES FOR
REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPIN
TO
G RIGHTS ON
ATTACHMENTS
• Resolution No. 2010 -050
• San Gabriel Basin WQA Letter w /attachments received October 28, 2010
RESOLUTION NO. 2010-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, CASTING ITS EIGHT (8) VOTES
FOR TO REPRESENT CITIES WITHOUT
PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN
GABRIEL BASIN WATER QUALITY AUTHORITY
WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by
Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality
Authority; and
WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is
composed of seven members with three appointed members from each of the three
municipal water districts, one elected council city (- -
-il person from cities in the. San Gabriel
Basin with prescriptive water pumping rights, and one elected city council person from
cities in the San Gabriel Basin without prescriptive water pumping rights; and
WHEREAS, the City of Baldwin Park is one of the cities in the San Gabriel Basin
without prescriptive water pumping rights;
WHEREAS, the City of Baldwin Park may cast Its votes for a representative by
resolution no later than December 20, 2010 at 5:00 p.m.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park casts its eight (8) votes
for as the representative for cities in the San Gabriel Basin without
prescriptive water pumping rights.
PASSED, APPROVED AND ADOPTED this _ day of -, 2010.
MANUELLOZANO
MAYOR
Resolution No. 2010-050
Page 2
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Resolution was duly and regularly approved and adopted by
the City Council of the City of Baldwin Park at a regular meeting held
2010 by the following vote:
j- ... .0
AYES: COU11 MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LAURA M. NIETO, CIVIC
DEPUTY CITY CLERK
5au. GalMel Briuht Water Quality � of l� of ity
� T N 1720 W. Cameron Avenue, Suite 100, West Covina, CA 91790 o (626) 338.5555 o Fax (626) 338:;175
wivw,Nvgaxom
October 26, 2010
City Manager
CITY OF i3AI,DWIN PARK
141403 E. Pacific Ave,
Baldwin Park, CA 90706
RE: ELECTION FOR WQA BOARD MEMBER AND ALTERNATE MEMBER
IZENZE'SI N'I'ING CITIES WITHOUT WATER PUMPING RIGITIS
Dear City Manager:
The nomination period for the election of the WQA board member and alternate member
representing; cities without Water pumping rights was closed on October 22, 2010 at 5:00 p.m.
Enclosed is an election ballot, a list of 1lominces, a sample resolution, and a list of cities "without
pumping rights and the number of votes each city is entitled.
Each city may cast their votes for only axle of the listed nominces in the form of a resolu(ion. The
tc�soltrdhrt nitrst ye received ttf i/re rrt�or�e rldrlrc�ss by I)eceirrt�el 2(�, 2(I10 at 5 04h��tr. virr irttrltl
delirvcrv, cetti�e�I �nrrih Te11L'a•, oi UI'S tf!!'1'tl` �S'lGlVfi `l'ZiR�RL`C,)UiIZE� «t 7HL- 3��;C1; i�I�: L
NOT BE AC CEPTED. Our office hours are Monday through Friday 8 :00 a.111. to 12:00 noon and
1:00 p,111. to 5:00 1).111. Votes will be officially coasted during the eater Quality Authority's regular
meeting on December 2I, 2010 at 9:30 a,ni,
Each city has one mote for each 10,000 residents or majority thereof, as determined by the 2000 U.S,
census data, The enclosed ballot indicates the number of votes your city Tay cast, Please note that a
city 11111st cast all of their votes to onl), one candidate and catinot split their votes. Please also note
that a city is not limited to voting for its own city council nienibers and that a city may vote in an
election whether or not it zlominated a candidate,
If you should have any questions, please contact me at (626) 338 -5555 or by email at
��r rl1�}`cFnit'. {(t;�4(la,l'«111.
Since t 11 y ,
� l
Stcph, nic Moreno
Adnlinistrativc /lS Assistant
San Gabriel Basin Watcr Quality Authority
Enclosures
EXHIBIT "13-2"
BALLOT
ELECTION OF CITY MEMBERS AND ALTERNATES FROM
CITIES WITHOUT PUMPING FIGHTS
TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTI- IOIZITY
PURSUANT TO SB 1679
CITY: 13ALDWIN PARK
NUMBER OF VOTES TO BE CAST:
TO THE CITY COUNCIL:
The following candidates have been duly nominated by qualified cities for the office of
city member and alternate of the Board of the San Gabriel Basin Water Quality Authority { "the
Au(hority ") from cities withorit 1)(un1)hrg rights,
The election of the city member and alternate will take place at an adjourned tweeting of
the Board of the Authority set for December 21, 2010, at 9:30 a,m,, at 1720 W, Cameron Ave.,
Suite 100, Nest Covina, California.
Your city may cast its votes for ono candidate by resolution of the city council, The
number of votes to which your city is entitled, based upon population, is set forth above.
The resolution of the city comicil casting its votes must be delivered by cortified mail,
F edEx, UPS with ,signature regidi -o( l or hand delivered to the Authority at least 211 hours before
the meeting of the Board of the Autlrori at which tho olection of the city member an {I alternate
will take place,,or the votes will not be counted,
This Ballot may accompany the resolution of the city council casting its votes for city
member and alternate from cities without pumping rights.
, t C;abxiet t3��z t �tcz �)ttzti� �,u� to i
f - 1720 W. Cameron Avenue, Suite 100, Nest Covina, CA 91790 (626) 338.5555 Fax (626) 338 -5n5
tvtvtv.tvga.com
ELECTION FOR WQA BOARD MEMBER
AND ALTERNATE MEMBER
REPRESENTING CITIES 'WITHOUT
PRESCRIPTIVE PUMPING RIGHTS
LIST OF NOMINATIONS
(in the order in which they were received)
Name Nominated b
Margaret Ctarlc San Dimas
City of Rosemead Rosem(nd
Bradbury
La Verne
Duarte
La Puente
Temple City
San Marino
San Gabriel
Louie A &uinaya South El Monte
City of South El Monte
Monica Garcia Baldwin Park
City of Baldwin Park
Updated 10/25/10
an Gabxtel Baatin 'Cltlatez Qtuallty AWboxif
117.0 4V. Conieron AvenaGs, St�ttQ 100, West Cavhto, CA 91790 0 (626} 33$ -5355 o Pax (G ?6) 338 -5TI6
vi 5YW.1V(p'. VRl
CITIES WITHOUT PUMPING RIGHTS,
(2000 U.S. Census Figures)
2000
## of
Qity
Population
Votes
Baldwin Park
75,837
8
Bradbury
855
1
Duarte
21,486
2
La Puente
41,063
4
La Verne
31)638
3
Rosemead
53,505
5
Sari Dimas
34,980
3
San Gabriel
39,804
4
Sari Marino
12,945
1
Sierra Madre
10,578
1
S. El Monte
21,144
2
Temple City
33,377
3
W. Covina
105,080
11
TOTAL VOTES:
48
(2000 U.S. Census Figures)
CITY OF BALDWIN PARK STAFF REPOR
P -A � R, K
TO: Honorable Mayor and Members of the Cit Council
FROM: Vijay Singhal, Chief Executive Officer
DATE: December 15, 2010
CITY IL AGENDA
SUBJECT: RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES
AS OFFICIAL REPRESENTATIVES OF THE CITY AND
CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN -HOUSE
C0 M IkV`lITTEES9 CREATION OF AN IN -HOUSE AUDIT COeviabilTTEE
• :••
This report requests that the City Council designate representatives and alternates as
official representatives of the City and to review and appoint members to the established
in -house committees. It is also requested that the Council approve the creation of an in-
house Audit Committee and appoint two Council Members to serve on the committee.
BACKGROUND
Traditionally, every year following the reorganization of the City Council, the Council is
requested to designate members as representatives and alternates on certain committees
and organizations. Additionally, in -house committee appointments are included with this
report for review and consideration of amendments.
DISCUSSION
This year, Council is requested to approve the creation of an Audit Committee as a new in-
house committee. It is considered a best practice in the private and public sectors to have
an audit committee for the oversight of financial reporting and internal controls, especially
in light of the corporate and government financial debacles that have transpired in the past
several years. The public, as well as oversight agencies and other funding sources,
continues to place greater importance on the integrity of financial and compliance reporting
by the public sector.
The role of the Audit Committee would be to meet with the City's independent external
audit firm to review and discuss the City's financial and compliance reporting and
disclosure process and the results of the independent audit. City management has the
responsibility to ensure the accuracy of the financial statements and compliance with laws,
regulations, and agreements. It would be the Audit Committee's function to carry out due
diligence by evaluating information from the Finance Director, Chief Executive Officer, and
the external auditors, which would then be communicated to the full City Council. The
Audit Committee would perform its responsibilities for the benefit of funding sources,
bondholders, oversight agencies, and the public at large.
More specifically, the Audit Committee would meet with the City's independent auditors to
review financial reports and other financial information; review the systems of internal
controls and financial policies established by management; review the auditing,
accounting, financial, and compliance reporting process; and to provide an open avenue of
communication among the independent auditor, financial and senior management, and the
City Council. The financial reports subject to review would include the City's annual
financial statements and any compliance or other reporting or financial information
submitted to any governmental body, or the public, including any certification, report,
opinion, or review rendered by the independent auditor. The Audit Committee would then
report back to the City Council the results of their review.
RECOMMENDATION
Staff recommends City Council: 1) review and appoint members to the positions of
representatives and alternates of the established committees and organizations and adopt
Resolution No. 2010 -055 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF Roi DWIN PARK, CAL !FORNIA, APPOIni-rinir(- REPRESEKITATI!/ES AND
rl")AI ATr[- AS !1 CIA 1 nrnnrc+rn�! 1\ ern !lr TI Ir CITY"; n\ Committee
ALTEFRN � i cID r» ONFFICiM� RCr"RCJCIVTATI V CJ yr i nE. CITY , L� review �.ornmittee
in -house appointments and appoint members as representatives to the established
committees; and 3) create an in -house Audit Committee and appoint two Council Members
to serve on the committee.
Attachment:
• Resolution No. 2010 -055
• In -House Committee Roster
RESOLUTION NO. 2010 -055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA APPOINTING
REPRESENTATIVES AND ALTERNATES AS OFFICIAL
REPRESENTATIVES OF THE CITY
The City Council of the City of Baldwin Park, California, does hereby resolve as
follows:
WHEREAS, it is the Council's desire to review and /or amend the existing
appointments; and
WHEREAS, Resolution No. 2010 -55 adopted January 20, 2010 and all other
Resolutions inconsistent herewith are hereby repealed and rescinded.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the San Gabriel Valley
Water Association — Quarterly luncheon held on the 2nd Wednesday of the month;
various locations
Section 2. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Los Angeles County
Sanitation District Nos. 15 & 22 — 47H Wednesday, 1:30 p.m., District Office
Existing Appointees
New Appointees
Representative:
Council Member Pacheco
*Mayor Lozano
Alternate:
Mayor Lozano
Section 2. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Los Angeles County
Sanitation District Nos. 15 & 22 — 47H Wednesday, 1:30 p.m., District Office
*Appointment of Mayor required by Sanitation District
Section 3. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the League of California
Cities — Los Angeles County Division — 1 St Thursday, 7:00 p.m., Metropolitan Water
District — Courtyard Cafe, ''r Floor
Existing Appointees
New Appointees
Representative:
Mayor Lozano
*Mayor Lozano
Alternate:
Council Member Ricardo
Pacheco
*Appointment of Mayor required by Sanitation District
Section 3. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the League of California
Cities — Los Angeles County Division — 1 St Thursday, 7:00 p.m., Metropolitan Water
District — Courtyard Cafe, ''r Floor
Existing Appointees
New Appointees
Representative:
Council Member Monica
Garcia
Alternate:
Council Member Marlen
Garcia
Resolution No. 2010 -055
Page 2
Section 4. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Civil Defense Area "D"
Director's Meeting — 3rd Thursday, Various times /locations
Section 5. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Civil Defense Area "D"
r. Membership Thursday, _ Glendora
General membership — 3 Thursday, 8:3v a.m., Glendora
Existing Appointees New Appointees
Re resentative: Mayor Pro Tern Marlen Garcia
Alternate: Chief of Police Lili Hadsell
Section 6. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Independent Cities
Association — 2nd Thursday of each month at various locations
Existing Appointees
New Appointees
Representative:
Chief of Police Lili Hadsell
*Mayor Lozano
Alternate:
Mayor Manuel Lozano
Section 5. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Civil Defense Area "D"
r. Membership Thursday, _ Glendora
General membership — 3 Thursday, 8:3v a.m., Glendora
Existing Appointees New Appointees
Re resentative: Mayor Pro Tern Marlen Garcia
Alternate: Chief of Police Lili Hadsell
Section 6. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Independent Cities
Association — 2nd Thursday of each month at various locations
Section 7. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Independent Cities
Association Lease Finance Authority — As needed, various times /locations
Existing Appointees
New Appointees
Representative:
Mayor Pro Tern Marlen Garcia
*Mayor Lozano
Alternate:
Councilmember Monica Garcia
Section 7. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Independent Cities
Association Lease Finance Authority — As needed, various times /locations
Section 8. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Los Angeles County —
City Selection Committee — 'St Thursday of each month in conjunction with the
League of California Cities meetings
Existing Appointees
New Appointees
Representative:
Council Member Pacheco
*Mayor Lozano
Alternate:
CEO Vijay Sin hal
Section 8. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Los Angeles County —
City Selection Committee — 'St Thursday of each month in conjunction with the
League of California Cities meetings
"Appointment of Mayor required by State Law
Section 9. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Southern California
Association of Governments — 1St Thursday of the month @ 9 am; Headquarters
Existing Appointees
New Appointees
Re resentative:
*Mayor Lozano
*Mayor Lozano
Alternate:
Mayor Pro Tern Marlen Garcia
"Appointment of Mayor required by State Law
Section 9. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Southern California
Association of Governments — 1St Thursday of the month @ 9 am; Headquarters
Existing Appointees
New Appointees
Representative:
Council Member Pacheco
Alternate:
Council Member Rubio
Resolution No. 2010 -055
am
Section 10. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the Foothill Transit Zone —
Cluster meetings held Quarterly at the West Covina Headquarters Executive Board Room
Section 11. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the San Gabriel Valley
Council of Governments — 3RD Thursday, 6:00 p.m., various locations
Existing Appointees New Appointees
Re resentative: Council Member Monica Garcia
I Alternate: I Council Member Rubio I
Section 12. The City Council of the City of Baldwin Park does hereby appoint the
following persons as its representative, alternate and substitute alternate representative to
the Governing Board of the Independent Cities Risk Management Authority (ICRMA) —
2 "d Wednesday, bi-monthly at various locations
Existing Appointees
New Appointees
Re resentative:
Mayor Pro Tern Marlen Garcia
Alternate:
Mayor Lozano
Section 11. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative and alternate members of the San Gabriel Valley
Council of Governments — 3RD Thursday, 6:00 p.m., various locations
Existing Appointees New Appointees
Re resentative: Council Member Monica Garcia
I Alternate: I Council Member Rubio I
Section 12. The City Council of the City of Baldwin Park does hereby appoint the
following persons as its representative, alternate and substitute alternate representative to
the Governing Board of the Independent Cities Risk Management Authority (ICRMA) —
2 "d Wednesday, bi-monthly at various locations
Section 13. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative members of the San Gabriel Valley Economic
Partnership — Quarterly on the 3rd Thursday @ 4:00 p.m., Headquarters
Existing Appointees
New Appointees
Representative:
Council Member Pacheco
(Must be Elected Official
Mayor Lozano
Alternate:
Mayor Manuel Lozano
(May be staff member)
Substitute Alternate:
Human Resources
(May be staff member
Manager Leticia Lara
Section 13. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative members of the San Gabriel Valley Economic
Partnership — Quarterly on the 3rd Thursday @ 4:00 p.m., Headquarters
Section 14. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative liaisons to the Baldwin Park Chamber of Commerce
Existing Appointees
New Appointees
Representative:
Mayor Pro Tern Marlen Garcia
Representative:
Mayor Lozano
Section 14. The City Council of the City of Baldwin Park does hereby appoint the
following persons as representative liaisons to the Baldwin Park Chamber of Commerce
Section 15. That the City Clerk shall certify to the adoption of this Resolution and
shall forward copies hereof to said committees and organizations.
Existing Appointees
New Appointees
Re resentative:
Council Member Pacheco
Representative:
Mayor Lozano
Section 15. That the City Clerk shall certify to the adoption of this Resolution and
shall forward copies hereof to said committees and organizations.
Resolution No. 2010-055
Page 4
APPROVED and ADOPTED this day of 2010.
MANUELLOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES I ss.
CITY OF BALDWIN PARK
1, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Resolution was duly and regularly approved and adopted by the
City Council of the City of Baldwin Park at a regular meeting held January 20, 2010 by the
following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
LAURA M. NIETO, CMC
DEPUTY CITY CLERK
2010 IN-HOUSE COMMITTEES AND REPRESENTATIVES
City Council Action:
Name of Committee
F Existing Member
New Members
Mayor Lozano
*Graffiti Task Force
Council Member Pacheco
Mayor Pro Tern Marlen Garcia
In-House Freeway Task Force
Council Member Monica Garcia
w2 + 2 + 2 City Council/School
r�o..--;l Member Monica Garcia
%a ull%�i Member 11�
Board/Water Board
Council Member Rubio
Mayor Pro Tern Marlen Garcia
Shopping Center Committee
Mayor Lozano
Fireworks Committee
Mayor Pro Tern Marlen Garcia
Reinstated July 2, 2008
Mayor Lozano
Workforce & Career
Development Enhancement
Council Member Monica Garcia
Committee
I Mayor Pro Tern Marlen Garcia
NEW COMMITTEE
Audit Review Committee
*Committee subject to the "BROWN ACT"
��� � . A
REGULAR MEETING
December 15, 2010
7:00 P.M.
COUNCIL CHAMBER
11440J E. Pacific, Avenue
Baldwin Park, CA 91706
(6261960 -4011
Manuel Lozano
- Chair
Marlen Garcia -
Vice Chair
Monica Garcia -
Member
Ricardo Pacheco -
Member
Susan Rubio -
Member
PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the Se invita al publico a dirigirse al Concilio o cualquiera
Commission or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda,
agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la
on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion.
wish to address the Commission or any of its Si usted desea la oportunidad de dirigirse al Concilio a
Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el
COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public
agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada
minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) minutos. Hay
interpreter is available for your convenience. un interprete para su conveniencia.
.. �., �. .,.,..�, z,_ z, a,r, �t ,3 ter.. .� _ ,t : +' r. .� � a�Fr 1,_ 3
-n ndss". P1 . .-
t. „, 4
Community Development Commission Agenda — December 15, 2010 Page 1
COMMUNITY DEVELOPMENT COMMISSION
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Members: Monica Garcia, Ricardo Pacheco, Susan
Rubio, Vice-Chair Marlen Garcia and Chair Manuel
Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minuttos 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 acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista
algClna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder
brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar
asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2]
CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be
approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in
which case, the item will be removed from the general order of business and considered in its normal sequence on the
agenda.
1. WARRANTS AND DEMANDS
Staff recommends Commission receive and file.
2. MINUTES
Staff recommends Commission approve the minutes of the December 1, 2010
meetings (special and regular.)
3. CONSIDERATION TO CANCEL LEGISLATIVE BODY MEETINGS OF JANUARY 5,
2011 (See related Item on the City Council Agenda)
Staff recommends City Council and Community Development Commission cancel the
January 5, 2011 meetings and direct the City Clerk to post the appropriate notices of
cancellation.
4. HCD ANNUAL REPORT OF HOUSING ACTIVITY OF COMMUNITY
REDEVELOPMENT AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2010
Staff recommends Commission receive and file the HCD Annual Report for fiscal year
ending June 30, 2010.
Community Development Commission Agenda — December 15, 2010 Page 2
5. CONCEPTUAL REVIEW FOR THE CONSTRUCTION OF NEW FACADE
IMPROVEMENTS TO AN EXISTING BUILDING FOR A PROPOSED GROCERY
STORE AND RETAIL SPACE LOCATED WITHIN THE CENTRAL BUSINESS
DISTRICT AND SIERRA VISTA REDEVELOPMENT PROJECT AREAS;
LOCATION: 14433 RAMONA BLVD.
Staff recommends Commission waive further reading, read by title only and adopt
Resolution No. 458 entitled, "A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK
CONCEPTUALLY APPROVE THE FACADE IMPROVEMENTS TO AN EXISTING
BUILDING FOR A PROPOSED GROCERY STORE AND RETAIL UNIT WITHIN THE
CENTRAL BUSINESS DISTRICT AND SIERRA VISTA REDEVELOPMENT
PROJECT AREAS; LOCATION: 14433 RAMONA BOULEVARD; APPLICANT:
SUPER CENTER CONCEPTS, INC.; CASE NO.: PR 10 -17."
6. RESOLUTION NO. 459 IN REGARDS TO THE SUPPLEMENTAL EDUCATIONAL
REVENUE AUGMENTATION FUNDS (SERAF) OBLIGATION FOR FY 2009.2010
I' (ABX4 26)
Staff recommends Commission waive further reading, read by title only and adopt
Resolution No. 459 entitled, "A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, STATE OF
CALIFORNIA, MAKING CERTAIN FINDINGS REGARDING THE BORROWING OF
FUNDS FROM THE LOW AND MODERATE INCOME HOUSING FUND TO ASSIST
WITH THE PAYMENT TO THE SUPPLEMENTAL EDUCATIONAL REVENUE
AUGMENTATION FUND FOR FISCAL YEAR 2009 - 2010."
ADJOURNMENT
CERTIFICATION
I Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of
perjury under the laws of the State of California, that the foregoing agenda was posted on the
City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 9th day of
December 2010.
J�40 a ?A�/o
Laura M. Nieto, CMC
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda
are available for public viewing and inspection at City Hall, 2"d Floor Lobby Area or at the Los Angeles County
Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the
office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at Inieto(a)baldwin park. corn
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE ll)
Community Development Commission Agenda — December 15, 2010 Page 3
COMMUNITY DEVELOPMENT
COMMISSION AGENDA
J)p rem h! tr /,fo i o
Item No.
wille N-141,
X- l 1
REPORT:
CHECKREG
GENERATED:
15 APR 09 11:44
RUN: MONDAY DECO62010 14:10 PAGE 3
CITY OF BALDWIN PARK
CHECK REGISTER
CHECK RANGE: 13232
13234
CHECK
BANK
CHECK 4
CHECK AMT
CHECK DATE VENDOR # ADDRS
# VENDOR NAME STATUS
WO
------- -
#
-- -----------
AMOUNT
----- - ------------------------
G/L ACCT #
- -------------
DESCRIPTION INVOICE # INV VEND
- ---------------- - ------------------------ - ------------------------
2
13232
$400.00
12/06/10 08688
0 ALESHIRE & WYNDER LLP
200.00
836-00-000-51101-14900-2
LEGAL SRV-CB DIST/SV PRJ 15220
200.00
834-00-000-51101-14900-2
LEGAL SRV-CB DIST/SV PRJ
2
13233
$3250.00
12/06/10 10066
0 LIDGARD AND ASSOCIATES INCORP
3250.00
804-40-000-22336-14197-1
LAND VALUE STUDY 4548
2
13234
$437.91
12/06/10 05154
0 MELECIO PICAZO
227.19
806-40-470-53100-14470-2
REIMB-10 JOB FAIR MATERIALS REIMB'10 JOB FAIR
210.72
806-40-470-53320-14470-2
REIME-'10 JOB FAIR MATERIALS
TOTAL # OF ISSUED CHECKS: 3 TOTAL AMOUNT: 4087.91
TOTAL # OF VOIDED/REISSUED CHECKS: 0 TOTAL AMOUNT: 0.00
TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00
TOTAL # OF UNISSUED CHECKS: 0
CITY OF BALDWIN PARK
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
iv V� I M I I I uLv LLuriviu\ii
COMMISSION AGENDA
C• 15 2010
Item No.
WEDNESDAY, DECEMt3CK
01, 2010
6:00 p.m. City Hall - Room
307
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor / Chair
Ricardo Pacheco, Mayor Pro Tern / Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio
Councilmembers / 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.
• a -�
ROLL CALL
Present: Council Member / Member Marlen Garcia, Council Member /
Member Monica Garcia, Council Member / Member Rubio, Mayor
Pro Tern / Vice Chair Pacheco, Mayor / Chair Lozano.
Absent: None.
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
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
8437 - 004 -065
8437 - 004 -066
8437- 004 -067
8437 - 004 -068
8437 - 004 -069
J &J Warehouse Co. / Newman Tek Capital
J &J Warehouse Co. / Newman Tek Capital
J &J Warehouse Co. / Newman Tek Capital
J &J Warehouse Co. / Newman Tek Capital
Bank of America
J &J Warehouse Co. I Newman Tek Capital
8437 - 004 -070 Roxbury Properties
8437 - 004 -959 Baldwin Park Co. Water District
Negotiators: Vijay Singhal and Joseph W. Pannone
Negotiating Parties: Above -named property owners
Under Negotiation: Terms and conditions
14467 Ramona
14519 Ramona
14483 Ramona
14455 Ramona
14401 Ramona
4124 Maine
4124 Maine
14521 Ramona
3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION
GC §54956.9(b)
One (1) Case
RECONVENE IN OPEN SESSION
The Council / Commission 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 7:03
p.m.
Approved as presented by the Council / Commission at their meetings held
December 15, 2010.
Laura M. Nieto, CMC
Deputy City Clerk
CITY OF BALDWIN PARK
COMMUNITY DEVELOPMENT
COMMISSION
MINUTES
01, 2010
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor/ Chair
Marlen Garcia, Mayor Pro Tern / Vice Chair Council Members / Members: Monica Garcia, Ricardo
Pacheco, Susan Rubio
Maria Contreras, City Treasurer Alejandra Avila, City Clerk
The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met
in REGULAR SESSION at the above time and place.
CALL TO ORDER
ROLL CALL
Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice
Chair Marlen Garcia, Chair Lozano.
Absent: City Treasurer Contreras.
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, Deputy
City Clerk Nieto.
PUBLIC COMMUNICATIONS
101 [01,01
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Chair Lozano, seconded by Vice Chair Marlen Garcia.
1. WARRANTS AND DEMANDS
Commission received and filed.
"B&IJU1111101.1
Commission approved the minutes of November 17, 2010 (special and regular.)
3. CONCEPTUAL APPROVAL FOR THE INSTALLATION OF THREE (3)
THROUGH-WALL ATM MACHINES TO A COMMERCIAL BUILDING AND TWO
NEW PARKING LOT LIGHT POLES RELATED TO A PROPOSED FINANCIAL
INSTITUTION TO BE LOCATED IN THE BALDWIN PARK MARKETPLACE
COMMERCIAL CENTER WITHIN THE FC, FREEWAY COMMERCIAL ZONE
(SIERRA VISTA REDEVELOPMENT PROJECT AREA; CASE NO. PR 10 -11;
LOCATION: 14460 MERCED AVENUE, SUITE 130; APPLICANT: BRETT
MARCHI, REPRESENTING WELLS FARGO BANK
Commission waived further reading, read by title only and adopted Resolution
No. 457 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY
APPROVING THE DESIGN REVIEW PROPOSAL FOR THE INSTALLATION
OF THREE ATM MACHINES AND TWO PARKING LOT LIGHT POLES
RELATED TO A PROPOSED FINANCIAL INSTITUTION LOCATED WITHIN
THE FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT
PROJECT AREA); APPLICANT: BRETT MARCHI, REPRESENTING WELLS
FARGO BANK; LOCATION: 14460 MERCED AVENUE, SUITE #130; CASE
NO.: PR 10 -11."
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned at 9:14
p.m.
Approved as presented by the Commission at their meeting held December 15,
2010.
Laura M. Nieto, CMC
Deputy City Clerk
•
CONSIDERATION TO CANCEL THE LEGISLATIVE BODY MEETINGS OF
JANUARY 5, 2011
See City Council Agenda Item #5
t
/1
h
BALDWIN
P�A•R•K
TO:
COMMUNITY DEVELOPMENT COMMISSION
COMMUNITY DEVELOPMENT
COMMISSION AGENDA
2010
Item No. Ll
Honorable Chairman and Members of the Commissio°
FROM: Marc Castagnola, AICP, Community Development Ma
Lorena Quijano, Director of Finance
DATE: December 15, 2010
SUBJECT: Community Development Commission HCD Annual Report of
Housing Activity of Community Redevelopment Agencies and
Resolution No. 460 in regards to the obligation by the CDC to the City
of Baldwin Park for the Fiscal Year Ending June 30; 2010
-a -
To present the Community Development Commission (Commission) with the Housing and
Community Development (HCD) annual report of housing activity for the Low and
Moderate Income Housing Fund for fiscal year ending June 30, 2010 and for the
Commission to consider the adoption of the attached Resolution in regards to the on- going
obligation by the CDC to the City of Baldwin Park.
BACKGROUND /DISCUSSION
The HCD report is an annual report that is completed by Commission staff and Finance
Department staff, which is a requirement of the State of California, Health and Safety Code
33080.1. The specific purpose is to report on the status and use of the Commission's Low
and Moderate Income Housing Fund activity that has taken place during the Fiscal Year.
The report is due to the State Controller's Office and the Department of Housing &
Community Development, six months after the end of the Fiscal Year.
The HCD annual report encompasses audited financial information as well as Commission
activity of the Low and Moderate Income Housing Fund. The HCD report (FY ending June
30, 2010) will be submitted via HCD's On -line Reporting System by December 31, 2010. A
confirmation receipt will be submitted both to the State Controller's Office and to HCD with
a copy of the Audited Financial Statements and a copy of Commission's 2010 Statement of
Indebtedness. At the preparation of this staff report, the CDC's Financial Statements were
in draft form and being finalized.
Annually the CDC incurs operating and administrative expenditures necessary to maintain
the operations of the Commission; however, the CDC does not have sufficient cash to pay
for these expenditures. To assist the CDC with its operations and to continue its
redevelopment efforts, the City budgets and advances (loans) funds to cover the
expenditures. A total amount not to exceed $755,600 in advances was approved and
adopted as part of the budget adoption process on March 18, 2009, by both the CDC and
the City of Baldwin Park. The CDC is obligated to repay these funds with interest based on
December 15, 2010
Page 2of2
the California Local Agency Investment Fund (LAIF); this obligation to the City is disclosed
in annual financial statements and the statement of indebtedness. For fiscal year
2009/2010 the amount advanced was $505,383 and as of June 30, 2010 the total
outstanding balance including interest was $20,615,589; the attached Resolution reflects
the actual amount loaned for fiscal year 2009 - 2010.
In addition, the State Controller's 2010 Annual Report of Financial Transactions is being
finalized by our consultant and will assist us in submitting the report electronically to the
State Controller's Office, on or before December 31, 2010.
It is recommended that the Community Development Commission receive and file the HCD
Annual Report for fiscal , ✓ear ending June 30, 2010 and that tl h e Commission Vvaive further
reading, read by title only and adopt Resolution No. x+60, entitled, "A RESOLD I iUIN OF
THE COMMUNITY DEVELOMENT COMMISSION OF THE CITY OF BALDWIN PARK,
STATE OF CALIFORNIA, ACCEPTING THE LOAN FROM THE CITY OF BALDWIN
PARK FOR ADMINISTRATIVE EXPENSES FOR FISCAL YEAR 2009- 2010."
ATTACHMENTS
#1- Executive Summary
#2- HCD Cover Page / HCD On -line System Generated Reports
#3- Resolution
:il•
Executive Summary
Housing and Community Development Report
The Housing and Community Development (HCD) report has been prepared for
the Community Development Commission for Fiscal Year 2009-2010.
In accordance with State Community Redevelopment Law (CRL) Health and
Safety Code Section 33080.1, it is required that every redevelopment agency
prepare and report annually on their Low & Moderate Income Housing Fund and
housing activities to the Department of Housing and Community Development.
Additionally, Section 33080.3 requires that agencies must submit the report, HCD
schedules, audit report, and the Statement of Indebtedness to the State
Controller, within six months of the end of the Commission's fiscal year.
The HCD report provides financial reporting within each project area, reporting all
revenues, including tax increment revenue availability and allocation amounts to
the housing fund, and any number of households permanently displaced,
including the number of housing units and bedrooms that were demolished or
lost as a result of a Commission assisted project. General information, such as
adoption dates, amendment dates and merger dates are also provided for each
project area. Additionally, financial information is reported for activities outside
project areas and housing programs, such as the First Time Home Buyer
Program and the Home Improvement Loan Program, that utilize low and
moderate income housing funds for City-wide projects.
The HCD report will be submitted by December 31, 2010. Failure to submit the
report by that date results in a forfeiture of up to $10,000.
1
� a - - - - - -� -••
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
REDEVELOPMENT AGENCY ANNUAL HOUSING ACTIVITY REPORT
FY ENDING: 06/30/2010
Agency Name and Address: County of Jurisdiction:
Baldwin Park Community Development Commission Los Angeles
14403 East Pacific Avenue Did the Agency pay SERAF from LMIHF?
Baldwin Park, CA 91706 ® Yes ❑ No
Health & Safety Code Section 33080.1 requires agencies (RDAs) to annually report on their Low & Moderate Income Housing Fund and
housing activities for the Department of Housing and Community Development (HCD) to report on RDAs' activities in accordance with
Section 33080.6.
Please answer each question below. Your answers determine how to complete the HCD report.
1. Check one of the items below to identify the Agency's status at the end of the reporting period:
❑ New (Agency formation occurred during reporting e . No financial transactions were completed).
® Active (Financial and /or housing transactions occurred during the reporting year)
❑ Inactive (No financial and /or housing transactions occurred during; the reporting year). ONLY COMPLETE ITEM 7
❑ Dismantled (Agency adopted an ordinance and dissolved itself before start of reporting year). ONLY COMPLETE ITEM 7
2. During reporting ye how many adopted project areas existed? Six (6) Of these, how many were merged duringyear? N/A
If the agency has one or more adopted project areas, complete SCHEDULE HCD -A for each project area.
If the agency has no adopted project areas, DO NOT complete SCHEDULE HCD -A (refer to next question).
3. Within an area outside of any adopted project area(s): (a) did the agency destroy or remove any dwelling units or displace any
households over the reporting period, (b) does the agency intend to displace any households over the next reporting period, (c) did
the agency permit the sale of any owner- occupied unit prior to the expiration of land use controls over the reporting period, and/or
(d) did the agency execute a contract or agreement for the construction of any affordable units over the next two years?
❑ Yes (any question). Complete SCHEDULE HCD -B.
® No (all questions). DO NOT complete SCHEDULE HCD -B (refer to next question).
4. Did the agency's Low & Moderate Income Housing Fund have any assets during the reporting period?
® Yes. Complete SCHEDULE HCD -C.
❑ No. DO NOT complete SCHEDULE HCD -C.
5. During the reporting period, were housing units completed within a project area and/or assisted b. the outside a project area?
® Yes. Complete all applicable HCD SCHEDULES D1 -D7 for each housing project completed and HCD SCHEDULE E.
❑ No. DO NOT complete HCD SCHEDULES D1 -D7 or HCD SCHEDULE E.
6. Specify whether method A and /or B was used to report financial and housing activity information to HCD:
❑ A. Forms. All required HCD SCHEDULES A B C D1 -D7 and E are attached.
® B. On -line (http: / /Www.hcd.ca.govlydal) "Lock Report" date: . HCD SCHEDULES not required.
(lock date is shown under Admin"Area and "Report Change History')
7. To the best of my knowledge: (a) the representations made above and (b) agency information reported are correct.
Date Signature of Authorized Agency Representative
Executive Director
Title
(626) 9604011, Ext. 482
Telephone Number
• IF NOT REQUIRED TO REPORT, SUBMIT ONLYA PAPER COPY OF THIS PAGE.
• IFREQUIRED TO REPORT, AND REPORTING BY USING PAPER FORMS (INPLACE OFREPORTING ON- LINE), SUBMIT
THIS PAGE AND ALL APPLICABLE HCD FORMS (SCHEDULES A -E) WITHA COPY OFAGENCY'SA UDIT.
• IFREPORTING ON -LINE, PRINTAND SUBMIT "CONFIRMATION LETTER" UPONLOCKING REPORT
• MAIL A COPY OF (a) CONFIRMATION LETTER (IF HCD REPORT WAS ELECTRONICALLY FILED) OR (h) COMPLETED
FORMS AND (c) AUDIT REPORT TO BOTH HCD AND THE SCO:
Department of Housing & Community Development
Division of Housing Policy
Redevelopment Section
1800 3rd Street, Suite 430
Sacramento, CA 95814
Redevelopment Agency Annual Report - Fiscal Year 2009 -2010
(Revised: 10- 13 -10)
The State Controller
Division of Accounting and Reporting
Local Government Reporting Section
3301 C Street. Suite 500
Sacramento, CA 95816
HCD -Cover
Page 1 of I
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California Redevelopment Agmmcieu- Fiscal Year 2009/2010
Status of Low and Moderate Income Housing Funds
SuhC Agency Financial and Program Detail
BALDWIN PARK
Beginning Balance $4,433,967
Adjustment u, Beginning Balance $0
Adjusted Beginning Balance &*.423.907
Total Tax Increment From PA(s) $1,312,140
Total Receipts from PA(n) $1.357.121
Other Revenues not reported on Schedule A '$3.007
Sum of Beginning Balance and Revenues $5.770.081
Item Subitem Amount Remark
Debt Service
Interest Expense
Housing Rehabilitation
Subtotal of Debt Service
Subtotal of Housing Rehabilitation
Planning and Administration Costs
Administration Costs
Professional Services
Subtotal of Planning and Administration Costs
SERAF loan
Subtotal of SERAF loan
Subsidies from the LMIHF
Other
12/07/10 Page 1 of
$5,138
$102,613
$2,425
$1.312,140
$1,312,140
$13,829 1)Building Permit Fee
Subsidy for Low
Income Family
California Redevelopment Agencies - Fiscal Year 200912010
Status of Low and Moderate Income Housing Funds
8uhC Agency Financial and Program Detail
BALoVV|NPARR
Expenditure
Item Subitem
Subsidies from the Um|HF
Subtotal of Subsidies from the VN|MF
Total Expenditures
Amount Remark
$13,82
$1,439,580
NetReso"mes, Available $4;338.501
Indebtedness For SmtasdeaDeferred $V
CategorV Amount
m Receivable for Housing Activities $1.902,479
uoof Land Purchased with Housing Funds $327,478
Total Other Housing Fund Assets $2.229.957
Total Fund Equity $6.568.458
2005/2006
$1198627
2006/2007
$1167478
200712000
$1258629
2008/2009
$1349719
sum of4 Previous Years' Prior Year Ending
Tax Increment for 2VVR12010 Unencumbered Balance
$4969454 $4,423,966
Sum of Current and 3 Previous Yea,s'TuxIncrements
Adjusted Balance
Excess Surplus for next year
Net Resources Available
Unencumbered Designated
UnoncvmbumdUndesignated
Total Encumbrances
Unencumbered Balance
Unencumbered Balance Adjusted for Debt Proceeds
Unencumbered Balance Adjusted for Land So|on
Excess Surplus Expenditure Plan
Page 2 of 3 12/07/10
Grants $12.000.
Remark
Excess Surplus for
�082,90
$4,338,501
$4,338,501
$0
$4,338,501
$V
$4,338,501
$V
$0
California Redevelopment Aganoieu' Fiscal Year 2009QO1O
Status of Low and Moderate Income Housing Funds
OchC Agency Financial and Program Detail
BALDWIN PARK
Excess Surplus Plan Adoption Date No
Site Improvement Activities Benefiting Households
Income Level Low Yffy -Low Moderate Total
Land Held for Future Development
Site Name Num Of Zoning Purchase Estimated
Acres Date Start Date Remark
�4001 Sterling Way 1.43 C'2 01/07/1888
Use of the Housing Fund »oAssist Mortgagors
Income Adjustment Factors Requirements Completed
Mumo Hope p
Non Housing Redevelopment
Funds Usage
Resource Needs
Achievements
Description
Page 3 of 3 13/0010
Document Document
Custodian Custodian COPY
Name Date
Name Phone Source
CDC Financial Statements 30-JUN-10
Rose Tam (626) 960-4011 City Hall
Achievements
Description
Page 3 of 3 13/0010
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California Redevelopment Agencies- Fiscal Year 2009/2010
Project Area Contributions to Low and Moderate Income Housing Fund
Sch A Project Area Financial Information
Agency BALDWIN PARK
Address 14403 E. PACIFIC AVE
BALDWIN PARK CA 91706
Project Area CENTRAL BUSINESS DISTRICT (CBD)
Type: Inside Project Area Status: Active
Plan Adoption: 1982 Plan Expiration Year: 2025
Gross Tax Calculated Amount Amount Amount Total % Cumulative
Increment Deposit Allocated Exemoted Deferred Deposited Dpf-
$1,446,552 $289,310 $0 $0 $0 $0 0% $0
Repayment
$0
Category
Interest Income
$9,918
Total Additional Revenue
$9,918
Total Housing Fund Deposits for Project Area
$9,918
Project Area DELTA PROJECT
Type: Inside Project Area
Status:
Active
Plan Adoption: 1983
Plan Expiration
Year:
2026
Gross Tax Calculated
Amount
Amount
Amount Total % Cumulative
Increment Deposit
Allocated
Exempted
Deferred Deposited Def.
$380,681 $76,136
$76,136
$0
$0 $76,136 20.00% $0
Repayment $0
Category
Interest Income $2,610
Total Additional Revenue $2,610
Total Housing Fund Deposits for Project Area $78,746
Page 1 of 3 12/07110
California Redevelopment Agencies- Fiscal Year 2009/2010
Project Area Contributions to Low and Moderate Income Housing Fund
Sch A Project Area Financial Information
3roject Area PUENTE-MERCED PROJECT
Type: Inside Project Area
Status:
Active
Plan Adoption: 1978
Plan Expiration
Year: 2021
Gross Tax Calculated Amount
Amount Amount
Total % Cumulative
Increment Deposit
Allocated
Exempted Deferred
Deposited Def.
$400,836 $80,167
$80,167
$0 $0
$80,167 20.00% $0
Repayment
$0
Category
Interest Income
$2,748
Total Additional Revenue
$2,748
Total Housing Fund Deposits for Project Area
— --------- -- ---
$82,915
---
Project Area SAN GABRIEL RIVER PROJECT
Type: Inside Project Area Status: Active
Plan Adoption: 1976 Plan Expiration Year: 2019
Gross Tax Calculated Amount Amount Amount Total % Cumulative
Increment Deposit Allocated Exempted Deferred Deposited Def.
$1,000,000 $200,000 $200,000 $0 $0 $200,000 20% $0
Repayment $0
Category
Interest Income $6,856
Total Additional Revenue $6,856
Total Housing Fund Deposits for Project Area $206,856
Page 2 of 3 12/07/10
California Redevelopment Agencies- Fiscal Year 200912010
Project Area Contributions to Low and Moderate Income Housing Fund
Sch A Project Area Financial Information
Project Area SIERRA VISTA PROJECT
Type: Inside Project Area
Status: Active
Status:
Plan Adoption: 1986
Plan Expiration Year: 2027
Plan Adoption: 1979
Gross Tax Calculated Amount Amount Amount
Total % Cumulative
Increment Deposit
Allocated Exempted Deferred
Deposited Def.
$3,332,634 $666,527
$955,837 $0 $0
$955,837 28.68% $0
Allocated
Repayment
$0
$0 $
Category
$0
$0 $0 $0
Interest income
$22,849
Total Additional Revenue
$22,849
Total Housing Fund Deposits for Project Area
$978,686
Project Area WEST RAMONA PROJECT
Type: Inside Project Area
Status:
Active
Plan Adoption: 1979
Plan Expiration
Year:
2022
Gross Tax Calculated
Amount
Amount
Amount Total % Cumulative
Increment Deposit
Allocated
Exempted
Deferred Deposited Def.
$0 $
$0
$0
$0 $0 $0
Repayment $0
Category
Total Additional Revenue $0
Total Housing Fund Deposits for Project Area $0
Agency Totals For All Project Areas:
Gross Tax Calculated Amount Amount Amount Total % Cumulative
Increment Deposit Allocated Exempted Deferred Deposited Def.
$6,560,703 $1,312,140.6 $1,312,140 $0 $0 $1,312,140 20% $0
Total Additional Revenue from Project Areas: $44,981
Total Deferral Repayments: $0
Total Deposit to Housing Fund from Project Areas: $1,357,121
Page 3 of 3 12/07/10
California Redevelopment Agencies - Fiscal Year 200912010
Sch A/B Project Area Program Information
BALDWIN PARK
Project Area: SIERRA VISTA PROJECT
UNITSLOST
Above
Very Low
Low
Moderate
Total Total
Reporting Period: Current
Redevelopment
Category Bedrooms Lost - Required to be Replaced
0
2
0
0
2
Category Households Removed - Non Elderly
0
1
0
0
1
Category Units Lost - Required to be Replaced
0
1
0
0
1
Page 1 of 1 12/07/10
Cu|ifo,nksRedevdopmvntAgondea - Roca Year 200912010
8nhD General Project Information
BALDWIN PARK
Project Area Name: OUTSIDE PROJECT AREA
Project Name: 13D24 Kenmore new sfr
Address: 13824 Kenmore Avenue Baldwin Park 91708
Owner Name: Hung Lam
q0N ASSISTED PROJECT UNITS
----------------------�----------------
Catego vlow low mod amod Building Permit Number Building Permit Date
New Constructions 0 O 0 1 80O-012-514 20-JUL08
Project Name: 312O Mangum Street
Address: 31o0 Mangum Street Baldwin Park 91706
Owner Name: Jacinto Maldonado
]N ASSISTED PROJECT UNITS
��--�---------------------------�—�����—'
Category vlow low mod amod Building Permit Number Building Permit Date
Project Name: 4255Center new mfr
Address: 425s Center Street Baldwin Park 91706
Owner Name: FornondnArtoogu
�ON ASSISTED PROJECT UNITS
----------�---�----�------------------'
Category vlow low mod amod Building Permit Number Buildina Permit Date
Page 1 of 3 12/07/10
California Redevelopment Agencies - Fiscal Year 2OO8/201U
SnhD General Project Information
BALDWIN PARK
Project Area Name: OUTSIDE PROJECT AREA
Project Nome DC Corp Multi-Family Project
Address: 1V6VV Foster Avenue Baldwin Park 917OO
Owner Name: DC Corporation
NON ASSISTED PROJECT UNITS
---------��----------------------------
Category vlow low mod amod Building Permit Number Building Permit Date
New Constructions 0 0 18 0 BOO-013-645 01-DEC-09
BOO-013-743
BOO-013-668
8OO-018-742
BOO-01 3-785
BO0'O13-704
BOG-013-783
BOO-013-739
BOO-013-740
BO0-013-780
8OO-013-741
B00-013-745
BO8-013-744
80O-81377S
BO0-013-780
BOO-013-781
BOO-01 3-782
BOO-013-738
03-DEC-09
0-DEC-09
01-nEC-O8
02-DEC-8V
02-DEC-09
02-DEC-091
02-DEC-09
02-DEC-09
02-DEC-09
02-DEC-09
03-DEC-09
03-DEC-09
03-DEC-09
O3-DEC-OS
03-DEC-09
O3-DEC-09
V2-DEC-0S
Project Name: Residential Rehabilitation Loan
Address: 3828 Puente Avenue Baldwin Park 91706
Owner Name: Maria and Enrique Barreiro
UNITINVENTORY
Y2Ly_Low Low Moderate AboveMod Became Total
Ineligible
Other Provided with LMIHF
Unit
Non-Substantial Rehabilitation
PROJECT FUNDING SOURCE
Funding Source Amount
Redevelopment Funds $12,000
Page 2 of 3 12/07/10
California Redevelopment Agencies - Fiscal Year 2009/2010
Sch D General Project Information
BALDWIN PARK
Page 3 of 3 12/07/10
SCHEDULE HCD E
CALCULATION OF INCREASE IN AGENCY'S INCLUSIONARY OBLIGATION FOR ACTIVITIES
(This Form is Information Only: Actual Obligation is based on Implementation Plan)
Report Year: 2009/2010
NOTE: This form is a summary of the totals of all new construction or substantial rehabilitation units
from forms HCD -D7 which are developed in a project area by any entity (agency or non - agency).
PART
[H & SC Section 33413(b)(1)]
AGENCY DEVELOPED
1. New Units 0
2. Substantially Rehabilitated Units
0
3. Subtotal - Baseline of l lnit.q (add line 1 & 2)
n
4. Subtotal of Inclusionary Obligation Accrued this Year for Units (line 3 x 30 %)
0
5. Subtotal of Inclusionary Obligation Accrued this year for Very-Low Income Units (line 4 x 50 %)
0
PART II
[H & SC Section 33413(b)(2)]
NON - AGENCY DEVELOPED UNITS
6. New Units
0
7. Substantially Rehabilitated Units
0
8. Subtotal - Baseline of Units (add lines 6 & 7)
0
9. Subtotal of Inclusionary Obligation Accrued this year for Units (line 8 x 15 %)
0
10. Subtotal of Inclusionary Obligation Accrued this year for Very Low Income Units (line 9 x 40 %)
0
PART III
TOTALS
11. Total Increase in Inclusionary Obligations During This Fiscal Year (add line 4 & 9)
0
12. Total Increase in Very Low Income Units Inclusionary Obligations During This Fiscal Year (add line 5 & 10)
0
California Redevelopment Agencies -Fiscal Year 2009/2010
Schedule E (11/01)
"Totals may be impacted by rounding
Page 1 of 1
12/07/2010
SCHEDULE HCD E1
CALCULATION OF INCREASE IN AGENCY'S INCLUSIONARY OBLIGATION FOR ACTIVITIES
(This Form is Information Only: Actual Obligation is based on Implementation Plan)
Report Year: 2009/2010
Agency: BALDWIN PARK
Project Area: SIERRA VISTA PROJECT
Project: DC DALEWOOD
NOTE: This form is a summary of the totals of all new construction or substantial rehabilitation units
from forms HCD -D7 which are developed in a project area by any entity (agency or non- agency).
PART
[H & SC Section 33413(b)(1)]
AGENCY DEVELOPED
1. New Units
0
2. Substantially Rehabilitated Units
0
3. Subtotal - Baseline of Units (add line 1 & 2)
0
4. Subtotal of Inclusionary Obligation Accrued this Year for Units (line 3 x 30% )
0
5. Subtotal of Inclusionary Obligation Accrued this year for Very-Low Income Units (line 4 x 50 %)
0
PART II
[H & SC Section 33413(b)(2)]
NON - AGENCY DEVELOPED UNITS
6. New Units
0
7. Substantially Rehabilitated Units
0
8. Subtotal - Baseline of Units (add lines 6 & 7)
0
9. Subtotal of Inclusionary Obligation Accrued this year for Units (line 8 x 15 %)
0
10. Subtotal of Inclusionary Obligation Accrued this year for Very Low Income Units (line 9 x 40 %)
0
PART III
TOTALS
11. Total Increase in Inclusionary Obligations During This Fiscal Year (add line 4 & 9) I 0
12. Total Increase in Very Low Income Units Inclusionary Obligations During This Fiscal Year (add line 5 & 10) 0
California Redevelopment Agencies -Fiscal Year 2009/2010
Schedule E (11/01)
*Totals may be impacted by rounding
Page 1 of 3
12/07/2010
SCHEDULE HCD E1
CALCULATION OF INCREASE IN AGENCY'S INCLUSIONARY OBLIGATION FOR ACTIVITIES
(This Form is Information Only: Actual Obligation is based on Implementation Plan)
Report Year: 2009/2010
Agency: BALDWIN PARK
Project Area: CENTRAL BUSINESS DISTRICT (CBD)
Project: CENTRAL BUSINESS DISTRICT
NOTE: This form is a summary of the totals of all new construction or substantial rehabilitation units
from forms HCD -1D7 which are developed in a project area by any entity (agency or non - agency).
PART
i [H & SC Section 33413(b)(1)]
AGENCY DEVELOPED
1, New Units
I n
2. Substantially Rehabilitated Units
n
3. Subtotal - Baseline of Units (add line 1 & 2)
0
4. Subtotal of Inclusionary Obligation Accrued this Year for Units line 3 x 30%
0
5. Subtotal of Inclusionary Obligation Accrued this year for Very-Low Income Units (line 4 x 50 %)
0
PART II
[H & SC Section 33413(b)(2)]
NON - AGENCY DEVELOPED UNITS
6. New Units
0
7. Substantially Rehabilitated Units
0
8. Subtotal - Baseline of Units (add lines 6 & 7)
0
9. Subtotal of Inclusionary Obligation Accrued this year for Units (line 8 x 15 %)
0
10. Subtotal of Inclusionary Obligation Accrued this year for Very Low Income Units (line 9 x 40 %)
0
PART III
TOTALS
11. Total Increase in Inclusionary Obligations During This Fiscal Year (add line 4 & 9) I 0
12. Total Increase in Very Low Income Units Inclusionary Obligations During This Fiscal Year (add line 5 & 10) 0
California Redevelopment Agencies -Fiscal Year 2009/2010
Schedule E (11/01)
*Totals may be impacted by rounding
Page 2 of 3
12/07/2010
SCHEDULE HCD E1
CALCULATION OF INCREASE IN AGENCY'S INCLUSIONARY OBLIGATION FOR ACTIVITIES
(This Form is Information Only: Actual Obligation is based on Implementation Plan)
Report Year: 2009/2010
Agency: BALDWIN PARK
Project Area: CENTRAL BUSINESS DISTRICT (CBD)
Project: FIRST TIME HOMEBUYER PRG 06
NOTE: This form is a summary of the totals of all new construction or substantial rehabilitation units
from forms HCD -D7 which are developed in a project area by any entity (agency or non - agency).
PART I
[H & SC Section 33413(b)(1)]
AGENCY DEVELOPED
1. New Units
n
2. Substantially Rehabilitated Units
0
3. Subtotal - Baseline of Units (add line 1 & 2)
0
4. Subtotal of Inclusionary Obligation Accrued this Year for Units (line 3 x 30 %)
0
5. Subtotal of Inclusionary Obligation Accrued this year for Very-Low Income Units (line 4 x 50 %)
0
PART 11
[H & SC Section 33413(b)(2)]
NON - AGENCY DEVELOPED UNITS
6. New Units
0
7. Substantially Rehabilitated Units
0
8. Subtotal - Baseline of Units (add lines 6 & 7)
0
9. Subtotal of Inclusionary Obligation Accrued this year for Units (line 8 x 15 %)
0
10. Subtotal of Inclusionary Obligation Accrued this year for Very Low Income Units (line 9 x 40 %)
0
PART III
TOTALS
11. Total Increase in Inclusionary Obligations During This Fiscal Year (add line 4 & 9) ( 0
12. Total Increase in Very Low Income Units Inclusionary Obligations During This Fiscal Year (add line 5 & 10) 0
California Redevelopment Agencies - Fiscal Year 2009/2010
Schedule E (11/01)
'Totals may be impacted by rounding
Page 3 of 3
12/07/2010
III! m i A
RESOLUTION NO. 460
A RESOLUTION OF THE BALDWIN PARK COMMUNITY
DEVELOPMENT COMMISSION ACCEPTING LOAN FROM
THE CITY OF BALDWIN PARK FOR ADMINISTRATIVE
EXPENSES AND AUTHORIZING EXPENDITURES
THEREFROM
WHEREAS, the proposed budget of the Baldwin Park Community Development
Commission (the "Commission ") for the Fiscal Year 2009 -2010 was adopted on March
18, 2009 (the "Budget "), and by this reference incorporated herein; and
WHEREAS, said Section 33445 of the Law authorizes the Commission to borro V ^Y
funds from the City in Furtherance of the Agency's activities and fun ctions; a..d
WHEREAS, the Fiscal Year 2009 -2010 Loan Agreement documenting such loan is
attached hereto as Exhibit "A" and by this reference incorporated herein; and
NOW, THEREFORE, BE IT HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN
PARK AS FOLLOWS:
SECTION 1. That the 2009 -2010 Fiscal Year Budget was adopted and approved by the
Agency on March 18, 2009 and included a loan up to $755,600.
SECTION 2. That the actual loan (advance) from the City of Baldwin Park for 2009 -2010,
was $505,383 in the form of personnel expenses, miscellaneous expenses and
professional services was appropriated to the Agency for Administrative Expenses as set
forth in said Budget, is hereby accepted by the Commission, and the Commission
acknowledged that said loan constitutes indebtedness of the Commission within the
meaning of Article 6, Chapter 6, of the law.
SECTION 3. The expenditure of monies from the Commission Administrative Expenses
as set forth in said Budget is hereby authorized, subject to expenditures in substantially
the same manner as money drawn by other agencies and departments of the City of
Baldwin Park subject to budgetary control.
Section 4. As required by the Law, the Commission shall file annually with the City a
detailed report of all its transactions with respect to the Commission's Administrative
Expenses, including a statement of all revenues and expenditures. This requirement
may be met by the filing of the report required by Section 33090.1 of the Law.
1
Section 5. The Commission Executive Director is hereby authorized to execute the
Loan Agreement attached hereto as Exhibit "A" and all necessary documents to carry out
the purpose and effect of this resolution.
PASSED AND ADOPTED this 15th day of December, 2010
Manuel Lozano, Chair
ATTEST:
CN -r ATE CALIFORNIA
CA
S I ATF O
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
1, LAURA M. NIETO, CIVIC, 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
Community Development Commission of the City of Baldwin Park at a regular meeting of
the Community Development Commission on December 15, 2010, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LAURA M. NIETO, CIVIC
DEPUTY CITY CLERK
FISCAL YEARS 2009 -2010
LOAN AGREEMENT
BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION PROJECT
THIS AGREEMENT is entered into this 15th day of December, 2010, by and
between the City of Baldwin Park, municipal corporation. (the "City "), and the Baldwin
Park Community Development Commission, a public body, corporate and politic, (the
"Commission").
RECITALS
WHEREAS, Section 33600 et seq. of the California Community Redevelopment
Law authorizes the Agency to borrow money or accept financial or other assistance from
the City.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein, the parties hereto agree as follows:
COVENANTS
SECTION 1. Amount of Loan. The City agrees to loan (advance) the Commission
in the amount of $505,383 in the form of staff and professional services to cover
operational expenditures. Said loan shall be in addition to any and all amounts previously
loaned to the Commission, the total amount outstanding including interest is $20,615,589
as of June 30, 2010.
SECTION 2. Disbursement of funds. The City agrees to disburse loan proceeds,
or provide personnel /professional services to the Commission upon receipt of a request
from the Commission and based upon documented timesheets. The Commission agrees
to use such proceeds only for the purposes provided for in the adopted annual budget of
the Commission for Fiscal Year 2009 -10.
SECTION 3. Interest. The Commission agrees to pay the City interest per annum
at rate equal to the California Local Agency Investment Fund (LAIF) annual rate.
SECTION 4. Repayment. The Commission agrees to repay any and all funds
borrowed as soon as possible.
1
RESOLUTION NO. 460
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK f
1, LAURA M. NIETO, CIVIC, Secretary for the Community Development Commission
of the City of Baldwin Park, do hereby certify that the above and foregoing Resolution was
duly passed and adopted by the Community Development Commission of the City of
Baldwin Park at a regular meeting of the Community Development Commission on
December 15, '4010, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LAURA M. NIETO, CIVIC, Secretary for the
Community Development Commission of the City of Baldwin Park
2
1
11
BALD IN
P - A- R. K
TO:
DI-111 9
COMMUNITY DEVELOPMENT COMMISSION
COMMUNITY DEVELOPMENT
COMMISSION AGENDA
, l 12010
Item No.
Honorable Chairman and Commission Board Members
Marc Castagnola, AICP, Community Development Man
December 15, 2010
SUBJECT: Conceptual review for the construction of new facade improvements
to an existing building for a proposed grocery store and retail space
located within the Central Business District and Sierra Vista
Redevelopment Project Areas (Location: 14433 Ramona Blvd.;
Applicant: Super Center Concepts, Inc.; Case No.: PR 10 -17)
P1IPPnRF
This item is for conceptual approval only. If the Community
Development Commission approves this project in concept,
the applicant must still obtain all necessary permits,
approvals, and /or entitlements, as they apply in proceeding
with the development of the project.
This report requests conceptual approval by the Community Development Commission
(CDC) for the construction of new facade improvements to an existing building for a
proposed grocery store and retail unit within the C -2, General Commercial Zone.
These properties are located in the Central Business District and Sierra Vista
Redevelopment Project Areas and the plans for these areas require that any new
construction be reviewed and conceptually approved by the Community Development
Commission prior to the issuance of any building permits.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff has determined that this case is exempt from the provisions of the California
Environmental Quality Act (CEQA) under Article 19, Section 15301, subsection (e) (2A)
(Class 1 - Existing Facilities) the CEQA Guidelines. No further analysis is required.
SUBJECT PROPERTY
The subject properties subject to this conceptual review are located along the north side
of Ramona Boulevard and contain approximately 4.37 acres. The overall shopping
center site (Park Plaza), that the subject properties are part of, contains approximately
13.28 acres (578,796 sq. ft). The General Plan land use designation for the subject
Conceptual Review PR 10 -17
14433 Ramona Boulevard
Paqe 2 of 3
property is Mixed Use and the zoning designation is C -2 (General Commercial).
Currently, the subject property is improved with a retail shopping center with three (4)
outlying pads, with uses including financial institution, fast food, and office uses. The
floor area of the proposed grocery store and proposed retail tenant contains a total of
59,718 square feet of floor area.
There have been a few hearings on a variety of entitlements before the Planning
Commission and City Council at this property. The entitlements are summarized below:
TABLE #1
SUMMARY OF ENTITLEMENTS AT SUBJECT PROPERTY
CASE
NUMBER
REQUEST /ACTION
NOTES
A zone variance to allow: (1) signage which
has individual channel letters, (2) a
freestanding sign which exceeds the
maximum allowable height and sign face
This zone variance was
area, (3) wall signs that exceed the
approved for the entire Park
ZV -567
maximum allowable sign face area, (4) less
Plaza shopping center
than the minimum required yard area
includes the proposed
adjacent to a street, (5) less than the
Superior Grocery Store and
minimum required parking stalls for a retail
adjacent retail unit.
development, and (6) less than minimum
number of refuse enclosures for a retail
development.
Since this conditional use
permit has not been
Off -site sale of beer and wine in conjunction
exercised in more than
CP -490
with a grocery supermarket
ninety (90) days since the
Albertson's Grocery store
closed, it automatically is
null and void.
DISCUSSION
The applicant is requesting conceptual approval for the construction of new fagade
improvements to the existing anchor tenant building within the existing shopping center.
The proposed improvements strive to incorporate updated modernistic architectural
details to replace the existing Spanish Mediterranean theme of the shopping center.
Architectural columns, cornice lines and arches are integrated with aluminum and metal
shade features over the primary entrance into the grocery component and retail
component as well as the area seating area between the two entrances.
Conceptual Review PR 10 -17
14433 Ramona Boulevard
Paqe 3 of 3
The graduated color scheme that has been proposed is within the earthtone family.
Dunn Edwards's colors such as Tea Biscuit, Black Walnut and Root Beer Float are
proposed. The lower band of the body of the building is proposed to be painted a lighter
color, Tea Biscuit while the two main entrances will be painted Root Float. The upper
band of the building will be painted Whole Wheat. Architectural accents, cornice lines
and eyebrows will be painted Black Walnut which will provide a slight contrast to the
towers and body of the building.
According to the site plan submitted for design review, the area directly in front of the
store will be improved for pedestrian activities with new hardscape plaza materials,
water feature, landscaped planters, and seating areas to facilitate a gathering place for
eating or reading. Two Outdoor kiosks for retail sales such as a newsstand are
proposed on each side of the water feature.
The parking area will also be improved with additional landscaping in the form of tree
wells which will bring the property into conformance with the City's current standards for
landscaping within the parking area. The parking area will also, at a minimum, be
reslurried and the parking stalls restriped in accordance with the minimum standards
contained in the City's Zoning Code.
The Design Review Committee is in the process of reviewing the project proposal.
Furthermore, the Applicant is required to submit a conditional use permit application for
the off -site sales of alcoholic beverages.
RECOMMENDATION
Staff recommends that the Community Development Commission adopt Resolution No.
458 entitled "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE FACADE
IMPROVEMENTS TO AN EXISTING BUILDING FOR A PROPOSED GROCERY
STORE AND RETAIL UNIT WITHIN THE CENTRAL BUSINESS DISTRICT AND
SIERRA VISTA REDEVELOPMENT PROEJCT AREAS. (LOCATION: 14433
RAMONA BOULEVARD; APPLICANT: SUPER CENTER CONCEPTS, INC. CASE
NO.: PR 10 -17.)"
ATTACHMENTS
#1 —Vicinity Map
#2 — Site Plan and Elevations
#3 — Resolution No. 458
REPORT PREPARED BY: Amy L. Harbin, AICP, City Planne
a
r
VICINITY MAP
PLANNII Vicinit-y Map
N
CASE NO.: PR10 -17
ADDRESS: 14433 Ramona Blvd
DATE: December 15, 2010
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RESOLUTION NO. 458
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF BALDWIN PARK
CONCEPTUALLY APPROVING THE FAQADE
IMPROVEMENTS TO AN EXISTING BUILDING FOR A
PROPOSED GROCERY STORE AND RETAIL SPACE
WITHIN THE CENTRAL BUSINESS DISTRICT AND
SIERRA VISTA REDEVELOPMENT PROEJCT AREAS.
(LOCATION: 14433 RAMONA BOULEVARD; APPLICANT:
SUPER CENTER CONCEPTS, INC. CASE NO.: PR 10 -17.)
WHEREAS, the property described herein Is located within the Central
Business District and Sierra Vista Redevelopment Project Areas and the
Redevelopment Plan requires that any new construction be reviewed and conceptually
approved by the Community Development Commission prior to the issuance of any
building permits; and
WHEREAS, an application ( "Application ") for Design Review was
submitted on behalf of the owners of certain real property, located at 14433 Ramona
Boulevard within the Baldwin Park Marketplace Commercial Center in the City of
Baldwin Park; and
WHEREAS, the Design Review Application is requesting conceptual
approval to allow a proposed fagade improvement on an existing building for a
proposed grocery store and retail space, pursuant to the Central Business District and
Sierra Vista Redevelopment Plans.
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Community Development Commission of the City
of Baldwin Park does hereby find, determines, and declare as follows:
a) That an application for Design Review was submitted on
behalf of the owners of certain real property, located at 144ee Ramona
Boulevard in the City of Baldwin Park, described more particularly in the
Application on file with the Planning Division; and
b) That the Design Review application is requesting conceptual
approval to allow the proposed fagade improvements, pursuant to the
Central Business District and Sierra Vista Redevelopment Project Area
Plans; and
c) That on December 15, 2010, the Community Development
Commission, based upon evidence presented including applicable staff
reports and each member of the Commission being familiar with the
Resolution 458
Page 2
properties, it was determined that the facts as required by the Central
Business District and Sierra Vista Redevelopment Plans, for the granting
of such approvals are present and that the Design Review proposal
should be conceptually approved.
SECTION 2. That the Design Review proposal, as herein described by
and the same hereby is approved subject to the following findings as required by the
Sierra Vista Redevelopment Project Area Plan.
(a) That the proposed improvements will be compatible with the
standards and other requirements set forth in the Sierra Vista
Redevelopment Plan. The design proposed by the Applicant provides
aesthetic treatments to the elevations including the integration of
modernistic architectural features with the existing Spanish Mediterranean
design. Additionally, hardscape features are included such as benches,
water feature, and landscaped planters are proposed along the front
elevation. The proposed improvements are in conformance with the
adopted Design Guidelines for the Commercial and Industrial
Development within the Sierra Vista Redevelopment Project Area and the
City's Zoning requirements; and
(b) That the proposed improvements will not require any
modification in order to meet the requirements of the Sierra Vista
Redevelopment Plan or the Design Guidelines for the Sierra Vista
Redevelopment Project Area; and
d) That the Applicant has entered into a Memorandum of
Understanding with the City of Baldwin Park for the development of said
improvements.
SECTION 3. The City Clerk shall certify to the adoption of this
Resolution and forward a copy hereof to the Executive Director and the Secretary of
the Commission and the Applicant.
PASSED AND APPROVED this 15th day of December 2010.
MANUEL LOZANO, CHAIR
Resolution 458
Page 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS.
CITY OF BALDWIN PARK )
1, Laura M. Nieto, CIVIC, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Resolution 458 was duly and regularly approved and
adopted by the Community Development Commission of the City of Baldwin Park at a
regular meeting thereof, held on December 15, 2010 by the following vote:
AYES: MEMBER:
NOES: MEMBER:
ABSENT: MEMBER:
"A-
Laura M. Nieto, CIVIC
Deputy City Clerk
"M
• 11 N 9 4
Honorable Chairman and Members of the Commissio
FROM: Marc Castagnola, AICP, Community Development Ma
Lorena Quijano, Director of Finance
DATE: December 15, 2010
COMMUNITY DEVELOPMENT
COMMISSION AGENDA
N-C - /E5 '2010
Item No. &
SUBJECT: Resolution No. 459 in regards to the Supplemental Educational
Revenue Augmentation Funds (SERAF) obligation for FY 2009-2010
(ABX4 26)
The purpose of this staff report is for the Community Development Commission
(Commission) to consider the adoption of the attached resolution in regards to
borrowing of funds from the Low and Moderate Income Housing Fund for the required
Supplemental Educational Revenue Augmentation Funds (SERAF) payment obligation
for FY 2009-2010, required per state legislation ABX4 26.
In accordance with ABX4 26, the State required redevelopment agencies to shift $1.7
Billion in property tax increment revenues to K-12 schools in FY 2009-2010 via the
Supplemental Educational Revenue Augmentation Funds (SERAF) and an additional
shift of $350 Million in FY 2010-2011.
On November 13, 2009, State Department of Finance notified the Commission of the
SERAF amount determined to be transferred, which was calculated based on net and
gross tax increments.
On May 5, 2010, the Commission authorized staff to make the required SERAF
payment using the Low and Moderate Income Housing Fund and other available
Commission funds.
DISCUSSION
The Commission's proportionate share of the property tax shift for FY 2009-2010 was
$1,790,663 and was allocated to the LA County Auditor-Controller for deposit into the
SERAF by the due date of May 10, 2010 to avoid any sanctions.
The Health and Safety Code section 33690 provides that, an agency may make its
SERAF payment by borrowing the amount allocated to the Low and Moderate Income
Housing Fund, pursuant to sections 33334.2, 33334.3, and 33334.6, or any
SERAF Resolution No. 459
December 15, 2010
Page 2 of 2
uncommitted moneys in that fund.
A condition of borrowing, Health and Safety Code section 33690 requires the agency to
make a finding that there are insufficient other agency moneys to meet the SERAF
payment requirement.
Based on the amount of existing indebtedness of the Commission, the Commission had
insufficient non - housing funds and was only able to make the required SERAF payment
by borrowing a portion of the payment due from its Fiscal Year 2009 -2010 allocation of
Low and Moderate Income Housing Funds.
The FY 2009 -2010 housing set -aside amount borrowed was $1,312,140, leaving a
reemainder balance of $4?3, CO3 , which was paid from available i Iv9 e- I;ousong
11.0m i ission funds.
The housing set -aside fund must be repaid by June 30, 2015 with no interest to accrue
on the loan. If not repaid by the deadline, then the housing set aside allocation is
increased to 25% permanently.
Staff recommends that the Community Development Commission waive further
reading, read by title only and adopt Resolution No. 459, entitled, "A RESOLUTION OF
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN
PARK, STATE OF CALIFORNIA, MAKING CERTAIN FINDINGS REGARDING THE
BORROWING OF FUNDS FROM THE LOW AND MODERATE INCOME HOUSING
FUND TO ASSIST WITH THE PAYMENT TO THE SUPPLEMENTAL EDUCATIONAL
REVENUE AUGMENTATION FUND FOR FISCAL YEAR 2009 - 2010 ".
Attachment No. 1 — Resolution No. 459
Resolution No. 459
RESOLUTION NO. 459
A RESOLUTION OF THE COMMUNITY DEVELOMENT
COMMISSION OF THE CITY OF BALDWIN PARK, STATE
OF CALIFORNIA, MAKING CERTAIN FINDINGS
REGARDING THE BORROWING OF FUNDS FROM THE
LOW AND MODERATE INCOME HOUSING FUND TO
ASSIST WITH THE PAYMENT TO THE SUPPPLEMENTAL
EDUCATIONAL REVENUE AUGMENTATION FUND FOR
FISCAL YEAR 2009 -2010
WHEREAS, the California State Legislature enacted ABX4 26, which requires
redevelopment agencies to make certain na\ /ments to its county Sunn,nlemental
Educational Revenue Augmentation Fund (SERAF) In Fiscal Years 2009 -2010 and 2010-
2011; and
WHEREAS, the Commission Development Commission of the City of Baldwin
Park (Commission) was notified that its payment to SERAF for 2009 -2010 was
$1,790,663; and
WHEREAS, the existing indebtedness of the Commission non - housing funds
prevented the Commission from having sufficient funds available to make the SERAF
payment; and
WHEREAS, Health and Safety Code section 33690 provides that, an agency may
make its SERAF payment by borrowing the amount allocated to the Low and Moderate
Income Housing Fund, pursuant to sections 33334.2, 33334.3, and 33334.6, or any
uncommitted moneys in that fund; and
WHEREAS, on May 5, 2010, the Commission authorized staff to make the
required SERAF payment using FY 2009 -2010 Low and Moderate Income Housing
Funds and other available Commission funds; and
WHEREAS, a condition of borrowing, Health and Safety Code section 33690
requires the agency to make a finding that there are insufficient other agency moneys to
meet the SERAF payment requirement; and
NOW, THEREFORE, the Community Development Commission of the City of
Baldwin Park DOES HEREBY RESOLVE, as follows:
SECTION 1. Based on the amount of existing indebtedness of the Commission, the
Commission hereby finds that it has insufficient non - housing funds and is only able to
make the required SERAF payment by borrowing a portion or $1,312,140 from its Fiscal
Year 2009 -2010 allocation of Low and Moderate Income Housing Funds.
SECTION 2. The Commission hereby approves the borrowing of $1,312,140 from the
Housing Fund for the Commission to make the FY 2009 -2010 SERAF Payment, with no
interest to accrue on such loan, and with the full amount to be repaid no later than June
30, 2015. The remainder of $478,528 was paid from available Commission funds.
SECTION 3. The Commission Executive Director is hereby authorized to execute all
necessary documents to carry out the purpose and effect of this resolution.
PASSED AND ADOPTED this 15th day of December, 2010
Manuel Lozano; Char
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 resolution was duly and regularly approved and adopted by the
Community Development Commission of the City of Baldwin Park at a regular meeting of
the Community Development Commission on December 15, 2010, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LAURA M. NIETO, CIVIC
DEPUTY CITY CLERK
2
AGENDA
BALDWIN PARK
FINANCE AUTHORITY
REGULAR MEETING
December 15, 2010
7:00 PM
COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960 -4011
BALDWIN
Manuel Lozano - Chair
Marlen Garcia - Vice Chair
Monica Garcia - Member
Ricardo Pacheco - Member
Susan Rubio - Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHSLE MEETING IS IN PROCESS
POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the City Council or Se invita al publico a dirigirse al Concilio o cualquiera otra de
any of its Agencies listed on this agenda on any matter sus Agencias nombradas en esta agenda, para hablar sobre
posted on the agenda or on any other matter within its cualquier asunto publicado en la agenda o cualquier tema que
jurisdiction. If you wish to address the City Council or any este bajo su jurisdiccidn. Si usted desea la oportunidad de
of its Agencies, you may do so during the PUBLIC dirigirse al Concilio o alguna de sus Agencias, podra hacerlo
COMMUNICATIONS period noted on the agenda. Each durante el periodo de Comentarios del Publico (Public
person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se
Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un interprete para
convenience. su conveniencia.
Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority
that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection
at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday -
Thursday, 7:30 a.m. - 6:00 p.m.)
FINANCE AUTHORITY
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Members: Monica Garcia, Ricardo Pacheco, Susan
Rubio, Vice-Chair Marlen Garcia and Chair Manuel
Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
HIS IS THE TIME SET ASIDE TO ADDRESS THE COMMUSSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or
specf-'circumstan-es -'st The leg'slaive body or its staff may: 1) Briefly respond to statements made
IC11 LWIL; -_ Uxlzil. 11
or questions asked by persons; or Direct staff to investigate andlar 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 acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista
algOna emergencia, o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder
brevemente a declaraci6nes o preguntas hechas por personas; a 2) Dirigir personal a investigar Y/o fijar
asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
1. MINUTES
Staff recommends Authority approve the minutes of the November 17, 2010 meeting
(regular.)
ADJOURNMENT
CERTIFICATION
1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty
of perjury under the laws of the State of California, that the foregoing agenda was posted on
the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 9th day of
December 2010.
Laura M. Nieto, CMC
Deputy City Clerk
PLLA SL NU I E: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public
viewing and inspection at City Hall, 2°d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For
further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at
Inieto(cDbaldwinpark.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
MINUTES
Manuel Lozano, Mayor /Chair
Ricardo Pacheco, Mayor Pro Tem /Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council
Members /Members
Maria Contreras, City Treasurer Alejandra Avila, City Clerk
The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR
SESSION at the above time and place.
CALL TO ORDER
Present: Member Monica Garcia, Member Rubio, Vice Chair Pacheco,
Chair Lozano.
Absent: Member Marlen Garcia.
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 Monica Garcia.
1. MINUTES
Authority approved the minutes of the October 20, 2010 meeting (regular.)
There being no other matters for discussion the meeting was adjourned at 7:54
p.m.
Approved as presented by the Authority at their meeting held December 15,
2010.
Laura M. Nieto, CIVIC
Deputy City Clerk
/_TrM1 X7:1
., 1
It .: be t
,0 -
COUNCIL CHAMBER r i PACIFIC
15ALDWIN PARK, CA 91706
• 2 • 06 V
Manuel Lozano - Chair
Marlen Garcia - Vice Chair
Monica Garcia -
Member
Ricardo Pacheco -
Member
Susan Rubio -
Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FA VOR DE APA GAR 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 jurisdicci6n. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, pods 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.
Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority
that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection
at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday -
Thursday, 7:30 a.m. - 6:00 p.m.)
HOUSING AUTHORITY
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Members: Monica Garcia, Ricardo Pacheco, Susan
Rubio, Vice-Chair Marlen Garcia and Chair Manuel
Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite Para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken an a matter unless it is listed on the agenda, or unless certain emergency or
special I 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 acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista
a1g6na emergencia o circunstancia especial. El cuerpo legislative y su personal podran: 1) Responder
brevemente a declaraci6nes o preguntas hechas por personas; a 2) Dirigir personal a investigar y1d fjar
asuntos Para tomar en consideraci6n en juntas proximal. [Codigo de Gobierno §54954.21
CONSENT CALENDAR
1. MINUTES
Staff recommends Authority approve the minutes of the November 17, 2010 meeting
(regular.)
ADJOURNMENT
CERTIFICATION
1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury
under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin
board not less than 72 hours prior to the meeting. Dated this 9th day of December 2010.
J. wa )717. wt4&
Laura M. Nieto, CMC
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available
for public viewing and inspection at City Hall, 2' Floor Lobby Area or at the Los Angeles County Public Library in the City of
Baldwin Park, For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011,
ext. 466 or via e-mail at Inieto(a1baldwinpark. com .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will
enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102,104 ADA TITLE
CITY OF BALDWIN PARK
HOUSING AUTHORITY
MINUTES
r v i•. w
AGENDA
Manuel Lozano, Mayor /Chair
Ricardo Pacheco, Mayor Pro Tem /Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council
Members /Members
Maria Contreras, City Treasurer Alejandra Avila, City Clerk
The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR
SESSION at the above time and place.
ROLL CALL
Present: Member Monica Garcia, Member Rubio, Vice Chair Pacheco,
Chair Lozano.
Absent: Member Marlen Garcia.
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
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Chair Lozano, seconded by Member Monica Garcia.
1. MINUTES
Authority approved the minutes of the October 20, 2010 meeting (regular.)
ETON "OlawlAZI-111
There being no other matters for discussion the meeting was adjourned at 7:55
p.m.
Approved as presented by the Authority at their meeting held December 15, 2010.
Laura M. Nieto, CIVIC
Deputy City Clerk